PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: The changes being proposed are to clean up existing WAC language and ensure Washington state tow standards are in line with national standards.
Citation of Existing Rules Affected by this Order: Amending chapter 204-91A WAC.
Statutory Authority for Adoption: RCW 46.37.005, 46.55.050, and 46.55.115.
Adopted under notice filed as WSR 09-05-083 on February 17, 2009.
Changes Other than Editing from Proposed to Adopted Version: Added "The class (B/E) tow trucks currently in-service with those tow operators holding a current letter of appointment issued by the patrol not meeting the criteria listed in this section will be allowed to remain on the rotation with that company."
Also added the word "tow" before business records in WAC 204-91A-040 (2)(a)(i) and (2)(a)(i)(B).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 17, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 21, 2009.
John R. Batiste
Chief
OTS-2177.2
AMENDATORY SECTION(Amending WSR 02-07-056, filed 3/15/02,
effective 4/15/02)
WAC 204-91A-010
Authority.
This chapter is adopted
pursuant to RCW 46.37.005, 46.55.050, and 46.55.115 ((which
require rules, regulations and equipment standards for tow
trucks be made and to provide for the removal from the highway
of disabled, abandoned, or damaged motor vehicles, or the
removal of vehicles when the driver is intoxicated or
otherwise incompetent)).
[Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-010, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-010, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-010, filed 6/23/89.]
All registered tow truck operators providing service as a
result of being appointed by, or contracted to the Washington
state patrol ((shall)) must conduct all operations in
accordance with all applicable laws of the state of Washington
and applicable rules of the Washington state patrol and the
department of licensing.
[Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-020, filed 6/23/89.]
(1) (("Patrol" means the Washington state patrol as
defined in RCW 43.43.010.
(2))) "Chief" means the chief of the Washington state
patrol ((or designee)).
(((3))) (2) "Department" means the Washington state
department of licensing.
(3) "Designee" means a person designated by the chief of the Washington state patrol.
(4) "Director" means the director of the department of licensing.
(5) (("Tow truck permit" means the permit issued annually
by the department that has the classification of service the
tow truck may provide stamped upon it.
(6) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles, or in the disposal of abandoned vehicles.
(7) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing or otherwise transporting other vehicles with specific equipment approved by the state patrol.
(8) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
(9) "Tow truck service" means the towing, moving, transporting, or impounding of vehicles, together with personal effects and cargo, by a registered tow truck operator utilizing equipment approved by the patrol.
(10) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(11) "Place of business" means a building which the registered tow truck operator occupies, either continuously or at regular times, where tow business books and records are kept and tow business is transacted in each assigned tow zone.
(12) "Vehicle storage area" means the approved yard/buildings (primary and secondary) where stored vehicles are kept. The storage areas and fencing will comply with the requirements as established by the department and all local zoning rules and regulations. Both primary and secondary storage areas must be physically located within tow zone assigned to the operator.
(13) "Special event" means any event which causes an unusually large number of impounded vehicles and/or tow calls in a short period of time and is so declared by the district commander or designee.
(14) "Special event storage area" means an area used for temporarily storing vehicles impounded/towed from special events. Approval for such areas shall be obtained from the department, the patrol, and appropriate city and county jurisdictions.
(15) "District commander" means the commanding officer of an area established by the Washington state patrol.
(16) "Inspector" means a commissioned officer of the Washington state patrol who has been designated as a tow truck inspector by the patrol.
(17) "Tow zone" means that specific geographical area designated by the district commander for the removal of vehicles as defined in Title 46 RCW and this chapter.
(18) "Section" means the section designated by the chief of the Washington state patrol to coordinate the tow truck inspection program, maintain tow truck files, and issue letters of appointment.
(19) "Letter of appointment" means a letter issued by the section that authorizes a registered tow truck operator to tow and store vehicles on a rotational or contractual basis, in a specific area, for the Washington state patrol. The letter of appointment must have an attached valid contractual agreement listing the maximum rates that will be charged by the operator for services provided as a result of state patrol originated calls.
(20) "Initial tow" means services provided including, but not limited to, accidents, incidents, disableds, and impound requests, as a result of an original call, on a particular vehicle, that the tow operator receives from the patrol using a copy of a current rotational call list for the particular zone. Any vehicles of combination oversized/weight requiring a permit, may only be moved to the nearest safe location agreed upon by all parties involved, until such time a permit is acquired or until the load can be made legal by reducing.
(21) "Secondary tow" means towing services from an operator's storage facility or place of business, to another location designated by the owner/agent of a vehicle that was initially towed as a result of call from the patrol.
(22) "Letter of contractual agreement" means the document, attached to the letter of appointment, that specifies the maximum tow rates that may be charged for services provided as a result of state patrol originated calls.
(23) "Owner/operator" means owner is active in the general management of the towing business.)) "District commander" means the commanding officer or designee of an area established by the Washington state patrol.
(6) "Emergent move" means a law enforcement directed movement of any vehicle by a tow truck, utilizing any safe means, for the purposes of clearing the roadway in the interest of safety and/or for the reduction of congestion. Emergent movement of any oversized or overweight vehicle(s) or combination of vehicles requiring a permit must only be made to the nearest safe location, until such time as a permit is acquired or until the load can be made legal by reducing the nonfixed load. Emergent movement of a vehicle is limited to a distance of five miles, unless an exception is granted by a patrol supervisor based on special circumstances.
(7) "Highway" means the entire width between the boundary lines of every highway publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(8) "Initial tow" means services provided including, but not limited to, collisions, incidents, disableds, and impound requests, as a result of an original call, on a particular vehicle, that the tow operator receives from the patrol using a copy of a current rotational call list for the particular zone.
(9) "Inspector" means a commissioned officer of the Washington state patrol who has been designated as a tow truck inspector by the patrol.
(10) "Letter of appointment" means a letter issued by the Washington state patrol that authorizes a registered tow truck operator to tow and store vehicles for the patrol on a rotational or contractual basis in a specified area.
(11) "Letter of contractual agreement" means the document, attached to the letter of appointment, that specifies the maximum tow rates that may be charged for services provided as a result of state patrol originated calls.
(12) "Owner/operator" means an owner who is active in the general management of the towing business.
(13) "Patrol" means the Washington state patrol as defined in RCW 43.43.010.
(14) "Place of business" means a building located in an assigned tow zone that the registered tow truck operator occupies, either continuously or at regular times, where tow business books and records are kept and tow business is transacted.
(15) "Registered tow truck operator" or "operator" means a person who engages in the impounding, transporting, or storage of unauthorized vehicles, or in the disposal of abandoned vehicles.
(16) "Secondary tow" means towing services from an operator's storage facility or place of business to another location designated by the owner/agent of a vehicle, when the initial towing services were the result of a call from the patrol.
(17) "Section" means the section designated by the chief of the Washington state patrol to coordinate the tow truck inspection program, maintain tow truck files, and issue letters of appointment.
(18) "Special event" means any event that causes an unusually large number of impounded vehicles and/or tow calls in a short period of time and which is declared as such by the district commander or designee.
(19) "Special event storage area" means an area used for temporarily storing vehicles impounded/towed from special events. Approval for such areas must be obtained from the department, the patrol, and appropriate city and county jurisdictions.
(20) "State recognized holiday" means a legal holiday as outlined under RCW 1.16.050.
(21) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing or otherwise transporting other vehicles with specific equipment approved by the patrol.
(22) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
(23) "Tow truck permit" means the permit issued annually by the department that has the classification of service that the tow truck may provide stamped upon it.
(24) "Tow truck service" means the towing, moving, transporting, or impounding of vehicles, together with personal effects and cargo, by a registered tow truck operator utilizing equipment approved by the patrol.
(25) "Tow zone" means that specific geographical area designated by the district commander for the removal of vehicles as defined in Title 46 RCW and this chapter.
(26) "Vehicle storage area" means the approved yard and buildings (primary and secondary) where stored vehicles are kept. The storage areas and fencing must comply with the requirements established by the department and all local zoning rules and regulations. Both primary and secondary storage areas must be physically located within the tow zone assigned to the operator.
[Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-030, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-030, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-030, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. 89-21-044, § 204-91A-030, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-030, filed 6/23/89.]
Once an application is received, the patrol must conduct an initial inspection of the applicant's place of business, facilities, and equipment.
(2) At the time of initial inspection:
(a) The applicant must:
(i) Provide written verification that the business complies with all applicable local laws and regulations in the geographical area where the towing business will be established.
(ii) If local zoning regulations apply, provide a copy of the certification of approval from the local zoning commission. This certificate will become a part of the permanent record maintained on each approved towing firm approved by the patrol.
(b) The inspector will:
(i) Verify the identities and status of driving privileges for all persons who operate tow trucks, and notify the applicant of any person who does not meet the minimum licensing requirements.
(ii) Determine if the applicant meets the applicable requirements of chapter 46.55 RCW, or Titles 308 or 204 WAC.
(A) If applicant meets the requirements, the inspector will provide certification.
(B) If the applicant does not meet the requirements, the inspector must state the reasons for failure to qualify in a separate report which must be returned to the applicant along with the application and inspection form. If the applicant is initially not certified, the applicant may request an additional inspection once all deficiencies are corrected.
[]
(a) After the initial inspection, inspections will be conducted at least once a year.
(b) Unscheduled inspections may be conducted without notice at the operator's place of business by an inspector to determine the fitness of tow trucks, facilities, and business records.
