LAWSUITS NEWS & LEGAL INFORMATION
Illegal Towing and Predatory Towing Practices
Illegal towing and predatory towing is conducted by towing companies without the owner's consent. Predatory towers can overcharge, damage vehicles and often have monetary contracts with property owners to illegally tow vehicles from their property.
In the past decade, many US states began to regulate illegal and predatory towing. In 2005, a bill was introduced that would allow states such as California to enact legislation regarding towing practices on private property, but towing companies work around the legal system—predatory towers defend themselves by claiming they just have a different interpretation of the rules and hire attorneys to make it almost impossible to represent yourself without a lawyer.
Illegal Towing Laws
For example, a towing company may have a contract with a city police department in which the charge for a tow is $75.00, and the city may have a cap of $200 for private property tows. But your car may be towed from a parking lot for a charge of $400.00. Some unscrupulous towing companies ignore predatory towing laws.
Check your state's towing rules because Illegal towing laws vary. A predatory tower is familiar with the laws but assumes their victims do not know illegal and predatory towing laws. If you know the law and complain, the illegal tower may give you a refund.
Here are a few examples of illegal towing laws:
California
In 2006, Vehicle Code bill AB 2210 came into effect, which protects motorists from predatory towing practices from private property. California law requires the tow company to immediately and unconditionally release a vehicle if the driver arrives prior to it being towed from the private property or in transit.
Oregon
Oregon law requires that the tower release a vehicle at no charge only if the driver is present prior to the hookup being complete. The tower must also take at least one photograph of the vehicle and record the time and date of the photograph. The photograph must show the vehicle violation taking place.
Virginia
Virginia legislation requires warning signs to be posted at all entrances, maximum fees set for towing and storage, and photographs to be taken before towing to show the condition of the vehicle as well as the lawfulness of the towing.
Non Stop et al Illegal Towing Class Action Lawsuit
A class action lawsuit was filed against eight towing companies for allegedly towing legally parked cars, charging exorbitant fees, and engaging in predatory towing practices. The lawsuit was filed on behalf of Los Angeles residents whose cars were towed while legally parked in Southern California. The suit alleges Non Stop towing and other firms regularly tow cars without reason and overcharge motorists in order to make larger commissions.
"The first thing you think of when you car has been towed is that it has been stolen," says attorney John Bisnar. "Well, getting towed is similar; it might as well be road robbery. All too often, tow companies are holding your car ransom.
"Unfortunately, many tow companies aren't playing by the rules and countless people have had their vehicles towed illegally. Not only does the tow company usually release your vehicle for cash (and usually charges about $300), it also dings hapless drivers for other charges such as $45 per day for storage, an extra $45 fee after 6pm or on a weekend. Again, these charges are not legal."
And why do some companies only accept cash? By law they are required to take credit cards or checks. "I am guessing that they want to conceal the illegal tow and/or income and/or they don't want you to dispute the credit card charge or stop payment on a check," says Bisnar.
Illegal Towing Racket and Scam
Bisnar knows that tow truck drivers get a bonus for towing cars. "We have a former employee from one of these bandit companies with a background so checkered we can't use him as a witness but he gives us information," he explains. "And we also know of this scam: Someone watches the parking lot and calls the tow company and the person who is watching is being compensated by the company for every car towed from that lot."
Illegal Towing Lawsuit
Bisnar is representing a client who was having lunch in a fast-food outlet—he was only there 20 minutes. "We know it was an illegal tow. In fact, there have been tow companies that the LA county district attorney brought charges against for this particular type of action...another client owns a towing company and his own tow truck was towed by his competition! He is flaming mad."
Due to recent illegal towing media coverage, people contact Bisnar's firm daily and many are joining the class action. However, Bisnar can only accept clients with good documentation. "People must be able to substantiate their claims; they need receipts and wherever possible, witnesses," he says.
"For instance, one person we just signed on got his car towed at a specific time—he has a receipt for a deposit from his bank that proves he was not in the area where his car was towed, 20 minutes before it was towed—meaning his car wasn't parked for an hour. And he paid the tow company by credit card."
If you want to fight the tow company, you won't have your car and you risk paying hefty storage charges—who can afford that? "Illegal towing has become a social issue-somebody has to do something about this," says Bisnar. "Hey, why not us?" A class action lawsuit was filed against eight towing companies for allegedly towing legally parked cars, charging exorbitant fees, and engaging in predatory towing practices. The lawsuit was filed in Los Angeles Superior Court on behalf of Los Angles residents whose cars have been towed while legally parked in Southern California. The suit alleges Non Stop towing and other firms regularly tow cars without reason and overcharge motorists in order to make larger commissions.
Non Stop et al: Road Robbery
As told to LawyersandSettlements.com by lawyer John Bisnar
The first thing you think of when you car has been towed is that it has been stolen. Well, getting towed is similar—it might as well be road robbery. All too often, tow companies are holding your car ransom.
"There are certain rules that tow companies in California should follow when vehicles are illegally parked," says lawyer John Bisnar. "The tow company must have written authority to tow, signs have to be posted, and the vehicle has to be parked for more than an hour before it can be towed."
