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IR 8039
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 'tell C*O AE�o V MR, To the Mayor and Members of the City Council ,oTt!��) PURCHASE AGREEMENTS FOR TOWING SERVICES November 19, 1996 Subject. PAGE 1 of 10 Ian Summary On October 22, 1996, M&C P-8136 relating to purchase agreements for towing services was delayed for 30 days by Council action. Council expressed a concern that some wrecker companies listed on the Police Department rotation wrecker list (up for contract renewal) had poor reputations for service and numerous complaints lodged against them. The Council also requested information from the Police Department regarding the following two issues: How does a wrecker company get on the rotation wrecker list and what is the criteria for removing a wrecker company that is on the rotation list. These two issues will be addressed first in a question and answer format. Question #1: 1. How do wrecker companies get on the list to contract with the City for wrecker service provided to the Police Department? Note: The entire Fort Worth City Code: Article V is attached. Answer: The rotation wrecker list was established by Fort Worth City Code: Article V; Section 34-187, which states in part: Sec. 34-187. Rotation list procedure; qualifications. (a) In order to expedite wrecker company, service, the chief of police is hereby empowered and directed to partition the city into zones for wrecker company service under a wrecker rotation list procedure and to assign wrecker companies to each zone. Such partition and assignment shall be made in a manner fair and impartial to all licensees and in a manner calculated to best serve the public. Notice of assignment of wrecker companies to any boundary lines of each zone shall be provided each licensee on such list. No su shall be assigned more than six (6) companies. such companies shall be assigned only to those zones in wh* Skill, 111, mqi wn Rv THE PITV MANAGER FORT WORTH TFYAQ INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 To the Mayor and Members of the City Council November 19, 1996 Subject-, PURCHASE AGREEMENTS FOR TOWING, SERVICES PAGE 2 of 10 1873 such company is physically located and/or to zones immediately adjacent to such location. (e) To implement such wrecker rotation list procedure, the police department shall maintain a master list, which list shall identify such zones and the names of such companies, arranged in alphabetical order, assigned to each such zone. No wrecker company shall be placed upon such list unless such company has otherwise complied with the provisions of this article, and further: (1) Has been issued a license as provided in section 34- 180; (2) Has applied to be on such wrecker rotation list; (3) Maintains twenty-four-hour wrecker service. (4) Has at least one (1) wrecker not less than three- quarter ton in size, equipped with a power-operated winch, winch line and boom, in addition to the minimum requirements for wreckers required in section 34-183; (5) Has at lease two (2) wreckers in operating condition at all times; (6) Has an established uniform fee for each service rendered standard passenger automobiles and trucks (one (1) ton maximum) Section 34-187 establishes the authority to create a rotation wrecker system and qualification requirements. A pertinent qualification is stated in paragraph (e) subparagraph (1) : Has been issued a license as provided in Section 34-180. Section 34-180. License or permit. Required to engage in business, states in part: (a) No person having a wrecker business located in the city shall engage in the wrecker business performing. consent tows on the street of the city unless a wrecker business license has been issued to the owner of such wrecker company. (b) No person shall engage in the wrecker business performing nonconsent tows on the streets of the S E C R["T AR V' unless a wrecker bu'siness license has been issue R. WORTH,, lilll.j ISSUED BY THE CITY MANAGER FORT WORTH.TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 . TER rb To the Mayor and Members of the City Council November 1 1996 Subject: pURCE[ASE AGREEMENTS FOR TOWING SERVICES PAGE 3 of 196 the owner of such wrecker company. This subsection applies without regard to the place of business of the owner of such wrecker company. Guidelines for applying for the wrecker business license is outlined in Section 34-181, as stated in part: Sec. 34-181. Same - Application. Any wrecker company desiring to engage in the wrecker business in the city, or any vehicle repair business or automobile club desiring to have a licensed wrecker company act as its authorized agent to provide wrecker service on its behalf on all calls concerning wrecked or disabled vehicles, shall make known its desire in this regard in writing to the chief of police, the procedure to be as follows: (1) The person desiring to engage in the wrecker business shall make application in writing on a form provided for that purpose, to the chief of police for a license to engage in the wrecker business and for an inspection certificate for each wrecker proposed to be operated, and such application shall contain the name, address and telephone number of the wrecker company, the number and types of wreckers to be operated, the true owner of the company concerned, and a statement that the applicant does or does not desire to appear on the wrecker rotation list. (2) A person owning a vehicle repair business or an automobile club desiring to have a wrecker service furnished on his behalf by a licenses wrecker company on all reports concerning wrecked or disabled vehicles, shall direct a letter of authorization to the chief of police naming a licensed wrecker company as that person's authorized agent. Upon receipt of an application for a wrecker business license, the Auto Pound Wrecker Administrator conducts inspections of the wreckers, criminal history checks and determines if-,t)ae-Applica, has delinquent taxes. C I A L R E(]A�1!10 part: See. 34-183 . Same - Issuance; restrictions. CITY SECRETARY A (a) The chief of police shall issue a license to el R wrecker business to all applicants complying w 1 h the provisions of this article and shall issue an inspection certificate for each qualified wrecker of each licehsee. No license authorizing the operation of a wrecker business and ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 TE To the Mayor and Members of the City Council November 19,1996 X Subject: PURCHASE AGREEMENTS FOR TOWING SERVICES PAGE 4 of 10 1873 no inspection certificate authorizing the operation of a wrecker on the streets of the city shall be issued: (1) Unless every wrecker proposed to be used by the applicant complies with the following minimum requirements: a. Each wrecker shall not be less that one-half ton in size. b. Each wrecker shall be equipped with a power-or hand-operated winch, winch line and boom, with a factory-rated lifting capacity (or a city-tested capacity of not less than five thousand (5, 000) pounds, single line capacity. C. Each wrecker shall carry as a standard equipment: tow bar, safety chains, a fire extinguisher, wrecking bar, broom, axe, shovel, flags and flares. d. Each wrecker shall have inscribed on each side thereof in letters not less than three (3) inches in height, the name and address of the licensee. (2) Unless the applicant shall deposit with the chief of police certificate(s) of insurance documenting the fact that the applicant has in effect a policy or policies of insurance which provide minimum limits and types of coverage as required by this ordinance (section) , which shall be the same as the requirements mandated by the Texas Railroad Commission for the operation of tow trucks, as may be amended from time to time. (3) If any delinquent taxes are due the city by the wrecker company. (4) If the applicant has been convicted of or is currently under indictment for a felony or other offense involving moral turpitude. (b) Wrecker operators as well as wrecker company owners shall be required to file for a permit to engage in the wrecker business. When the Auto Pound Wrecker Administrator completes all OFFICIAL, RO inspections and background checks, the following fees ar collected: CITY SECRETARY1 FT 1, ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 To the Mayor and Members of the City Council November 19, 1996 Pex Subject: puRcHAsg AcREEmENTs FOR TowING sERVICES PAGE 5 of 10 yen See. 34-182 . Fees. (a) The annual fees applicable to this article are as follows: (1) Wrecker business license $200. 