Delaware Administrative Code
Title 2 - Transportation
1000 - Department of Safety and Homeland Security
1300 - Division of State Police
1301 - Nonconsensual Towing
Section 1301-6.0 - Towing Service Allocation System

Universal Citation: 2 DE Admin Code 1301-6.0

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

6.1 Troop Commanders may designate one Approved Tower to be the exclusive tower for the Troop Area or may designate multiple Approved Towers for the Troop Area. In making this decision, factors to consider may include:

6.1.1 Needs of public safety and efficiency of service;

6.1.2 Traffic patterns and accident statistics;

6.1.3 The density of approved towing companies;

6.1.4 Prior history, if any, of response times and reliable and expeditions towing services; and

6.1.5 Any other factor the Troop Commander, in their sole discretion, may deem relevant.

6.2 If multiple Approved Towers are to serve a Troop Area, they may be assigned specific geographical areas, within the Troop Area, in which each shall be the exclusive tower. Alternatively, towers may be placed on a rotating list for the entire Troop Area. Troop Commanders shall establish the number of Approved Towers based on the factors in subsection 6.1 and to minimize the management of a rotating system. The Troop Commander may revise the number of Approved Towers if there is a determination that the public is not being appropriately served by the existing number of towers.

6.3 Rotating System

6.3.1 Approved Towers shall be called by the Troop to remove vehicles according to the towers' placement on the rotating list, taking into account the tow vehicle classification for the size of the vehicle to be towed. Approved Towers will be called in succession from the top of the list.

6.3.2 The Approved Tower must acknowledge the rotation call by contacting the duty officer at the Troop within five minutes after the rotation call. If the Approved Tower fails to answer or timely return the call, or responds but does not provide adequate assurance of a prompt and reasonable response, the Troop may rotate the Approved Tower to the bottom of the list and call the next Approved Tower.

6.3.3 An Approved Tower shall promptly respond to a call with a tow vehicle classified to meet or exceed the size of the vehicle to be towed. If an Approved Tower truck does not respond to a request for service, or does not maintain a vehicle with the needed classification, that tower shall be rotated to the bottom of the list.

6.3.4 Absent exigent circumstances, when an Approved Tower responds to a call to remove an abandoned vehicle, the Approved Tower shall not be rotated to the bottom of the rotation list but shall remain at the top of the list for the next available call.

6.3.5 Approved Towers will be listed only once on each list and only in the name under which they are certified under these regulations. Approved Tower shall not receive multiple listings or classifications through the use of different or fictitious names.

6.4 Troop Commanders have the discretion to request the assistance of Approved Towers from other approved areas or who are not the next tower on a rotating list where, in their discretion, doing so is needed to address an emergency or other public safety concern. In the event of specialized recovery requirements not otherwise met by Approved Towers, the Troop may call specialized recovery equipment on a nearest available basis.

6.5 In the event an Approved Tower loses approved status, Troop Commanders shall have the sole discretion to redistribute the tower's territory to other Approved Towers.

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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