Unfortunately, many tow companies aren't playing by the rules and countless people have had their vehicles towed illegally. Not only does the tow company usually release your vehicle for cash (and usually charges about$300), it also dings hapless drivers for other charges such as $45 per day for storage, an extra $45 fee after 6pm or on a weekend. Again, these charges are not legal, Bisnar points out.
And why do some companies only accept cash? By law they are required to take credit cards or checks. "I am guessing that they want to conceal the illegal tow and/or income and/or they don't want you to dispute the credit card charge or stop payment on a check," says Bisnar.
The Racket and the Scam
"The information we have is that the tow truck drivers get a bonus for towing one of these cars. (We have a former employee from one of these bandit companies with a background so checkered we can't use him as a witness but he gives us information.) And we also know of this scam: Someone watches the parking lot and calls the tow company; the person who is watching is being compensated by the towing company for every car towed from that lot.
The Lawsuit
"The client we are suing for was actually having lunch in a fast-food outlet—he was there for 20 minutes. We know it was an illegal tow. In fact, there have been tow companies that the LA county district attorney brought charges against for this particular type of action.
Another one of our clients owns a towing company and his own tow truck was towed by his competition! He is flaming mad.
Because of so much press coverage, people contact us daily and many are going to join the case. But we are only taking people with good documentation; people must be able to substantiate their claims. They need receipts and wherever possible, witnesses.
For instance, one person we just signed on got his car towed at a specific time—he has a receipt for a deposit from his bank that proves he was not in the area where his car was towed, 20 minutes before it was towed—meaning his car wasn't parked for an hour. And he paid the tow company by credit card."
If you want to fight the tow company, you won't have your car and you risk paying hefty storage charges.
Last updated on
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llegal Towing and Predatory Towing Practices
Some illegal practices include patrolling private lots and removing vehicles without the presence of a property owner, refusing to unconditionally release a vehicle to the owner before it has been removed from the private property, and unlawfully taking a vehicle within one hour of parking.In the past decade, many US states began to regulate illegal and predatory towing. In 2005, a bill was introduced that would allow states such as California to enact legislation regarding towing practices on private property, but towing companies work around the legal system—predatory towers defend themselves by claiming they just have a different interpretation of the rules and hire attorneys to make it almost impossible to represent yourself without a lawyer.
Illegal Towing Laws
For example, a towing company may have a contract with a city police department in which the charge for a tow is $75.00, and the city may have a cap of $200 for private property tows. But your car may be towed from a parking lot for a charge of $400.00. Some unscrupulous towing companies ignore predatory towing laws.
Check your state's towing rules because Illegal towing laws vary. A predatory tower is familiar with the laws but assumes their victims do not know illegal and predatory towing laws. If you know the law and complain, the illegal tower may give you a refund.
Here are a few examples of illegal towing laws:
California
In 2006, Vehicle Code bill AB 2210 came into effect, which protects motorists from predatory towing practices from private property. California law requires the tow company to immediately and unconditionally release a vehicle if the driver arrives prior to it being towed from the private property or in transit.
Oregon
Oregon law requires that the tower release a vehicle at no charge only if the driver is present prior to the hookup being complete. The tower must also take at least one photograph of the vehicle and record the time and date of the photograph. The photograph must show the vehicle violation taking place.
Virginia
Virginia legislation requires warning signs to be posted at all entrances, maximum fees set for towing and storage, and photographs to be taken before towing to show the condition of the vehicle as well as the lawfulness of the towing.
Non Stop et al Illegal Towing Class Action Lawsuit
A class action lawsuit was filed against eight towing companies for allegedly towing legally parked cars, charging exorbitant fees, and engaging in predatory towing practices. The lawsuit was filed on behalf of Los Angeles residents whose cars were towed while legally parked in Southern California. The suit alleges Non Stop towing and other firms regularly tow cars without reason and overcharge motorists in order to make larger commissions.
"The first thing you think of when you car has been towed is that it has been stolen," says attorney John Bisnar. "Well, getting towed is similar; it might as well be road robbery. All too often, tow companies are holding your car ransom.
"Unfortunately, many tow companies aren't playing by the rules and countless people have had their vehicles towed illegally. Not only does the tow company usually release your vehicle for cash (and usually charges about $300), it also dings hapless drivers for other charges such as $45 per day for storage, an extra $45 fee after 6pm or on a weekend. Again, these charges are not legal."
And why do some companies only accept cash? By law they are required to take credit cards or checks. "I am guessing that they want to conceal the illegal tow and/or income and/or they don't want you to dispute the credit card charge or stop payment on a check," says Bisnar.
Illegal Towing Racket and Scam
Bisnar knows that tow truck drivers get a bonus for towing cars. "We have a former employee from one of these bandit companies with a background so checkered we can't use him as a witness but he gives us information," he explains. "And we also know of this scam: Someone watches the parking lot and calls the tow company and the person who is watching is being compensated by the company for every car towed from that lot."
Illegal Towing Lawsuit
Bisnar is representing a client who was having lunch in a fast-food outlet—he was only there 20 minutes. "We know it was an illegal tow. In fact, there have been tow companies that the LA county district attorney brought charges against for this particular type of action...another client owns a towing company and his own tow truck was towed by his competition! He is flaming mad."
