(1)
Declaration of Policy. For the purposes of protecting the
general welfare and public interests of the community, safe-guarding the public
against fraud, discrimination, deception and similar abuses, and eliminating the
retarding of traffic, unnecessary street congestion, unnecessary delays and
traffic hazards, the towing of vehicles disabled by collision or other accident
shall be subject to supervision and administrative control in the
City.
(2)
Definitions. In this Section the following definitions
apply:
(a)
Towing
Company.[504.1] Any person,
partnership, corporation, fiduciary, association or other entity owning,
operating or conducting the business of
towing;
(b)
Towing.
[504.2]
The moving or removing or the preparation therefor of a vehicle by another
vehicle for which a service charge is made, either directly or indirectly,
including any dues or other charges of clubs or associations which provide
towing services;
(c)
Tow Truck or
Towing
Vehicle.[504] A vehicle that
tows, carries or removes a vehicle for a fee, charged either directly or
indirectly, including any dues or other charges of clubs or associations which
provide towing services, and which is classified in the following
manner:
(.1)
Class A tow truck, light. A Class A tow truck,
light shall consist of either:
(.a) a truck chassis with a
manufacturer’s rated capacity of at least eight thousand pounds, gross
vehicle weight. Mounted on the chassis must be a complete commercially
manufactured crane and winch having a manufacturer’s rating of at least
four tons, bare drum winch capacity. The tow truck body must comply with all
state laws pertaining to fenders and lighting equipment, and have an appearance
similar to a commercially manufactured tow truck body. It must have at least one
hundred feet of three-eights inch cable attached to the wrecker winch, and a tow
sling which must be commercially manufactured to prevent damage to a towed
vehicle, or
(.b) a flat car carrier with a manufacturer’s rated
capacity of at least eight thousand pounds, gross vehicle
weight;
(.2)
Class B tow truck, medium. A Class B tow truck,
medium shall consist of either:
(.a) a truck chassis with a
manufacturer’s rated capacity of at least fifteen thousand pounds gross
vehicle weight. Mounted on the chassis must be a complete twin winch,
commercially manufactured crane and winch having a manufacturer’s rating
of at least ten tons, bare winch drum capacity. The tow truck body must comply
with all state laws pertaining to fenders and lighting equipment, and have an
appearance similar to a commercially manufactured tow truck body. It must have
at least one hundred feet of seven-sixteenths inch cable attached to each
wrecker winch, and a tow sling which must be commercially manufactured to
prevent damage to a towed vehicle, or
(.b) a flat bed car carrier
with a rated capacity of at least fifteen thousand pounds gross vehicle
weight.
(.3)
Class C tow truck, heavy. A Class C tow truck,
heavy shall consist of either:
(.a) a truck chassis with a
manufacturer’s rated capacity of at least twenty-four thousand pounds,
grass vehicle weight. Mounted on the chassis must be a complete twin winch,
commercially manufactured crane and winch having a manufacturer’s rating
of at least twenty tons, bare winch drum capacity. The tow truck body must
comply with all state laws pertaining to fenders and lighting equipment and have
an appearance similar to a commercially manufactured tow truck body. It must
have at least two hundred feet of cable on each winch, at least nine-sixteenths
inch in diameter, airbrakes so constructed as to lock the rear wheels
automatically upon failure, and to supply air to disabled vehicles, and a tow
sling which must be commercially manufactured to prevent damage to a towed
vehicle, or
(.b) a flatbed carrier with a rated capacity of at least
twenty-four thousand pounds gross vehicle weight.
(.4)
Utility tow
truck, light.[505] A utility
tow truck, light, shall consist of a truck chassis of at least ten thousand
(10,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete
commercially manufactured hydraulic crane or winch having a manufacturer’s
rating of at least four (4) tons. The tow truck body must comply with all state
laws pertaining to fenders and lighting equipment, and have an appearance
similar to a commercially manufactured tow truck body. It must have a tow sling
which must be commercially manufactured to prevent damage to a towed
vehicle.
(d)
Disabled Vehicle. A motor vehicle which has been
damaged, or rendered inoperative as the result of wear and tear or mechanical
failure.