00 (2) Rotation list service charge $250. 00 (3) Inspection fee (per wrecker) $ 30. 00 (4) Driver permit fee (per driver) $ 50. 00 (5) Letters of authorization filing fees (annual renewal not required) $ 30. 00 (b) No fee payments shall be returnable. (Code 1964, 39-7; Ord. No. 10033, 3, 12-22-87; Ord. No. 10634 , 1, 7-12-90) If the wrecker company and its operators meet all the above requirements or qualifications and pays the applicable fees, a wrecker business license and an inspection certificate is issued to the wrecker company and operator. The issuance of the license/certificate is accomplished by ARTICLE V guidelines. Upon issuance of a license and the written request by the wrecker company owner to be placed on the rotation list, the Auto Pound Wrecker Administrator places the wrecker company on the rotation list, if there is a vacant position and the rotation list service fee is paid. There is a maximum of 24 wrecker companies on the rotation list based on the zoned areas. A total of four with a maximum of six wrecker companies per zone. There are wrecker companies waiting to get on the rotation list. Question #2 What are the criteria used to remove or suspend a wrecker company from providing this service? ............. Answer: UU,'HOM RE(,'IRD Section 34-184. Same- Revocation; appeal, reissue of rev license. "IG "'I TEX (a) After an administrative hearing, the chief of may revoke the license of any licensee under this article on any of the following grounds: (1) If the license was procured by fraudulent conduct or false statement of a material fact or a fact ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS ............ INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 TE To the Mayor and Members of the City Council 51 z X 41 Subject: puRcHmE AGREEK&M FM Towlm SERVICES November 19, 1996 IST3 PAGE 6 of 10 concerning the applicant was not disclosed at the time of his making application; (2) If the licensee solicits any business in violation of the provisions of this article; (3) If the licensee solicits any business in violation of the provisions of this article; (4) If the licensee fails to deliver a vehicle directly to the location within the limits of the city as designated in writing by the owner of a vehicle or the police department at the scene the vehicle was disabled. However, this provision shall not apply when it is necessary to remove a vehicle to its ultimate destination by two (2) separate tows, and no charge is levied for both pulls which is greater than the amount provided in section 24. 187 for a single tow-in from one point on a street to another location within the limits of the city; (5) If the licensee has violated the fee schedule by overcharge or has violated any of the rules and regulations established by the chief of police. violation of the following two sections would also provide justification for revocation of the wrecker business license. See. 34-194. Inspection certificates. No person subject to the license requirements of section 34-180 shall operate a wrecker on the streets of the city unless an inspection certificate for such wrecker has been issued by the chief of police, which certificate shall be affixed securely to the inside of the windshield of such wrecker and displayed at all times. Sec. 34-188. Removal of debris from accident scene. 'r 1 C,I A L Each wrecker company called to the site of an accident shat I CITY completely remove from the street all resulting wreckage or debris, including all broken glass, but excluding truck or vehicle cargoes, before leaving the site. (Code 1964, 39-13) Sanctions on wrecker companies are relegated by ordinance to revocation of the wrecker business license. As set out in the ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 TE To the Mayor and Members of the City Council 0 November 19, 1996 X Subject: PURCHASE AGREEMENTS FOR TOWING SERVICES 1873 PAGE 7 of 10 wrecker ordinance, revocation of the wrecker business license would in effect prohibit a wrecker company from conducting business within the city of Fort Worth. If this approach was taken to remove a wrecker company from the rotation system; it may be unconstitutional, as a prior restraint of trade. In researching this matter we discovered that Auto Pound personnel had recently received a copy of proposed legislation in the form of a U.S. Congressional House Bill. The copy of this bill was provided to Auto Pound personnel by the Texas Department of Transportation (TxDOT) . The bill showed some major changes in the federal statute governing intrastate transportation. We researched this proposed legislation and found that the bill had passed effective January 1, 1996. The Police Legal Advisor researched and pulled the statute as passed: 49 U.S.C. S 14501. It was significantly different from the proposed bill. This statute states in part: Sec. 14501. Federal authority over intrastate transportation. rr a MOTOR CARRIERS OF PROPERTY (1) GENERAL RULE - Except as provided in paragraphs (2) and (3) , a State, political subdivision of a State, or political authority of two or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier (other than a carrier affiliated with a direct air carrier covered by section 41713 (b) (4) or any motor private carrier, broker, or freight forwarder with respect to the transportation of property. (2) MATTERS NOT COVERED - Paragraph (1) - (A) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization. (B) does not apply to the transportation of household ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS ................ ..........- INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 TE To the Mayor and Members of the City Council X Subject: PURCHASE AGREEMENTS FOR TOWING SERVICE November 19, 1996 1873 S PAGE 8 of 10 goods; and does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle. The federal statute seems to indicate the "political subdivisions" of a state, i.e. , cities, counties, are limited in their regulatory authority, to matters concerning the price charged by wrecker companies and then only for non-consent tows. Even states seem to be limited to regulating matters concerning safety, route, size and weight of the motor vehicles, the hazardous nature of the cargo and the amount of insurance required. The Police Department requested a legal opinion to determine if the new federal statute would have an impact on the current city wrecker ordinance. The Police Legal Advisor, Kevin Kapitan's opinion, with the concurring opinion of Assistant City Attorney David Yett, are attached. These opinions agree that Fort Worth City Code Article V S 34. 176, et al. is essentially preempted by the new 49 U.S.C. S 14501, ICC Termination Act. The entire licensing and permit scheme established in the ordinance has been gutted by the federal statute. The attorneys recommended a careful review of the ordinance and federal statute by the City Attorney and to coordinate our efforts in developing a system for non-consensual tows. The Police Department agrees with the Legal Advisor's recommendation for extensive review of the ordinance and federal statute to include the following areas: . 1. What part, if any, of the current wrecker ordinance is still enforceable? 2. can the City still require wrecker companies to comply with standards set by the City to get on or remain on the rotation list by ordinance? 