North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0116 - ROTATION WRECKER SERVICE REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Troop Commander shall include on the rotation wrecker list only those wrecker
				  services that agree in writing to adhere to the following provisions:
(1) A wrecker service desiring to be included
				  on the rotation wrecker list shall complete a wrecker application on a form
				  designated by the Patrol. This application and all forms referenced in this
				  Rule may be accessed at www.ncdps.gov, State Highway Patrol, Wrecker
				  Inspections tab. All applications shall be submitted to the appropriate
				  District First Sergeant.
(2) In
				  order to be listed on a rotation wrecker list within a rotation wrecker zone, a
				  wrecker service shall have a full-time business office within that rotation
				  wrecker zone that is staffed and open 8:00 a.m. to 5:00 p.m., Monday through
				  Friday, excluding State holidays, and a storage facility. The wrecker service
				  shall have someone available to accept telephone calls from the Patrol, to
				  allow access to towed vehicles, or to retrieve towed vehicles by the registered
				  owner, operator, or legal possessor during business hours. The business office
				  may not be the same physical address as the owner's residence unless zoned for
				  commercial purposes and advertised as a business property. A representative
				  from the wrecker service shall be available on call on a 24-hour basis for
				  emergencies. The wrecker service shall allow vehicles to be retrieved between
				  the hours of 8:00 a.m. and 5:00 p.m., seven days a week, excluding State
				  holidays. An individual (registered owner, legal possessor, or operator) shall
				  not be charged a storage fee for days that he or she could not retrieve his or
				  her vehicle as a result of an action or omission on the part of the wrecker
				  service, such as where the wrecker service was not open, did not answer the
				  telephone, or a representative was not available to release the
				  vehicle.
(3) Wrecker service
				  facilities and equipment, including vehicles, office, telephone lines, office
				  equipment, and storage facilities shall not be shared with or otherwise located
				  on the property of another wrecker service and shall be independently insured.
				  Vehicles towed at the request of the Patrol shall be placed in the storage
				  owned and operated by the wrecker service on the rotation wrecker list. A
				  storage facility for a small wrecker shall be located within the assigned zone.
				  For wrecker services with large wreckers, the storage facility for vehicles
				  towed with the large wrecker may be located anywhere within the county. To be
				  listed on the large rotation wrecker list, a wrecker service shall have at
				  least one large wrecker located within the county and designated for the sole
				  use in that county. To be listed on the small rotation wrecker list, a wrecker
				  service shall have at least one small wrecker located within the assigned zone
				  and designated for the sole use in that assigned zone. A wrecker shall not be
				  on more than one rotation wrecker list. In any case where husband and wife or
				  other family members are engaged in the business of towing vehicles and desire
				  to list each business separately on the wrecker rotation list, the wrecker
				  service shall establish that it is a separate legal entity for every purpose,
				  including federal and state tax purposes. Nothing in this Rule precludes a
				  wrecker service from responding to private calls outside the assigned zone or
				  county.
(4) Each wrecker shall be
				  equipped with legally required lighting and other safety equipment to protect
				  the public and the equipment must be in good working order.
(5) Each wrecker on the rotation wrecker list
				  shall be equipped with the equipment required on the application list and the
				  equipment shall be operating properly at all times.
(6) The wrecker service operator must remove
				  all debris, other than hazardous materials, from the highway and the
				  right-of-way prior to leaving the incident or collision scene. "Hazardous
				  Materials" consist of those materials and amounts that are required by law to
				  be handled by local Hazardous Materials Teams. This service must be completed
				  as part of the required rotation service and shall not be charged as an extra
				  service provided. Hazardous materials or road clean-up other than debris may be
				  billed in quarter-hour increments after the first hour on scene.
(7) The wrecker service shall be available to
				  the Patrol for rotation service on a 24-hour per day basis and accept collect
				  calls (if applicable) from the Patrol. Calls for service shall not go
				  unanswered for any reason, unless the wrecker company has notified the Patrol
				  is unable respond as set forth in Subparagraph (a)(16) of this Rule.