(e)
Required
Accessories.[506] Every tow
truck or towing vehicle shall maintain on board at all times, on call or idle,
the following accessories as applicable:
(.1) an amber rotation beam
or strobe light mounted on top of said truck or vehicle and viewable when in use
from front, rear, and both sides,
(.2) flood lights on its hoist, if
so equipped,
(.3) one (1) snatch block for each winch, whose
manufacturer’s rating matches the tow truck’s or vehicle’s
rating,
(.4) one (1) set of scotch blocks for wheels of the metal type
with tail gate chains, or hydraulic rear extendable scotch blocks for Class B
and C trucks only,
(.5) one safety tow light bar and power cord for
Class C tow trucks only,
(.6) an external air hookup and hoses for
Class C tow trucks only,
(.7) at least one heavy duty broom, shovel,
axe and crowbar or pry bar, one pair of bolt cutters, one set of jumper cables,
one flashlight, one operable fire extinguisher (ABC five pounds or larger), and
one first aid kit for all classes of tow trucks.
(f)
Rotation
system. A method of selecting a tow truck from an authorized list for the
purpose of towing a disabled vehicle from one point to another. Once an
assignment is made, that vehicle rotates to the bottom of the list. The list
will be controlled by the Philadelphia Parking Authority on a Divisional
basis.
[507] (g)
Solicitation.[508]
The act, at a vehicular accident scene, hospital, emergency care facilities,
funeral homes or during the occurrence of police operations relating thereto, of
seeking, persuading, enticing or in any way offering assistance of services
other than the towing of vehicles which have not been requested by the person
solicited.
(3)
Licenses.
[509] (a) No
person shall engage in the business of towing vehicles unless that person has
obtained a license from the Department of Licenses and
Inspections.
[510] (b) No
licenses shall be issued to a towing company whose business is located in any
political subdivision of any State where the State or political subdivision
prohibit the licensure of any Philadelphia based towing company.
(c) No
license shall be issued unless the applicant:
(.1) files a complete
fee schedule setting forth his charges for towing; for services incident to
towing and for any other minor repair service such as tire changing that may be
performed at a site with the Department of Licenses and Inspections. Such fee
schedule must be certified by the Department prior to the issuance of a license
and shall be updated with the Department whenever the licensee alters its fee
schedule. The fee schedule may not exceed the limits established in Section
9-605(6).
[511] (.2) submits
proof of insurance to the following extent as a
minimum:
[512] (.a) per
each personal injury, one hundred thousand ($100,000)
dollars
(.b) per incident, three hundred thousand ($300,000)
dollars
(.c) per each property damage claim, fifty thousand ($50,000)
dollars
(.d) garage keeper’s legal liability insurance, one
hundred thousand ($100,000)
dollars.
[513] (.3) accompanies
each proof of insurance with a power of attorney instructing the insurance
agency to notify the Department of any default or interruption of coverage for
any reason, within ten business days of such default or
interruption.
[514] (.4) upon
the request of the Department presents each vehicle to be licensed for physical
inspection by the Department of Licenses and Inspections, classification as a
Class A, B, or C tow truck, and compliance with the accessories requirement for
each class of tow
truck.
[515] (.5) pays an
annual license fee of fifty ($50)
dollars.
[516] (.6) the
insurance requirements are not required for non-commercial towers or tow
trucks.
[517] (c) Every
person licensed to engage in the business of towing vehicles shall, as a
condition to the retention of his
license:
[518] (.1) carry
a copy of his license in each towing vehicle when in use and display the
accompanying decal or medallion on each licensed towing vehicle. The decal or
medallion shall bear the words "Licensed Tower," the year for which license was
issued and license number. The decal or medallion shall be of the shape, size
and style prescribed by the Department of Licenses and Inspections and shall be
attached by the licensee to the vehicle or truck used in a place which is
clearly visible to the public. Decals or medallions shall be used only during
the year for which they are issued by the person to whom they were issued and
may not under any circumstances be transferred to any
person.
[519] (.2) legibly
inscribe in letters not less than one and one-half inches high on the door of
every towing vehicle identification consisting of commercially painted name or
business logo, address and telephone number of licensee, towing license number,
the tow truck classification and, in letters not less than one inch high, a
statement that a complete certified fee schedule is available from the
driver.
[520] (.3) conduct
the business in accordance with this Section.
(.4) maintain current
insurance coverage as required by Section 9-605(3)(b)(.2). The licensee shall be
required to notify the Department of Licenses and Inspections by registered
mail, if his insurance coverage has been
interrupted.
