Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0004 - Motor Carrier › Chapter 1 - Motor Carriers › Appendix B to Chapter 1 - Motor Carriers

Current through July 13, 2024
This appendix contains the
Wyoming Highway Patrol Policies
				  and Procedures on Rotational Tow and Recovery Operational Manual
.
Section 1. Authority and Purpose of Manual.
(a) Wyoming Department of Transportation (WYDOT) has the authority
				  to provide rules and regulations for the safe and efficient removal of vehicles from
				  the highways when the owner is not present under
				  W.S.
				  31-5-1701. The Wyoming Highway Patrol (WHP) has
				  been delegated this authority to assure procedures are in place for the WHP's
				  voluntary non-consensual rotational list.
(b) The purpose of this manual is to state the policies,
				  procedures, and standards for members of WHP and for towing and recovery carriers
				  with regard to towing service standards. Also, this manual serves to further ensure
				  the safe and efficient removal, storage, and safekeeping of any and all vehicles
				  being towed by and placed into custody of such towing companies.
Section 2. Definitions.
(a) "Abandoned motor vehicle rotational list" means a specific
				  list of approved tow and recovery companies called to remove abandoned vehicles
				  maintained by WHP.
(b) "DRC" means the Dispute Resolution Committee.
(c) "Call-out area" means a rotational call-out area that is a
				  unique geographical area defined by boundaries determined by the Wyoming Highway
				  Patrol Troops Map. In some instances, a division or troop may be divided into
				  multiple lists. These areas shall be based upon, but not limited to, geographical
				  issues and response times. In some instances, call-out areas may cross troop
				  boundaries.
(d) "Colonel" means the agency administrator for the WHP.
(e) "Department" means the Wyoming Department of
				  Transportation.
(f) "Executive command staff" means WHP rank consisting of
				  colonel, lieutenant colonel, field operations commander (major), and support
				  services commander (major).
(g) "GCVW" means Gross Combined Vehicle Weight.
(h) "GVW" means Gross Vehicle Weight.
(i) "GVWR" means Gross Vehicle Weight Rating.
(j) "Level 1 safety inspection" means a North American Standard
				  inspection that includes examination of or for driver's licenses; medical examiner's
				  certificates and Skill Performance Evaluation certificates (if applicable); alcohol
				  and drugs; driver's records of duty status as required; hours of service; seatbelts;
				  vehicle inspection report(s) (if applicable); brake systems; coupling devices;
				  exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop
				  lamps, turn signals, and lamps/flags on projecting loads); securement of cargo;
				  steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels,
				  rims, and hubs; windshield wipers; emergency exits and/or electrical cables and
				  systems in engine and battery compartments (buses); passenger vans or other
				  passenger carrying vehicles, and Hazardous Material/Dangerous Good (HM/DG)
				  requirements as applicable. HM/DG required inspection items will be inspected by
				  certified HM/DG inspectors.
(k) "Level 5 safety inspection" means a vehicle-only inspection
				  that includes each of the vehicle inspection items specified in Section 2, paragraph
				  (j) without a driver being present.
(l) "Liability insurance coverage" includes:
(i) "Cargo coverage" which provides protection against all risks
				  of physical loss or damage to freight from any external cause.
(ii) "Garage keeper's liability" which protects against liability
				  for damage to vehicles in a garage keeper's care, custody, or control.
(iii) "On-hook coverage" which usually pays to repair or replace a
				  vehicle that the towing company did not own if it is damaged by a collision, fire,
				  theft, explosion, or vandalism while it is being towed or hauled.
(iv) "Vehicle liability" which pays for damages due to bodily
				  injury and property damage to others for which the towing company is
				  responsible.
(m) "Manual" means the
Wyoming Highway Patrol Rotational
				  Tow and Recovery Policies and Procedures Operational Manual.
(n) "Rotational list" means a list of approved towing companies
				  maintained by the WHP on a rotating basis to tow vehicles.
(o) "TAB" means the Towing Advisory Board.
(p) "Tow carrier" means any person, firm, or corporation engaged
				  in the business of offering towing and recovery services by use of a tow truck and
				  storage facility.
(q) "Tow and recovery program coordinator (TRPC)" means the
				  primary administrator of the rotational list whose primary duties include, but are
				  not limited to, reviewing and approving applications for acceptance on the
				  rotational list, inspecting towing companies' vehicles and equipment, responding to
				  questions concerning the rotational list, and participating on the TAB and the DRC.
				  In the event the TRPC is not available, the above responsibilities shall be the duty
				  of the division lieutenant or a designee.