(2) ((If reinspection of a previously-approved tow truck
reveals equipment defects, one of the following procedures
shall apply:
(a) In the event of a safety-related defect which would render the tow truck a safety hazard upon the public highway, a red "out-of-service" sticker shall be affixed immediately by the inspector.
(b) In the event of missing or defective equipment that does not constitute a safety hazard but is required, the inspector shall advise the operator of the defect. If after ten days the operator fails or refuses to repair the defect, the red out-of-service sticker shall be affixed.
(c) Upon confirming the satisfactory repair of the defect or defects that caused the tow truck to be taken out of service, the inspector shall remove the red sticker. In the event that the original inspector is not available to reinspect the equipment, another patrol officer appointed by the appropriate supervisor may do so. The reinspection shall be completed as soon as possible after the operator advises the patrol that the defect has been repaired. Whenever practicable this shall be done within three days and may require the operator to bring the truck to the inspector.
(d) Upon sale or other transfer of a tow truck from the business, the operator shall so advise the inspector who will request the issued cab card permit be forwarded to the inspector via U.S. mail or other arrangement agreed upon by the parties involved, within three days of any changes. The operator will remove any decals indicating truck class, district and/or zone. The inspector will notify the department and the section of any changes in vehicles.
(e) Upon the purchase or acquisition of any additional or replacement tow truck(s) to be used pursuant to this chapter, the operator shall immediately notify the patrol and request an inspection of the new unit. The new unit shall not be used for public or private impound calls until satisfactory inspection is completed and a cab card permit and/or decals for the vehicle has been issued by the department and/or patrol.
(3) On original inspection, and subsequent reinspection, the inspector shall confirm the identities and status of driving privilege of all persons that operate the tow trucks. The inspector shall notify the operator if any person does not meet the minimum license requirements.
(a) In the event that an operator becomes aware that the driving privilege of an employee, or owner no longer meets the minimum requirements, the operator shall prohibit that person from operating any tow truck.
(b) An operator shall, within three days of employing a new driver, advise the inspector in writing, on a form provided by the inspector, of the identity, including name, address and date of birth, of the new employee. The check performed by the inspector is not to be used as part of the operator's preemployment screening processes. The inspector shall notify the operator if the new employee does not meet the minimum license requirements in a timely manner.
(c) An operator may not request a waiver for a new employee; the new employee must contact the inspector in writing to request a waiver.)) What will the inspection consist of? At the time of inspection:
(a) The operator must:
(i) Provide copies of tow business records by either:
(A) Permitting the patrol to make copies at their place of business.
(B) Permitting the patrol to remove tow business records for the purpose of reproduction provided that the patrol issues a receipt for any original records removed from the place of business.
(ii) Allow the inspectors to reinspect previously approved vehicles for equipment defects.
(iii) Provide current driver information to the inspector.
(b) The inspector must:
(i) Determine if the operator meets the applicable requirements of chapter 46.55 RCW, chapters 204-91A and 308-61 WAC.
(ii) Verify the identities and status of driving privilege of all persons that operate tow trucks, and notify the operator if any person does not meet the minimum license requirements.
(iii) Determine if there are equipment defects on the vehicle(s):
(A) The inspector will conduct equipment inspections per Commercial Vehicle Safety Alliance (CVSA) criteria as outlined in the Federal Motor Carrier Safety Regulations, chapters 204-91A WAC and 46.37 RCW.
(B) The inspector must document the inspection on the Uniform Driver/Vehicle Inspection report utilizing the appropriate Code of Federal Regulations, chapters 46.37 RCW and 204-91A WAC.
(C) If safety-related equipment violations exist which would render the tow truck unsafe for tow operation or constitute a safety hazard upon the public highway, the inspector will place the vehicle out-of-service and notify the operator the vehicle may not be operated until compliance has been met. The operator must repair the violation immediately and certify compliance in writing within fifteen days or remove the vehicle from tow operation.
(D) If violations of equipment or other required items exist, the inspector will notify the operator of the violation(s), and note the violations on the inspection report. The operator must correct the violations and certify compliance in writing within fifteen days.
(c) Whenever practical the patrol will complete a reinspection within three days or as soon as possible after the operator advises the patrol. The patrol may:
(i) Choose to reinspect the vehicle, if it is placed out-of-service.
(ii) Require the operator to bring the truck to the inspector.
(iii) Appoint another patrol officer to reinspect the vehicle(s), if the original inspector is not available. Such appointment must be made by the appropriate patrol supervisor.
[Statutory Authority: RCW 46.37.005 and 46.55.115. 07-02-025A, § 204-91A-040, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-040, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-040, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-040, filed 6/23/89.]
(1) The towing operation of the applicant meets the requirements and qualification standards established by chapter 46.55 RCW, chapters 204-91A and 308-61 WAC, the department of licensing, master licensing services, and the patrol; or
(2) The towing operation of the applicant does not meet the requirements and qualification standards established by the Revised Code of Washington 46.55, Washington Administrative Codes 204-91A and 308-61, the department of licensing, master licensing services, and the patrol. The inspector shall state the reasons for failure to qualify in a separate report which shall be attached to the application/inspection form.
In the event the applicant fails to meet the established requirements for approval, the applicant may, after correcting all deficiencies, request a reinspection for certification.)) (1) Drivers:
(a) If an operator becomes aware that the driving privileges of any tow truck driver no longer meet the minimum licensing requirements, the operator must prohibit that person from operating any tow truck.
(b) If an operator employs a new driver:
(i) The operator must notify the inspector in writing within three days of employing the new driver using the form provided by the inspector.
(ii) The inspector will notify the operator, in a timely manner, if the new employee does not meet the minimum licensing requirements, or the requirements established by chapter 204-91A WAC.
(iii) The operator must not use the check performed by the inspector as part of the preemployment screening processes for a new employee. The new employee must contact the inspector in writing to request a waiver.
(2) Vehicles:
(a) If a tow truck is sold or transferred from the business, within three days, the operator must:
(i) Advise the inspector.
(ii) Send the issued cab card permit to the inspector via U.S. mail or another method agreed upon by the parties.
(iii) Remove any decals indicating truck class, company name, district, and tow zone. Once notification is made, the inspector will notify the department and the patrol.
(b) If a tow truck is purchased or acquired, the operator must immediately notify the patrol and request an inspection. The patrol must complete an inspection and issue either a cab card permit, or decal or both before the new tow truck is used for impound calls.
(c) Tow trucks newly acquired or purchased must meet the current equipment criteria listed in chapter 204-91A WAC.
[Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-050, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-050, filed 6/23/89.]
(1) Who must complete the application?
| Type of business | Who must complete the application |
| Tow company | Operator/owner |
| Partnership | Each partner |
| Corporation | The patrol may require each of the present and subsequent officers, managers, and stakeholders holding 10% or more of the total issued stock. |
(a) In order to be issued a letter of appointment, the applicant(s) must:
(i) Fill out the application form provided by the patrol.
(ii) Demonstrate through a letter with the application that they have two years of experience within the towing industry, including which of the following requirement(s) apply:
(A) He or she has been a registered tow truck operator for a minimum of two years prior to the date of application with at least one approved "A" or "B" class tow truck, additional trucks are optional; or
(B) He or she has worked as an employee of a tow company on the state patrol's rotational tow list and gained experience within the towing industry including, but not limited to, the operation of vehicles, complying with the state and federal standards and regulations, and processing of paperwork for auditing and other purposes; or
(C) He or she will keep in place the existing management
team/employees for a minimum of one year upon purchasing the
business. ((The owner/operator shall submit a letter with the
application outlining their experience within the towing
industry and outline which requirement listed above fits their
situation.))
(iii) Be granted a waiver, if the owner/operator
((doesn't)) does not have the required two years experience
((and is granted a waiver, it will be a probationary waiver)).
If the owner/operator is granted a waiver, they will remain on
probation for a period of one year from the date of the
waiver.
((Note:)) (iv) Attach to the application a signed "letter
of contractual agreement" listing the maximum tow rates to be
charged for services resulting from state patrol originated
calls.
(v) An exception may be made if an operator desires a letter of appointment for class "C" tows only. In such situations, only a class "C" truck is required.
(vi) Upon request, the ((section shall)) patrol will
advise the applicant of the contents of the department's
regulations and of the standards established for the issuance
of a letter of appointment.
(((2) An application for a letter of appointment to
provide towing service for the patrol shall be filed by the
applicant with the local state patrol district office on a
form prescribed by the patrol. The state patrol may refuse to
approve or may revoke a letter of appointment/contract if the
applicant, partner, corporate officer involved in day-to-day
operations, or any employee who operates a tow truck or
assists in vehicle auctions has been found guilty of or
convicted of any felony or any crime involving moral turpitude
regardless of type or class, or any individual who must
register as or is a convicted sex offender, or within the last
three years been convicted or found guilty of driving under
the influence of alcohol and/or drug(s), or within the last
five years have been found guilty of driving under the
influence of alcohol and/or drugs two or more times as defined
in the criminal code as they existed at the time of the
violation, as they now exist or may later be amended in the
state of Washington. In the case of a partnership, each
partner shall apply on the form prescribed. In the case of a
corporation, the patrol may require that each of the present
and any subsequent officers, managers, and stockholders
holding ten percent or more of the total issued and
outstanding stock of the applicant corporation complete an
application form. A signed "letter of contractual agreement"
listing the maximum tow rates to be charged for services
resulting from state patrol originated calls will be attached
to the application.