Due to recent illegal towing media coverage, people contact Bisnar's firm daily and many are joining the class action. However, Bisnar can only accept clients with good documentation. "People must be able to substantiate their claims; they need receipts and wherever possible, witnesses," he says.
"For instance, one person we just signed on got his car towed at a specific time—he has a receipt for a deposit from his bank that proves he was not in the area where his car was towed, 20 minutes before it was towed—meaning his car wasn't parked for an hour. And he paid the tow company by credit card."
If you want to fight the tow company, you won't have your car and you risk paying hefty storage charges—who can afford that? "Illegal towing has become a social issue-somebody has to do something about this," says Bisnar. "Hey, why not us?" A class action lawsuit was filed against eight towing companies for allegedly towing legally parked cars, charging exorbitant fees, and engaging in predatory towing practices. The lawsuit was filed in Los Angeles Superior Court on behalf of Los Angles residents whose cars have been towed while legally parked in Southern California. The suit alleges Non Stop towing and other firms regularly tow cars without reason and overcharge motorists in order to make larger commissions.
Non Stop et al: Road Robbery
As told to LawyersandSettlements.com by lawyer John Bisnar
The first thing you think of when you car has been towed is that it has been stolen. Well, getting towed is similar—it might as well be road robbery. All too often, tow companies are holding your car ransom.
"There are certain rules that tow companies in California should follow when vehicles are illegally parked," says lawyer John Bisnar. "The tow company must have written authority to tow, signs have to be posted, and the vehicle has to be parked for more than an hour before it can be towed."
Unfortunately, many tow companies aren't playing by the rules and countless people have had their vehicles towed illegally. Not only does the tow company usually release your vehicle for cash (and usually charges about$300), it also dings hapless drivers for other charges such as $45 per day for storage, an extra $45 fee after 6pm or on a weekend. Again, these charges are not legal, Bisnar points out.
And why do some companies only accept cash? By law they are required to take credit cards or checks. "I am guessing that they want to conceal the illegal tow and/or income and/or they don't want you to dispute the credit card charge or stop payment on a check," says Bisnar.
The Racket and the Scam
"The information we have is that the tow truck drivers get a bonus for towing one of these cars. (We have a former employee from one of these bandit companies with a background so checkered we can't use him as a witness but he gives us information.) And we also know of this scam: Someone watches the parking lot and calls the tow company; the person who is watching is being compensated by the towing company for every car towed from that lot.
The Lawsuit
"The client we are suing for was actually having lunch in a fast-food outlet—he was there for 20 minutes. We know it was an illegal tow. In fact, there have been tow companies that the LA county district attorney brought charges against for this particular type of action.
Another one of our clients owns a towing company and his own tow truck was towed by his competition! He is flaming mad.
Because of so much press coverage, people contact us daily and many are going to join the case. But we are only taking people with good documentation; people must be able to substantiate their claims. They need receipts and wherever possible, witnesses.
For instance, one person we just signed on got his car towed at a specific time—he has a receipt for a deposit from his bank that proves he was not in the area where his car was towed, 20 minutes before it was towed—meaning his car wasn't parked for an hour. And he paid the tow company by credit card."
If you want to fight the tow company, you won't have your car and you risk paying hefty storage charges.
Illegal and Predatory Towing Legal Help
If you have suffered damages in this illegal towing case, please click the link below to send your complaint to a lawyer to evaluate your claim at no cost or obligation.Last updated on
ILLEGAL TOWING LEGAL ARTICLES AND INTERVIEWS
Illegal Towing Akin to Extortion
September 24, 2009
Illegal towing is by far one of the most frustrating aspects of car ownership—especially in major urban centers where parking access is always at a premium. Motorists who park illegally must face the consequences. However, those who go out of their way to park legally are often hit with an illegal tow and the accompanying extortion that surely follows. Sadly, illegal car towing is reality. READ MORE
READ MORE Business Settlements and Legal News
READER COMMENTS
Sharronta Morgan
on
Lataija A Willis
on
Tom Solveson
on
Julie Ramsey
on
Chad Ingram
on
Milton king
on
What if this company contract was done and there was a new tow
on
Travelers' Society of California
on
Camron Adams
on
Julie Case
on
Chequita
on
Waiting on cops to view video tape for more information. Antagonizing wait game on the police part
Sally THOMAS
on
James Moore
on
Rosio Madriz
on
Ann
on
I was followed, and harassed. I parked my car went to Reilly’s buy food. 30 minutes later my car towed away.
They claimed “someone saw you left parking lot”, they assume I left car there where I went to bathroom on the side to went to bathroom
This is crime.
We need sue them
Abdi ahmed
on
Second the following Saturday I returned to drop pizza off to friend I know on that build. Before parking ask the friend where should I park? He direct me to park at guess parking just for 15 to 20 minutes. I even I have my emergency lights out. Drop the pizza office and I came down my car was gone from guess parking. Again my wallet, phone and house keys in car. Again I called them they told they can't help me and stressed to them that I park on guess parking and my keys and the wallets are in my car and asked to access my car. They told no not until 9am. Time at the time we're past 12am.