(8) The wrecker service shall respond, under
				  normal conditions, in a timely manner. Failure to respond in a timely manner
				  shall result in a second rotation wrecker being requested. If the second
				  wrecker is requested before the arrival of the first rotation wrecker, the
				  initial requested wrecker shall forfeit the call and shall leave the collision
				  or incident scene.
(9) For
				  Patrol-involved incidents, the wrecker service shall respond only upon request
				  from Patrol authority or at the request of the person in apparent control of
				  the vehicle to be towed.
(10) The
				  wrecker service, when responding to rotation wrecker calls, shall charge
				  reasonable fees for services rendered. Towing, storage, and related fees
				  charged for rotation services may not exceed the wrecker service's charges for
				  nonrotation service calls that provide the same service, labor, and conditions.
				  Wrecker services may secure assistance from another rotation wrecker service
				  when necessary, but only one bill shall be presented to the owner or operator
				  of the vehicle for the work performed. A price list for recovery, towing, and
				  storage shall be established and kept on file at the place of business. A price
				  list for all small wreckers and rollbacks with a GVWR of less than 26,001
				  pounds shall be furnished in writing on a Patrol form to the District First
				  Sergeant upon request. The District First Sergeant shall approve all price
				  lists submitted within his or her respective District, if they are determined
				  to be reasonable, consistent with fees charged by other Highway Patrol rotation
				  wrecker services within the District and do not exceed the wrecker service's
				  charges for nonrotation service calls that provide the same service, labor, and
				  conditions. The District First Sergeant shall retain a copy of all approved
				  price lists in the appropriate wrecker service file located in the district
				  office. Storage fees shall not begin to accrue until the next calendar day
				  following the initial towing of the vehicle. Wrecker service towing fees for
				  recovery and transport of vehicles after 5:00 p.m. and on weekends shall not
				  exceed the towing fees by more than 10 percent for recovery and transport of
				  vehicles charged during regular business hours. A mileage fee shall be charged
				  only if the customer requests the vehicle to be towed to a location outside of
				  the assigned wrecker zone or county. If a mileage fee is warranted, the wrecker
				  driver shall inform the owner, operator, or legal possessor of the vehicle of
				  any additional charge for mileage prior to towing. The individual price list
				  for each respective wrecker service shall be made available to customers upon
				  request. Copies of the approved price list shall be maintained within each
				  wrecker and shall be given to the owner, operator, or legal possessor of a
				  vehicle being towed as a result of a Highway Patrol rotation wrecker call by
				  the wrecker driver, if the owner, operator, or legal possessor of the vehicle
				  being towed is present at the scene. Prices indicated on this form shall be the
				  maximum amount that will be charged for a particular service; however, this
				  does not prevent charges of a lesser amount for said service.
(11) All wrecker operators shall have a valid
				  driver's license for the type of vehicles driven. A limited driving privilege
				  is not allowed.
(12) Wrecker
				  owners, operators, and employees shall not be abusive, disrespectful, or use
				  profane language when dealing with the public or any member of the Patrol and
				  shall cooperate at all times with members of the Patrol.
(13) The wrecker service shall adhere to all
				  Federal and State laws and local ordinances and regulations related to
				  registration and operation of wrecker service vehicles and have insurance as
				  required by
				  G.S.
				  20-309(a).
(14) The wrecker service shall employ only
				  wrecker operators who demonstrate an ability to perform required services in a
				  safe, timely, efficient, and courteous manner and who satisfy all of the
				  requirements for wrecker drivers established or referenced by this Rule. The
				  wrecker service shall not take any passengers to the service call who have been
				  convicted, pled guilty to, or received a prayer for judgment continued (PJC)
				  for any of the offenses listed in Subparagraph (a)(21) of this Rule, with the
				  exception of a Chapter 20 violation.