(3))) (b) The district office must:
(i) Complete the tow zone portion of the application form. The district commander or designee will enter "approved" or "disapproved" next to the zone designation and sign the form; and
(ii) Forward the application and letter of contractual agreement to the section.
(c) The patrol will assign the application a docket number which will be its permanent identification number for all matters relating to appointments, granted or denied, and any other correspondence with the patrol thereafter.
(3) When will an application be denied?
(a) The patrol may refuse to issue or may revoke a letter of appointment or contract if the applicant, partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations:
(i) Has been convicted of any class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the date of conviction;
(ii) Has been convicted of any class B felony within the last ten years;
(iii) Has been convicted of any class C felony within the last five years;
(iv) Has been convicted of DUI, as defined in chapter 46.61 RCW, two or more times within the last five years;
(v) Has been convicted of any gross misdemeanor within the last three years;
(vi) Has been convicted of any misdemeanor within the last year; or
(vii) Must register as a sex offender.
(b) The term "conviction" as used in this section will have the same meaning as used in RCW 9.94A.030.
(c) Crimes referenced in this section are as defined in the criminal code as they existed at the time of the violation, as they now exist or may later be amended in the state of Washington. Out- of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.
(4) If an application is denied, when can a new
application be submitted? Only one application per year to
tow on the Washington state patrol rotational tow list will be
accepted and considered for an applicant who has had their
previous application denied or had their letter((/)) or
contract of appointment revoked. The year ((shall)) will run
from the date of application denial or the date of the letter
of appointment's revocation.
(((4) The district commander or designee shall complete
tow zone portion of the form. He/she will enter "approved" or
"disapproved" and will sign the form next to the zone
designation. The application and "letter of contractual
agreement" will be forwarded to the section.
(5) The application form will be assigned a docket number, by the section, which shall be its permanent identification number for all matters relating to appointments, granted or denied, and any other correspondence with the section thereafter.
(6) The filing of an application for a letter of appointment does not in itself authorize the operator to provide towing services pursuant to this chapter until a letter of appointment has been issued by the section. However, nothing herein shall prohibit the patrol from calling the towing business upon the specific request of a person responsible for a vehicle or his agent.))
[Statutory Authority: RCW 46.37.005 and 46.55.115. 07-02-025A, § 204-91A-060, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-060, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-060, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. 97-08-021, § 204-91A-060, filed 3/25/97, effective 4/25/97; 94-18-083, § 204-91A-060, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. 89-21-044, § 204-91A-060, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-060, filed 6/23/89.]
(2) The section commander shall have the authority to issue letters of appointment upon request after receiving)). In order to issue a letter of appointment the section commander must receive:
(a) Certification from the inspector((,));
(b) An application for a letter of appointment endorsed
by the district commander((,)); and
(c) A notice from the department that the requestor has been licensed as a registered tow truck operator.
(2) The patrol will notify the requestor of its decision in writing.
(a) If all requirements are met, the request will be approved and the patrol will issue a letter of appointment, and the tow company will be admitted to the patrol's call list for the appropriate tow zone on the effective date of the letter.
(b) If ((the section shall find the requestor does not or
will not meet)) all requirements are not met, and the
requestor is not qualified for a waiver of the requirements,
then such request ((shall)) will be denied. ((The section
shall notify the requestor of its decision in writing, stating
the reasons. If the request is approved, the section
commander will issue the letter of appointment and forward it
to the tow operator. The tow company will be admitted to the
patrol's call list for the appropriate tow zone on the
effective date of the letter.))
(c) If the district commander recommends denial of a
request ((for a letter of appointment)), the ((section
commander shall)) patrol will notify the applicant and provide
an opportunity for the applicant to have a hearing as provided
in chapter 34.05 RCW.
(3) A letter of appointment will be valid for one business, in a single tow zone, assigned by the district commander. Requests for additional letters of appointment in the same or another zone must be based on a complete and separate place of business capable of independent operation within the appropriate zone.
(((a))) To receive a letter of appointment, each business
must:
(a) Be operated independently. One company cannot be dependent upon another for any required operation.
(b) If an individual, partnership, corporation, or other
business entity owns more than one business, each business
must have a different identifiable name, address, and
telephone number, which are answered at the business location
during normal business hours. There may, however, be a
central dispatch center for multiple companies. ((At a
minimum, the)) This dispatch center must be capable of
acknowledging each individual company when answering each
call.
(c) Have on both sides of the truck a different
identifiable name, city of address (even if included in the
name of the company), registered tow truck operator license
number, and truck number as assigned by the department((, must
be located on both sides of the truck)). All required
information must be plainly seen and able to be read at all
times. All other required markings must also be located where
they can be plainly seen and able to be read at all times and
be of the size outlined in WAC 308-61-115(1). Companies must
comply by December 31, 2007.
| (( |
A different identifiable name may include the parent company name but must also have an additional name to identify and separate that company. Example: Joe's Towing and Joe's Towing South. Joe's Towing I and Joe's Towing II. |
(((d) There must be)) (e) Have adequate equipment for
each company to operate independently. Tow trucks must only
be used for the company for which they are registered and
within the zone approved/assigned for use in, unless
specifically requested by law enforcement. All trucks must be
clearly marked with the company's identity as outlined in (b)
of this subsection.
(((e) Separate businesses in the same tow zone may be
housed in one building; however, there must be a solid wall
from floor to ceiling physically separating each business.
Each business must))
(f) Have its own outside entrance, or when the building
has one main entrance, the offices must have doors clearly
marking and separating each business (not acceptable to walk
in the main door and be hit with a counter or one office for
the multiple tow companies housed in the building), with a
sign at the front door and a sign plainly visible from the
street indicating the company's name, phone number, and office
hours. ((Companies currently not meeting these standards will
have twelve months from July 1, 2004, to comply.
(f) Each business must)) Separate businesses in the same tow zone may be housed in one building; however, there must be a solid wall from floor to ceiling physically separating each business.
(g) Maintain their own set of required records and books as outlined in RCW 46.55.150 including, but not limited to, a master log, vehicle transaction file, and billing invoices at its place of business. If there is a corporate accountant/bookkeeper for more than one company, all records and/or files for each company, other than those records, which are required to be maintained at the business location, must be maintained separately.
(((g))) (h) Have impound/storage areas ((must meet))
meeting the requirements of WAC 308-61-026(2) at all times,
including proper segregation. All storage areas, primary and
secondary for each place of business must be in the tow zone
assigned to that place of business.
(i) Maintain at least one truck meeting the minimum class "A," "B," or "C" standards as listed in WAC 204-91A-170.
((All registered tow truck operators providing service to
WSP must be in compliance with these requirements. Failure to
comply will result in the cancellation of your letter of
appointment to tow on the patrol's rotational tow list.))
(4) A tow operator (or a district commander) may petition the section in writing for a waiver of one or more requirements. The section may grant a waiver if it finds that:
(a) The towing service available to the patrol without the waiver is inadequate to meet the needs of the public;
(b) The request is otherwise reasonable; and
(c) The request has the district commander's approval.
In the event a qualified tow operator meeting all requirements and qualifications receives a letter of appointment in the same zone as a tow operator that had earlier been granted a waiver, the tow operator with a waiver will have the letter of appointment rescinded by the section and after notification will not be called for patrol-initiated tows.
(5) Every letter of appointment ((shall)) will be issued
in the name of the applicant and the holder thereof ((shall))
must not allow any other person or business to use the letter
of appointment.
(6) The letter of appointment will only be valid for the place of business named on the application and will not apply to any other place of business.
(7) A letter of appointment ((shall)) will be valid until
suspended, superseded, or revoked by the ((section)) patrol.
(8) ((The holder of each letter of appointment must
maintain at least one tow truck meeting the minimum class "A,"
"B," or "C" standards as listed in WAC 204-91A-170.
(9))) All storage areas, primary and secondary, for each place of business must be in the tow zone assigned to that place of business.
[Statutory Authority: RCW 46.37.005 and 46.55.115. 07-02-025A, § 204-91A-070, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-070, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-070, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. 89-21-044, § 204-91A-070, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-070, filed 6/23/89.]
(1) Upon receiving evidence that any appointee has failed
to comply or no longer complies with any requirement or
provision of law or this chapter((, the section may deny,
suspend, or revoke the letter of appointment)). The following
process must be used:
(a) The patrol must give the appointee ((shall be given))
notice of the action and an opportunity to be heard as
prescribed in chapter 34.05 RCW, prior to denial, suspension,
or revocation of the letter of appointment.
(((a))) (b) Upon receiving notice of the action, the
appointee may ((request)), within twenty days from the date of
the notice of action, request in writing to the section
commander a hearing on the denial, suspension or revocation of
the letter of appointment. ((Such request must be made in
writing within twenty days from the date of the notice.)) An
adjudicative proceeding will be commenced within ninety days
of the receipt of a hearing request. Failure to request a
hearing, or failure to appear at a requested hearing, a
prehearing conference, or any other stage of an adjudicative
proceeding, ((shall)) will constitute default and may result
in the entry of a final order under RCW 34.05.440.