Each time I was charge $316 which within 10 days they took. $632. I also notice they have attempt to get into my car. Both sides of the door side rabber indicate. Also my rarre end of my tire makes waird noses which I believe it was damage when they towed.
I live in Minnesota. Please help
Tony Spencer
on
Samuel Howard
on
Reta Quarles
on
Anise
on
TRAKEINA WIMBERLY
on
Giadira Leon
on
Nathan Starr
on
Marie Veneracion
on
They should had went to court and file a:
Replevin
If the creditor cannot repossess the vehicle without breaching the peace (for example, your car is in a locked garage), it may then seek help from the court through a process called replevin. With a replevin lawsuit, the creditor seeks an order from the court requiring you to give the car back to the creditor.
If you fail to abide by the court order, you may be subject to both civil and criminal penalties. The car loan lender may also get a money judgment against you, usually for the balance owed on the loan or lease, along with charges and costs.
But instead...
They entered a secured private property and just stole my vehicle.
Megan taaffe
on
Details:
Car was towed after being g stolen and damaged rendering undrivable. Towed from private lot.
Tow company charged me 5000 no paperwork of any kind given then the car was transferred to tow company name by illegal lien and refused to give it back!!
Magaly Rodriguez
on
Got towed away I never received any notice that my vehicle was impounded until I researched and found it got ahold of the towning company n they wanted to charge me 3000 I told them why n he said that I still had to wait 30days. It's been a year n I still haven't received a letter n the towning company has been driving my car. I got a DMV letter about the renewal of the plates so that means it's still legally mine
Rachelle walters
on
Phillip pemberton
on
Mario G Diaz Umana
on
Mujahid Bakht
on
Jeremy Cook
on
dawn Richardson
on
Nelly
on
Now, the bank did not ask me for my key or anything. Is this normal? I feel like they’re scamming me to pay more!
Michael Avaspour
on
sold out to me on a Junk and out of DMV service and on a system on that car must be in Trash and on Junk Car Cost $ 5000
then he Douglas got from me $3500.00 and on my GMC
and to sold me a Chevy Malibu 2012
and on the DMV said to get an attorney
to make on that Shvoling money business a down
he Mr, Douglas is trying to threaten me and on some attacking me, by on phone to calling
reason: I did to explaining him on that Chevy Malibu -the Engine
Cracking to leaking oil -Transsimmion inside damaged
in the engine, a lot missing for and front bumper Total is damaged by on some Glue to holding on.
and I did to find out about all Problems after 3 days
and DMV said on that towing Business must pay on the Attorney and when not then City ill suspending on his a business license and that is on a Fraud/Savatage of DMV, Law system. and Attorney knows and how to jumping on that business.
plaintiff: Michael Avaspour
Thank you
Gracias Tam bien.
Danke Schon auch.
Gloria Mamurov
on
Many stores around I arrived 8.05 met with my friend there who was warmed ten min before me and two cars away from me. They towed me 8.45 this is less than an hour according to Los Angeles laws you cannot tow a car in less than an hour. The security write down that I parked there at 7.35 pm when o was clearly not there this time I have video footage of me leaving my garage at this time in Sherman Oaks. I need help because that was wrongfully towing.
DeLanya Davis
on
Hank smith
on
Driverdisgusted
on
I bought something in a store at cvs. I saw a man looking at me.when i came out, i crossed street for like 10 min. In view of my car. I saw them begin to hook up my car i ran over and ask them to give me my car, they continued to hook it up, laughed and got ignorant. It was very cold and raining, my coat and laptop in car. They said pay 200 up front or we taking car. I said that seems way to high and car is not even out of lot...ect. they rush and took my car as i complained. I then looked a sign across from where i parked and it said min fee 50 bucks. I am guessing drop fee. It said max fee: 200 bucks. The were charging me full price for a car not taken out of lot. All the hooking up happened in front of me. Other customers were shocked and expressed their were cars there with no handy cap stickers and parked there. The tow driver who was rude says to one lady "shut up and take ur A across street." The lady was in street. She stopped and said dont even talk to me like that u coming at the wrong one.
He then went to every customers changing story as they became appaulled how they treated me not even offering a drop fee
The guy even went to the store manager and tried to lie on me. The store manager even said that guy gives him trouble and rude.
I told my husband who works for triple A and a managing mechanic at a well known car place and he said that towing company always has law suits and is on the news for scamming...etc
I even said to them ,"someone needs to tell the news about you all" and he said "people already have and there is nothing u can do"
The company name: TAGS AUTO TOWING IN PGH PA. IT TOWS CARS IN CVS LOT IN OAKLAND IN PGH PA
They never told me about 50 bucks drop fee so they can get it on public high way so they can charge me a full 200 fee.
I tried calling owner and is not answering but i notice the tow drivers on cell with i assume them. They must of got my plates ran and see its me calling. They want my car to be there long so they can push the 200 fee and then possibly a daily fee.
So now i am driving out there..with my husband. I am sure he is going to call them jerks cause he tows for AAA and is a manager mechanic for a popular auto company.
I cant wait to see look on their face. They wont be getting any deals on their car work, from my husband for sure when they bring their own cars in. He says they have before. His workplace is less than 15 minutes away from them.
Even my husband says those towers at TAGS have bad reps and are real jerks for real.
