Current through Register Vol. 49, No. 2, February 2024
RULE
1: OWNER'S PREFERENCE
Each Troop shall maintain a list of approved tow businesses that
shall be requested to tow vehicles. This list shall be known as the "Towing
Rotation List".
1.1 Before utilizing
the Towing Rotation List, "owner's preference," shall be offered by the
Arkansas State Police (ASP) to the registered owner, driver, or any competent
occupant, if available, of any disabled or inoperative vehicle, except in those
circumstances when an emergency exists or where the immediate clearing of a
public thoroughfare mandates that a tow operator be requested on an expedited
basis, or when the occupant(s) have been physically arrested.
1.2 "Owner preference" means the right of the
owner or person in charge of any disabled or inoperative vehicle to request
some responsible and reasonable person, gratuitous bailee, or bailee for hire
of his or her choosing to take charge and care of said vehicle.
RULE 2: MINIMUM
REQUIREMENTS FOR PLACEMENT ON ROTATION LISTS
Any towing business that wishes to be placed on a Towing Rotation
List shall meet the following requirements before being placed on a Towing
Rotation List:
2.1 Each towing business
shall be approved by the Arkansas Towing and Recovery Board and be licensed to
engage in the non-consent towing business. Each tow vehicle must have a current
"Tow Vehicle Safety Permit" (decal issued by the Arkansas Towing and Recovery
Board) affixed to the windshield.
2.2 Each tow vehicle shall display a current
vehicle license plate indicating the vehicle is properly registered for gross
weight as set forth under Arkansas law.
2.3 The towing business shall be willing to
provide towing, storage, or other related services at all hours.
2.4 The towing business shall have a phone
number listed in the name of the towing business, and in addition, have a phone
number at which the towing business can be contacted after business hours.
During normal business hours, Monday through Friday, the towing business shall
have someone at the business that will be available for administrative matters,
and for the release of motor vehicles or other related items stored at the
request of the ASP. After normal business hours, a person shall be on-call to
provide said services.
2.5 The
towing business shall provide the troop headquarters a complete list of all
prices for the services it performs or may perform related to the towing and
storage of any vehicle for the ASP. The list shall be on the letterhead of the
towing business. The towing business shall be responsible for updating the list
when prices change by submitting a new price list which contains the date when
new prices will take effect. The towing business shall not exceed the prices on
file with the ASP for services performed at the request of the ASP.
2.5.A The towing business understands these
prices may be provided to citizens needing a tow service and will be subject to
public release under the Arkansas Freedom of Information Act.
2.6 The towing business shall
provide reasonable accommodations for after-hour release of stored vehicles or
the release of personal property in stored vehicles or other related storage.
Once the ASP releases any hold on personal property not affixed to the towed
vehicle, the towing company, unless they can show just cause, shall release
personal property to the rightful owner. Nothing herein shall be construed to
require a towing business to forfeit or relinquish its possessory lien as
established under Arkansas law.
2.7
The towing business shall maintain a reasonably secure area for the safe
storage of motor vehicles or other items stored at the request of the ASP.
Storage facilities shall be clearly marked as belonging to that particular
towing business.
2.7.A Each storage facility
must have adequate lighting to illuminate the fenced-in area.
2.7.B Fencing shall be adequate to reasonably
secure the storage facility and prevent unauthorized entrance. The towing
business shall maintain a sufficient amount of insurance to cover loss or
damage to stored vehicles or property.
2.8 Any tow vehicle being utilized by the
towing business shall have the name of the towing business permanently affixed
to the vehicle. Magnetic signs shall not be used.
2.9 Each towing business shall maintain tow
and hook, liability, and garage-keepers insurance in an amount not less than
that designated under Arkansas law.
2.10 Towing operators that respond to ASP
calls shall not have a felony conviction; or a theft-related Misdemeanor within
the last (3) three years. Prior convictions will be considered on a
case-by-case basis. The Troop Commander shall have complete discretion when
weighing the desire of the towing company to be placed on the list against
public confidence in ASP's tow list.
RULE 3: ROTATION LIST COMPLIANCE
REQUIREMENTS
Each towing business placed on a Towing Rotation List shall
comply with the following requirements:
3.1 Towing businesses shall remove any glass,
vehicle parts, or other substances dropped or spilled prior to leaving the
incident scene.
3.2 Towing
businesses shall not operate satellite stations on a Towing Rotation List. The
towing business will only be placed on a rotation list once, unless the
satellite station is a separate independent business and meets all the
requirements set forth in these rules.
3.3 If a towing business becomes unavailable
to take calls for any period of time, it shall notify the respective Troop
Communications Center. That towing business shall be removed from the troop
rotation list for the requested period of time.
3.4 No towing business shall accept a service
call if the tow vehicle operator is under the influence of any substance that
could cause impairment.