3. Can the City require wrecker companies to comply with standards set by the City for the privilege of contracting ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 Tip w rFO To the Mayor and Members of the City Council U�S Subject: November 19, 1996 ! PURCHASE ACtLE[�1�'PS I?Q312 �CJWCI3G SERVICES PAGE 9 of 10 with the City to pull for the Police Department as depicted in the ordinance? 4. . Can the City require a fee from those wrecker companies operating within the city, to be paid in the form of a business license? Are the other fees legal? 5. Should the City rescind the wrecker ordinance and provide wrecker service strictly by contract? 6. Should the City establish set fees for non-consensual tows from private property? 7. Does the new federal statute preempt the current wrecker ordinance? s. Are there policy issues regarding wrecker service in the city that need to be established? The wrecker companies on the current rotation list have paid their fees, etc. , and their licenses are valid through December 31, 1996 . The Police Department has temporarily suspended collection of the fees until a determination is made on their legality. The Police Department is also in concurrence with the City Attorney's recommendation that enforcement of the current ordinance is not advisable due to the federal preemption problem. We have taken other actions to try and capture all the information possible by requiring the Offense Report Office to route a copy of any offense report involving a wrecker company to the Records Division Captain and any complaint registered against a wrecker company will be forwarded to the same Captain for immediate review. We also sought out as much information as we could find regarding what other agencies are doing in relation to the new federal statute. Dallas is working on a new ordinance. Houston and Los Angeles were unaware of-the existence of the changes to the federal statute and the City of Arlington is waiting to see how we address the federal issue. other Council Concerns; The concern was expressed by Council regarding failure of wrecker operators to clean up debris at accident scenes. This has been a universal problem among the different wrecker companies. At some point, most wrecker companies have failed to ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8039 To the Mayor and Members of the City Council 4, November 19, 1996 r X S Subject: PURCHASE AGREEMENTS FOR TOWING SERVICES PAGE 10 of 10 1673 clean up the scene or haven't removed the debris. Written notices of compliance were sent to all wrecker companies when incidents were brought to the attention of the Wrecker Administrator. These notices are attached per Councilman Silcox's request. Another concern expressed by council was that numerous complaints have been filed against a specific wrecker company and that wrecker company is still on the rotation wrecker list. The particular wrecker company in question has received several complaints along with several other wrecker companies. Two days after the Council meeting on October 22, 1996, the Administrative Services Bureau received an inter-office correspondence (forwarded by the Wrecker Administrator) from a neighborhood police officer depicting four separate allegations of threats, damage and assault had been filed against employees of this particular company in the past two years. The reports were pulled and reviewed by Deputy Chief Reagan, the damage report was made for insurance purposes and the other three cases were 0�0 refused by the Assistant District Attorney. There have been complaints of wrecker companies over charging on tows from private property (which is not regulated at this point) but tow charges can now be regulated by the City under the new federal statute for nonconsent tows which includes private property pulls. There have been complaints of rudeness and bad attitudes of operators for most wrecker companies., This is not addressed by ordinance or any law, therefore, the Police Department can not take action. The Administrative Services Bureau commander will review all incoming complaints against any wrecker company and take any and all action allowed by current law to address these complaints. A revised ordinance or appropriately regulated contract will allow the Police Department to address these issues. A.3obTe ell City Manager Attachment ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS .a°1tc-, FORT WORTH POLICE, DEPARTMENT � A. WRECKER ADM MSTRATION OFFICE W© 1301 E NORTHSIDE DRIVE FORT WORTH TEXAS 76102 (817) 071-5951 DATE: September 14, 1995 TO: All Rotation Wrecker Services Re: Rotation Wrecker Service Operations Requirements My command level has advised that I need to bring the following to your attention- A-- Clean-up at accident scenes is a law, do not just shove debris to the side of the road, place it in a trash container, required on each truck, and remove it from the scene_ Violations can result in a return call to the scene (at your expense) to finish the job and or citations being issued_ B_ The pound is filling up again and vehicle alignment has become a problem_ Impounded vehicles transported to the auto pound by rotation wrecker services shall be placed in assigned rows (exception heavy duty pull)- Such placement shall be at right angles to the driveways and as close as possible to the vehicle immediately West of the one Vou are dropping. Pound personnel will be checking vehicle alignment_ Those vehicles found in violation will result in a recall to the pound to do it right_ Failure to respond to a recall, will result in further dicipline as determined by my command level_ t strongly suggest that each of you take what ever steps are necessary to ensure your compliance, my bosses are deadly serious in these matters. Thank you for your cooperation_ Cpl_ W_G. Mosteiro Fort Worth Police Department Wrecker Administrator OLI FORT WORTH POLICE DEPARTMENT WRECKER ADMINISTRATION OFFICE W 1301 E NORTHSIDE DRIVE FORT WORTH TEXAS 7002 (817) 871-5951 DATE: March 1, 1996 TO: All Rotation Wrecker Services Re: Clean-up at Accident Scene I have received complaints from some of your drivers that some of their fellow drivers are failing to clean debris from the scene of accidents. That they have been left with the job of cleaning up at the scene of accidents while the other driver loads and leaves. They are tired of this situation and are not only complaining to me but the officers working the accidents. This could mean some of your people will get tickets.. This also reflects on your quality of service to the rotation system. Clean up at the scene of an accident is required under city and state laws. Please remind your people of the law, and that they need to cooperate with each other. Thanks CpL-W.G. Mosteiro Wrecker Administrator FFOT NTH DATE: October 25, 1996 TO: LICENSED ROTATION WRECKER SERVICES FROM: David L. Reagan, Deputy Chief Administrative Services Bureau SUBJECT: COMPLIANCE WITH RULES AND REGULATIONS DEBRIS REMOVAL FROM ACCT DENT SCENE State and City regulations require any wrecker pulling from the scene of an accident to remove any debris left in the roadway as a result of the accident. This means that this debris will be removed from the roadway and not simply pushed into a pile and left at the curb. WAITING TI=ME The City of Fort Worth Code, governing the regulation of wrecker, does not authorize the payment of any premium for"waiting time". The Code does authorize additional payment for "Extra Work" at a rate of$40.00 per hour,... "for removing vehicles which are off the street right- of-way, such charge to be made from the time the operator begins to remove the vehicle until it is on the traveled portion of the street." ROTA"IN OR P'D SUBSTITU'T'ION The Rotation fist and the PD fist are the governing documents regarding the order of wrecker assignment. If a wrecker is called on the Rotation or the PD fist, that company can either arrive at the scene and pull the vehicle as assigned or pass the pull. If the company elects to pass the pull, that company will notify dispatch and the next company on the fist will be assigned. Under no circumstances will another company take the pull at the request of the assigned wrecker company. Reported violations of these rules will be investigated and dealt with immediately. David L. Reagan, Deputy Chi Fort Worth Police Department Administrative Services Bureau POLICE DEPARTMENT ADMINISTRATIVE SERVICES BUREAU THE CITY OF FORT WORTH * 350 W. BELKNAP STREET * FORT WORTH, TExAs 76102-2004 (817) 877-8001 * FAx (817) 877-8290 Printed on recycled paper w Q2 !