Current through Reg. 50, No. 187; September 24, 2024
(1) Violation of
any provision of these rules by a wrecker operator shall be grounds for denial
of inclusion on or removal or suspension from, the rotation list.
(2) Violations of the following offenses
shall result in a letter of warning from the division's district commander for
the first offense, 30 days suspension for a second offense within 3 years, and
removal for a third or subsequent offense within 5 years from the first
offense:
(a) Chasing or running wrecks in a
zone without proper call from the division.
(b) Solicitation.
(c) Failure to answer a call three times
within a calendar month.
(d)
Inability to properly operate the tow truck in the removal of disabled vehicles
or to remove a vehicle without causing additional damage.
(e) Any charge, demand, or request by a
wrecker operator of a rate which exceeds the maximum rate established by the
Division.
(3) Removal of
a wrecked, disabled or abandoned vehicle without investigation or clearance by
a proper law enforcement agency shall result in 30 days suspension for a first
offense and removal for a second or subsequent offense within 3
years.
(4) Lack of reputability of
a wrecker operator shall result in removal from the rotation wrecker list. For
the purpose of this rule, lack of reputability shall mean that the division
cannot trust the wrecker operator to safeguard the welfare and property of the
public. Lack of reputability shall include, but not be limited to, the
following:
(a) Conviction of any felony
without restoration of the person's civil rights.
(b) Conviction of any felony or first degree
misdemeanor directly related to the business of operating a wrecker, regardless
of whether civil rights have been restored. For the purpose of this rule, any
offense involving perjury or false statement shall be considered to be directly
related to the business of operating a wrecker.
(c) Responding to a call while under the
influence of alcohol or any controlled substance or chemical
substance.
(5) If a
wrecker unit is inspected and fails to meet the requirements of Rule
15B-9.005, F.A.C., the following
action shall be taken:
(a) The failed wrecker
unit shall be immediately suspended from the list by the division, pursuant to
"Notice of Emergency Suspension and Administrative Complaint (Inspection)",
form HSMV 60310, until such time as it passes inspection and is approved for
use. The operation of a non-qualified wrecker unit is declared to be an
immediate serious danger to the public health, safety or welfare requiring the
immediate suspension of the wrecker unit. The continued use of a suspended
wrecker unit shall constitute grounds for the emergency suspension of the
wrecker operator.
(b) In the event
this is the only wrecker unit maintained by the operator which has been
approved by the division for its class and zone of operation, the wrecker
operator shall be suspended immediately by the Division from the list in the
zone and for the class. The Division shall issue a "Notice of Emergency
Suspension and Administrative Complaint (Inspection)", form HSMV 60310 to
effect the suspension. The suspension shall continue until such time as the
wrecker successfully passes inspection and is approved for use, or the wrecker
operator is removed from the list for failure to pass inspection. The wrecker
operator must correct the deficiencies and request to have the wrecker unit
re-inspected within 30 days from the date of the suspension. If the wrecker
unit has not been re-inspected and approved within the 30 day period, the
wrecker operator shall be removed from the list.
(6) Insurance Coverage: If the wrecker
operator's insurance policy is canceled or not renewed according to the
requirements of Rule 15B-9.006, F.A.C.:
(a) The wrecker operator shall be immediately
suspended from the list by the division. Form HSMV 60309 "Notice of Emergency
Suspension and Administrative Complaint (Insurance)" shall be issued by the
Division. The use of a wrecker by a wrecker operator who does not maintain the
insurance coverage required by these rules is declared to be an immediate
serious danger to the public health, safety or welfare requiring the immediate
suspension of the wrecker operator.
(b) If the required insurance coverage is not
obtained and provided to the division on the Statement of Compliance form HSMV
60313 within 30 calendar days of the date of cancellation or expiration, the
wrecker operator shall be removed from the list.
(7) Once a wrecker operator has been
suspended for more than 30 days or removed from the list the wrecker operator
must make a new application for retention or inclusion on the list.
(8) Wrecker operators are responsible for
complying with any applicable federal, state, county or city laws, rules or
regulations regarding the removal, towing, recovery, storage and notification
of owners and lien holders. Wrecker operators shall maintain any local or state
license required for the operation of a wrecker service. If the required
license is not obtained and provided to the division within 30 days of the date
of cancellation or expiration, the wrecker operator shall be removed from the
list.
Rulemaking Authority 321.051, 120.60(8) FS. Law Implemented
321.051, 321.05(1) FS.
New 1-22-86, Formerly 15B-9.07, Amended
10-15-92.