(((b))) (c) Upon receiving a hearing request, the section
may, at the request of the appointee, or on its own
initiative, schedule an informal settlement conference which
((shall)) will be without prejudice to the rights of the
parties. The informal settlement conference will be held in
the district where the company resides at a mutually agreed
upon time and may result in a settlement agreement. If no
agreement is reached, a hearing will be scheduled as outlined
in chapter 34.05 RCW.
(((c) The holder of a letter of appointment may
voluntarily relinquish the letter. The section and the
district commander will be advised in writing of this
voluntary relinquishment. After receiving written notice, the
district commander will cause the inspector to physically
obtain the original letter of appointment and forward it to
the section.))
(2) ((The section may summarily suspend a letter of
appointment)) Without prior notification if it finds that
there is danger to the public health, safety, or welfare which
requires immediate action. In every summary suspension of a
letter of appointment, ((the section shall enter)) an
order((,)) signed by the chief or designee must be entered,
((which is)) in compliance with the provisions of RCW 34.05.479. Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action shall be promptly
instituted and determined. The ((section shall)) patrol must
give notice as is practicable to the appointee.
(3) ((A tow company may be immediately removed from the
state patrol's rotational tow list for the following - revocation or cancellation of their registered tow truck
operator license by the department or cancellation of the tow
company's insurance certificate or bond.)) Immediately if the
department revokes or cancels the registered tow truck
operator license or if the tow company's insurance
certification bond is canceled.
(4) If the holder of a letter of appointment voluntarily relinquishes the letter, the inspector and the district commander will be advised in writing of this voluntary relinquishment. After receiving written notice, the district commander will instruct the inspector to obtain the original letter of appointment. If the owner/operator requests reissuance of a letter of appointment, the patrol may require a new application. Additionally, if applicable, all new equipment exempted under the previous letter of appointment must meet current requirements outlined in WAC and RCW.
(5) If violations of the terms and conditions of the letter of appointment that are subject to suspension for the first violation are categorized as major violations any subsequent or continuing major violation may be cause for termination unless the patrol imposes additional suspensions for longer periods, if deemed appropriate.
(a) When considering punitive action for a major violation of the letter of appointment, the district commander may take into consideration all major and minor violations that occurred within thirty-six months prior to the date of the current violation.
(b) Terms of disciplinary action - minor violations of the terms and conditions of the LOA may be cause for disciplinary action in the following manner:
(i) First violation within a twelve-month period - letter of written reprimand;
(ii) Second violation within a twelve-month period - thirty day suspension;
(iii) Third violation within a twelve-month period - sixty - ninety day suspension;
(iv) Fourth violation within a twelve-month period - termination of the letter or appointment.
[Statutory Authority: RCW 46.37.005 and 46.55.115. 07-02-025A, § 204-91A-080, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-080, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-080, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-080, filed 6/23/89.]
(1) The presiding officer ((shall)) will conduct the
hearing and any prehearing conference(s).
(2) The burden of proof in any hearing ((before the chief
shall)) will be on the applicant seeking a letter of
appointment, or the person or agency seeking the suspension or
revocation of a letter of appointment, or other action by the
chief or designee. The chief or designee, after having heard
and considered all pertinent evidence, or if the hearing is
conducted by an administrative law judge, after having
considered a record of a hearing conducted by an
administrative law judge duly appointed pursuant to chapter 34.12 RCW, ((shall)) will make written findings of facts and
conclusions based on evidence presented.
(3) Oral proceedings ((shall)) must be recorded ((on
tape)) by a method chosen by the patrol and such ((tape
shall)) recording will become part of the hearing record.
(((4) This section is intended to supplement the
procedures contained in the Administrative Procedure Act,
chapter 34.05 RCW, the model rules of procedure, chapter 446-08 WAC, and chapter 10-08 WAC.))
[Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-090, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-090, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-090, filed 6/23/89.]
(((1) Those complaints investigated by the patrol will be
reviewed by the section commander before forwarding to the
department.))
(2) The patrol ((shall)) will investigate all complaints
involving equipment deficiencies ((of equipment)).
(3) Complaints investigated by the patrol will be reviewed by the chief or designee before forwarding to the department.
(4) A complete copy of all complaints investigated by the
patrol will be kept on file ((by the section)).
[Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-110, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-110, filed 6/23/89.]
(((1))) (2) The owner/operator must have personnel at the
place of business during business hours to answer phone calls
and to release vehicles and personal property. Persons from
adjoining or neighboring businesses may not be used to meet
this requirement. Phones may not be forwarded to an answering
service during normal business hours.
(3) When an operator is not open for business and does
not have personnel present at the place of business, the
operator must post a clearly visible telephone number at the
business location ((for the purpose of advising)) to advise
the public how to make contact for the release of vehicles or
personal property.
((The owner/operator will have personnel at the place of
business during business hours to answer phone calls and to
release vehicles and/or personal property. Persons from
adjoining businesses or neighboring businesses may not be used
to meet this requirement. Phones may not be forwarded to an
answering service during normal business hours, with the
exception of the lunch hour. Lunch hours will be posted and
will be consistent on a monthly basis.
(2))) (4) The owner/operator must maintain personnel who
can be contacted twenty-four hours a day to release impounded
vehicles within a ((thirty)) sixty-minute period of time. The
personnel must be identifiable as representing the company.
(((3))) (5) All billing invoices ((shall)) must be
numbered and ((shall)) must contain the following information:
(a) Date of service and tow truck operator's name.
(b) Time of departure in response to the call.
(c) Time service completed.
(d) Class of tow truck.
(e) If the towing call is for a Washington state patrol request, another police agency, a private impound, or the result of a private citizen request.
(f) All fees for service ((shall)) must be itemized.
(g) The date and time the vehicle was released.
((Note:)) (6) Yard cards containing the ((above))
information in subsection (5) of this section may be used for
internal control of vehicles by the operator until the vehicle
is released, sold, or otherwise disposed of. Yard cards
((shall be)) are supplemental to, and ((shall)) do not replace
the invoice required above.
(7) A copy of the invoice ((shall)) must be filed by
invoice number at the business location and a copy of any
voided invoice ((shall)) must be retained in this same file. Another copy of the invoice ((shall)) must be included with
the transaction file items identified in RCW 46.55.150.
[Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-120, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-120, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.61.567. 89-21-044, § 204-91A-120, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-120, filed 6/23/89.]
The vehicle ((and)) contents ((within)), less items
listed in WAC and RCW, and personal property not picked up
prior to the vehicle going to auction((, stays)) must remain
with the vehicle((. Personal property will be sold with the
vehicle at auction, unless arrangements with the
legal/registered owner are made for pickup of items. The
items)) and may not be kept by the operator or sold at auction
to fulfill a lien against the vehicle.
(1) The items of personal property ((which)) that the
state patrol will not accept in response to RCW 46.55.090
include but are not limited to the following:
(a) Tire chains;
(b) Spare tire((/)) and wheels;
(c) Used auto parts and((/or)) accessories;
(d) Seat covers;
(e) Fuel containers;
(f) Jacks((,)) and lug wrenches;
(g) Radios, stereos, and other items attached to the
vehicle by bolts, screws, or some other manner ((which)) that
incorporates them to the vehicle ((shall)). These items must
remain with the vehicle;
(h) Refuse, trash, garbage, open or empty alcohol containers and perishable items;
(i) ((Trash;
(j) Garbage;
(k) Open alcohol containers;
(l))) Soiled or mildewed items, including clothing,
shoes, blankets, and tarps((, etc.,)) having no actual value;
(((m))) (j) Miscellaneous unofficial papers and other
items having no actual value.
(2) Items ((which)) that must be turned over to the
patrol within forty-eight hours and inventoried include, but
are not limited to:
(a) Money;
(b) Wallets ((or)) and purses;
(c) Bank ((or)) and check books;
(d) Bank ((or)) and credit cards;
(e) Official identification cards, operator's license((,
or)) and passports;
(f) Jewelry ((items));
(g) Firearms and any type weapon;
(h) Contraband ((and/or)) including controlled
substances;
(i) Stocks, bonds, money orders, bank certificates,
travelers checks, postage stamps, and food stamps((, etc.));
(j) Other items of obvious value.
(3) The tow operator ((shall)) must not remove or damage
any vehicle parts permanently affixed to the vehicle, i.e.,
trunk locks or door locks. The tow operator must allow the
registered owner or driver of a vehicle to remove specialized
hand controls, provided that their removal does not damage the
vehicle.
(4) If a vehicle is equipped with an ignition interlock system as outlined in RCW 46.20.720, the tow operator must contact the ignition interlock company through the phone number provided on the ignition interlock label within forty-eight hours to inform them that the vehicle has been impounded. The ignition interlock system must be removed by a qualified technician and released to the installing company, at no charge and upon proof of ownership, prior to the auction of the vehicle. The removal of the ignition interlock system must not render the vehicle inoperable.
(5) After the certified sale letter has been mailed, the tow operator may dispose of any perishable items or items that may rot, decay, or otherwise cause substantial odor within the interior of the vehicle.
[Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-130, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-130, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-130, filed 6/23/89.]
The tow inspector will investigate allegations of overcharging. Intentional overcharging or a pattern of overcharging will be cause for suspension. The suspension will remain in effect until the tow operator has presented to the patrol sufficient proof that the aggrieved customer(s) has been fully reimbursed.
