page 29 of 29 86.705. Responsibilities of Towing Company--Standards of Conduct.(cont.)
(j) A towing company may not charge a fee for a nonconsent tow that is greater than the statewide fee or nonconsent tow fee authorized by Texas Occupations Code, §2308.2065.
(k) A towing company may not charge a fee related to a nonconsent tow unless that fee is authorized by the statewide fee or nonconsent tow fees authorized by Texas Occupations Code, §2308.2065.
(l) A towing company must keep record of every nonconsent tow including, but not limited to, the following information:
(1) vehicle description, including license or vehicle identification number, if available;
(2) a statement describing the reason for towing the vehicle;
(3) location vehicle towed from; and
(4) vehicle storage location.
(m) A towing company may not employ or contract with unlicensed persons required to hold a license under this chapter.
(n) Relocation from one area of a parking facility to another area on the same parking facility may occur if:
(1) Except in case of an emergency involving threat of imminent danger to property, signs complying with this section are installed in the parking facility a minimum of 72 hours preceding relocation.
(2) Each sign required under this subsection may be temporary and must:
(A) be mounted on a pole, post, wall or freestanding board;
(B) be at least 18 inches wide and 24 inches tall; and
(C) be installed so that the bottom edge of the sign is no lower than 6 inches and no higher than 6 feet above ground level.
(3) Each sign required under this subsection must contain:
(A) a red international tow symbol on a white background;
(B) a statement designating the areas which are temporary no parking areas and stating that vehicles parked in the designated area will be relocated to another location on the same parking facility; and
(C) the location where vehicles will be relocated, if known, or a telephone number, including area code, that is answered 24 hours a day to identify the location of a relocated vehicle.
(4) Each required sign must face and be conspicuously visible to a driver that enters the area of the parking facility from which vehicles will be relocated.
(5) Each required sign must be located:
(A) on the right or left of each driveway or curb-cut through which a vehicle can enter the area subject to relocation, including an entry from an alley abutting the facility; or
(B) at intervals along the entrance to the area subject to relocation so that no entrance is farther than 25 feet from a sign if:
(i) curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto the area of a parking facility subject to relocation; and
(ii) the width of an entrance to an area of relocation exceeds 35 feet.
(o) Upon request, the parking facility owner or agent must provide the contact information for the tow company responsible for the relocation.
(p) A peace officer is authorized to direct the relocation of a vehicle from one location on a parking facility to another location on the parking facility to further public safety. Source Note:The provisions of this §86.705 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective February 15, 2019, 44 TexReg 586
86.1000. Technical Requirements--Tow Truck Safety Equipment and Truck Operations.
(a) Each tow truck shall, if applicable:
(1) Have a legible manufacturer’s data plate indicating the capacity of the boom, the winch or the carry mechanism; or
(2) Have a document in the truck from the manufacturer stating the capacity of the boom, the winch and the carry mechanism.
(b) Every hydraulic line on each tow truck must be free of leaks and be in good working condition free of defects.
(c) The winch must not exceed the capacity of the boom or leak oil.
(d) The cables must be as specified by the manufacturer and be in good condition, within manufacturer guidelines. Source Note:The provisions of this §86.1000 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116
86.1001. Technical Requirements--Towing Operator Safety Clothing and Identification.
(a) Towing operators, as a condition of their license must comply with the protective clothing policy.
(b) Towing operators must wear a reflective vest, shirt, or reflective jacket at all times while working outside the tow truck; the reflective vest, shirt, or reflective jacket must meet the ANSI/ISEA requirements for high visibility safety apparel at all times when using or assisting in the use or operation of a licensed tow truck on a road or road related area.
(c) When performing towing operations, all tow truck operators must carry and openly display the appropriate TDLR issued original towing operator license.
(d) Towing operators permitted under §86.211 are exempt from the requirements of subsection (b). Source Note:The provisions of this §86.1001 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116
86.1002. Technical Requirements--Towing Company Records.
(a) General records to be maintained. Except as provided in paragraphs (1) and (2), every towing company shall maintain at a principal office in Texas all records and information required by the department.
(1) Texas firms. If a towing company wishes to maintain records at a location other than its principal office in Texas, the towing company shall make a written request to the department. A tow company may not begin maintaining records at an alternate location until the request is approved by the department.
(2) Out-of-state firms. A towing company whose principal business address is located outside the state of Texas shall maintain records required under this section at its principal office in Texas. Alternatively, a towing company may maintain such records at an out-of-state facility if the towing company reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted under these rules.
(b) Preservation and destruction of records. All books and records generated by a tow company must be maintained for not less than two years at the towing company’s principal business address. Source Note:The provisions of this §86.1002 adopted to be effective April 15, 2008, 33 TexReg 2940
Reference:
The Roadway Safety Foundation
Federal Highway Administration
US Department of Transportation
Texas Department of Licensing and Regulation
Responsible Driving by American Automobile Association
Drug and driving impairment Retrieved from Schaffer Library of Drug Policy
Driving and Alcohol Retrieved from West Virginia University-Alcohol Awareness
Seven keys to delivering great customer service – Super Service by Val and Jeff Gee
Commercial Driver's License Truck Driver Test by Mike Byrnes and Associated, Inc
Pass your theory and practical driving tests by Gibson & Hoole, Clive Gibson & Gavin Hoole