La. Admin. Code tit. 55 § I-1947

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

Section I-1947 - Law Enforcement Tow Truck Rotation List

A. Establishing a Rotation List

1. Louisiana law enforcement agencies may establish a rotation list of Louisiana towing companies using boom and/or slide back tow trucks and facilities licensed in accordance with the provisions of R.S. 32:1711 et seq., and rules and regulations promulgated herein.

2. Towing companies selected by a law enforcement agency to participate on their rotation list shall participate at the discretion of the law enforcement agency and may be removed for any violation of law, agency rule, or policy.

3. When a law enforcement officer determines that a motor vehicle must be towed, the law enforcement officer shall give the owner or operator of the motor vehicle the option to select a properly licensed towing company to tow his vehicle. If the owner or operator of the motor vehicle is unable to select a licensed towing company, chooses not to select a particular licensed towing company, or an emergency situation requires the immediate removal of the vehicle, the next available licensed towing company on the approved law enforcement rotation list shall be called by the law enforcement officer to tow the vehicle.

4. The towing company selected by the owner or operator of a vehicle or law enforcement agency shall be allowed to respond within to the call within 45 minutes. If the towing company fails to arrive within 45 minutes, the law enforcement officer may select the next available towing company from the approved rotation list.

5. Towing and storage facilities storing a vehicle that has a law enforcement hold, and the law enforcement agency requesting the hold, shall comply with R.S. 32:1735.1. Law enforcement agencies requesting to extend the hold beyond the initial 14 days shall submit the request in writing, on the agency's letterhead, to the storage facility. This request shall be kept on file at the facility and must contain the following information:

a. the name and contact information of the officer requesting the hold;

b. the name of the vehicle's owner, if available;

c. the license plate number with state of issue and vehicle identification number;

d. the year, make, and model of the vehicle

6. No law enforcement officer shall recommend to the vehicle owner or operator a specific tow company to conduct a tow. All tows shall be referred to the law enforcement rotation list or the authorized contractor for the law enforcement agency. When the owner or operator exercises their option to select the tow company, such selection shall be duly noted on the tow invoice or the law enforcement record of the incident.

B. The following Paragraphs of this Section outline the minimum requirements for a towing rotation list and are to serve as a template for local law enforcement agencies to use at their discretion.

1. Every person, firm, corporation or other entity who participates in a law enforcement Tow Rotation Program, and is engaged in, or associated with the towing, removal or storage of any wrecked, abandoned, disabled or other designated vehicle, shall comply with the department's procedural orders and all applicable state laws, and administrative regulations governing the towing and storage of vehicles including, but not limited to, R.S. 32:1711 et seq., and LAC 55:I.1901 et seq.

C. Approved towing or storage companies shall:

1. have been in business as such in the zone for which they are applying, for a continuous period of 12 months, prior to filing an application to participate. Transfers or the inheritance of an established tow company may be exempt from this requirement if the new owner has the necessary experience and meets the minimum licensing requirements;

2. maintain a valid storage inspection license and not owe any outstanding fees/fines to the department;

3. provide 24-hour service on a 365 day per year basis;

4. provide for a maximum 45 minute response time from the time of notification, unless extenuating circumstances exist;

5. not be owned, operated by, or knowingly employ any person that operates tow trucks who has been convicted of a felony relating to auto theft, vehicle insurance fraud, burglary of a vehicle, possession of stolen vehicles or vehicle parts.

6. not contract for towing or storage services with any party not in compliance with this Part.

D. Application for Participation in the Tow Rotation Program

1. Application shall be made on the requisite department-approved forms.

2. Upon submission, the application shall be forwarded to the appropriate department representative, who shall review and determine compliance.

3. Authorization shall be withheld from any company not meeting the operational requirements of this order applicable state laws or administrative regulations. Upon a finding of compliance with the aforementioned requirements, the applicant shall be added to the towing rotation list. The original application and affirmation shall be maintained at the department.