(2) The chief ((of the state patrol shall)) or designee
will, prior to October 15th of each year, establish maximum
hourly towing rates for each class of tow truck and maximum
daily storage rates that tow operators may charge for services
performed as a result of state patrol calls. The maximum
rates ((shall)) will be determined after ((consulting))
consultation with members of the towing industry, review of
current private towing rates, and such other economic factors
as the chief ((may)) deems appropriate.
When signed by the chief (((or his/her designee))) or
designee and the tow operator, a contractual agreement to
charge no more than the maximum rates ((shall)) will become
part of the operator's letter of appointment. The tow
operator may, however, adopt a rate schedule charging less
than the maximum rates established by the chief.
The hourly rate ((shall)) must:
(a) Be the only basis used by the tow operator to compute total charges for towing services.
(b) Apply when ((the)) a call for a tow is made by the
state patrol, including, but not limited to, collisions and
impound requests.
(c) Include all ancillary activities ((such as))
including, but not limited to, removal of glass ((and)),
debris, and vehicle fluids less than one gallon from the
roadway and any other area referred to as the "scene or
incident," necessary winching, dolly service, drive line
removal, ((installing)) installation of chains on the tow
truck, installation of portable lights, vehicle hookup for
towing or transporting, tire replacement (((on vehicle to be
towed))) and standby time. ((Tow companies)) Before leaving
any collision or incident, the tow company must advise the
department of transportation ((and/or)), the patrol or local
road department of all fluid spills ((before leaving the scene
that they will not clean up. Tow companies must document and
file information in the vehicle transaction file)) greater
than one gallon.
(d) ((Be considered to)) Include the labor of one person
per truck. When responding with a class "C" or a S-1 rotator
truck to a major collision((s and)) or incident((s)), a second
person is allowed at the hourly labor rate per contract for an
extra RTO employee. Any charges for additional labor
((and/))or ancillary vehicles (((trailers, pickups, etc.))),
or both, or for removing debris, cargo, ((etc.,)) or other
items must have prior authorization from the legal or
registered owner/agent, or a member of the patrol at the
scene.
(e) Be computed from the actual time the truck departs in
response to a call until the truck returns to its normal
area/zone, responds to another call, or the tow yard. The
hourly rate ((shall)) must be applied to the resulting net
time and, after the first hour, ((shall)) must be rounded to
the nearest fifteen minutes. The operator may charge the
hourly rate for the first hour or any portion thereof. After
the first hour, no more than one-quarter of the hourly rate
may be charged for each fifteen minutes of tow or service work
performed.
(f) Be evenly divided between vehicles transported when class "E" trucks are used for multiple towing/recovery (one on bed, one in tow) from the same location.
(3) The basic storage fee: (((Vehicles shall be measured
bumper to bumper; trailers shall be measured tongue to
bumper.)))
(a) ((Shall)) Must be calculated using bumper to bumper
measurements for vehicles, and using tongue to bumper
measurements for trailers; and
(b) Must be calculated on a twenty-four-hour basis
((clock)) and ((shall)) must be charged to the nearest half
day from the time the vehicle ((arrived)) arrives at the
secure storage area. Vehicles stored over twelve hours on any
given day within the twenty-four-hour ((clock shall
constitute)) period may be charged a full day's storage. Vehicles stored ((for)) less than twelve hours on any ((give))
given day, ((shall)) may only be charged for twelve hours of
storage; and
(((b) Shall)) (c) Must be the same for all three and
four-wheel vehicles twenty feet or less in length; and
(((c))) (d) For vehicles or combinations exceeding twenty
feet, the storage fee ((shall)) must be computed by
multiplying each twenty feet of vehicle length, or any portion
thereof, by the basic storage fee; and
(((d) Two-wheel)) (e) For motorcycles ((shall be
one-half)), operators may charge the basic storage fee for
((three and four-wheel)) vehicles.
(4) After hours release fee. ((If an operator or
employee is already present, for other reasons, at the storage
facility after business hours when a customer arrives, the
vehicle and/or property shall be released as if it were during
business hours. No "after hours fee" may be assessed.)) After
hour fees must:
(a) Be based on a flat, hourly rate;
(b) Be applied to the resulting net time and, after the first hour, must be rounded to the nearest fifteen minutes;
(c) Be no more than one-half of the class "A" rate; and
(d) Apply on any weekday after 5 p.m. and before 8 a.m.;
Saturday or Sunday; and state recognized holidays. If the
operator or employee is called to the place of business
specifically for the purpose of releasing the vehicle and/or
property, an "after hours fee," ((equivalent to one-half of
the maximum Class "A" hourly rate,)) may be assessed.
(5)(a) Any tow operator who charges the general public
(i.e., private citizens) rates lower than those identified in
the contractual agreement for the following services ((listed
below shall)) must charge the same lower rate for similar
services performed as a result of ((state)) patrol
((originated)) initiated calls((.)):
(((a))) (i) Roadside mechanical service, including, but
are not limited to, fuel transfer, tire and belt changes((,
etc.));
(((b))) (ii) Disabled vehicle tow/transportation;
(((c))) (iii) Storage;
(((d))) (iv) After hours release fees.
((Any such)) (b) The price requirement ((shall not be
imposed for)) in subsection (a)(i) through (iii) of this
section does not apply to unoccupied vehicle situations in
which the owner/operator has had no prior contact with either
the state patrol or the tow operator.
(6) Upon redemption of a vehicle, an additional charge may not be assessed for moving or relocating any stored vehicle from inside a tow operator's storage yard to the front of the business establishment.
[Statutory Authority: RCW 46.37.005 and 46.55.115. 07-02-025A, § 204-91A-140, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-140, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-140, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. 97-08-021, § 204-91A-140, filed 3/25/97, effective 4/25/97. Statutory Authority: RCW 46.61.567. 89-21-044, § 204-91A-140, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-140, filed 6/23/89.]
(1) If the vehicle does not constitute an obstruction to traffic and the owner/operator of the vehicle is present at the scene and appears competent to determine disposition of the vehicle, the owner/operator may, upon request, make his own arrangements for removal. This does not affect rotational positions.
(2) If the vehicle is to be removed from the scene, the owner/operator of the vehicle may make a specific request for a particular tow operator. The request will be honored by the officer of the patrol if the requested tow operator is reasonably available and the request is otherwise reasonable in view of the circumstances at the scene. This does not affect rotational positions.
(3) When the owner/operator of the vehicle makes no
specific request, or when the owner/operator is incapacitated
or is unavailable, the officer of the patrol ((shall)) will,
when practicable, obtain towing services by notifying the
radio communications center and requesting tow service at that
location.
(4) The chief ((shall)) or designee will specify that tow
services obtained by the patrol will be on a contractual,
rotational, or other basis in specific geographical areas in
the state.
(5) For the purposes of rotational or contractual tow
requests, an approved tow truck ((shall)) must be used only in
the tow zone designated by the district commander. The patrol
may, when tow service is not reasonably available within a
given zone, obtain service from an adjacent zone.
(6) The patrol may adopt rules that will allow approved towing firms to establish their own central dispatch centers to dispatch tow trucks at the request of the patrol in selected geographical areas of the state.
(a) These dispatch centers will be the responsibility of those member towing firms that utilize this type of service, and must dispatch the specific company requested.
(b) The patrol communications center will advise the
towing dispatch center of the approximate location, ((zone
number, class of tow truck(s), and)) number of tow trucks
needed ((at the location)), number of occupants, make, model
and color of the vehicle, if available, and the reason for the
call. The towing dispatch center will be responsible for
dispatching the participating firm's tow trucks.
(c) Permanent records of all tow trucks dispatched at the request of the patrol will be maintained by the towing dispatch center for a period of three years.
(7) Tow operators responding to calls from the patrol must be capable of transporting one occupant. In those instances where the occupant is argumentative, disabled, or otherwise incapable of riding in a tow truck, the patrol will provide or obtain alternative transportation.
[Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-150, filed 6/23/89.]
[Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-160, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-160, filed 6/23/89.]
((Note:)) Equipment standards will be effective one year
from the date of adoption.
(1) Minimum standards:
(a) All equipment used in conjunction with the tow truck
winching system ((shall have a working load limit at least
twenty-five percent more than the working load limit of the
wire rope or equivalent material being used)) must be used in
such a way as not to exceed the equipment working load limit. All equipment ((shall)) must comply with the Washington safety
and health administration (WSHA) regulation if applicable.
((Note:)) Industry standards set the working load limit
of wire rope or equivalent material at ((1/5)) one-fifth of
((its)) the manufacturer's rated nominal or breaking strength.
(b) Each wire rope or equivalent material ((shall)) must
be capable of being fully extended from and fully wound onto
its drum. Each wire rope or equivalent material ((shall))
must meet the industry standards for specified type of use
with equipment.
((Note:)) OSHA (1410.179 (h)(2iiia)) requires no less
than two wraps of rope remain on drum when rope is "fully
extended." This is to ensure the full load never bears on the
rope to drum connection.
(c) ((All wire rope or equivalent material meeting
industry standards for specified type of use with equipment
shall be 6 X 19 or 6 X 37 classification graded "extra
improved plow steel" (XIP).
| |
(i) The operator must retain a receipt of purchase from the manufacturer indicating the type and WLL of wire rope, and document the type and date the wire rope was installed on each vehicle.
(ii) Class "A," "D," and "E" trucks may utilize either IWRC or fiber core wire rope.
