| The following are some of the more common laws | | | | motorist called. California law provides for penalties |
| that some towing companies violate. We all know | | | | against tow drivers who engage in this activity. This |
| that sometimes it seems there are just to many | | | | activity puts consumers at risk because they have |
| laws, but also we are glad that most of these laws | | | | no way to quickly ascertain weather this is a properly |
| exist because they are protecting us from harm. Our | | | | licensed, and insured company or not. It is also risky |
| intent here is to educate the general public about | | | | from the stand point of how many tow trucks would |
| illegal practices by some towing companies that can | | | | be stopping and then pulling back out into traffic if |
| be harmful to the public in general. This information is | | | | this practice was legal. There is also a level of safety |
| not to be taken as legal advise as laws change and | | | | provided to the public by not allowing just any guy in |
| vary by area. Our area of expertise is southern | | | | a tow truck to stop and try to sell you on his |
| California. The level of harm to the public can range | | | | service. Imagine how intimidated your wife or |
| from wrongfully towed vehicles to uninsured tow | | | | daughter might be if some big dirty guy stopped and |
| drivers and even to crimes against customers | | | | really wanted to get that tow. |
| physically. At the end of this article will be some tips | | | | Storage rates and payment options as well as hours |
| that can be followed to reduce the risk of exposure | | | | of operation of storage facilities are mostly governed |
| to these illegal tow practices. | | | | by law. Of course the laws are for consumer |
| The most common complaint heard from the public in | | | | protection but still do allow for free enterprise and |
| my experience is "my car was towed without proper | | | | the making of a profit. Most people who have their |
| cause", followed by "something was stolen from my | | | | vehicles impounded would say that the rates charged |
| car while it was being towed". Other issues that | | | | are excessive, and consumers frequently feel ripped |
| come up are disputes over damage to a towed | | | | off. There is a logic to that, and it generally goes |
| vehicle, disputes about price fairness or changes in | | | | something like this " If I called 3 or 4 companies and |
| price after the vehicle was towed. Sometimes people | | | | asked how much it would cost to tow my car 4 |
| will be approached by a tow driver and they think he | | | | miles and store it 1 day, I could get a lot better |
| is the driver that they called, when in fact he's not. | | | | price", however that will not help get money |
| Storage rates are another area of common dispute. | | | | refunded. The only way to get money refunded is if |
| Tow drivers are sometimes not properly licensed to | | | | you can prove that the towing company violated the |
| drive the type of tow truck that they are driving. | | | | towing laws. Companies that make a practice of |
| Lets explore these individual issues one at a time and | | | | abusing consumers in this way are usually good at |
| see just what is going on out in the streets. | | | | knowing what is impossible or impractical for a |
| Starting with the popular issue of vehicles being | | | | consumer to prove. |
| towed wrongfully we have to say there is some | | | | Now lets look at the driver of the tow truck that will |
| grey area. The laws in California allow for the | | | | come to rescue you. In California the DMV requires a |
| impounding and removal of illegally parked vehicles on | | | | special drivers license for certain types of commercial |
| both private and public property. Most of the | | | | drivers. Tow companies need some drivers with DMV |
| disputes will arise out of private property impounds | | | | commercial licenses and some drivers may not need |
| such as apartment complex's, shopping centers, | | | | special licenses. Furthermore some police agencies or |
| business centers and similar. When parking is difficult | | | | motor clubs may have special requirements that |
| to find people get impatient and creative. By law | | | | private party towing doesn't. This creates a tempting |
| signs are required to notify you of the possibility of | | | | situation to an unethical company when they are |
| impound and towing, but they aren't required over | | | | short on commercial licensed drivers or drivers with |
| every space. The California laws are currently not | | | | the special qualifications to do the job properly and |
| interpreted the same by all. The area of dispute | | | | legally, and may have a driver available who can drive |
| arises on parking lots for the general public. | | | | the truck but is not properly licensed to do so. An |
| Some areas are towing vehicles with out waiting the | | | | unethical company will send the unqualified driver out |
| required 1 hour period in a public lot, while others you | | | | just to get the job. |
| can get away with parking illegally for 1 hour. Not all | | | | As of the writing of this article tow truck drivers in |
| areas have the same interpretation of what a public | | | | California do not need any special license or training |
| lot is. Many impounds in private lots such as a gated | | | | as long as they do not tow more than one trailer and |
| apartment complex come from people thinking they | | | | no more than 26,000 pounds total weight of all |
| can just run in for a second while parked illegally. | | | | vehicles, that includes passengers and any thing else |
| Beware, your car can be hooked up and leaving | | | | that may be in the vehicles. This means that almost |
| faster than most people can drink a soda. Towing | | | | every passenger car and family vehicle falls into this |
| and impound fees are steep, usually starting at | | | | category. There is no legal requirement to |