4. A contract, approved and provided by the department, must be signed by the towing company annually, once suitability has been verified. Authorization shall continue unless terminated by the department head.

E. Operational Requirements of Tow Trucks

1. Debris from a crash, with the exception of medical waste, shall be removed by the tow truck driver, other towing company employees, or the towing company assignee. The officer should make every effort to ensure that the crash scene is safe and protected throughout the recovery process.

2. Authorized towing companies shall honor all hold orders of the department.

a. The release of a vehicle or contents shall be authorized by the department storing the vehicle.

3. An officer who is responsible for storing a vehicle shall complete a vehicle storage, wrecker request and inventory record form.

a. The towing company shall be furnished a copy of the report by the officer at the scene.

F. Tow Trucks, Operators, Business Facility, and Storage Requirements

1. Each tow truck and operator shall meet all operational requirements mandated for tow trucks in R.S. 23, 32, and 47 as well as LAC 55. All tow trucks in a business's fleet shall also be equipped with the following:

a. a heavy duty shop type broom;

b. at least one shovel;

c. at least one fully charged fire extinguisher that meets or exceeds requirements set forth in FMCSA 393.95;

d. at least two vehicle wheel chocks with anchor chains or hydraulic levelers (not required on car carriers);

e. search lights or adequate working lights;

f . hand held flashlight (charged);

g. a steering wheel tie down;

h. a minimum of 5 gallons of environmentally safe absorbent material;

i. emergency stopped vehicle warning devices;

j. at least one amber rotating or flashing beacon visible at night for 360 degrees at a distance of 1000 feet, under normal atmospheric conditions;

k. a current towing and recovery license plate and Louisiana MVI certificate;

l. have all dunnage and loose items on the bed secured.

2. All tow truck operators shall:

a. be an employee of the tow company whose services are being utilized;

b. possess a valid Louisiana driver's license of the appropriate class for the tow truck being driven;

c. be proficient with and have the necessary experience/training in vehicle recovery and towing;

d. be able to communicate in English;

e. wear a uniform shirt displaying the name of the towing company and driver;

f. wear appropriate footwear (no sandals or open-toe footwear);

g. wear an approved ANSI Class II or III reflective vest that is in good condition and fits the operator when working on or near the roadway during crash or vehicle recovery.

3. The business facility shall be equipped with communications equipment capable of providing direct contact between the department's dispatch and the company representative. The company representative must be able to maintain communications with the tow truck operator responding to a call. Citizen band radios and pagers are not sufficient equipment for this purpose.

4. Unless prior arrangements have been made with the department head, a business facility (or representative) must answer all phone calls for towing services at all times. Failure to answer any telephone call may constitute grounds for an immediate "one call" suspension from the rotation list.

5. The business facility shall be staffed and open Monday through Friday, from 8:00 a.m. to 5:00 p.m., excluding holidays. A representative from the company shall be on call for emergencies and an individual shall not be charged a gate fee or storage fees for being unable to retrieve their vehicle as a result of an action or omission from which the tow company would benefit.

6. The storage facility shall be of sufficient area to accommodate a minimum of 20 vehicles.

7. The storage facility shall be enclosed by a 6-foot fence or other physical barrier, either of which shall be sufficient to deter trespass.

8. The shared use of any facility for the storage of motor vehicles by more than one tow company is expressly prohibited.

G. Prohibition of Tow Trucks

1. No tow truck owner, agent, employee, or operator shall stop at the scene of a crash, disabled, or unattended vehicle for the purpose of soliciting business, either directly or indirectly; unless the owner or operator of said vehicle has specifically summoned the tow company or its employees or agents to such scene for towing or recovery purposes. Cruising highways for direct or indirect compensation is prohibited.

2. No operator shall, without the express authorization of the responsible investigating agency, move any vehicle from a public highway or street or from any public property when such vehicle is abandoned, stolen or damaged as a result of a crash.

