Delaware Administrative Code
Title 2 - Transportation
1000 - Department of Safety and Homeland Security
1300 - Division of State Police
1301 - Nonconsensual Towing
Section 1301-4.0 - Approved Towers

Universal Citation: 2 DE Admin Code 1301-4.0

Current through Register Vol. 28, No. 3, September 1, 2024

4.1 Applications for status as an Approved Tower shall be made in writing and under oath to the Division on forms provided by the Division. The application shall contain all information required therein and shall be directed to the Division's Traffic Section.

4.2 The Traffic Control Section shall review each application for form and completeness. The applicant must attach to the application:

4.2.1 Business license;

4.2.2 Proof of insurance for all towing vehicles;

4.2.3 The driving record for each driver;

4.2.4 A criminal background record for each driver, and authorization for the Division to conduct future criminal background checks; and

4.2.5 Schedule of towing and storage rates.

4.3 An application shall be approved if it includes all of the information and documents required by these regulations and otherwise demonstrates compliance with these regulations and applicable law. The Traffic Section will notify the applicant in writing that it has been conferred Approved Tower status, and send a copy of the application and approval to the Troop.

4.4 No tower will be considered for approved status unless it has continuously been in the towing business for at least twelve (12) months prior to the date the application is received. No tower will be considered for approved status unless it has at least two vehicles meeting all of the specifications in these regulations.

4.5 No later than January 31 of each year (but not earlier than January 2), each Approved Tower shall complete and return to the Traffic Section a renewal form to be provided by the Division. The renewal form shall attest, under oath, that all of the information in the original application remains correct and complete or notify the Division of any changes in the information in the original application or last renewal form. The renewal form shall include a copy of the Approved Tower's business license, proof of insurance for each towing vehicle, driving record for each driver, and schedule of rates for towing and storage services. The renewal form shall also include criminal background records for any employee hired since the date of the original application or last renewal form. The Division may also conduct its own criminal background checks on any new or existing employee of Approved Towers.

4.6 An Approved Tower must notify the Traffic Section in writing within ten days of the date of any change in the information supplied on the original application. For example, if the Approved Tower hires a new driver or buys a new towing vehicle, then that information must be provided to the Troop in writing.

4.6.1 Vehicles and Equipment
4.6.1.1 Upon submission of an application, the Traffic Control Section will inspect the applicant's tow vehicles and equipment to determine if they are fit for operation and otherwise in compliance with these regulations and the motor vehicle and traffic laws and federal motor carrier safety regulations, including but not limited to U.S. Department of Transportation rules or regulations. The Troop in whose Troop Area the Approved Tower is assigned may conduct periodic or random inspections to determine if tow vehicles continue to meet all federal, state, and local standards. If, at any time, the Troop finds that a tow vehicle does not meet the minimum specifications for its class, or is not in compliance with any federal, state, or local standards, the Troop shall immediately stop using the services of that Approved Tower until such repairs are made and the tow vehicle is re-inspected by the Troop.

4.6.2. Drivers
4.6.2.1 All tow vehicle drivers must be at least eighteen (18) years of age and have the appropriate driver's license for the Approved Tower's tow vehicle.

4.6.2.2 Every driver shall be competent by reason of experience or training to safely operate the type of tow vehicles certified.

4.6.2.3 No driver shall have had within the last ten years from the date the application is submitted to the Division: more than one conviction for driving under the influence of alcohol or drugs; any criminal conviction involving theft, dishonesty, or fraud; any felony conviction involving or related to the operation of a tow vehicle; or any judgment (civil or criminal) of having operated a tow vehicle in a grossly negligent manner or in a manner showing a reckless disregard for life or property.

4.6.2.4 The Division may disqualify particular drivers based upon a determination that they pose an unreasonable risk to public safety, notwithstanding the absence of the disqualifiers set forth in subsection 4.6.2.3 and may deny an application where the applicant does not confirm to the Division's satisfaction that it will not use or employ such drivers.

4.6.3 Towing Service
4.6.3.1 All vehicles and equipment owned and operated by the Approved Tower must meet the minimum specifications set forth in these regulations.

4.6.3.2 All vehicles and equipment owned and operated by the Approved Tower must provide proof of insurance for each tow vehicle to the Division at the time of its application for certification, and each year that the Approved Tower renews its certification, or upon demand by the Division.
4.6.3.2.1 The following minimum coverage is required:

Comprehensive Vehicle Liability Insurance Limits of Liability
Combined Single Limit $1,000,000
Additional Umbrella $1,000,000
Garage Liability Insurance Limits of Liability
Combined Single Limit $1,000,000
Additional Umbrella $1,000,000
Garage Keeper's Liability Limits of Liability
Combined Single Limit $1,000,000
Additional Umbrella $1,000,000
Workers' Compensation As required by statute
Employer's Liability As required by statute

4.6.3.2.2 All insurance policies required shall be issued only by companies authorized to do business in Delaware. Coverage must provide for loss from any vehicle or contents such as radios and computers while being handled, towed or stored by the approved tower. Approved Towers must notify the Division of any modification, amendment, cancellation or substitution of any insurance policy required by these regulations within ten days the Approved Tower learns of the change in circumstances.

4.7 Approved Towers must have a principal place of business under their exclusive control and located in their assigned areas. Each Approved Tower must maintain a telephone number to answer calls from the Troop duty officer twenty-four hours a day, and must maintain at least one tow vehicle and one qualified driver for that place of business. Towers are not required to be open during holidays and weekends, but must be available upon request to release vehicles during holidays and weekends at no additional charge.

4.8 The Approved Tower's storage facility must be located on the same premises or adjacent to its principal place of business . The Approved Tower shall maintain a secure outside storage facility for the control and safekeeping of motor vehicles, enclosed by a fence at least six feet high to deter trespass, vandalism, and tampering. With the approval of the Troop Commander, an Approved Tower may use a satellite storage facility on a seasonal basis that is not located on or next to its principal place of business if the satellite facility will be more convenient for the public. The Approved Tower will operate that satellite facility in accordance with the conditions and provisions of this regulation.

4.9 The Approved Tower must be able to provide emergency service, twenty-four hours a day, seven days a week, 365 days a year within its assigned area.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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