(d) All wire rope ((shall)) must be in good working
order. The following industry standards for out-of-service
criteria ((shall)) will apply:
(i) No more than six randomly distributed broken wires in one rope lay, or more than three broken wires in one strand in one rope lay.
(ii) Excessive abrasion causing the loss of more than one-third the original diameter of an outside individual wire.
(iii) Evidence of rope deterioration from corrosion.
(iv) Kinking, crushing, or other damage that results in detrimental distortion of the rope structure.
(v) Any evidence of heat damage.
(vi) Any marked reduction in diameter either along the entire main length or in one section.
(vii) Unlaying or opening up of a tucked splice.
(viii) Core protrusion along the entire length.
(ix) End attachments that are cracked, deformed, worn, or loosened.
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(xi) More than one broken wire in the vicinity of fittings.
(e) Wire rope end connections shall be swaged or, if
clamped, ((shall)) must have a minimum of three forged clamps
spaced a minimum of six rope diameters apart and attached with
the base or saddle of the clamp against the longer or "live"
end of the cable. The "U" bolt will be placed over the short
or "dead" end of the rope and will be of the proper size for
the cable being clamped.
((Note:)) (i) Recovery or tow hooks must be installed,
maintained, and used in the manner in which the manufacturer
prescribes.
(ii) Recovery or tow hooks must be replaced if the throat opening has increased beyond the manufacturer recommendations, the load bearing point has been worn by ten percent, or the hook is twisted by more than ten degrees.
(iii) Wire rope clamps must be installed and torqued per manufacturer specifications.
(f) All wire rope related equipment, sheaves, etc., must conform to the diameter of the wire rope being used or to the original tow truck equipment manufacturer specifications.
(g) All winching equipment, booms, snatch blocks, etc.,
((shall)) must have permanently affixed durable factory
identification, stating the working load limit (((WLL))). If
this identification has been removed or is no longer readable,
it is criteria for placing the item out-of-service. Equipment
may be reinspected by a recognized recertification company. If the equipment is acceptable, it may be reidentified with a
working load limit (((WLL))) and a recertification company
identifier. It will be deemed acceptable if the operator
maintains a copy of the certification of winching equipment
provided the serial number on the equipment corresponds with
the certification provided by the manufacturer.
(h) Snatch block hooks that were manufactured with a retractable safety retention clip must have a functional clip installed.
(((h))) (i) All block and tackle equipment used in the
winching system which shows signs of permanent deformation,
significant wear or damage is criteria for placing the item
out-of-service.
(((i))) (j) All "J" hook chain assemblies must be grade
"7" chain or better.
(((j))) (k) Safety chains must only be used for the
securing of vehicles to the truck. Must be minimum grade
(("4")) "7" chain or meet the original manufacturer's
recommendations. Safety chain hooks that were manufactured
with retractable safety retention clips must have a functional
clip installed.
(((k))) (l) Comply with legal lighting, equipment, and
license requirements.
(((l))) (m) Portable tail, stop, and turn signal lights
for vehicles being towed.
(((m))) (n) Have department of licensing registration and
truck numbers painted or permanently affixed to both sides of
the truck. Have firm's name, city of address, and phone
number permanently affixed to both sides of the vehicle. Letters must be a minimum of three inches high with one-half
inch strokes.
(((n))) (o) Have a revolving((/)), strobe, or
intermittent red light with three hundred sixty degrees
visibility. Trucks may also be equipped with flashing amber
and/or white lights which may be used in conjunction with the
red lamps. Additionally, trucks must also be equipped with a
warning light visible from the driver seat which is energized
when the red revolving light or flashing amber lights are
activated.
(((o))) (p) Have a broom, minimum twelve inches wide,
with a handle at least four feet long.
(((p))) (q) Have a scoop type shovel, minimum seven
inches wide, overall length minimum three feet long and a
minimum of a three-gallon hard((/)) or solid sided receptacle
(trash bags of any type will not meet this requirement) able
to contain debris typically found at collision scenes without
breaking.
(((q))) (r) Be maintained in a reasonably clean
condition.
(((r))) (s) Have ((two tempered steel pinch bars or
equivalent devices, one tapered and one flattened; one at
least three feet long and one)) at least one steel pinch bar
four feet long, tapered on one end and flattened on the other
with a minimum diameter of three-quarters of an inch.
(((s))) (t) Have a two-way radio or mobile telephone
system capable of communicating with a base station. A
citizen band radio does not suffice. A mobile telephone
system is acceptable ((if)) provided that it must:
(i) ((The equipment is of a recognized and established
manufacture and is properly installed.
(ii) The equipment is)) Be in proper working order and
function((s)) correctly throughout the assigned tow areas for
all towing operations including on call drivers.
(((iii) The equipment does not utilize a siren to signal
incoming calls.
(iv) The equipment is)) (ii) Be used in a ((correct and))
lawful manner.
(((t))) (u) Have one 20 BC rated or two 10 BC rated fire
extinguishers accessible and secured on or in the tow truck.
(((u))) (v) Axle weight must comply with the requirements
of RCW 46.37.351.
(w) Carry two gallons of absorbent material designed to and capable of absorbing a one-gallon liquid spill from a motor vehicle. For the purposes of this chapter, vehicular liquids consist of motor oil, antifreeze, transmission fluid, and gear oil.
(2) Class "A" tow trucks: Trucks that are capable of
towing and recovery of passenger cars, pickup trucks, small
trailers, or equivalent vehicles. Class "A" tow trucks
((shall)) must meet the requirements of subsection (1)(a)
through (((u))) (w) of this section and in addition ((shall))
must have:
(a) A ((ten)) fourteen thousand five hundred pound
minimum manufacturer's gross vehicle weight rating (GVWR).
(b) Dual tires on the rear axle.
(c) A minimum of one hundred feet of three-eighths inch continuous length XIP wire rope on each drum, measured from the point of attachment at the drum to the hook.
(d) A minimum ((six)) eight-ton boom rating with a single
((or dual)) hydraulic boom((s)). Dual winches to control a
minimum of two service drums. Class "A" tow trucks currently
in-service with those operators holding a current letter of
appointment issued by the patrol not meeting the criteria
listed in this section will be allowed to remain on the
rotation with that company.
(e) A minimum of two snatch blocks rated at 3.4 tons each.
(f) A tow sling or other comparable device made of material and used in such manner so as to protect vehicles being towed or recovered.
(g) A portable dolly or its equivalent for hauling
vehicles ((that are)) not otherwise towable.
(h) If equipped with a wheel lift system, it must have a fully extended working load rating of at least three thousand pounds and a seven thousand pound tow rated capacity.
(i) A minimum of one ten-foot or two five-foot recovery chains used in the winching system and must be minimum grade "7" chain with matching fittings.
(3) Class "B" tow trucks: Trucks that are capable of
towing and/or recovery of medium size trucks, trailers, motor
homes, or equivalent vehicles. Class "B" tow trucks ((shall))
must meet the requirements of subsection (1)(a) through
(((u))) (w) of this section and in addition ((shall)) must
have:
(a) ((Seventeen)) Eighteen thousand pounds minimum
manufacturer's gross vehicle weight rating (GVWR).
(b) Minimum ((ten-ton boom rating, single or dual
booms,)) of one fourteen-ton single hydraulic boom with two
independent winches and drums.
(c) A minimum of one hundred feet of seven-sixteenths inch continuous length XIP IWRC wire rope on each drum, measured from points of attachment at the drum to the hook.
(d) Minimum of four standard release tools (caging stud assemblies).
(e) A minimum of two snatch blocks rated at 4.5 tons each.
(f) A tow sling or other comparable device made of material and used in such manner so as to protect vehicles being towed or recovered.
(g) A portable dolly or its equivalent for hauling
vehicles ((that are)) not otherwise towable when the class "B"
tow truck is being used for class "A" tows.
(h) If equipped with a wheel lift system, it must have a
fully extended working load limit of at least six thousand
pounds and a twenty thousand pound tow rated capacity ((when
operating as a class B truck. May be equipped with a three
thousand pound fully extended working load wheel lift system
with a seven thousand pound tow rated capacity if operating as
a class A truck)).
(i) A minimum of one ten-foot or two five-foot one-half inch diameter recovery chains used in the winching system and must be grade "8" chain with matching fittings. Class "B" tow trucks currently in-service with those operators holding a current letter of appointment issued by the patrol not meeting the criteria listed in this section will be allowed to remain on the rotation with that company.
(4) Class ((B**)) "B-2" trucks: Are trucks rated at over
30,000 GVWR (((or more))) with air brakes. Class ((B**))
"B-2" trucks ((shall)) must:
(a) Meet the requirements of subsection (1)(a) through
(((u))) (w) of this section ((and in addition shall)).
(b) Have a minimum of one hundred fifty feet of seven-sixteenths inch continuous length XIP IWRC wire rope on each drum, measured from points of attachment at the drum to the hook.
((Class B** trucks shall also)) (c) Meet the requirements
of subsection (3)(b), (d), (e), (f), (g), (h), and (i) of this
section. Class "B-2" tow trucks currently in-service with
those operators holding a current letter of appointment issued
by the patrol not meeting the criteria listed in this section
will be allowed to remain on the rotation with that company.
(5) Class "C" tow trucks and class "C" rotator trucks:
Are trucks that are capable of towing and/or recovery of large
trucks, trailers, buses, motor homes, or similar vehicles. Class "C" trucks ((shall)) must meet the requirements of
subsection (1)(a) through (((u))) (w) of this section and in
addition ((shall)) must have:
(a) A ((forty)) forty-six thousand pound manufacturer's
gross vehicle weight rating ((or equivalent)) (GVWR).