EXCEPTION: Notwithstanding the conditions imposed in these rules, operators may, in emergency cases, move a vehicle involved in a crash, if the movement is necessary to extricate a person from the wreckage or to remove an immediate hazard to life and/or property. In no event shall the movement be more than is reasonable and necessary.

3. Operators shall respond to the scenes of police investigations only when called by the police or by the owner/operator of a disabled vehicle.

a. If tow truck operators are unable to respond when summoned by special request or upon request by the department, they must immediately notify the department and shall not summon a substitute. Repeated instances of tow company failing to respond may subject the tow company to removal from the rotation list.

b. If a tow truck arrives at the scene and is unable to provide the necessary services, the tow company must immediately notify the department. The tow company shall not summon a substitute unless the other tow truck is from the same company. The tow company may request the assistance of another authorized rotation tow company if needed. This request should be made and approved through the department's shift supervisor.

4. When called, the tow truck company (or representative) shall provide the availability of their services, in a relatively timely period, and without screening. Once availability is determined, more details should then be provided to the tow truck company (or representative).

5. If a tow truck company (or representative) refuses any request for a tow, without reasonable justification, that may constitute grounds for an immediate one call suspension from the rotation list for that class/type of wrecker. Numerous documented refusals may constitute grounds for longer suspension periods, including the possibility of permanent removal from the rotation list.

a. If, for any justifiable reason, tow truck operators are unable to respond when summoned, they must immediately notify the department and have themselves "inactivated" on the tow rotation and shall not summon a substitute. Repeated instances of a tow company failing to respond may subject the tow company to removal from the rotation list.

6. Interference with commissioned officers at the scene or failure to comply with the officer's instructions is prohibited. No tow truck owner, operator, or employee shall be required to follow a directive or order that is unsafe or beyond the operational standard or capacity of any equipment being used in cleanup or in the removing of the roadway hazard. If a tow truck owner or operator refuses to follow a directive or order because of an unsafe condition, no adverse action by a law enforcement agency shall be taken against such owner or operator including removal from any rotation list.

7. No tow truck operator shall require the vehicle's owner/operator to have his vehicle repaired by the towing company as a condition of the towing agreement.

8. No operator shall charge for service not performed or make duplicate charges.

9. No operator shall charge for services which are not itemized and documented on the invoice.

10. No operator shall make repairs or alterations to wrecked or disabled vehicles without prior authorization of the owner except for that which is necessary in an emergency to permit vehicle towing.

11. Operators must notify the department's dispatch before proceeding to any call from a motorist when the call may involve a crash or an impaired driver.

12. Operators shall comply with the provisions set forth in R.S. 32:1711 et seq., and LAC 55:I.1901 et seq., relative to the storage and release of motor vehicles.

13. No operator shall use any information obtained over a police monitoring device for the purposes of soliciting towing services.

H. Classification of Tow Trucks

1. Operational capacities of each tow truck must have a manufacturer's rating. The minimum standards of each tow truck shall be determined by the manufacturer's specifications for the capabilities and capacities of the tow truck and all towing equipment. Tow trucks shall not be permitted to haul any vehicle/cargo combination in excess of its rated gross vehicle weight (GVW) or class.

2. The following classifications are taken from the TRAA Vehicle Identification Guide: (The TRAA Vehicle Identification Guide refers to the slide back and tilt bed car carriers, as car carriers in the light and medium duty tow truck classes.).

a. Light Duty Tow Trucks (10,000 lbs. or less GVW-4 tires)

Class 1 vehicle	(6,000 lbs. or less GVW4 tires)
Class 2 vehicle	(6,00110,000 lbs. GVW4 tires)

i. The towing company shall own and maintain for service at least one light or medium duty tow truck or slide back car carrier.

ii. Operators of light duty tow trucks shall maintain equipment adequate to winch and transport vehicles weighing up to 10,000 pounds. The 10,000 pound maximum limit includes the towed vehicle's weight plus any cargo on board.

iii. Tow truck minimum qualifications:

