La. Admin. Code tit. 55 § I-1927

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1927 - Inspections by the Department

A. Investigations

1. The department is responsible for the effective regulation of vehicle towing, recovery and storage businesses in Louisiana. Applicants seeking or issued a tow truck license plate or a storage inspection license shall be subject to background investigations to determine eligibility.

2. The department may require a licensee to submit records, invoices, documents, etc., as necessary to complete an investigation.

3. Tow truck and storage facility owners or operators have a continuing obligation to inform the department in writing of any legal action taken against them that may affect eligibility to possess a tow truck license plate or a storage inspection license.

B. Inspection of Records, Invoices, Documents

1. Place of Business; Tow Trucks; Storage Facilities

a. Anytime during regular or normal business hours or when staffed; a business location, vehicle storage yard or facility and the premises of a tow truck owner or tow truck operator shall be subject to inspection by the department, with or without advance notice, to promote compliance with the provisions of this Chapter.

b. Tow truck operators, towing services, storage facilities, their employees or agents shall render full cooperation and courtesy to department officers.

c. Department officers are authorized to enter upon any property and perform inspections of towing facilities, storage facilities or tow trucks licensed or subject to licensing pursuant to this Chapter.

d. Tow trucks may be stopped and inspected at anytime while being operated on a public roadway to promote compliance with the provisions of this Chapter. Tow trucks transporting a vehicle where the owner or operator of that vehicle is present or when the driver provides a previous inspection report conducted within the last 24 hours shall not be delayed for an inspection unless there is an obvious safety violation. Inspecting officers shall consider the safety of passing motorists, the operator of the tow truck, and themselves when selecting an inspection location.

2. Records

a. Upon request, a licensee shall make available to the department all required information and records and provide copies, as deemed appropriate by the department.

3. Other Law Enforcement Agencies

a. Law enforcement officers, within their jurisdiction, may inspect towing or storage businesses' records as part of an investigation during normal business hours.

4. Tow Truck Repair and Maintenance

a. Every tow operator or towing service shall systematically inspect, repair and maintain or cause to systematically inspect, repair and maintain all tow trucks and tow equipment subject to their control.

b. A tow truck owner or operator shall not operate, or allow or permit the operation of a tow truck in such a condition as to likely cause a motor vehicle crash, vehicle breakdown or malfunction.

5. Tow Trucks Declared Unsafe for Operation

a. Out-of-Service Criteria

i. Department officers shall declare and mark "out-of-service" any tow truck which, by reason of its mechanical condition or loading, would likely cause a motor vehicle crash or a breakdown.

ii. Department officers may place any tow truck out-of-service when such tow truck is found to be in need of repair to safely operate or an out-of-service violation exists as enumerated in the Commercial Vehicle Safety Alliance, Out-of-Service Criteria, revised January 1, 2004, or as amended hereafter.

iii. Department officers may place any tow truck driver out-of-service when such tow truck driver is found to be unqualified or unfit to drive or an out-of-service violation exists as enumerated in the Commercial Vehicle Safety Alliance, Out-of-Service Criteria, revised January 1, 2004, or as amended hereafter.

iv. A tow truck driver or tow truck that has been placed out-of-service shall remain as such until the required repairs are made and the condition is corrected and no longer exists.

6. Driving after Being Declared Out-of-Service

a. Drivers

i. No tow truck operator who has been declared out of service shall operate a tow truck or commercial vehicle until the driver may lawfully do so.

b. Tow Trucks

i. No tow truck owner or tow truck operator shall require or permit any person to operate nor shall any person operate any tow truck declared out-of-service until all repairs required by the out-of-service notice have been satisfactorily completed.

c. Penalty

i. Any tow truck owner or tow truck operator violating the provisions of Subparagraph B.6.a (drivers) of this Section shall be fined no less than $250 and no more than $500

ii. Any tow truck owner violating the provisions of Subparagraph B.6.b (tow trucks) of this Section shall be fined $500.

La. Admin. Code tit. 55, § I-1927

Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:859 (May 2006), amended LR 40:799 (April 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.