(b) Tandem rear axle truck chassis (both drive axles).
(c) A minimum of ((twenty-five-ton)) thirty-ton boom
rating with ((single or dual booms)) a hydraulic boom. Dual
winches to control a minimum of two service drums. Class "C"
tow trucks currently in-service with those operators holding a
current letter of appointment issued by the patrol not meeting
the criteria listed in this section will be allowed to remain
on the rotation with that company.
(d) A minimum of ((one)) two hundred ((fifty)) feet of
((nine-sixteenths)) five-eighths inch continuous length XIP
IWRC wire rope on each drum measured from the point of
attachment at the drum to the hook.
(e) Air brakes and a system capable of supplying air to towed vehicles.
(f) A minimum of four standard release tools (caging stud assemblies).
(g) If equipped with a wheel lift system, it must have a fully extended working load limit of at least twelve thousand pounds.
(h) A minimum of one ten-foot or two five-foot five-eighths inch recovery chains used in the winching system and must be grade "8" chain with matching fittings.
(i) A tow sling or other comparable device used in such a manner as to protect the vehicle being towed or recovered.
(j) A minimum of two snatch blocks rated at eight tons each.
(6) Class "D" tow trucks: Trucks that are equipped for and primarily used as "wheel lift" or nonrecovery trucks.
Class "D" trucks ((shall)) must meet the requirements of
subsection (1)(a) through (((u))) (w) of this section and in
addition ((shall)) must have:
(a) A wheel lift ((assemble)) assembly with a fully
extended manufacturer's working load limit of three thousand
pounds and a seven thousand pound tow rated capacity.
(b) One winch and drum with one hundred feet of three-eighths inch XIP wire rope meeting class "A" requirements.
(c) One snatch block rated at 3.5 tons.
(d) A minimum of one five-foot recovery chain for use in the winching system and must be a minimum of grade "7" chain with matching fittings.
(7) Class "E" tow trucks: Trucks that are primarily
designed and intended to transport other vehicles by loading
and carrying the transported vehicle entirely ((onto)) on the
truck. These vehicles may be a flatbed, slide back, tilt
bed, or rail design truck. Class "E" trucks, unless
specifically factory equipped with a side recovery system, are
not designed for vehicle recovery and therefore must not be
used as a replacement for a class "A" truck unless
specifically requested by the patrol. Class "E" trucks
((shall)) must meet the requirements of subsection (1)(a)
through (((u))) (w) of this section ((and)).
(a) In addition ((shall)) must have:
(((a))) (i) Four securing devices with a minimum working
load limit of three thousand ((nine)) four hundred pounds. The devices ((may be)) must:
(A) Be grade "7" or stronger chain (((minimum grade
"7"))), wire rope, nylon strap, or steel strap.
((The)) (B) Have tie downs ((shall be)) attached to the
axle, tires, or frame member of the transported vehicle both
front and rear. ((All)) Factory style "T" hook tie downs may
be used for front and rear securement.
(C) Ensure all tie down ends ((shall be)) are secured to
the truck bed or rail in a manner that will prevent movement
of the transported vehicle. ((Factory style "T" hook
tie-downs may also be used (front and rear).
(b))) (ii) One snatch block rated at 3.5 tons.
(((c))) (iii) Dual tires on the rear axle.
(((d))) (b) Class "E" trucks may also be equipped with a
sling, tow bar, and/or a wheel lift system.
(i) If equipped with a towing system, the system must have a manufacturers' rating appropriate to the vehicle being towed. If used in a towing mode (as opposed to carrying), a sling, tow bar, and/or wheel lift assembly can be used and must have a manufacturers' rating appropriate to the vehicle being towed.
(((e))) (ii) Class "E" trucks are only required to carry
portable lights when used in towing mode.
(c) If factory equipped with a side vehicle recovery system, such system must meet all the winch and wire rope minimum requirements listed for a class "A" truck.
(d) Additional minimum class "E" truck requirements
include:
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(ii) Current licensing and tonnage equal to the maximum combination GVWR;
(iii) Four ton winch rating;
(iv) Fifty feet three-eighths inch XIP fiber core or IWRC wire rope;
(v) One five-foot grade "7" chain with matching fittings for use in winching; and
(vi) Seventeen feet of usable bed capable of carrying vehicles.
(e) Class "E" tow trucks currently in-service with those operators holding a current letter of appointment issued by the patrol not meeting the criteria listed in this section will be allowed to remain on the rotation with that company.
(8) Class "S" tow/recovery trucks: Tow/recovery trucks that cannot meet the requirements of class "A," "B," "C," "D," or "E" and are not eligible for appropriate waiver as outlined in WAC 204-91A-070(4), may be approved as class "S" (special).
((To have a truck designated as class "S" the tow
operator must submit a request for approval through the
district commander to the section. The written request shall
indicate)) (a) To be designated as a class "S" truck, the
operator must submit a request for approval through the
district commander to the section which must include:
(i) Why the truck is needed((,));
(ii) What ((it)) the truck will be used for((, its));
(iii) The vehicle size((,));
(iv) Purchased tonnage (((if appropriate),)) if required;
(v) Capability((,)); and
(vi) The equipment carried or used with the truck.
(b) The gross vehicle weight rating of the class "S" truck will determine the appropriate equipment required.
If the district commander approves the request, the
request will be forwarded with recommendations for equipment
and/or operation instructions or limitations to the patrol for
review and final approval. If approval is granted, the
equipment ((shall)) must be inspected as outlined in WAC 204-91A-040 with reports forwarded in the normal manner.
((Note:)) (c) If the provisions of this section require
a change in classification for a previously approved tow
truck, such change may be made upon the next annual
reinspection. In any case, all tow trucks ((shall)) must be
correctly classified within one year of adoption of these
rules.
(9) Class "S-1 rotator" trucks: Are tow trucks that are capable of recovery, towing, or both of large trucks, trailers, buses, motor homes, or similar vehicles. Class "S-1 rotator" trucks must meet the requirements of subsection (1)(a) through (w) of this section and in addition must have:
(a) A fifty-two thousand pound manufacturer's GVWR.
(b) Tandem or triple rear axle truck chassis with at least two drive axles.
(c) A minimum of forty ton rotating boom rating with a single boom.
(d) A minimum of two hundred feet of five-eighths inch continuous length XIP IWRC wire rope on two drums measured from the point of attachment at the drum to the hook.
(e) Air brakes and a system capable of supplying air to towed vehicles.
(f) A minimum of four standard release tools (caging stud assemblies).
(g) Equipped with a wheel lift system and have a fully extended working load limit of at least twelve thousand pounds.
(h) A minimum of one ten-foot or two five-foot five-eighths inch recovery chains used in the winching system and must be a minimum grade "8" chain with matching fittings.
(i) A tow sling or other comparable device used in such a manner as to protect the vehicle being towed or recovered.
(j) A minimum of two snatch blocks rated at eight tons each.
[Statutory Authority: RCW 46.37.005 and 46.55.115. 07-02-025A, § 204-91A-170, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005. 04-20-021, § 204-91A-170, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-170, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-170, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-170, filed 6/23/89.]
(1) When called by the patrol during normal business
hours, the tow truck operator ((will)) must dispatch a tow
truck, from within the assigned zone((,)) within five minutes
((during normal business hours)) after receiving the call. Tow trucks must be registered to and belong to the particular
tow business that is called and assigned only to that tow zone
((only)). If ((the)) an officer at the scene deems it
necessary, the officer may authorize additional assistance
((may be authorized)) from a registered tow truck operator
outside of the tow zone.
(2) ((Tow trucks dispatched at the request of)) When
called by the patrol after normal business hours ((will be on
the move)), the tow truck operator must dispatch a tow truck
from within the assigned zone within fifteen minutes after
receiving the call.
(3) The tow truck that is dispatched ((will)) must arrive
at the stated location within a reasonable time considering
distance, traffic, and weather conditions.
(4) If for any reason a tow operator is unable to
dispatch a tow truck within the stated time or if the
dispatched truck will be delayed for any reason, the operator
((shall so)) must advise the patrol stating the reason and
estimated time of arrival. In the event the tow truck fails
to arrive at the scene within a reasonable time, the patrol
will contact another tow operator to respond to the scene and
will cancel the original tow.
(5) A tow operator on rotation who is unable to dispatch
or arrive within the times stated in subsections (1), (2),
(3), and (4) of this section will forfeit ((his)) the
operator's turn and be placed at the bottom of the rotation
list as if ((he)) the operator had responded.
(6) Consistent refusal or failure of the appointee to
respond to calls from the patrol for towing services
((and/))or to provide the requested services may result in the
suspension or revocation of the tow operator's letter of
appointment.
(7) The tow operator ((shall)) must advise the
appropriate patrol office when the tow company is temporarily
unavailable to respond to rotational calls with a class "A,"
"B," or "C" tow truck. Unavailability may occur due to
conditions ((such as)) including, but not limited to, other
tow truck commitments, tow truck disabled and/or under repair,
unforeseen driver shortage due to illness((, etc)). The
period of unavailability may last less than an hour or much
longer. The tow operator will give the reason for
unavailability and approximately when the company will be
available to respond to calls.
