Current through Reg. 50, No. 187; September 24, 2024
(1)
All wrecker operators and drivers must have in their possession a valid Florida
driver's license as required by Florida law for the operation of any vehicle to
be driven. Prior to approval, the Division shall obtain background information
on each driver, including the driver history record. Form HSMV 60314 shall be
used by the Division to record such information.
(a) The wrecker operator shall immediately
notify the division of any changes in wrecker driver(s), wreckers, wrecker unit
numbers, insurance coverage or any other changes relating to ownership or
management of the business.
(2) Wrecker operators and their drivers are
required to comply and be familiar with the Florida Uniform Traffic Control
Law, Chapter 316, F.S.
(3) Wrecker
operators properly at the scene of an accident shall remove only the vehicle
involved at the direction of the investigating officer.
(4) Wrecker operators shall sweep glass from
the roadway and remove all debris or hazards from the scene, and comply with
the requirements of Section
316.2044(2),
F.S.
(5) Wrecker operators shall
impound such vehicles as requested by a trooper or a division
representative.
(6) Wrecker
driver(s) shall be thoroughly familiar with the operation of the wrecker he/she
is operating.
(7) Except as
provided in subsection
15B-9.003(14),
F.A.C., for Class C wreckers, wrecker operators who are called from the
rotation list shall not delegate or request assistance from another wrecker
operator to perform the services necessary to accomplish the recovery or
removal of vehicles in that class as defined pursuant to these rules. A wrecker
operator unable to perform the recovery or removal shall be rotated and the
next rotation wrecker on that list shall be called.
(8) The Department is not responsible for any
damage to a vehicle caused by the wrecker operator.
(9) Insurance.
(a) The wrecker operator shall maintain the
following policies of insurance according to the minimum limits set forth
below. Each policy shall be in the name of the wrecker operator and shall
include coverage for towing and storage. The policy shall be effective
throughout the period that the wrecker operator is qualified under these rules.
It is not the intent of this rule to limit the operator to the types of
insurance required herein.
1. Worker's
compensation and employer's liability insurance as required by
statute.
2. Garage liability
insurance in an amount not less than $300, 000 combined single limit
liability.
3. Garage keeper's legal
liability insurance in an amount not less than $50, 000 for each loss, covering
perils of fire and explosion; theft of a vehicle, its parts or contents; riot
and civil commotion; vandalism; malicious mischief; and damage to a vehicle in
tow.
4. The following minimum
levels of combined bodily injury liability insurance and property damage
liability insurance required by Section
627.7415, F.S., in addition to
any other insurance requirements as required by this rule.
a. Fifty thousand dollars ($50, 000) per
occurrence for a wrecker with a gross vehicle weight of less than 35, 000
pounds.
b. One hundred thousand
dollars ($100, 000) per occurrence for a wrecker with a gross vehicle weight of
35, 000 pounds or more, but less than 44, 000 pounds.
c. Three hundred thousand dollars ($300, 000)
per occurrence for a wrecker with a gross vehicle weight of 44, 000 pounds or
more.
(b) The
insurance coverage required shall include those classifications that are listed
in standard liability manuals, which most nearly reflect the operations of
wrecker operators.
(c) All
insurance policies required above shall be issued by companies authorized to do
business in the State of Florida.
(d) The wrecker operator shall furnish
certificates of insurance and a "Wrecker Insurance Statement of Compliance"
(HSMV form 60313) to the troop commander prior to approval for participation on
the rotation list, and thereafter thirty (30) days prior to the expiration
dates of the policies. The certificates shall clearly indicate that the wrecker
operator has obtained insurance of the type, amount and classifications
required for compliance with this rule and that no material change or
cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the Division. Upon failure of an approved wrecker operator to
provide proof of insurance, as required by this paragraph, the Division shall
provide notice to the wrecker operator pursuant to form HSMV 60311, of its
non-compliance.
Rulemaking Authority 321.051 FS. Law Implemented 321.051,
321.05(1) FS.
New 1-22-86, Formerly 15B-9.06, Amended
10-15-92.