— J rv` O Q CL W U) !- U7 U) ■I id .fii Q Q Z EL a w V ' N N d' 00 Y, o c { O N L M ;M. H O � �,'�• � 1L (4 CU • 3E hN1 m O to [ 111 z Q F E F- i d Q a u = 4 N U.. O O F-- m I E" 'y Q 1LCSO , F F" OQ WCr H OO th U LL 0 tr 0 � N Q w ct U7 > cL 4fJ LU LO �b Z L < s J P cJs J ZZI CL CL 0 CL < Q i O m Z> W (D0z Sc�D1] � WO ;i F.L. 104-88 LAWS OF 104th CONG.-1st SESS. Dec.29 Dec.-29 f t� Sec.1 Sec. 321. Merchant Marine Act, 1920,amendments. "CftnMrt Sec. 322. Railway Labor Act amendments. "133. ADMINISTRATIi Sec. 323. Railroad Retirement Act of 1974 amendments. "136. JURISDICTION Sec. 324. Railroad Unemployment Insurance Act amendments, "137. .RATES AND Sec. 325. Emergency Rail Services Act of 1970 amendments. "I39. REGISTRATION Sec. 326. Alaska Railroad Transfer Act of 1982 amendments, "141. OPERATIONS 0: Sea 327. Regional Rail Reorganization Act of 1973 amendments «143. FINANCE Sec. 328. Milwaukee Railroad Restructuring Act amendment. "146.. FEDERAL STATI Sec. 329. Reek Island Railroad Transition and Employee Assistance Act «147. ENFORCEMENT amendments. "149. CIVIL AND CRID Sec. 330. Railroad Revitalization and Regulatory Reform Act of 1976 amendments. Sec, 331. Northeast Rail Service Act of 1981 amendments. Sec. 332. Conrail Privatization Act amendment. "C See. 333. Migrant and Seasonal Agricultural Worker Protection Act amendments. riAPTeR Seca 334. Federal Aviation Administration Authorization Act of-1994. «I51. GENERAL PROD Sec. 335. Termination of certain maritime authority. "163. JURISDICTION Sec. 336. Armored Car Industry Reciprocity Act of 1993 amendments. 166. RATES AND TAI " Sec. 337. Labor Management Relations A 1947 amendment, 167, OPERATIONS O' " Sec. 338. Inlands Waterway Revenue Act o 1978 amendment 169. ENFORCEMENT Sec. 339. Noise Control Act of 1972 amendment. "161, CIVIL AND CRIB Sec. 340. Fair Labor Standards Act of 1938 amendment, TITLE IV-MISCELLANEOUS PROVISIONS Sec. 401. Certain commercial space launch activities. Sec. 402. Destruction of motor vehicles or motor vehicle facilities; wrecking trains. "CRAFT 9< Sec. 403. Violation of grade-crossing laws and regulations. Sec. 404. Miscellaneous title 23 amendments "Sec. Sec. 405. Technical amendments. «10101. Rail transportat Sec 406. Fiber drum packaging. 10102, Definitions, Sec. 407. Noncontiguous domestic trade study. u Sec. 408. Federal Highway Administration rulemairlin §10101.Rail tran SEC.2.EFFECTIVE DATE. "In regulating Except as otherwise provided in this Act, this Act shall take United States Gove effect on January 1, 1996, and thhe e to demarar, TITLE I-ABOLITION OF INTER STATE transpportation i "(2) to mil COYMERCE COMfMISSION over the rail t expeditious ret SEC.101.ABOLITION. "(3) to pr( system by allo The Interstate Commerce Commission is abolished. as determined 1 SEC.102,RAIL PROVISIONS, "(4) to enst rail transports (a) AMENDMENT.-Subtitle IV.,of title 49, United States Code, rail carriers ar is amended to read as follows: public and the I "(5) to fost "SUBTITLE IV-INTERSTATE and to ensure TRANSPORTATION rail carriers an( "(6)to mah "PART A--RAIL of effective Con «CSR See. which exceed tl "101. GENERAL PROVISIONS .........»»» .....„„..„„»».. »»„.„,. . » ..„»» 10101 and to attract c "106. JURISDICTION .............»»., ». »»»..»»..»....».».»......».,».»..» 10501 "(7).to red "107. RATES ...............»»......;„.. „».»„.. .» .......,,.»„.......„ 10701 from the indust "109. LICENSING »................... ».»».».»...»»......,.».»»»»».. .........,. 10901 " "111. OPERATIONS..........................,.............»»»....„» ..»„» ».»».».»...»»» 11101 ($)t0 Oper "113. FINANCE „».....».„..»»„„.„„»»»...»„.......,.,„» 11301 out detriment t "116. FEDERAL-STATE RELATIONS.„....„..,....».................»».........„,.»..... » 11501 "(9) to enct "117. ENFORCEMENT:INVESTIGATIONS,RIGHTS,AND REMEDIES»„ 11701 roads; 119. CIVIL AND CRIMINAL PENALTIES.»,....»....».»»»»»»,»,...»».»....» 11901 "(10) to re( "PART B-MOTOR CARRIERS,WATER CARRIERS,BROKERS,AND FREIGHT ticable, to rely FORWARDERS use of increase: "CHAFMR Sec. "(11)to en< "132. GENERAL PROVISIONS .......................................................................... 13101 conditions in tL 109 STAT. 804 1 Dec.29 Dec.-29 ICC'T`ERMINATION P 1:'104-88 � � �Seo:102 "133. ADMINISTRATIVE PROVISIONS :..:.:......:...................::..::.:..::.....:........ 13301 136. JURISDICTION .. 13501 ✓ "137. .RATES AND.THROUGH ROUTES ................................... 13701 "139. REGISTRATION 13901 da. "141: OPERATIONS OF CARRIERS ...............,,............... .....I.-.................,. 14101 "143. FINANCE 14301 Yee Assistance Act 146. FEDERAL-STATE RELATIONS ...............................................I.............. 14501 "147. ENFORCEMENT-INVESTIGATIONS;RIGHTS;REMEDIES ............. 14701 of 1976 ame.ndmenta "149. CIVIL AND CRIMINAL PENALTIES ............::..... .... 14901 "PART C—PIPELINE CARRIERS .ion Act amendments. "CHAPTER Sec. ,f 1994. "161. GENERAL PROVISIONS ................................................................:......... 16101 "163. JURISDICTION .......................................................................................... 16301 dments. "155. RATES AND TARIFFS ............................................ ..........:.................:..... 16601 "167. OPERATIONS OF CARRIERS ..............................:....:.............................. .16701 "169, ENFORCEMENT:INVESTIGATIONS,RIGHTS,AND REMEDIES.... 16901 "161. CIVIL AND CRIMINAL PENALTIES .............................:........................ 16101 YS "PART A—RAIL !ties;wrecking trains. "CHAPTER 101—GENERAL PROVISIONS, "sec. "10101. Rail transportation policy. "10102. Definitions, 4 10101.Rail transportation policy "In regulating the railroad industry, it is the policy of the United States Government— is Act shall take "(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail; ' !.RSTATE "(2) to. minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required; "(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, +hed. as determined by the Board; "(4) to ensure the development and continuation of a sound rail transportation system with effective competition among .ted States Code, rail carriers and with other modes, to meet the needs of the public and the national defense; "(5) to foster sound economic conditions in.transportation i TE and to ensure effective competition and coordination between rail carriers and other modes; "(6)to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to.maintain the rail system ............... 10101 and to attract capital; "(7) to reduce regulatory barriers to entry into and exit ........................ 10541 ............. ,,, 10741 from the industry; „l9S, ...�.... ..... iiioi "(8)to operate transportation facilities and equipment with- f 11301 out detriment to the public health and safety; . 11641 "(9) to encourage honest and efficient management of rail- 1 EhfED[E9 .. 11701 roads; ........................ 11901 "(10) to require rail carriers,,to the maximum extent prat- I '`' RS,AND FREIGHT ticable, to rely on individual rate increases, and to limit the ' use of increases of general applicability; Set. 11)to encourage fair wages and safe and suitable working ... 13101 conditions in the railroad industry; 109 STAT. 805 Or f f J r a. 3�rF ". Dec.29 Dec.29 ICC TERMINAMN P.L.104-88 Sec. 103 it an application may :r the date on which ug 14601.Federal authority over Intrastate transportation section(c). e evidentiary proceed. "(a) MOTOR CARRIERS OF PASSENGERS.