They didnt even have my car pulled out of space and charged me full tow price, laughed in my face and got ignored with me and anyone who defended me.
Rand H.David
on
rIKs
on
Tom Manarpaac
on
My vehicle was legally parked at the apartment complex where I live. It was towed without reason and without the permission of the property management. Property management called to confirm that my car was legally parked, no one had been given permission to remove it from the property and that my vehicle was to be returned to me immediately.
It is now the third day that I am trading phone calls with these criminals and Quality Towing is still refusing to return my vehicle. When I contacted the police to report that my car had been stolen, I was basically told that anyone that owns a tow truck in Nevada can pretty much steal any car they want. Nothing they can do for me.
Kelly hickman
on
Eric Broughton jr
on
Frank riley
on
bill hopf
on
RICHARD ROSENBERG
on
SO, I EMAILED THE CITY OF WINSTON MUNICIPAL CODE, SEC 42-349 WHICH READS THE FOLLOWING:
Sec. 42-349. - Amount of towing and storage charges; charges to constitute lien. (copy and paste this to google and find the website)
(a)
The charges for towing and storing any vehicle lawfully impounded under this article shall be as follows:
(1)
Towing charge. Towing charges shall be:
a.
On Saturday and Sunday, and after 6:00 p.m. on Monday through Friday each week, where a vehicle is towed .....$85.00
b.
On Monday through Friday of each week, from 7:30 a.m. to 6:00 p.m. where a vehicle is towed .....75.00
c.
Where a wrecker is engaged but the vehicle is not towed .....10.00
d.
Large vehicles consisting of 10,000 gross vehicle weight (GVW) or more .....200.00
(2)
Additional charges. The following charges shall be in addition to any towing charge listed in subsection (a)(1) of this section:
a.
After the first 30 minutes from arrival and for each hour thereafter until hook up, a waiting fee shall be charged.
Vehicles .....$35.00
Large vehicles .....50.00
b.
Where a dolly is used .....25.00
THEY EMAILED ME BACK AN ENTIRE PAGE ON CITY RULE TO BE LEGALLY APPROVAL BY THE HIGHWAY PATROL. BUT THAT HAS NOTHING TO DUE WITH PRICING, NEVER EXPLAINING WHAT THEY'RE PROTECTED BY, (CONCERNING THEIR FEES)OR WHAT THEY'R TRYING TO SAY, EXCEPT THEY CLAIM THEY SENT IT ALL TO THE HIGHWAY PATROL, AS IF TO SAY IT'S ALL LEGAL NOW.
THIS IS THEIR EMAIL:
I believe your vehicle was involved in an accident and was towed by (THRU) the Highway Patrol. (SLIDING ON ICE INTO A GUARDRAIL DOES NOT CONSTITUTE HIGHER PRICES) Please read the following rules and regulations below that apply to your situation. A copy of our charges are on file at the local Highway Patrol office.
(A COPY OF THE ACCIDENT IS AVAILABLE ONLINE)
Thanks!
14B NCAC 07A .0116 ROTATION WRECKER SERVICE REGULATIONS (a) The Troop Commander shall include on the rotation wrecker list only those wrecker services that agree in writing to adhere to the following provisions: (1) A wrecker service desiring to be included on the rotation wrecker list shall complete a wrecker application on a form designated by the Patrol. This application and all forms referenced in this Rule may be accessed at www.ncdps.gov, State Highway Patrol, Wrecker Inspections tab. All applications shall be submitted to the appropriate District First Sergeant. (2) In order to be listed on a rotation wrecker list within a rotation wrecker zone, a wrecker service shall have a full-time business office within that rotation wrecker zone that is staffed and open 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays, and a storage facility. The wrecker service shall have someone available to accept telephone calls from the Patrol, to allow access to towed vehicles, or to retrieve towed vehicles by the registered owner, operator, or legal possessor during business hours. The business office may not be the same physical address as the owner's residence unless zoned for commercial purposes and advertised as a business property. A representative from the wrecker service shall be available on call on a 24-hour basis for emergencies. The wrecker service shall allow vehicles to be retrieved between the hours of 8:00 a.m. and 5:00 p.m., seven days a week, excluding state holidays. An individual (registered owner, legal possessor, or operator) shall not be charged a storage fee for days that he or she could not retrieve his or her vehicle as a result of an action or omission on the part of the wrecker service, such as where the wrecker service was not open, did not answer the telephone, or a representative was not available to release the vehicle. (3) Wrecker service facilities and equipment, including vehicles, office, telephone lines, office equipment and storage facilities shall not be shared with or otherwise located on the property of another wrecker service and shall be independently insured. Vehicles towed at the request of the Patrol shall be placed in the storage owned and operated by the wrecker service on the rotation wrecker list. A storage facility for a small wrecker shall be located within the assigned zone. For wrecker services with large wreckers, the storage facility for vehicles towed with the large wrecker may be located anywhere within the county. To be listed on the large rotation wrecker list, a wrecker service shall have at least one large wrecker located within the county and designated for the sole use in that county. To be listed on the small rotation wrecker list, a wrecker service shall have at least one small wrecker located within the assigned zone and designated for