The tow company will be removed from the rotational list and will not be called until the operator advises the patrol that the company is once again able to respond to calls with an "A," "B," or "C" class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable.
(8) The tow operator ((will)) must advise the patrol
whenever a private call is received for a tow with
circumstances that indicate that the tow is for a vehicle
((which)) that has been involved in a collision, incident, or
equipment breakdown on the public roadway. The tow operator
also ((will)) must advise the patrol of all private calls to
motor vehicle collisions on private property resulting in
bodily injury or death.
(9) The tow operator ((will)) must notify the patrol
before moving any vehicle involved in a collision on a public
highway under the jurisdiction of the patrol as defined in the
motor vehicle code, Title 46 RCW, or where it appears that the
driver of the vehicle to be moved is under the influence of
intoxicants or drugs, or is otherwise incapacitated.
(10) Other than a service patrol established and funded
by the department of transportation, a tow operator ((shall))
must not solicit tow or roadside services by patrolling the
public roadways searching for disabled vehicles or vehicles
involved in a traffic collision.
(((10))) (11) When the patrol is in charge of a collision
scene or other such incident, a tow operator ((shall)) must
not respond to such scene unless his services have been
specifically requested by the patrol, the driver/owner, or his
agent.
(((11))) (12) The tow operator ((shall)) must be
available, or will ensure that specific employees are
available, twenty-four hours a day for the purpose of
receiving calls or arranging for the release of vehicles. Business hours will be posted conspicuously at the operator's
place of business so they can be seen during business hours
and nonbusiness hours. A copy will also be sent to the
section and patrol district commander of the district in which
the tow operator does business. Changes of business hours
will be sent to the department, the section, and the patrol
district commander ten days before their effective date.
(((12))) (13) The operator ((shall)) must post a current
copy of tow and storage rates, on a form approved by the
department and the patrol, in the following locations:
(a) At the entrance to the place of business, in a
conspicuous location, plainly visible and ((readable by
members of)) capable of being read by the public, whether the
business is open or closed. If, in order to meet this
requirement, the rate sheets must be placed in a location,
exposed to the elements, they ((shall)) must be protected so
as to remain legible.
(b) Inside the business location, where business is
commonly transacted. The rate sheets ((shall)) must be posted
in such manner as to be clearly and plainly visible and
((readable)) read at all times by customers of the business.
(c) A copy of the current rates will be sent to the
department, the section, and the patrol district commander of
the district in which the tow operator has applied for a
letter of appointment. Notice of any change(s) in service
rates will be forwarded to the department, the section, and
the district commander of the area ten days before the
effective date of the changes. Charges made for towing
services arising from calls initiated by the patrol ((shall))
must be consistent with current posted towing rates and
((shall)) must be based only upon services listed on the
prescribed form.
(d) In the event that an operator has only a class "B"
truck and utilizes it for class "A" and "B" type tows, the
operator ((shall)) must file a rate sheet that specifies the
rates charged for the different types of tows.
(e) Whenever any operator utilizes a larger truck than
the towed vehicle warrants, the operator ((shall)) must charge
fees based on the size of the towed vehicle not the size of
the truck used.
((
Example:A class "C" truck is used, at the operator's discretion, to tow a class "B" size vehicle. The fees charged shall be
those for a class "B" truck NOT a class "C."
(13))) (14) Charges made for towing services arising from
calls initiated by the patrol ((shall)) must not exceed the
maximum rates established by the chief.
(((14))) (15) Unless other arrangements are made with
commissioned patrol personnel at the scene, all impounded
vehicles ((shall)) must be taken to the tow operators nearest
approved storage location.
(((15))) (16) The tow operator will maintain, for three
years, records on towed and released vehicles which were towed
at the request of the patrol. ((This)) Such records will be
available for inspection by the patrol during normal business
hours at the operator's place of business. Records will
include, but not be limited to:
(a) An itemized receipt of all charges for the services provided.
(b) ((An)) A tow impound record inventory ((sheet)) or
copy thereof made out by the trooper at the scene of the tow
and signed by the operator.
(c) All other records required by the department.
((Such records will be available for inspection by the
patrol during normal business hours at the operator's place of
business.
(16))) (17) The tow operator will sign ((an)) the tow
impound inventory ((sheet)) record made out by the patrol
officer at the scene.
(((17))) (18) Tow operators will obtain and maintain
current registration as a licensed tow truck operator pursuant
to RCW 46.55.020.
(((18))) (19) Tow operators ((shall)) must perform towing
tasks competently. The standard of competence ((shall)) will
be that quality of work which is accepted as efficient and
effective within the towing industry. The tow operator must
ensure tow truck drivers responding to calls initiated by the
patrol have completed a minimum of one four-hour tow truck
driver training course every five years. The operator must
keep a file documenting training.
(((19))) (20) No tow operator, employee, or agent
((shall)) will misappropriate, wrongfully convert to his/her
own use, or abuse property belonging to another and entrusted
to his/her care or storage.
(((20))) (21) Tow truck operators ((will)) must use
emergency lights to warn other motorists only when at the
scene of collisions, disabled vehicles, and/or recoveries. Such lighting ((shall)) must not be used when traveling to or
from the scene.
((Tow truck operators whose duties are performed in areas
and under circumstances where they are exposed to the danger
of moving vehicles shall wear work vests of highly visible
materials, or equivalent distinguishing apparel as outlined in
department of labor and industries, WAC 296-155-200(5).
(21))) (22) Tow truck operators ((shall be responsible
for cleaning)) are required to clean collision/incident scenes
of all vehicle glass ((and)), debris, and vehicle liquid
spills of one gallon or less.
(((22))) (23) Specific operating restrictions and/or
requirements, by truck class, are as follows:
(a) The standard air brake release tools (caging stud
assemblies) required to be carried in the class "B," "B-2,"
and "C" trucks ((shall)) must be used, whenever necessary, to
preserve potential evidence involving brake equipment or
adjustment settings. When an operator is attempting to move a
vehicle equipped with locked spring parking brakes that cannot
be released by external air supply, the caging assemblies
((shall)) must be used to release the brake tension. Under no
circumstances ((shall)) will the towed vehicle's brake
assemblies or adjustments be moved or disturbed in any way
that will prevent later determination of the precollision or
incident settings.
(b) Class "B" or "B-2" trucks in excess of twenty-three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles.
(((c) Class "D," "E," and "S" trucks shall not be used to
respond to initial calls unless specifically authorized by
patrol personnel at the scene or by local written policy
approved by the district commander.
(d) Class "E" trucks shall:
(i) Have, when used for multiple vehicle towing/recovery (one on bed, one in tow) from the same location, all invoice charges evenly divided between the vehicles so transported;
(ii) Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits;
(iii) Be required to carry its portable lights only when used in a towing mode.
(23))) (24) Whenever a "special event or overflow" storage lot is approved by the department, the patrol and appropriate city/county jurisdictions, the following must apply:
(a) The operator ((shall)) must maintain personnel at the
lot twenty-four hours per day for security and vehicle and/or
personal property release. If necessary, reimbursement for
such labor ((shall)) must be part of the contract for the
"special event" if appropriate or by amended storage rates
with a waiver of the ten-day rate change notice requirement
approved by the department and the patrol.
(b) At the conclusion of a "special event or overflow"
situation, all vehicles not reclaimed by the owner ((shall))
must be towed to the operator's regular storage facility and
processed in the normal fashion. No additional fee ((shall))
must be charged for towing the vehicle from the overflow lot
to the regular storage facility.
(((24))) (25) All work performed by the operator and/or
employee ((shall)) must be in the most professional and
expeditious manner. ((All invoices and other required forms
shall be completed accurately and promptly.
(25))) Tow operators and employees must refrain from any unprofessional actions while towing for or conducting towing business at the request of the patrol. The actions include, but are not limited to, any of the following:
(a) Lack of service, selective service, or refusal to provide service which the operator should be capable of performing;
(b) Exhibiting any signs of either alcohol, drug use, or both;
(c) Displaying any objects, logos, slogans, or graphic material within the view of the public that contains any form of pornography, profanity, or prejudice toward any person or group of persons.
(26) Tow operators ((shall)) must, when required by the
patrol or the department, cause to be displayed on each
approved truck, decals indicating truck class, patrol
district, and/or assigned tow zone.
(27) When responding to a patrol call, tow truck operators must wear clothing identifying the company and driver's name.
(28) Tow truck operators performing recovery, impounding, or towing must wear work vests of highly visible materials, or equivalent distinguishing apparel when outside of the towing vehicle as outlined in WAC 296-155-200(5) and Code of Federal Regulations, Title 23 Part 634.3.
(29) Tow truck operators must not display any sign, shield, marking, accessory, or insignia on uniforms or vehicles indicating the equipment or vehicle marking are similar to or belong to any public law enforcement agency. Tow truck operators must not engage in any advertisement indicating an official connection with the patrol or other law enforcement agency.
[Statutory Authority: RCW 46.37.005 and 46.55.115. 07-02-025A, § 204-91A-180, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. 02-07-056, § 204-91A-180, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 46.37.005 and 46.55.050. 94-18-083, § 204-91A-180, filed 9/2/94, effective 10/3/94. Statutory Authority: RCW 46.61.567. 89-21-044, § 204-91A-180, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46.35.005 [46.37.005]. 89-14-015 (Order 89-04-ESR), § 204-91A-180, filed 6/23/89.]