—No State or political i notice of the applica- subdivision thereof and no interstate agency or other political , Board shall issue a - agency of 2 or more States shall enact or enforce any law, rule, ;onclusion of the evi. regulation, standard, or other provision having the force and effect t a time period under of law relating to scheduling of interstate or intrastate transpor- such extensions.with tation(including discontinuance or reduction in the level of service) lays. provided by motor carrier of passengers subject to jurisdiction under .orporation participat- subchapter I of chapter 135 of this title on an interstate route id by the Board under or relating to the implementation of any change in the rates for )m the application of such transportation or for any charter transportation except to carry out the trans- the extent that notice, not in excess of 30 days, of changes in e control or franchises schedules may be required.This'subsection shall not apply to intra- e approval of a State state commuter bus operations. . participating in the "(b)FREIGHT FORWARDERS AND BROKERS.— A from the antitrust "(1) GENERAL RULE.--Subject to paragraph (2) of this sub- .e and municipal law, section, no State or political subdivision thereof and no intra- the transaction, hold, state agency or other political agency of 2 or more States control or franchises shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating section shall not apply to intrastate rates, intrastate routes, or intrastate services of Negate gross operating any freight forwarder or broker. luring a period of 12 "(2) CONTINUATION OF HAWAII'S AUTHORrrY.—Nothing in 6 months before the this subsection and the amendments made by the Surface Freight Forwarder Deregulation Act of 1986 shall be construed ms:When the Board to affect the authority of the State of Hawaii to continue to this section in which regulate a motor carrier operating within the State of Hawaii. ion subject to jurisdic- "(c)MOTOR CARRIERS OF PROPERTY -- i control of at least "(1) GENERAL RULE.—Except as provided in paragraphs n ie subject, as (2) and(3), a State, political subdivision of a State, or political is de that apply to authority of 2 or more States may not enact or enforce a ;o the extent specified law, regulation, or other provision having the force and effect 14901(x), and 14907. of law related to a price, route, or service of any motor carrier aination of an applica• (other than a carrier affiliated with a direct air earner covered approve, for a period by section 41713(bX4)) or any motor private carrier, broker, the properties sought or freight forwarder with respect to the transportation of prop- 9 application to acquire erty. re to do so may result "(2)MATTERS NOT COVERED.—Paragraph(1)-- or substantially inter- "(A) shall not restrict the safety regulatory authority adequate and continu- of a State with reapect to motor vehicles, the authority ideed by a motor carrier of a State to impose highway route controls or limitations ction is subject to this based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State use exists, the Board to regulate motor carriers with regard to minimum to an order made in amounts of financial responsibility relating to insurance requirements and self-insurance authorization; "(B) does not apply to the transportation of household TE RELATIONS goods;and "(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a L law, regulation, or other provision relating to the price iortation property. of for-hire.motor vehicle transportation by a tow truck, ii r, m carriers. if such transportation is performed without the prior con- sent or authorization of the owner or operator of the motor vehicle. "(3)STATE STANDARD TRANSPORTATION PRACTICES.- 109 STAT. 899 i L I P.L.:104-58 LAWS OF 104th CONG.-1st SESS. Dec.29 Dec.29 'Sec:103 I "(A)CONNUATION.--Paragraph(1)shall not affect any "(b) ACT TI authority of a State, political subdivision of a State, or acts unreaso }► political authority of 2 or more States to enact or enforce merce and . a law, regulation, or other provision, with respect to the for a State intrastate transportation of property by motor carriers, "(I) related to— rier tray. "(i)uniform cargo liability rules, to the t "00 uniform bills of lading or receipts for property property being transported, cial and (iii)uniform cargo credit rules, has to • "(iv) antitrust immunity for joint line rates or IndustK routes, classifications, mileage guides, and pooling, or "(2) "(v) antitrust immunity for agent-van line oper- assessor ations(as set forth in section 13907), "( > if such law,regulation, or provision meets the requirements ertY taa of subparagraph(B). rate th. "(B) REQUIREMENTS.—A law, regulation, or provision "(),JURI of a State, political subdivision, or political authority meets "(1) the requirements of this subparagraph if— 28 and "(f) the law, regulation, or provision covers the 28 d a I same sub)ject matter as, and compliance with such of law, regulation, or provision is no more burdensome urisdict than compliance with, a provision of this part or a United regulation issued by the Secretary or the Board under section this part;and ,.(2) (ii) the law, regulation, or provision only applies this sub I to a carrier upon request of such carrier. value of � > "(C) ELECTION.—Notwithstanding any other provision Least 6 of law, a carrier affiliated with a direct air carrier through value of common controlling ownership may elect to be subject to assessor a law, regulation, or provision of a State, political subdivi- "(3) sion,or political authority under this paragraph. la . asst law. "(4) NONAPPLICABILITY TO HAWAII This subsection shall "(4) not apply with respect to the State of Hawaii. cammer "§14602. Tax discrimination against motor carrier transpor- fndus n tation property "(a) DEFINITIONS.—In this section, the followin definitions of the g known apply. "(1)AssEssmENT.—The term 'assessment' means valuation court sb for a property tax levied by a taxing district. "(2) ASSESSMENT JURISDICTION:The term 'assessment pro Jurisdiction' means a geographical area in a State used in ma t, determining the assessed value of property for ad valorem the r taxation. to . k° "(3)MOTOR CARRIER TRANSPORTATION PROPERTY.—The term to 'motor carrier transportation property' means property, as defined by the Secretary, owned or used by a motor carrier mo providing transportation in interstate commerce whether or exc not such transportation is subject to jurisdiction under sub- in I chapter I of chapter 135. "§14603. R "(4) COMMERCIAL AND INDUSTRIAL PROPERTY.—The term 'commercial and industrial property'means property,other than w transportation property and land used primarily for agricultural "(a)Sit; purposes or timber growing, devoted to a commercial or indus- "(1 trial use,and subject to a property tax levy. a moto r 109 STAT. 900 NOV-15-1996 09:51 FTW CITY ATTORNEY'S OFF. P.01 OFFICE OF THE CITY ATTORNEY THE CITY OF FORT WORTH 1010`I HROCKMORTON FORT WORTH, TEXAS 76102-6311 TEL: (617) $71-7600 FAX: (617) 671-6359 TEL EFAX COVER LETTER DATE: November 15, 1996 TIME: 8:38 a.m. TOTAL PAGES (including cover) 2 TO: Deputy Chief David Reagan ORGANIZATION NAME: Police Department FAX NO.: 877-8290 FROM: David Yett, Assistant City attorney REMARKS: ORIGINAL WILL WILL NOT FOLLOW VIA MAIL. NOTICE This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the Intended recipient, employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us Immediately by telephone (collect), and return the original message to us at the above address via the U.S. Postal Service. Thank you. In case of a problem with our FAX transmission or difficulty in transmitting to us, please call us at (817) 871-7600. 0001;, NOV-15-1996 09:52 FTW CITY ATTORNEY'S OFF. P.02 INTEROFFICE CORRESPONDENCE TO: Deputy Chief David Reagan Police Department FROM: David Yett Assistant City Attorney DATE: November 15, 1996 SUBJECT: Preemption Question - Wrecker Ordinance PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION Following up on our phone conversation yesterday, at your request I submit the following: 1. 