(15) The wrecker service shall notify the
				  District First Sergeant of any insurance lapse or change. Wrecker services
				  shall list the NC Highway Patrol as "Certificate Holder" on the Certificate of
				  Liability Insurance, in c/o the District First Sergeant, complete with the
				  current mailing address for the Highway Patrol District Office tasked with the
				  responsibility of ensuring compliance with Highway Patrol policy regarding the
				  respective wrecker service.
(16)
				  The wrecker service shall notify the Patrol whenever the wrecker service is
				  unable to respond to calls.
(17)
				  Notification of rotation wrecker calls shall be made to the owner or operator
				  or employee of the wrecker service. Notification shall not be made to any
				  answering service, pager, or answering machine.
(18) Wrecker service vehicles shall be marked
				  on each side by printing the wrecker service name, city, and state in at least
				  three inch letters. No magnetic or stick-on signs shall be used. Decals are
				  permissible. The wrecker service operator shall provide a business card to the
				  investigating officer or person in apparent control of the vehicle before
				  leaving the scene.
(19) Each
				  wrecker service vehicle shall be registered with the Division of Motor Vehicles
				  in the name of the wrecker service and insured by the wrecker service. Dealer
				  tags shall not be displayed on wreckers that respond to rotation
				  calls.
(20) Wrecker services shall
				  secure all personal property at the scene of a collision to the extent
				  possible, and preserve personal property in a vehicle that is about to be
				  towed.
(21) The owner shall ensure
				  that he or she and each wrecker driver has not been convicted of, pled guilty
				  to, or received a prayer for judgment continued (PJC):
(A) Within the last five years of:
(i) A first offense under
				  G.S.
				  20-138.1,
				  G.S.
				  20-138.2,
				  G.S.
				  20-138.2A, or
				  G.S.
				  20-138.2B;
(ii) Any misdemeanor involving an assault, an
				  affray, disorderly conduct, being drunk and disruptive, larceny, or
				  fraud;
(iii) Misdemeanor Speeding
				  to Elude Arrest; or
(iv) A
				  violation of
				  G.S.
				  14-223.
(B) Within the last ten years of:
(i) Two or more offenses in violation of
				  G.S.
				  20-138.1,
				  G.S.
				  20-138.2,
				  G.S.
				  20-138.2A or
				  G.S.
				  20-138.2B;
(ii) Felony speeding to elude arrest;
				  or
(iii) Any Class F, G, H, or I
				  felony involving sexual assault, assault, affray, disorderly conduct, being
				  drunk and disruptive, fraud, larceny, misappropriation of property, or
				  embezzlement.
(C) At any
				  time of:
(i) Class A, B1, B2, C, D, or E
				  felonies;
(ii) Any violation of
				  G.S.
				  14-34.2,
				  G.S.
				  14-34.5, or
				  G.S.
				  14-34.7;
(iii) Any violation of
				  G.S.
				  20-138.5; or
(iv) Three felony offenses in any federal or
				  state court or combination thereof. The commission of a felony is not
				  considered to be a second or subsequent felony unless it is committed after the
				  conviction of or guilty plea to the previous felony.
For convictions occurring in federal court, another state
					 or country, or for North Carolina convictions for felonies that were not
					 assigned a class at the time of conviction, the North Carolina offense that is
					 substantially similar to the federal or out of state conviction or the class of
					 felony that is substantially similar to the North Carolina felony shall be used
					 to determine whether the owner or driver is eligible. Any question from the
					 owner of a wrecker service concerning a criminal record shall be discussed with
					 the First Sergeant or his or her designee.