the sole use in that assigned zone. A wrecker shall not be on more than one rotation wrecker list. In any case where husband and wife or other family members are engaged in the business of towing vehicles and desire to list each business separately on the wrecker rotation list, the wrecker service shall establish that it is a separate legal entity for every purpose, including federal and state tax purposes. Nothing in this Rule precludes a wrecker service from responding to private calls outside the assigned zone or county. (4) Each wrecker shall be equipped with legally required lighting and other safety equipment to protect the public and the equipment must be in good working order. (5) Each wrecker on the rotation wrecker list shall be equipped with the equipment required on the application list and the equipment shall be operating properly at all times. (6) The wrecker service operator must remove all debris, other than hazardous materials, from the highway and the right-of-way prior to leaving the incident/collision scene. Hazardous materials consist of those materials and amounts that are required by law to be handled by local Hazardous Materials Teams. This service must be completed as part of the required rotation service and shall not be charged as an extra service provided. Hazardous materials or road clean-up other than debris may be billed in quarter-hour increments after the first hour on scene. (7) The wrecker service shall be available to the Patrol for rotation service on a 24-hour per day basis and accept collect calls (if applicable) from the Patrol. Calls for service shall not go unanswered for any reason, unless the wrecker company has notified the Patrol it cannot respond as set forth in Subparagraph (a)(16) of this Rule. (8) The wrecker service shall respond, under normal conditions, in a timely manner. Failure to respond in a timely manner shall result in a second rotation wrecker being requested. If the second wrecker is requested before the arrival of the first rotation wrecker, the initial requested wrecker shall forfeit the call and shall leave the collision/incident scene.Â
(9) For Patrol-involved incidents, the wrecker service shall respond only upon request from Patrol authority or at the request of the person in apparent control of the vehicle to be towed. (10) The wrecker service, when responding to rotation wrecker calls, shall charge reasonable fees for services rendered. Towing, storage, and related fees charged for rotation services may not exceed the wrecker service's charges for nonrotation service calls that provide the same service, labor, and conditions. Wrecker services may secure assistance from another rotation wrecker service when necessary, but only one bill shall be presented to the owner or operator of the vehicle for the work performed. A price list for recovery, towing, and storage shall be established and kept on file at the place of business. A price list for all small wreckers and rollbacks with a GVWR of less than 26,001 pounds shall be furnished in writing on a Patrol form to the District First Sergeant upon request. The District First Sergeant shall approve all price lists submitted within his or her respective District if they are determined to be reasonable, consistent with fees charged by other Highway Patrol rotation wrecker services within the District and do not exceed the wrecker service's charges for nonrotation service calls that provide the same service, labor, and conditions. The District First Sergeant shall retain a copy of all approved price lists in the appropriate wrecker service file located in the district office. Storage fees shall not begin to accrue until the next calendar day following the initial towing of the vehicle. Wrecker service towing fees for recovery and transport of vehicles after 5:00 p.m. and on weekends shall not exceed the towing fees by more than 10 percent for recovery and transport of vehicles charged during regular business hours. A mileage fee shall be charged only if the customer requests the vehicle to be towed to a location outside of the assigned wrecker zone or county. If a mileage fee is warranted, the wrecker driver shall inform the owner, operator, or legal possessor of the vehicle of any additional charge for mileage prior to towing. The individual price list for each respective wrecker service shall be made available to customers upon request. Copies of the approved price list shall be maintained within each wrecker and shall be given to the owner, operator, or legal possessor of a vehicle being towed as a result of a Highway Patrol rotation wrecker call by the wrecker driver, if the owner, operator, or legal possessor of the vehicle being towed is present at the scene. Prices indicated on this form shall be the maximum amount that will be charged for a particular service; however, this does not prevent charges of a lesser amount for said service. (11) All wrecker operators shall have a valid driver's license for the type of vehicles driven. A limited driving privilege is not allowed. (12) Wrecker owners, operators, and employees shall not be abusive, disrespectful, or use profane language when dealing with the public or any member of the Patrol and shall cooperate at all times with members of the Patrol. (13) The wrecker service shall adhere to all Federal and State laws and local ordinances and regulations related to registration and operation of wrecker service vehicles and have insurance as required by G.S. 20-309(a). (14) The wrecker service shall employ only wrecker operators who demonstrate an