3.5 The tow
vehicle operator shall sign an (ASP-186) Auto Storage Report before leaving
with the vehicle. Upon release of the vehicle by the towing business, the
person taking possession of the vehicle shall sign the Auto Storage Report,
along with the person releasing the vehicle. The date of release shall be
placed on the Auto Storage Report.
3.5.A All
Auto Storage Reports shall be returned to the respective Troop Headquarters on
a monthly basis.
3.5.B If the towed
vehicle has not been claimed after twenty (20) days, the report shall be sent
to the Troop Headquarters with the words "20 days past" written on it, if the
owner of the vehicle is unknown.
3.5.C If the owner of the vehicle is unknown,
and the vehicle has remained unclaimed for a period of thirty (30) days, the
towing business shall complete an (ASP-96) Unclaimed Vehicle Report Form.
3.5.C.i The Unclaimed Vehicle Report Form
shall be forwarded to the respective ASP Criminal Investigation Division
Company and a copy sent to the Troop Headquarters originally requesting the
tow.
3.6 Each
towing business shall maintain a record or ledger of all vehicles towed at the
direction of the ASP. This record or ledger shall contain the following
information:
(1) date, time and location of
the tow;
(2) description of vehicle
being towed with VIN and license plate number;
(3) name of tow vehicle operator; and
(4) location to which the vehicle
was towed.
3.7 Towing
businesses shall cooperate with the ASP and allow the inspection of records or
equipment associated with compliance of these Rules.
3.8 Towing businesses shall maintain a
physical business location within the state of Arkansas, and no vehicle or
other item shall be removed from the state of Arkansas unless released to
and/or authorized by the owner or the owner's legal representative of the towed
vehicle.
3.9 A towing business
shall not screen calls to accept only the most profitable ones.
3.10 Towing businesses on a Towing Rotation
List shall not respond to the scene of an accident unless requested by the ASP
or other law enforcement authority at the direction of the ASP.
3.10.A If contacted by an owner to respond to
the scene of an automobile accident, the towing business shall contact the
Troop Communications Center to advise ASP of the request before proceeding to
the scene of the accident.
3.11 If a towing business is unable to
provide the equipment required for a particular call, or provided such
equipment in a timely manner, the next available towing business having such
equipment shall be called and the towing business not providing such equipment
shall forfeit that particular call rotation.
3.12 The owner, or owners, and any employee
of the towing business who operate a tow vehicle, shall comply with all federal
and state laws.
RULE
4: ROTATION LIST TYPES
Each Troop Commander shall establish the towing zones within the
respective Troop. Each Troop Headquarters shall establish two Towing Rotation
Lists as follows:
4.1 Light Duty Towing
Rotation List: To be placed on the Light Duty Towing Rotation List, a business
must have the following equipment:
4.1.A A
light duty tow vehicle, equipped with a wheel lift device. Those businesses
providing services under a Towing Rotation List at the time of enactment of
these Rules shall be exempt from the requirement of having available a wheel
lift-equipped truck, if that towing business did not operate such a truck at
the time of enactment.
4.1.A.i However, at the
discretion of the officer requesting the tow, if it is determined that a wheel
lift-equipped truck is required for the particular call, the next available
towing business having such equipment shall be called and the towing business
not providing such equipment shall forfeit that particular call
rotation.
4.1.B A
rollback-equipped truck for transporting cars, light trucks and other related
items not amendable to towing by a sling, wheel lift, or other methods normally
utilized by a tow truck. Those towing businesses providing services under a
Towing Rotation List at the time of enactment of these rules shall be exempted
from the requirement of having available a rollback-equipped truck, if the
towing business did not operate such a truck at the time of enactment.
4.1.B.i However, if at the discretion of the
officer requesting the tow, it is determined that a rollback-equipped truck
having such equipment shall be required for the particular call, the towing
business not providing such equipment shall forfeit that particular call
rotation.
4.2
The tow vehicle utilized for Light Duty Tow calls shall be able to respond
immediately. If the towing business is not able to respond immediately, it
shall notify the Troop Headquarters. The Troop Headquarters shall move to the
next available towing business that can respond immediately, and the towing
business that was unable to respond shall forfeit that call rotation.
4.3 Heavy Duty Tow Vehicles: To be placed on
the Heavy Duty Towing Rotation List, a towing business shall have available the
following equipment:
4.3.A A heavy duty tow
truck, equipped with an "underlift" device to be utilized for connecting to the
vehicle to be towed.
4.3.A.i At the discretion
of the officer requesting the tow, it is determined that a heavy duty tow truck
is required for the particular rotation call, the next available towing
business having such equipment shall be called and the towing business not
providing such equipment will forfeit that particular call rotation.