(a). GVW rating of not less than 10,001 pounds as rated by the manufacturer. Tow trucks manufactured prior to 2007 shall have a GVW rating of not less than 10,000 pounds;

(b). minimum of 60 inches from rear of cab to center of rear axle;

(c). adequate service brake system for normal and adverse towing conditions;

(d). parking brake system separate from the service brakes maintained in proper working order;

(e). dual mounted rear wheels and tires.

iv. Boom and winch minimum specifications (bare drum):

(a). boom rating not less than 8,000 pounds;

(b). power winch rated not less than 20,000 pounds, dual winches must have a minimum of 150 feet wire rope per winch with a breaking strength of 21,000 pounds and 1/2 inch in diameter.

(c). at least 100 feet of wire or synthetic rope, except that a slide back and tilt bed carrier may have only 50 feet of wire or synthetic rope, with a minimum diameter of 3/8 inch, rated at a minimum of 12,000 pounds breaking strength.

v. Required accessories:

(a). dollies or supplementary wheels;

(b). minimum of 20 feet of chain complete with attached 5/16 inch diameter hooks of either high test or alloy quality;

(c). a minimum of 2 snatch blocks;

(d). towing sling or towing hitch rated to the capacity of towing vehicle.

vi. Car carrier qualifications:

(a). manufacturer's rated capacity of not less than 10,000 pounds GVW with a minimum of 102inches to center of rear axle from back of the cab;

(b). one power winch of not less than 8,000 pounds capacity;

(c). at least 50 feet of 3/8 inch cable, rated at a minimum of 12,000 pounds breaking strength;

(d). a 16 foot or longer hydraulically-operated sliding bed;

(e). a minimum of one snatch block.

b. Medium Duty Tow Trucks (10,00126,000 lbs. GVW-6 tires or more)

Class 3 vehicle	(10,00114,000 lbs. GVW-6 tires or more)
Class 4 vehicle	(14,00116,000 lbs. GVW-6 tires or more)
Class 5 vehicle	(16,00119,500 lbs. GVW-6 tires or more)
Class 6 vehicle	(19,50126,000 lbs. GVW-6 tires or more)

i. The towing company shall own and maintain for service at least one light or medium duty tow truck or slide back carrier.

ii. Operators of medium duty tow trucks shall maintain equipment adequate to winch and transport vehicles weighing up to 26,000 pounds. The 26,000 pound maximum limit includes the towed vehicle's weight plus any cargo on board.

iii. Tow trucks minimum qualifications:

(a). minimum of 72 inches from rear of cab to the center of the rear axle;

(b). four-speed manual or automatic transmission;

(c). adequate service brake system for normal and adverse towing conditions. Tow trucks with air brakes, air-assisted mechanical or hydraulic, or completely hydraulic brakes must have a transfer system capable of supplying air to the brake system of the tow truck;

(d). a separate parking brake system maintained in good working order;

(e). dual mounted wheels and tires, single or tandem rear axle.

iv. Boom and winch minimum specifications (bare drum):

(a). boom rating not less than 20,000 pounds;

(b). power winch rated not less than 20,000 pounds, dual winches must have a minimum of 150 feet wire or synthetic rope per winch with a breaking strength of 21,000 pounds and 1/2 inch in diameter.

v. Required accessories:

(a). dollies or supplementary wheels;

(b). at least 25 feet of 3/8 inch chain with 3/8 inch hooks attached, may be in 10 foot lengths and of either high test or alloy quality;

(c). at least 2 snatch block;

(d). towing sling or hitch rated to wrecker capacity.

vi. Car carrier qualifications:

(a). rated capacity of not less than 15,000 pounds with 102 inches minimum from rear of cab to rear axle;

(b). one power winch rated for at least 8,000 pounds;

(c). at least 50 feet of 3/8 inch cable or synthetic rope;

(d). an 18 foot or longer hydraulically-operated slide back and tilt bed;

(e). one snatch block, 8,000 pounds capacity.