ability to perform required services in a safe, timely, efficient, and courteous manner and who satisfy all of the requirements for wrecker drivers established or referenced herein. The wrecker service shall not take any passengers who have been convicted, pled guilty to, or received a prayer for judgment continued (PJC) for any of the offenses listed in Subparagraph (a)(21) of this Rule, with the exception of a Chapter 20 violation to the incident/collision site, when responding to calls. (15) The wrecker service shall notify the District First Sergeant of any insurance lapse or change. Wrecker services shall ensure the NC Highway Patrol is listed as "Certificate Holder" on the Certificate of Liability Insurance, in c/o the District First Sergeant, complete with the current mailing address for the Highway Patrol District Office tasked with the responsibility of ensuring compliance with Highway Patrol policy regarding the respective wrecker service. (16) The wrecker service shall notify the Patrol whenever the wrecker service is unable to respond to calls. (17) Notification of rotation wrecker calls shall be made to the owner/operator or employee of the wrecker service. Notification shall not be made to any answering service, pager, or answering machine. (18) Wrecker service vehicles shall be marked on each side by printing the wrecker service name, city and state in at least three inch letters. No magnetic or stick-on signs shall be used. Decals are
permissible. The wrecker service operator shall provide a business card to the investigating officer or person in apparent control of the vehicle before leaving the scene. (19) Each wrecker service vehicle shall be registered with the Division of Motor Vehicles in the name of the wrecker service and insured by the wrecker service. Dealer tags shall not be displayed on wreckers that respond to rotation calls. (20) Wrecker services shall secure all personal property at the scene of a collision to the extent possible, and preserve personal property in a vehicle that is about to be towed. (21) The owner shall ensure that he or she and each wrecker driver has not been convicted of, pled guilty to, or received a prayer for judgment continued (PJC): (A) Within the last five years of: (i) A first offense under G.S. 20-138.1, G.S. 20-138.2, G.S. 20-138.2A or G.S. 20138.2B; (ii) Any misdemeanor involving an assault, an affray, disorderly conduct, being drunk and disruptive, larceny or fraud; (iii) Misdemeanor Speeding to Elude Arrest; or (iv) A violation of G.S. 14-223. (B) Within the last ten years of: (i) Two or more offenses in violation of G.S. 20-138.1, G.S. 20-138.2, G.S. 20138.2A or G.S. 20-138.2B; (ii) Felony speeding to elude arrest; or (iii) Any Class F, G, H or I felony involving sexual assault, assault, affray, disorderly conduct, being drunk and disruptive, fraud, larceny, misappropriation of property or embezzlement. (C) At any time of: (i) Class A, B1, B2, C, D, or E felonies; (ii) Any violation of G.S. 14-34.2, G.S. 14-34.5, or G.S. 14-34.7; (iii) Any violation of G.S. 20-138.5; or (iv) Three felony offenses in any federal or state court or combination thereof. The commission of a felony is not considered to be a second or subsequent felony unless it is committed after the conviction of or guilty plea to the previous felony. For convictions occurring in federal court, another state or country or for North Carolina convictions for felonies which were not assigned a class at the time of conviction, the North Carolina offense which is substantially similar to the federal or out of state conviction or the class of felony which is substantially similar to the North Carolina felony shall be used to determine whether the owner or driver is eligible. Any question from the owner of a Wrecker Service concerning a criminal record shall be discussed with the First Sergeant or his or her designee. (22) Upon employment or upon the request of the District First Sergeant, the owner of the wrecker service shall supply to the Patrol the full name, current address, date of birth, and photocopy of drivers license, valid work VISA, or other INS documentation for all wrecker drivers and owner(s) in order for the Patrol to obtain criminal history information. The owner of the wrecker service shall also provide a certified copy of the driving record for the owner and each driver authorized to drive on rotation upon initial application, upon the hiring of a driver hired after initial application, and at the time of periodic wrecker inspections conducted by the Patrol to ensure compliance with this Rule and applicable statutes. The wrecker service shall inform the District First Sergeant if the owner or a driver is charged with, convicted of, enters a plea of guilty or no contest to, or receives a prayer for judgment continued (PJC) for any of the crimes listed in Subparagraph (21) of this Paragraph. Upon notification that a driver or owner was charged with any of the crimes listed in Subparagraph (21) of this Paragraph, the Patrol shall conduct an independent administrative investigation. Willful failure to notify the District First Sergeant as required herein shall result in removal from the rotation wrecker service for 12 months. (23) Upon request of the vehicle owner, the rotation wrecker shall return personal property stored in or with a vehicle, whether or not the towing, repair, or storage fee on the vehicle has been or will be paid. Personal property, includes any goods, wares, freight, or any other property having any value whatsoever other than the functioning vehicle itself.