[521] (.5) carry
in each towing vehicle when in use a copy of the complete fee schedule filed in
accordance with Section 9-605(3)(b)(.1) and which includes the rate for a normal
daytime pick-up, the per-mile charge, and any other special charges. The copy of
the fee schedule must be certified by the Department of Licenses and
Inspections.
[522] (.6) conform
at all times to the charges for towing and for services incident to towing as
filed in accordance with Section 9-605(3)(b)(.1), or as subsequently amended,
refiled with and re-certified by the Department of Licenses and
Inspections.
[523] (.7) conform
at all times with provisions of the Commonwealth of Pennsylvania Motor Vehicle
Code dealing with gross vehicle weight, 75 Pa. C.S.A. § 4942 and §
4945, brakes, 75 Pa. C.S.A. § 4502 and safety features, 75 Pa. C.S.A.
§ 4521-36 and other applicable standards relating to tow trucks and towing
vehicles.
[524] (d) Upon
license renewal, the licensee’s fleet may be subject to reinspection in
the same as at the original application for a
license.
[525] (4)
Rotation
method of tow truck
selection.
[526] (a) Establishment
of a rotation method of tow truck dispatch must be approved by a separate
Ordinance of City Council.
(b) No tow truck shall respond to an
incident requiring the assistance of a tow truck unless that vehicle has been
selected from the rotation list, as approved by Section (a)
above.
(c) Vehicles on the rotation list shall be tow trucks licensed
by the Department.
(d) The department in conjunction with the Parking
Authority shall establish regulations for the operation of the rotation
system.
(e) The owner/driver of the disabled vehicle may select their
own tow truck in lieu of the rotation selection, provided that the vehicle is
not blocking or impeding traffic on a major highway, however, such selection
shall not be made as a result of a solicitation at the site by a tow truck
operator.
(f) The tow operator must agree to respond to calls from the
Philadelphia Police Department for towing of vehicles seized under any City
vehicle forfeiture ordinance only when requested by the Police
Department.
(5)
Towing
Agreements.
[527] (a) No
person shall remove or tow a disabled vehicle from or to a place within the
limits of the City of Philadelphia unless a towing agreement, in triplicate, has
been signed by the owner of a disabled vehicle or his authorized representative,
the operator of the towing vehicle, and a police officer if one is present
except that when towing is being performed pursuant to an emergency service the
signature of the owner of the disabled vehicle is not
required.
[528] (b) The
original copy of the towing agreement shall be given to a police officer, if one
is at the scene of the collision or accident, and shall be attached to the
accident report.
(c) A copy of the towing agreement shall be retained
by the licensee for 4 years.
(d) In the event that the owner or his
authorized representative are injured in the accident or collision to such an
extent that neither is able to sign a towing agreement and receive a copy of it
from the operator of the towing vehicle, the Police Department shall issue a
receipt to the injured person or whoever is attending him, in conformity with
§ 8-411 of the Charter, and shall assume custody of the vehicle until the
owner or his authorized representative orders its release.
(e) The
towing agreement shall be on the form prescribed by the Department of Licenses
and Inspections and shall include the following:
(.1) the name and
address of the person owning the tow truck or vehicle, his towing license
number, the registration number of the towing vehicle and a complete fee
schedule of all charges on the face of the agreement with a statement that these
fees are certified by the Department of Licenses and
Inspections.
[529] (.2) an
authorization to remove the disabled vehicle to a bona fide garage or storage or
repair station located within a reasonable distance from the scene of the
accident, in conformity with the schedule of charges filed under §
9-605(3)(b)(.1) and stated in the agreement;
(.3) in the case of clubs
or associations whose dues or other charges include towing service, a provision
that the towing is a membership service for which no charge is made for
members;
(.4) a provision requiring the release of the disabled
vehicle to the owner or his authorized representative upon payment of the amount
due for towing and storage, if any, in accordance with the schedule of charges
filed under § 9-605(3)(b), or upon demand if the owner is a member of a
club or association whose dues or other charges include towing service, unless
the owner or his authorized representative has ordered additional work or
services in connection with the disabled vehicle in accordance with the
provisions of this Section;
(.5) a provision enabling the driver of
the disabled vehicle, the owner thereof, the owner’s authorized
representative or the owner’s insurance carrier to have free access to
examine and inspect the disabled vehicle;
(.6) a provision limiting
the scope of the towing agreement to towing and storage;
(.7) spaces
as required to fill in all pertinent information on the vehicle in tow, which
should include owner’s name, address, year and make of vehicle and its
registration
number.