c. Heavy Duty Tow Trucks (26,001 lbs. and over GVW-6 tires or more)

Class 7 vehicle	(26,00133,000 lbs. GVW-6 tires or more)
Class 8 vehicle	(33,001 and over GVW-10 tires or more)

i. The towing company may own and maintain for service at least one heavy duty tow truck in addition to at least one light or medium duty tow truck.

ii. Operators of a heavy duty tow truck shall maintain equipment adequate to winch and transport vehicles and vehicle combinations that weigh 26,001 pounds or more.

iii. Tow trucks minimum qualifications:

(a). minimum of 102 inches from rear of passenger cab to the center of the rear axle or bogie on tandem trucks;

(b). dual mounted wheels and tires on single or tandem axles;

(c). adequate service brake system, compressed air only, capable of controlling movement of vehicles under normal and adverse towing conditions and an air transfer system capable of supplying sufficient pressure to the brakes of the towed vehicle;

(d). a separate parking brake system, maintained in proper order.

iv. Boom and winch minimum specifications (bare drum):

(a). minimum boom rating of 50,000 pounds;

(b). power winch system with total, symmetrical capacity of 50,000 pounds;

(c). minimum of 200 feet of wire or synthetic rope per winch of at least 9/16 inch diameter and rated at breaking strength of 27,000 pounds.

v. Required accessories:

(a). at least 20 feet of 3/8 inch chains with hooks attached of either high test or alloy quality;

(b). at least 75 feet of auxiliary lines properly maintained and outfitted with the necessary transfer fittings;

(c). heavy duty truck towing hitch;

(d). at least 4 snatch blocks.

d. Hazardous material recovery and movers:

i. must meet minimum requirements of the class of tow truck that is required for the recovery, as mentioned in this order;

ii. must comply with LRS 32:1504 et seq.;

iii. must have nylon recovery straps;

iv. must have the necessary equipment to perform the services required in a safe and efficient manner;

v. all operators must obtain the minimum certification and training as required by OSHA and NFPA as well as any required annual re-certification. Proof of operator's certification may be checked by law enforcement officials at the scene of any hazardous materials incident.

I. Penalties for Towing Violations

1. The department's head or his/her designee shall investigate complaints alleging violation of state law, department policy and procedure (including Towing Guidelines and Operational Requirements).

2. A violation of the aforementioned may result in civil penalties being levied against the tow company as well as suspension or removal from the rotation list.

3. All complaints made against authorized operators shall be made directly to the department head or designee. Appropriate action may be taken by the department head.

a. Any tow truck owner may submit a written appeal to the department head requesting a review of the investigation and/or any suspension from the rotation list.

b. Review hearings will be held within 10 business days after a request is made.

4. Violations of these rules may result in penalties as follows:

a. a "one call" suspension for refusals or communication violations (non appealable);

b. first violation- a maximum of 15 days suspension from the rotation list;

c. second violation in 12 months- a maximum of 30 days suspension from the rotation list;

d. third violation in 12 months- a maximum of 60 days suspension from the rotation list;

e. fourth violation in 12 months- permanent suspension from the rotation list;

f. any violation of state law or parish municipal ordinance may be grounds for immediate suspension from the rotation list, and upon conviction, permanent exclusion.

J. Towing-Administrative Hearing

1. State law requires that the owner of any vehicle towed by a public agency shall have the right to an administrative hearing to determine if the towing of the vehicle was proper. The owner of the vehicle must make request for a hearing within 10 days of the date the owner was notified as per R.S. 32:1720. The purpose of the hearing is to determine the validity of the tow.

2. The designated department representative shall avail themselves to any person requesting such a hearing. These hearings may be as informal as a review of the circumstances surrounding the tow and a response to the inquiring party as to the department's determination.

La. Admin. Code tit. 55, § I-1947

Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:863 (May 2006), amended LR 36:546 (March 2010), LR 36:2580 (November 2010), LR 40:800 (April 2014).

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