1 concur with the conclusions re preemption reached by Kevin Kapftan in his 10-29-06 memo to you. In a nutshell, the net effect of the original preemption provision in the FAA Reauthorization Act of 1094, as later amended by the 10C Termination Act effective 1-1- 96, is to leave the City with the clear authority to regulate only the price (i.e. prevent price- gouging) on nonconsensual tows. Additionally, a possible argument can be made for City authority (over and above any State requirements) to regulate safety, mutes based on height, width or hazardous cargo; or financial responsibility requirements, but this is very problematical, since the federal statute mentions directly only the State with regard to these types of regulation. 2. As we discussed, I think that the City retains the ability to control by contract, but not by regulation, standards (in addition to price) for the towing services for which it pays the bill (so-called "PD pulls"). 3. 1 concur with your assessment that an overhaul of our ordinance is needed in and that enforcement of the current ordinance is not advisable due to the federal preemption problem. cc: Wade Adkins, City Attomey Kevin Kapitan, Police Legal Advisor TOTAL. P.02 101* 1Z INTER-OFFICE CORRESPONDENCE TO:DEPUTY CHIEF DAVID REAGAN(ASB,); WADE ADKINS, CITY ATTORNEY FROM: K.W. KAPITAN, POLICE LEGAL ADVISOR SUBJECT. TOW TRUCK ORDINANCE DATE: 29 October 1996 REFERENCE: None WARNING THIS DOCUMENT CONTAINS CONFIDENTIAL LEGAL ADVICE OR INFORMATION, PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE AND AS WORK PRODUCT MATERIALS DO NOT DISCUSS OR DISSEMINATE ITS CONTENTS OUTSIDE OF THE FORT WORTH POLICE DEPARTMENT, THE OFFICE OF THE POLICE LEGAL ADVISOR, OR THE FORT WORTH CITYATTORNEYS OFFICE. PERMISSION FOR THE' RELEASE OF THIS DOCUMENT, OR FOR WAIVER OF THESE PRIVILEGES MAY ONLY COME FROM THE OFFICE OF THE CHIEF OF POLICE gPl As per your request, I have reviewed the current City of Fort WorthTowing Ordinance, Fort Worth City Code §34-176, et al. Article V., and am of the opinion that it is essentially preempted by the relatively new 49 U.S.C. §14501,ICC Termination Act,signed into law by the President and effective 1 January 1996. See attached. Pursuant to subpara. b., State and local governments are preempted from regulating infra-state transportation of property,pertaining to price, route or service of any motor carrier. Enumerated exceptions permit regulation by the State pertaining to safety issues, routes based on size and weight, or HAZMAT nature of the cargo, or minimum amounts of required financial responsibility under subpara. (2)(A); local regulation is permitted of tow truck operations,"if such transportation is performed without prior consent or authorization of the owner or operator(o/o) of the motor vehicle", under subpara. (2)(C). The net effect is that the City of Fort Worth can no longer legally regulate towing operations in the City unless they are performed as non-consensual tows (NCTs). The ordinance sections which are specifically preempted are: 34-176 as to various definitions; 34-180 diru 34-189; [34-182 and 34-183 may possibly withstand challenge, only if the City presents and supports the argument that despite the specific distinctions made in the amended Act, pursuant to Wisconsin Public Intervenor v.Mortier, 501 U.S. 597, 601 (1991), use of the phrase"State and its political subdivisions" in one provision of an act, does not necessarily mean that use of the term "State" only elsewhere indicates exclusivity to only the State. See attached. Note also that 34-185 and 34-186 would be better suited as General Orders and not Ordinance provisions since they deal with police administrative procedures.] 34-191 34-192 34-194 (possibly). The upshot is that the entire licensing and permit scheme established by the ordinance has been gutted by the new federal law. FWPD's licensing efforts have now been relegated only to matters arising from NCTs. General areas of arguable preemption include the Wrecker Rotation procedures and lists, HA2MAT directions (possibly), consensual police tows, and the revenue and regulation procedures arising from the licensing of drivers and their vehicles over and above State regulation. As to tows other than NCTs, strong arguments can be made on both sides as to whether cities may impose their own safety regulations above and beyond the State standards imposed under the Tex. Trans. Code chs. 522, 545, 548, and 549. The statute clearly distinguishes "State" in subpara. (2)(A)from "a State or a political subdivision of a State" in subpara. (2)(C). A common sense argument would then support the contention that cities cannot regulate (on their own) the safety concerns involved in towing operations; peace officers can, however, clearly enforce Texas laws concerning safety regulations, but the cities for whom the officers work cannot develop independent safety standards, regulations, inspection requirements, etc. Conversely,a Mortier argument could be made that the Congress really intended to include the political subdivisions even though the specific verbiage was left out of the pertinent statutory provisions, although I do not recommend relying on this argument for planning purposes,because this position will invariably lead to an expensive court battle with nominal chances for success or the achievement of significant municipal advantages. So what can FWPD do under the new law? Develop and enforce non-gouging price regulations for NCTs; develop a system for NCTs; and, enforce State financial responsibility and safety standard requirements; and possibly prevent gouging of stranded motorists when no other towing companies are available. See R.T. Willett's article, "TowTruck Regulation Authority Partially Restored", in Jan./Feb. 1996 Municipal Lawyer, pp,24-25, attached, Beyond these areas, the new law severely limits municipal involvement in this area, As to resolution, arguably, the City could simplify the situation by soliciting bids for one towing company to perform the NCTs, or let a limited series of contracts for each wrecker doing NCTs, although the City could not regulate route or services. Theoretically, the City is still free to negotiate the provisions of a contract in which it is a party which pertains to towing operations. However, note that the City is similarly not in a position to regulate or influence the contracts which exist between property owners and wrecking companies; it should not even be involved. I recommend careful review of the attached package,and coordination with the Chief and with the City Attorney for his input since this has become a"hot" City Council issue before any procedural changes are implemented. I have coordinated this matter with the Dallas City Attorney's office, and they have taken a similar position (although they are prepared to argue that the City of Dallas is empowered under subpara. (2)(A) to develop and enforce safety issues under Mortier). Arlington is basically waiting to see what we do. As such, I recommend much more research and coordination of these issues with TMI.,TPA,ICMA and possibly IACP to try to get a better"feel" for how these issues are being handled elsewhere. However, I further recommend some haste here since I believe the City is ripe for suit or at least a declaratory or interlocutory judgment on the basis of its current practices with a regard to the Towing Ordinance. 