[530] (f) No
person shall use any form of towing agreement other than that prescribed by the
Department.
(g) The towing agreement and the tower’s bill shall
be incorporated into one
document.
[531] (6)
Charges.
[532] (a) Charges
listed in the fee schedule certified under 9-605(3) may be calculated by
mileage, time and type of service and shall be clearly stated on the towing
agreement. The maximum fee a tower may charge for towing a disabled vehicle is
forty (40) dollars, and two (2) dollars per mile during normal work hours of
6:00 a.m. to 7:00 p.m. and fifty (50) dollars and two (2) dollars per mile for
evenings, weekends and holidays. The maximum storage fee for a vehicle towed
under this section cannot exceed twenty-five (25) dollars per day. A day for the
purposes of this section shall be calculated on a twenty-four (24) hour
basis.
(b) Any service charged, other than towing, for a minor repair
at the site cannot exceed ten (10) dollars and the cost of any replacement
part.
(7) Any party who enters into an agreement for auto body or
mechanical repairs for a vehicle towed under this section shall have a
seventy-two (72) hour time period from the time of signing service contract to
reconsider their action and void said agreement. The party shall pay the storage
charges as outlined in Section 9-605(6), and the direct charges for repairs that
were performed prior to the termination of the service
contract.
(8)
Estimates, Repairs and
Services.
[533] (a) No
towing company shall make repairs for a consideration on a disabled vehicle
removed by a towing vehicle unless the owner of the disabled vehicle or his
authorized representative has signed an agreement which includes an estimate of
the cost of the repairs.
(b) No charge shall be made either directly or
indirectly for estimating the cost of repairs.
(c) No repair order or
authorization for an estimate of repairs shall be solicited or signed by the
operator of any towing vehicle or repair station until the conditions of the
towing agreement have been fulfilled and the vehicle has been removed to a
garage, storage lot or repair shop.
(d) No tie-in agreement authorizing
repairs or an estimate of repairs shall be required or solicited as a condition
for towing the disabled vehicle to a garage, storage lot or repair
shop.
(e) If the owner or person in charge of the motor vehicle at the
time of the accident is to be hospitalized, an agreement for repairs shall not
be entered into with the injured party until 48 hours have elapsed from the time
of the accident, unless the injured party has been discharged from the hospital
prior to the signing of the agreement.
(f) One copy of any agreement
entered into pursuant to § 9-605(6)(a) shall be given to the owner of the
disabled vehicle or his authorized representative and one copy shall be retained
by the licensee for 4 years.
(g) The owner or driver of any disabled
motor vehicle may require the service of any available towing car and the owner
or driver of any towing car shall not refuse to render such services
if:
(.1) the owner or driver of the disabled vehicle is willing to pay
the fee prescribed under this Section;
(.2) it is physically possible
for the towing car to tow the disabled vehicle;
(.3) the towing car is
not going to or returning from a towing
job.
(9)
Bail.[534] (a) No
person towing disabled vehicles shall offer to secure or provide bail, or enter
into an arrangement, oral or written, to secure or provide bail, or arrange for
the providing of bail for any person involved in a motor vehicle collision or
accident.
(b) This prohibition shall not apply to automobile clubs or
associations.
(10)
Gratuities and
Bribes.
[535] (a) No
person shall offer or give any gratuity, bribe or inducement of any kind to any
officer or employee of the City or any governmental officer or employee whose
salary is paid out the City Treasury, in order to obtain towing business or
recommendations for towing or storage or estimating upon or repairing disabled
vehicles.
(11)
Towing From Private Lots, Private Property and
Driveways.[536] Only
towing companies licensed under paragraph (3) of this Section shall be
permitted to tow any illegally parked vehicle from any licensed or unlicensed
parking lot, from private property, from any common driveway and from in front
of any driveway where the vehicle is blocking access to that
driveway
. (a) No such tow is permitted unless the parking lot or
private property has posted in a conspicuous place near its entry which can be
easily seen by the public a sign no smaller than thirty-six (36) inches high and
thirty-six (36) inches across which shall give notice:
(.1) That
unauthorized parking is prohibited and unauthorized vehicles will be
towed.
(.2) That vehicles whose authorized parking time has elapsed
will be towed.
(.3) Of the name, address, and telephone number of the
towing company.
(.4) Of the charges for the towing and storage of
towed vehicles.
(.5) Of the place where the towed vehicle can be
redeemed after paying the allowable charges.