(22) Upon employment or upon the
				  request of the District First Sergeant, the owner of the wrecker service shall
				  supply to the Patrol the full name, current address, date of birth, and
				  photocopy of drivers license, valid work VISA, or other INS documentation for
				  all wrecker drivers and owner(s) in order for the Patrol to obtain criminal
				  history information. The owner of the wrecker service shall also provide a
				  certified copy of the driving record for the owner and each driver authorized
				  to drive on rotation upon initial application, upon the hiring of a driver
				  hired after initial application, and at the time of periodic wrecker
				  inspections conducted by the Patrol to ensure compliance with this Rule and
				  applicable statutes. The wrecker service shall inform the District First
				  Sergeant if the owner or a driver is charged with, convicted of, enters a plea
				  of guilty or no contest to, or receives a prayer for judgment continued (PJC)
				  for any of the crimes listed in Subparagraph (21) of this Paragraph. Upon
				  notification that a driver or owner was charged with any of the crimes listed
				  in Subparagraph (21) of this Paragraph, the Patrol shall conduct an independent
				  administrative investigation. Willful failure to notify the District First
				  Sergeant as required by this Subparagraph shall result in removal from the
				  rotation wrecker service for 12 months.
(23) Upon request of the vehicle owner, the
				  rotation wrecker shall return personal property stored in or with a vehicle,
				  whether or not the towing, repair, or storage fee on the vehicle has been or
				  will be paid. Personal property, includes any goods, wares, freight, or any
				  other property having any value other than the functioning vehicle
				  itself.
(24) The wrecker service
				  shall tow disabled vehicles to any destination requested by the vehicle owner
				  or other person with apparent authority after financial obligations have been
				  finalized.
(25) Unless notified by
				  the Patrol that the vehicle is being preserved as evidence, the wrecker service
				  shall allow insurance adjusters access to and allow inspection of the vehicle
				  at any time during the wrecker service's normal working hours.
(26) Being called by the Patrol to tow a
				  vehicle does not create a contract with or obligation on the part of the Patrol
				  or Patrol personnel to pay any fee or towing charge except when towing a
				  vehicle:
(A) owned by the Patrol;
(B) that is later forfeited to the Patrol;
				  or
(C) that a court determines that
				  the Patrol wrongfully authorized the tow and orders the Patrol to pay
				  transportation and storage fees.
(27) Being placed on the rotation wrecker
				  list does not guarantee a particular number or quantity of calls, does not
				  guarantee an equivalent number of calls to every wrecker service on the
				  rotation wrecker list, nor does it entitle any wrecker service to any
				  compensation as a consequence for not being called in accordance with the list
				  or when removed from the rotation wrecker list.
(28) The willful failure to respond to a call
				  by the Patrol shall result in the wrecker service being placed at the bottom of
				  any rotation wrecker list and the wrecker service shall then be "automatically
				  by-passed" when that wrecker service comes up for its next rotation
				  call.
(29) The District First
				  Sergeant or his or her designee shall subject rotation wreckers and facilities
				  to inspections during normal business hours.
(30) A rotation wrecker service, upon
				  accepting a call for service from the Patrol, shall use its wrecker. Wrecker
				  services shall not refer a call to another wrecker company or substitute for
				  each other.
(31) If a rotation
				  wrecker service plans to move its business location, the owner shall send
				  written notification of the new address to the District First Sergeant not less
				  than 10 days prior to the move. The wrecker service shall not receive rotation
				  calls prior to inspection of the new facility.
(32) A wrecker service may dispatch either a
				  wrecker or a rollback in response to a Patrol rotation wrecker call, except
				  where the wrecker service is advised that a particular type of recovery vehicle
				  is needed due to existing circumstances.
(33) A rotation wrecker driver or employee
				  shall not respond to a Patrol related incident with the odor of alcohol on his
				  or her breath or while under the influence of alcohol, drugs, or any impairing
				  substance.
(34) A wrecker service
				  shall have in effect a valid hook or cargo insurance policy issued by a company
				  authorized to do business in the State of North Carolina in the amount of fifty
				  thousand dollars ($50,000) for each small wrecker and one hundred fifty
				  thousand dollars ($150,000) for each large wrecker or as otherwise required by
				  Federal regulation, whichever is greater. In addition, each wrecker service
				  shall have a garage keeper's insurance policy from an insurance company
				  authorized to do business in the State of North Carolina covering towed
				  vehicles in the amount of one hundred thousand dollars ($100,000).