STO Alert! - Latest TDLR Interpretations of Towing & VSF Laws

TDLR has recently looked at three common industry practices and determined that they ARE IN VIOLATION of our statutes. The three industry practices are:

• Providing notary service at the VSF for a fee
• Performing vehicle re-locates without vehicle owner’s permission
• Requiring proof of insurance for vehicle release when instructed to do so by Law Enforcement

Notary service: You cannot charge for notary service at the VSF, even if the notary fees go to the individual notary and are not retained by the VSF. You can still provide the notary service if you choose, but you CANNOT charge for it. This reverses an earlier TDLR interpretation that allowed the individual notary to charge for the service as long as the money went directly to the individual notary and not put on the credit card with tow and VSF fees.

Vehicle relocates (for parking lot re-striping or construction, etc,): There is nothing in the statute that allows a tow operator to move a vehicle without the owner’s permission. If the vehicle is parked illegally (with proper notice and signage), it can only be moved to a licensed VSF for impound.

Proof of insurance: Even if instructed by law enforcement, you CANNOT require proof of insurance in order to release a vehicle. However, proof of insurance CAN be used by the vehicle owner as proof of OWNERSHIP for release.

You can watch the Towing, Storage and Booting Advisory Board meeting of December 3, 2014 to hear the discussion on these items. Go to http://www.tdlr.texas.gov/towing/towingboard.htm#meetings to view the recorded meeting.

Join the discussions on these latest interpretations and more at Southwest Tow Operators' Forum: http://swtowop.org/index.php/forum/7-administrative/101-tdlr-s-newest-interpretations-of-towing-vsf-laws .

Dom’s Wrap-A-Wreck

Dom’s Wrap-A-Wreck is located in Mountainside, NJ and has been in business for 6 years and is a member of Southwest Tow Operators. We are sellers of our Wrap-A-Wreck High Quality Self-adhesive film. It comes in Clear 3 Mil and 4 Mil thicknesses. We carry 18” and 36” widths and 100ft and 200ft lengths.

Our film is true thickness film. It has extended UV Protection and a high tack adhesion system that does not break down in the rain. It is a puncture resistant film. Our film with its special adhesive is easily applied and removed. It is ideal for use at accident sites, many towing companies charge for the protection which increases their profits. Satisfaction is 100% guaranteed,

I stand by my film which I believe is of high quality and reasonably priced or your money back. There are many films on the market but I believe my product is of the Highest Quality. Try our product and you won’t be disappointed. Use the code (welcome) when ordering and receive 5% off your entire order. It is made in the U.S.A.

You can order online at www.domswrapawreck.com or contact us toll free at 1(877)366-7972. You can also email us at dom@domswrapawreck.com.

A Letter from Automatic Data Processing

Dear Valued Member,

My name is Patrick O’Neill (ADP District Manager) and I want to personally thank you for your participation in the Southwest Tow Operators Association. As a member, you have access to special products, services, and promotional opportunities in various regards.

Automatic Data Processing, Inc. (ADP®) is one of the largest providers of business outsourcing solutions – including human resources, payroll, tax and benefits administration – to both employers and automotive dealerships around the world. We build personalized solutions that can fit your organization’s unique goals and increase your productivity. We serve approximately 570,000 organizations in more than 125 countries, including nearly 400,000 small-businesses. Over 80 percent of FORTUNE 500 companies and more than 90 percent of FORTUNE 100 companies use at least one of ADP’s services. Partnering with ADP means you get solutions with the latest HR technology – so you can focus your limited time and resources on your people and your goals, not back-office administration. We invest more than $600 million every year to develop and enhance the services that can help you run your organization better.

As a business owner you know that running a business takes hard work, dedication, and the right team members by your side. I myself have been made available to you as human capital management consultant to help your business in three main categories. Those three areas of your business are helping you make smarter use of financial resources, engage the right team members, and mitigate risks that can cripple any organization. The towing industry faces an increase in regulations as well as growth opportunities every day. By partnering your business with ADP you are able to stay ahead of the competition, greatly reduce risk of fines by government collection agencies (IRS, TWC) and attract/retain the best talent to support growth for the business.

As a member of the Southwest Tow Operators you have been given access to ADP’s industry leading services at a discounted rate of 30%. Please do not hesitate to reach out to either myself or the association for any additional information regarding this notification.

Best Regards,

Chris Brian was awarded a Letter of Commendation

Killeen: Local Police Plan Special Traffic Enforcement

KILLEEN (September 24, 2014) Killeen police officers with the special operations unit will be set up in areas around the city looking for drivers who are illegally pass emergency vehicles stopped on roadsides.

Texas law states drivers should slow down to 20 miles per hour less than the posted speed limit, or move to another lane if emergency vehicles are parked on the side of the road.

The purpose of the law is “to protect service workers and emergency workers from being killed from car crashes," Department of Public Safety Trooper Harpin Myer said.

Myer says he’s had his share of close calls during traffic stops when passing vehicles nearly hit him.

"A pickup truck went by with large mirrors and nearly hit me at a traffic stop," he said.

"I was completely halfway into the grass or shoulder and apparently the driver fell asleep and swerved onto the shoulder and missed me about two or three inches so that was pretty scary."

Myer said drivers should slow down or move over when the lights are flashing for police vehicles, fire trucks, ambulances, Texas Department of Transportation vehicles and tow trucks.

Anyone caught violating the law could be fined as much as $500, and even more if someone is injured.

The Law

545.157 Passing Authorized Emergency Vehicle.

The Texas State Law states - (a) on approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:
(1) Vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or
(2) Slow to a speed not to exceed:
(A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more;
(B) Five miles per hour when the posted speed limit is less than 25 miles per hour.
(b) a violation of this section is:
(1) a misdemeanor punishable under Section 542.401;
(2) a misdemeanor punishable by a fine of $500 if the violation results in property damage: or
(3) a Class B misdemeanor if the violation results in bodily injury.
(c) if conduct constituting an offense under this section also constitutes an offense under section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.