34-146 FORT WORTH CITY CODE The minimum insurance required under this ARTICLE V. WRECKERS section must: Sec. 34-176. Definitions. (1) Be carried with an insurance company au- For the purposes of this article, the following au- thorized to do business in this state; words and phrases shall have the meanings re- _(2) Limit the deductible to no greater than one spectively ascribed to them by this section: thousand dollars ($1,000.00) per occur- Accident shall mean any occurrence which ren- rence; ders a vehicle wrecked or disabled as defined in this section. (3) Not be an aggregate policy with a maxi- mum limit of coverage (otherwise called a "claims made policy"); (4) Cover any and all vehicles and drivers in the holder's fleet, and all drivers of such vehicles; (5) Be acceptable to the city's risk manage- ment department; (6) Name the City of Fort Worth as an addi- tional insured; and (7) Provide minimum coverage in an amount no less than five hundred thousand dollars ($500,000.00) Combined Single Limit Lia- bility(CSL)per occurrence. All taxicab liability insurance coverage must include a rider which provides that at all levels of coverage,there must be notification to the city in writing not less than thirty (30) days before canceling or making a material change in the policy. The city council, in its discretion, may from time to time require insurance coverage of a different kind or a greater amount,and upon such city council action, the franchise holder shall be required to modify its insurance coverage to com- ply with these requirements,and shall furnish to the public utilities supervisor a certificate of in- surance as evidence that it has acquired such type and amounts of insurance. (Ord. No. 11874, § 2, 3-21-95) Sees. 34147-34-175. Reserved. Supp.No.31 2316.4 A VEHICLES FOR HIRE §34-176 Air cushions shall mean specialized recovery Owner's request shall mean the designation of equipment utilizing low pressure, high volume the occasion when the owner of a wrecked or dis- air-filled bags to move, lift or roll heavy loads. abled vehicle has selected a wrecker company to move his vehicle and has authorized the police Car carrier shall mean a motor vehicle designed department to call that wrecker company when and equipped as to be capable of lifting another such selected wrecker company is not owned by vehicle upon itself for the purpose of transporting or does not represent the place selected. a motor vehicle that cannot be safely transported by a wrecker. Place and wrecker selection form shall mean the form provided for in section 34-185. Consent tow shall mean any tow conducted with. the permission of, or at the direction of, the vehi- Police pull shall mean the designation of the cle's legal or registered owner, or such owner's occasion when the police department has called a authorized representative. Except as set forth in wrecker company from the rotation list to either the definition of "nonconsent tow" below, a tow remove a wrecked or disabled vehicle or to re- will be considered a consent tow where the owner move a vehicle in a safe driving condition,but the is able to give consent. owner is not present, able or permitted to drive or to make authorizations. Disabled shall mean that status of any vehicle Represented automobile club shall mean any which has been rendered unsafe to be driven upon the streets as the result of some occurrence other person organized entirely or in part for the pur- than a wreck, including, but not limited to, me- pose of providing contract emergency road service chanical failures or breakdowns, fire, the elements to owners of vehicles, which person has author- or vandalism, so as to reasonably necessitate that ized a licensed wrecker company or companies to such vehicle be removed by a wrecker. represent him on all calls concerning wrecked or disabled vehicles and has been permitted by the Dolly shall mean a detached axle unit used to city police department to be so represented as support a unit being towed by a wrecker. provided for in section 34-181. Hazardous material shall mean: Represented repair business shall mean any per- (1) Any substance classified as a hazardous son in the business of repairing vehicles whether material under state law or federal law or that be his sole business or a part of his other under a rule adopted pursuant to state or business, which person has authorized a licensed federal law; or wrecker company to represent him on all calls concerning wrecked or disabled vehicles and has (2) A chemical, petroleum product, gas or other substance that, if discharged or released, been permitted by the city police department to be so represented, as provided for in section 34-181. will or is likely to create an imminent dan- ger to individuals, property or the environ- Rotation shall mean the designation of the oc- ment. casion when the owner of a wrecked or disabled Motor vehicle shall mean every vehicle which is vehicle fails to designate a specific repair place or self-propelled. wrecker operator to remove his vehicle and he has authorized the police department to call a Nonconsent tow shall mean any tow conducted wrecker from the rotation list. without the permission of, or not at the direction of,the vehicle's legal or registered owner, or such Street shall mean any street, alley, avenue, lane, owner's authorized representative, regardless of public place, square or highway within the corpo- the vehicle's location or condition. Towing the rate limits of the city. vehicle of a person who has been taken into cus- Vehicle shall mean every device in, upon or by tody by a law enforcement agency is considered a which any person or property is or may be trans- rr nonconsent tow. Supp.No.8 2317 VEHICLES FOR HIRE § 34-I83 chief of police for a license to engage in the Sec. 34-183. Same—Issuance; restrictions. wrecker business and for an inspection cer- (a) The chief of police shall issue a license to tificate for each wrecker proposed to be op- engage in the wrecker business to all applicants erated, and such application shall contain complying with the provisions of this article and the name, address and telephone number shall issue an inspection certificate for each qual- of the wrecker company, the number and ified wrecker of each licensee. No license author- types of wreckers to be operated, the true izing the operation of a wrecker business and no owner of the company concerned, and a inspection certificate authorizing the operation of statement that the applicant does or does a wrecker on the streets of the city shall be issued: not desire to appear on the wrecker rota- tion list. (1) Unless every wrecker proposed to be used (2) A person owning a vehicle repair business by the applicant complies with the follow- or an automobile club desiring to have ing minimum requirements: wrecker service furnished on his behalf by a. Each wrecker shall not be less than a licensed wrecker company on all reports one-half ton in size, concerning wrecked or disabled vehicles,shall b. Each wrecker shall be equipped with a direct a letter of authorization to the chief power. or hand-operated winch, winch of police naming a licensed wrecker com- line and boom, with a factory-rated lift- pany as that person's authorized agent. The ing capacity (or a city-tested capacity) wrecker company named in such letter of of not less than five thousand (5,000) authorization shall indicate in writing its pounds, single line capacity. acceptance of such authority either in such c. Each wrecker shall carry as standard letter of authorization or by a separate let- equipment: tow bar, safety chains, a rOP ter written by the wrecker company. Upon fire extinguisher, wrecking bar, broom, satisfaction that these requirements have axe, shovel, flags and flares. been met, the chief of police shall inform d. Each wrecker shall have inscribed on such person that he is permitted to operate each side thereof in letters not less than as a represented repair business or as a three (3) inches in height, the name represented automobile club and shall in- and address of the licensee. form the wrecker company that it is recog- (2) Unless the applicant shall deposit with the nized as the authorized agent of such re- chief of police certificate(s)of insurance doc- pair business or automobile club. umenting the fact that the applicant has in (Code 1964, § 39.6) effect a policy or policies of insurance which provide minimum limits and types of cov- See. 34-182. Fees. erage as required by this ordinance [sec- (a) The annual fees applicable to this article tion], which shall be the same as the re- area as follows; quirements mandated by the Texas Railroad Commission for the operation of (1) Wrecker business license . . . . . . $200.00 tow trucks, as may be amended from time (2) Rotation list service charge . . . . 