(24) The wrecker service shall tow disabled vehicles to any destination requested by the vehicle owner or other person with apparent authority after financial obligations have been finalized. (25) Unless notified by the Patrol that the vehicle is being preserved as evidence, the wrecker service shall allow insurance adjusters access to and allow inspection of the vehicle at any time during the wrecker service's normal working hours. (26) Being called by the Patrol to tow a vehicle does not create a contract with or obligation on the part of the Patrol or Patrol personnel to pay any fee or towing charge except when towing a vehicle: (A) owned by the Patrol; (B) that is later forfeited to the Patrol; or (C) that a court determines that the Patrol wrongfully authorized the tow and orders the Patrol to pay transportation and storage fees. (27) Being placed on the rotation wrecker list does not guarantee a particular number or quantity of calls, does not guarantee an equivalent number of calls to every wrecker service on the rotation wrecker list, nor does it entitle any wrecker service to any compensation as a consequence for not being called in accordance with the list or when removed from the rotation wrecker list. (28) The willful failure to respond to a call by the Patrol shall result in the wrecker service being placed at the bottom of any rotation wrecker list and the wrecker service shall then be "automatically bypassed" when that wrecker service comes up for its next rotation call. (29) The District First Sergeant or his or her designee shall subject rotation wreckers and facilities to inspections during normal business hours. (30) A rotation wrecker service, upon accepting a call for service from the Patrol, shall use its wrecker. Wrecker services shall not refer a call to another wrecker company or substitute for each other. (31) If a rotation wrecker service plans to move its business location the owner shall send written notification of the new address to the District First Sergeant not less than 10 days prior to the move. The wrecker service shall not receive rotation calls prior to inspection of the new facility. (32) A wrecker service may dispatch either a wrecker or a rollback in response to a Patrol rotation wrecker call, except where the wrecker service is advised that a particular type of recovery vehicle is needed due to existing circumstances. (33) A rotation wrecker driver or employee shall not respond to a Patrol related incident with the odor of alcohol on his or her breath or while under the influence of alcohol, drugs, or any impairing substance. (34) A wrecker service shall have in effect a valid hook or cargo insurance policy issued by a company authorized to do business in the State of North Carolina in the amount of fifty thousand dollars ($50,000) for each small wrecker and one hundred fifty thousand dollars ($150,000) for each large wrecker or as otherwise required by Federal regulation, whichever is greater. In addition, each wrecker service shall have a garage keeper's insurance policy from an insurance company authorized to do business in the State of North Carolina covering towed vehicles in the amount of one hundred thousand dollars ($100,000). (b) The District First Sergeant shall conduct an investigation of each wrecker service that applied to be placed on the rotation wrecker list and determine if the wrecker service meets the requirements set forth in this Rule. If the District First Sergeant determines that a wrecker service fails to satisfy one or more of the requirements set forth in this Rule, the First Sergeant shall notify the wrecker service owner of the reason(s) for refusing to place it on the rotation wrecker list. Any wrecker service that fails to comply with the requirements of this Rule shall be removed from the rotation wrecker list. (c) The Troop Commander or designee shall ensure that a wrecker service shall be included only once on each rotation wrecker list. (d) Each Troop Commander shall designate a Troop Lieutenant to serve as a Rotation Wrecker Liaison for his or her respective Troop. (e) If the Troop Commander or designee chooses to use a contract, zone, or other system administered by a local agency, the local agency rules govern the system. (f) If a wrecker service responds to a call, it shall be placed at the bottom of the rotation wrecker list by the Patrol Communications Center unless the wrecker service, through no fault of its own, is not used and receives no compensation for the call. In that event, it shall be placed back at the top of the rotation wrecker list.Â
History Note: Authority G.S. 20-184; 20-185; 20-187; 20-188; Temporary Adoption Eff. June 9, 2000;
Eff. April 1, 2001; Amended Eff. April 1, 2010; July 18, 2008; Transferred from 14A NCAC 09H .0321 Eff. June 1, 2013; Amended Eff. March 19, 2015.
Griff Griffin
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David Bidwell
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avin
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Eric
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Zak Kjolsing
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Saying the 75 bucks will be added to my rent after going to court with them about eviction since she hadn't updated the financials even after the court date. According to her attorney she received the checks, according to her night before she didn't and day of said couldn't cash until verdict in a settlement which was to send in accumulative of both checks before the first which I did.
She is targeting tenants deliberately
lizeth hamlett
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Raynalyn Longa
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Sixto morales
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Steve
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Alan Palider
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venesssa
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THE TOWING COMPANY SAID A SPECIFIC OBSERVED TIME WAS THE DAY AND TIME THEY SAID, BUT I'VE BEEN PARKED THEIR FOR 6 YEARS...WHY WASN'T I TOWED 6 YEARS AGO INSTEAD OF SEPT 22, 2015. WHAT THEY JUST OBSERVED SOMETHING THAT WAS IN PLACE 6 YEARS AGO(I would think this obervation time towing stated would be against the law)...SHAME ON YOU WESTERN TOWING A VILLA GRANDE APARTMENT COMPLEX....I'VE BEEN TENANT FOR 7 YEARS, SHAME, SHAME SHAME!
MS. VENSSA
UNITED STATES OF AMERICA CITIZEN AND PROUD OF IT!!!
Anonymous
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Jerry
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ryan
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nicci
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Gene
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JIM
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MY TRUCK WAS TOWED, AND I WAS NEVER GIVEN ANY DOCUMENTION OF THE TOW COMPANY WHO HAD IT. nO CERTIFIED MAIL, NO REG MAIL.
IT WAS ACTUALLY STOLEN FROM ME BY LAWLERS TOWING IN RIVERSIDE COUNTY LAST mAY 7, 2015. mY FRIEND RAN A CAR FAX ON MY TRUCKS VIN NUMBER TODAY AND MY TRUCK WAS NEVER SOLD AT ANY LIEN SALE. oN JULY 16TH MY TRUCK WAS REGISERED TO A PERSON LIVING 5 MINUTE FROM ME. THE COP WHO HAD IT IMPOUNDED IN MAY REALLY LIKED MY TRUCK. i WAS TICKETED MAY 7TH AND HAD A COURT DATE. TWICE THAT COURT DATE HAS CHANGED. NOW IT IS SEPT 9TH, 2015. SOMETHINGS VERY WRONG HERE.
ANY ATTORNEY OUT THERE WANT TO HELP ME WITH THIS?
Ke'jon Daniels
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Tyler benefiel
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Anonymous
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Anonymous
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California
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Alabama
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California
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