| around $250. if you follow your car and retrieve it | | | | background check or drug test tow drivers. This |
| right away. Most apartment complexes require people | | | | means companies are free to hire convicted felons, |
| to list their car plate number on their lease and even | | | | or who ever they want. Now for the good news, |
| a friend you allow to use your spot can be towed. | | | | some police agencies and motor clubs do ask for |
| Some companies are overly aggressive and do not | | | | drivers to meet some type of requirements for their |
| follow the laws for impound towing and it can be | | | | tows, but enforcement is weak. Any quality tow |
| next to impossible to prove that they violated the | | | | company will drug test and background check their |
| law. | | | | drivers as well as insure that the driver is well trained |
| The next issue we will discuss is theft of personal | | | | and properly licensed for the truck and tow job they |
| property while in the towed vehicle. Any time a | | | | are performing. A quality tow company will also have |
| vehicle that is unattended by the owner, and several | | | | moral values and want their clients to be safe, thus |
| other people have access to it, there stands to be | | | | they would not hire a person convicted of a major |
| possibility of property theft. The more valuable the | | | | crime. |
| items are and the smaller they are the more likely to | | | | Now that you can see the many ways an unethical |
| be stolen. Items that would be common items to | | | | tow company can put you, your family, and the |
| disappear might be cameras, cell phones, ipod's, lap | | | | general public at risk of harm lets look at some things |
| top's, money, CD's, and stereo equipment. Not all tow | | | | you can do to reduce the risk of harm. |
| companies have required background and drug | | | | 1. Ask the phone receptionist a few questions. Do |
| testing to reduce the likelihood of theft. Not all tow | | | | you background check all your employees and refuse |
| companies are reputable companies. | | | | to hire those convicted of major crimes? Do you do |
| Towed vehicle damage is another area consumers | | | | regular random drug testing on all employees? Do |
| can be hurt. Damages to a vehicle can occur when | | | | you require all drivers to be certified by some |
| equipment is not properly maintained. Companies that | | | | industry recognized training program such as CHP |
| have little regard for the laws that regulate towing | | | | training or Wreckmaster before driving for you? Do |
| equipment will buy chains, cables, and hooks that are | | | | you quote an accurate total price prior to doing the |
| not rated as required by law because they are | | | | tow? Is your company a member of any trade |
| cheaper. Those same type of companies are apt to | | | | associations? Does the receptionist answer your |
| hire less experienced or poorly qualified drivers and | | | | questions politely or seem aggravated by your |
| may not have any training programs in place to | | | | questions. Obviously the aggravated one is the one |
| educate drivers on safe practices. | | | | to avoid. |
| While there is not much for options when you don't | | | | 2. Have you seen what this company's trucks or |
| think the price is fair, know this, it is fraud to tell | | | | employees look like? The unethical and undesirable |
| someone a cost for a service and then change the | | | | companies will usually neglect appearance of vehicles, |
| cost after the consumer is obligated, without proper | | | | equipment, and employees. Another thing to make |
| grounds. Any quality company is going to want your | | | | note of if you have seen the employees in action is |
| repeat business and will rely on a good reputation and | | | | their language, attitudes, and professionalism. These |
| will not practice this type of deceit. Note that there | | | | are all hints as to what type of company you are |
| are legitimate reasons for changing the price such as | | | | dealing with so be observant. |
| the client failed to inform the tow company of an | | | | 3. Ask the driver upon arrival and before they hook |
| important fact like the car has no tires. That being | | | | up your car what the charges will be so there is no |
| said here is the some what unique situation in the | | | | misunderstanding of the charges. Remember once |
| towing industry. If the client doesn't pay for the tow, | | | | they hook up your car and there is a dispute they |
| the tow company can impound the car, and to get it | | | | can impound the car if you don't pay what they ask. |
| back you would have to pay the original tow plus | | | | Do not leave any valuables in the vehicle once you |
| towing to their impound yard and storage fees. A | | | | leave it. |
| non reputable tow company might practice quoting | | | | 4. When parking, always obey parking rules even on |
| low pricing then try to add extras or even flat out | | | | private property. When parked always hide and |
| dispute what was quoted, then threaten impounding | | | | secure if possible any valuable personal property. |
| if the client doesn't comply. | | | | Don't take chances and park illegally even for just a |
| California laws prohibit tow companies from stopping | | | | minute. |
| at a stranded motorist situation for the purpose of | | | | 5. Never accept a tow from a driver that stops to |
| soliciting business. It is a common practice though for | | | | solicit, it is an illegal practice and no quality company |
| some companies to stop and try to solicit, and even | | | | will be out there breaking the law on purpose. Note |
| when the motorist advises that they have a truck on | | | | that it is legal for a driver to stop if he is waived |
| the way some will try to offer a better price to get | | | | down, so if you are in an unsafe or dangerous place |
| the job. Some drivers have even just not told the | | | | you will need to signal a driver to allow him to legally |
| motorist that they are not the company that the | | | | stop. |