West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-6 - Rules and Regulations Applicable To Wrecker Companies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prohibition of for-hire third-party
				towing by unauthorized wrecker company. - No wrecker company, other than an
				authorized wrecker company, shall transport motor vehicles for hire, by wrecker
				truck.
6.2. Authorization and
				printed invoice required for third-party tow; necessary information; period for
				retention of records.
6.2.1. No wrecker
				company, other than an authorized wrecker company, may charge for wrecker
				service, or for services incidental to wrecker service, with respect to a
				third-party tow.
6.2.2. A wrecker
				company must describe all charges for wrecker service, or for services
				incidental to wrecker service, with respect to a third-party tow, on a printed
				invoice substantially similar to P.S.C. W.Va. M.C. FORM No. 65 and containing
				each of the categories of information required by Rule 6.2.5.
6.2.3. The wrecker company shall send a copy
				of the invoice for wrecker service containing information required by Rule
				6.2.5., to the registered owner of the towed vehicle, by United States First
				Class Mail within fifteen (15) days of the date of the tow for vehicles
				registered in West Virginia and within thirty (30) days of the date of the tow
				for vehicles registered outside of West Virginia. In either event, the wrecker
				company shall mail the information within twenty-four (24) hours of receiving
				identification of the registered owner. The wrecker company shall provide the
				original invoice to the individual who makes payment for wrecker service, and
				shall provide a copy of the invoice on request and at no charge to the owner,
				operator, or insurer of the towed vehicle.
6.2.4. The wrecker company shall retain a
				copy of each invoice for wrecker service with respect to a third-party tow for
				a period of at least three (3) years after the last date of service by the
				wrecker company with respect to that third-party tow.
6.2.5. The wrecker company shall include the
				following information on every invoice with respect to third-party tows:
6.2.5.a. the name, trade name, if any,
				address, and telephone number of the wrecker company, including the address and
				telephone number of the storage facility if it is in a separate location from
				the wrecker company main office;
6.2.5.b. the date and time that the request
				for wrecker service was received;
6.2.5.c. the name and address and/or
				telephone number, of the individual who requested the wrecker service; or, if
				the request for service came from emergency personnel or an E911 dispatcher, a
				means of identifying the requesting entity;
6.2.5.d. the license plate number and brief
				description of the wrecker vehicle used to perform the tow that will allow
				identification of the wrecker vehicle sufficient for determining the applicable
				tariff rate and the date, time, and place of departure of each such wrecker
				vehicle;
6.2.5.e. the original
				location of the vehicle requiring the third-party tow;
6.2.5.f. the place to which the towed vehicle
				was transported and the date and time of arrival;
6.2.5.g. the date and time that the wrecker
				vehicle returned to the base of operations or was dispatched pursuant to the
				next call, whichever came first;
6.2.5.h. identifying information regarding
				the towed vehicle, including a general description of the vehicle, the make,
				model and license plate state and license plate number of the towed vehicle,
				and the Vehicle Identification Number, to the extent such information is
				available;
6.2.5.i. an itemization
				of the charges for towing (including a statement of the hourly and per unit
				tariff rates applicable to the tow), storage time (including the daily fee for
				storage), and any other service rendered pursuant to the wrecker company's
				tariff, attaching extra pages to the invoice if necessary;
6.2.5.j. a schedule including the
				Commission-approved rates and charges in the wrecker company's tariff on file
				with respect to third-party tows (which schedule may appear on a subsequent
				page or pages, or back of a page, if referenced on the front page in bold
				letters), or a statement that a copy of the tariff is available on request;
6.2.5.j.1. die following words which must
				appear on the front of the invoice in bold capital letters:
"The rates and charges for third-party tow wrecker service,
				  and for services incidental thereto, are regulated by the Public Service
				  Commission of West Virginia. If you feel that you have been charged unfairly,
				  you may complain to that agency at the following address: Executive Secretary,
				  Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV
				  25323."
6.2.5.k. a
				statement that the equipment used for the tow was necessary and asserting that
				the application of die rates is correct, signed by die owner of the wrecker
				company or by an authorized employee;
6.2.5.l. the address, telephone number and
				days and hours of operation of die storage facility from which the towed
				vehicle may be retrieved; and,
6.2.5.m. a statement that die registered
				owner of the towed vehicle or the designee of the registered owner may have
				access to the vehicle during normal business hours at no charge, for the
				purpose of retrieving personal property that is not attached to die vehicle,
				unless law enforcement has placed a hold on the vehicle. Retrieval allowed by
				this rule docs not apply to cargo hauled by a commercial vehicle, either truck
				or trailer.