4.3.A.ii Those towing businesses providing
services under a Towing Rotation List at the time of enactment of these rules,
shall be exempted from the requirement of having available an
underlift-equipped truck if that towing business did not operate such an
equipped truck at the time of enactment.
4.3.A.iii At the discretion of the officer
requesting the tow, it is determined that an "underlift" device is required for
the particular rotation call, the next available towing business having such
equipment shall be called and the towing business not providing such equipment
shall forfeit that particular call rotation.
4.3.B Access to other towing equipment
(another wrecker service) to clean up major accidents, including but not
limited to, grain, logs, sand, gravel, cargo, etc. For purposes of this
requirement, the towing business need not own or operate the equipment itself,
but the towing business shall have a written agreement with a competent
business within the same towing zone with which it may contract for services on
a twenty-four (24) hour basis. Any towing business contracting for clean up
services under this requirement shall be responsible for any damages inflicted
by its contractor as if it were performing the services itself.
4.4 The tow vehicle utilized for
calls from the Heavy Duty Tow Vehicle Rotation List shall be dispatched
immediately upon request by the Troop Headquarters. If a heavy duty tow vehicle
cannot be in route within twenty (20) minutes from the time the request for
services is made, the ASP shall move to the next towing business on the Heavy
Duty Towing Rotation List. A towing business that is unable to respond shall
forfeit that particular call rotation.
RULE 5: RATES AND CHARGES
REQUIREMENTS
A towing business receiving calls from the ASP shall not charge
fees in excess of those provided in writing by the towing business to the troop
headquarters, nor shall a towing business charge for the use of equipment
and/or personnel not reasonably necessary to perform the requested services in
a timely and professional manner.
5.1
Storage fees shall be reasonable, as determined by industry standards. A list
of fees and how those fees are calculated shall be given to the ASP in
accordance with RULE 2.5 . Consumer charges shall not deviate from
the list provided.
5.2 Whenever
complaints are received by the ASP concerning the services provided or the fees
charged for towing and related services requested through the ASP, the
complaint shall be investigated in accordance with RULE 6 to
determine the validity of the complaint and if any action is warranted against
the towing business.
5.3 Any towing
business found to have exceeded its posted prices, using unnecessary services
to increase its fee, or engaging in unethical business practices shall be
subject to removal from the Towing Rotation List by the Troop Commander. Towing
businesses shall maintain a current price list, on its letterhead, of all
charges for equipment and services at the respective troop headquarters in
accordance with RULE 2.5.
RULE 6: COMPLAINT AGAINST TOWING
BUSINESS AND LIST REMOVAL GROUNDS
Complaints made against a towing business on a Towing Rotation
List shall be handled as any other complaint for a service provided by the ASP.
The Troop Commander may refer it to the Arkansas Towing and Recovery Board when
it is a complaint relating to licensing.
6.1 If the Troop Commander opens a complaint,
it shall follow the normal route of a complaint filed with the ASP. After a
review of the complaint file, the Troop Commander shall render a decision. The
decision of the Troop Commander may be reviewed by the Bureau Commander. A
decision rendered by the Bureau Commander shall be final.
6.2 Any towing business receiving calls from
a Towing Rotation List maintained by the ASP shall be subject to removal for:
6.2.A Failing to follow these
Rules;
6.2.B Failing to meet the
rules established for non-consent towing by the Arkansas Towing and Recovery
Board;
6.2.C Substantiated
complaint; or
6.2.D Dishonest,
fraudulent or false statements made to the ASP.
RULE 7: TOWING BUSINESS COMPLAINTS
AGAINST THE ARKANSAS STATE POLICE
In those instances where a towing business on a Towing Rotation
List has a complaint against the ASP, the owner or designated agent for that
towing business shall comply with the following procedure order to insure
proper redress:
7.1 The towing business
owner or designated agent shall submit the complaint in written form, with the
original being sent to the respective Troop Commander and a copy to the Law
Enforcement Bureau Commander. It shall include the following:
(1) The specific nature of the complaint,
including a detailed recitation of the facts upon which the allegation is
based;
(2) the name or identity of
the ASP employee who has engaged in the alleged conduct which has given rise to
the complaint; and
(3) any
supporting documentation that would establish a basis for the
complaint.
7.2 If the
complaint is based upon an allegation of missed tow rotation calls, or
inequitable assignment, the towing business owner or designated agent shall
first examine the Troop Headquarters records before filing a formal complaint.
This will provide both the ASP and towing business the opportunity to correct
inadvertent omissions in tow assignments.
7.2.A If no resolution is reached, the Troop
Commander shall review the complaint information and render a decision. The
decision of the Troop Commander may be reviewed by the Bureau Commander. A
decision rendered by the Bureau Commander shall be final.
7.3 If the complaint is against an officer,
the complaint will follow the normal course of citizen
complaints.