250.00 to time. The certificate(s)must be in a form which complies with that required by the (3) Inspection fee(per wrecker) . . . . 30.00 Risk Management Department of the City (4) Driver permit fee(per driver) . . . 50.00 of Fort Worth. The certificate(s) shall be duly completed and executed by an autho- (5) Letters of authorization filing fees rized representative of an insurance com- (annual renewal not required) . . 30,00 pany or an insurance agent and/or man- (b) No fee payments shall be returnable. aging broker for an insurance company (Code 1964, § 39-7; Ord. No. 10033, § 3, 12-22-87; authorized to transact business in the State Ord. No. 10634, § 1, 7-12-90) of Texas, including, without limitation, a Supp,No.29 2319 V VEHICLES FOR HERE §34-186 (2) If such repair business or automobile club (5) A statement which authorizes any investi- solicits any business in violation of the pro- gating police officer to call for the wrecker visions of this article. company next in line on the wrecker rota- (c) Such revocation of a license or permit shall tion list, such statement to be used in the event the owner has failed to designate a terminate all authority and permission heretofore wrecker company or to designate a place granted. Any person whose license or permit has been revoked shall not be eligible to again apply which furnishes its own wrecker service or for a license or permit for a period up to one (1) is a represented repair business or a repre- year from the date of the revocation. sented automobile club; (d) Any person whose license or permit has been (6) The description of the vehicle; revoked by the chief of police may file an appeal (7) The signature of the owner affirming one therefrom to the city council within twenty (20) (1) or more of the statements or authoriza- days from the date of revocation. The city council tions listed above, a place for signature of shall have authority upon the hearing of the ap- the investigating officer and a place for the peal to reverse, vacate or modify the order of date of signing. revocation. (Code 1964, § 39-10) (Code 1964, § 39.9) Sec. 34-186. Same—Use. Sec. 34-185. Place and wrecker selection When a police officer investigating an accident form—Generally. determines that any vehicle which has been in- volved in an accident should be removed by a The chief of police shall cause to be prepared a wrecker, such officer shall first determine whether P and wrecker selection form which shall pro- or not the owner has already made arrangements vide spaces for the following: for the removal of his vehicle. The name of the (1) The name of any person already contacted person already contacted, if any, shall be written by the owner of a wrecked or disabled ve- on the place and wrecker selection form. If the hicle or his representative to remove such owner has not already made such arrangements, vehicle; the investigating*officer shall cause the following steps to be taken in sequence to complete the (2) The place to which the owner of the wrecked place and wrecker selection form: or disabled vehicle desires to have such vehicle removed; (1) Place designation- Request the owner to des- ignate the place to which he desires his (3) The automobile club of which the vehicle vehicle removed. owner is a member and providing for the owner to authorize the licensed wrecker (2) Owned or representing wrecker. Immediately company to be called which represents such inform police headquarters of the informa- automobile club; tion in(1)above. The officer receiving such information shall call one (1) of the follow- (4) Designation of wrecker company which the ing wrecker companies and so inform the owner of the wrecked or disabled vehicle investigating officer: desires to have remove his vehicle, such space on the form to be filled in only in the a. The wrecker company owned by the event the designated place does not furnish place selected; or its own wrecker service or is not a repre- b. The wrecker company representing the sented repair business, or the owner has repair business selected. failed to name a represented automobile (3) Owner's request or rotation wrecker. If the Iry club; place designated does not furnish its own Supp.No.8 2321 010 VEHICLES FOR HIRE 634-189 a. Towage. A charge up to a maximum of when the use of a car carrier is neces- forty-five dollars($45.00)for towing such sary for towing any such vehicle.A car vehicle from one point on a street to carrier may only be used when author- another location within the corporate ized by a police supervisor. limits of the city as designated in writ- g. Use of air cushions. An additional charge ing by the owner of the vehicle or by of one hundred fifteen dollars ($115.00) the police department at the place where when the use of air cushions is required, the tow originated. h. Handling hazardous materials. A fee b. Extra work An additional charge of in the amount of one hundred fifty(150) forty dollars ($40.00) an hour for re- percent of the normal towage fee shall moving vehicles which are off the street be allowed when hazardous materials right-of-way, such charge to be made are to be towed. from the time the operator begins to (Code 1964, § 39-12; Ord. No. 5900, § 1, Ord. No. remove the vehicle until it is on the 6494, § 2,6-7-71; Ord. No.7043, § 1,8.12-74; Ord. traveled portion of the street. Even No. 7862, § 3, 12-27.77;Ord. No.8123, § 1,7-1-80; though the vehicle is within the street Ord. No. 8557, § 2, 4-13-82; Ord. No. 9871, § 1, right-of-way, an additional charge may 5-19-87) be made if the car is located in some unusual condition within the right-of- See. 34-188. Removal of-debris from accident way, such as,but not limited to, a river scene• or creek bed or a ditch of greater depth Each wrecker company called to the site of an than an ordinary bar ditch. For fee cal- accident shall completely remove from the street culation, fractions of an hour may not all resulting wreckage or debris, including all r0l be considered a full hour; one-quarter broken glass, but excluding truck or vehicle car- of any hour shall be the smallest frac- tion permitted for such calculation. (Code 1964, § 39-13) c. Tandem axle wreckers. An additional charge of eighty-five dollars {$85.00) Sec. 34-189. Applicability to police pulls. per hour for the use of a heavy duty (tandem axle) wrecker. No heavy duty On a police pull for a vehicle that is in good (tandem axle) wrecker shall be used driving condition, either because the vehicle has unless such use is approved by a police been abandoned, or because the operator has been supervisor at the scene of the pull. arrested and must be taken into custody, or be- d. Making vehicle operab& Wrecker drivers cause the vehicle is stolen or suspected of having at the scene of an-accident, when di- been stolen or because the operator refuses or has rected by the police officer in charge, become physically unable to drive the vehicle,the shall "pull" a fender and/or bumper in wrecker company called from the rotation list under order to make a vehicle operable for a these and related circumstances is required to fee of ten dollars ($10.00) per vehicle observe and maintain the same standards of equip- in addition to the standard fee collect- ment and conduct and charge the fees provided ed. All fees for making vehicles oper- for in this article. It is also required that the able are payable at the scene. A re- place and wrecker selection form be used upon ceipt will be issued for each such fee such occasions, with the exception of requiring collected. the signature of the owner, and that the other e. Use of a dolly. An additional charge of procedures provided in this article in connection twenty-five dollars ($25.00) when the with the disposition of the originals and copies of use of a dolly is necessary for towing the form be followed. any such vehicle. (Code 1964, § 39.14) f. Use of a car carrier. A charge up to a maximum of sixty-five dollars($65.00) Supp.No.19 2323