(r) "WHP" means the Wyoming Highway Patrol.
(s) "WHP website" means
http://www.whp.dot.state.wy.us/home.html
.
Section 3. Statement of Intent.
(a) It shall be the policy of WHP to create a rotational list of
				  tow carriers who meet or exceed standards prescribed in this manual under the rules
				  and regulations of WYDOT. The TRPC shall have the authority and responsibility to
				  oversee all completed inspections on each tow carrier business and equipment and
				  also to make sure each driver is qualified before authorization is given to be
				  placed on the rotational list. Only vehicles passing the tow truck inspection will
				  be placed on the rotational list. Absent a vehicle owner's request for a specific
				  tow carrier, only those tow carriers whose equipment, drivers, procedures, and
				  services conform to the following procedures and standards will be utilized by the
				  WHP. These measures ensure the following for the citizens, who utilize the highways
				  in the State of Wyoming:
(i) That each and every tow carrier is reputable, reliable, and
				  possesses adequate equipment and qualified employees;
(ii) That each tow carrier is properly licensed and insured;
				  and
(iii) That each tow carrier charges a fair and reasonable rate for
				  services rendered.
(b) The WHP shall allow any qualified tow carrier to submit an
				  application for consideration to participate on the rotational list, as determined
				  by this manual. By submitting an application to be placed on the rotational list,
				  each tow carrier agrees and understands that the policies, procedures, and standards
				  within this manual shall strictly govern its initial and continuing position on the
				  rotational list.
(c) The rotational list is strictly voluntary, and a tow carrier
				  may remove its name at any time by contacting the TRPC or respective division
				  lieutenant.
(d) Noncompliance by tow carriers, owners, employees, or towing
				  vehicles may result in the immediate removal from the rotational list by the TRPC
				  until compliance is met and verified.
(e) The WHP executive command staff shall be the final authority
				  on all policies, procedures, and standards governed by this manual.
(f) The efficient and safe removal of vehicles from the highways
				  throughout the state when such removal becomes necessary is an important concern of
				  WHP.
(g) It is equally important to provide this service in a fair and
				  reasonable fashion to the motoring public, especially those who are unable to
				  actively remove their vehicles and property from the state highway system after an
				  incident.
(h) Guidelines are established in order to ensure certain
				  standards are maintained by tow carriers on the rotational list and those tow
				  carriers who meet those standards receive reasonable opportunity to provide such
				  service.
(i) These established guidelines ensure the motoring public is
				  treated equitably, fairly, and consistently by tow and recovery companies who are
				  working in concert with the WHP to keep the highway system clear of disabled
				  vehicles.
(j) As a service to the motoring public, the WHP will maintain a
				  current list of tow carriers in each general division area on a rotational basis.
				  The TRPC will supply the WHP Communications Center with an accurate and updated
				  rotational list for each respective division.
(k) It is crucial that the relationship between the WHP and tow
				  carriers on the rotational list is founded upon a common goal of safely and
				  efficiently clearing the highway system of disabled vehicles. Public trust must be
				  maintained while this goal is met.
(l) The working relationship that exists between the WHP and tow
				  carriers can create the impression that tow carriers are part of the WHP. Tow
				  carriers are not a part of the WHP. Tow carriers who work with the WHP, and who are
				  included on the rotational list, shall not conduct business in any fashion that
				  discredits or adversely affects the WHP.
Section 4. Application Process.
(a) The annual inspection process runs from January 1 to June 30
				  annually, which will be conducted by the division lieutenant. It is the
				  responsibility of each tow carrier to provide accurate forms by email, mail, fax, or
				  hand delivery to the TRPC or Level 1 inspector prior to the beginning of the
				  inspection period.
(b) Each year thereafter, tow carriers desiring to remain on the
				  rotational list shall resubmit
ALL
forms in the same manner listed
				  below in Section 4, paragraph (i). The forms shall be updated to reflect current
				  information as it exists at the time of the annual inspection.
(c) A tow carrier shall be in business for a minimum of one year
				  within the rotational area requested prior to being eligible to operate on the
				  rotational list. A tow carrier currently operating on the rotational list that is
				  sold would be eligible to apply for a position within that specific call-out area if
				  in compliance with all applicable requirements.
(d) No tow carrier will be considered for a position on the small
				  rotational list if their sole equipment listed on their rotation application is a
				  rollback wrecker. A small wrecker, Class A, is required.
(e) Tow carriers shall have a minimum of two Class C wreckers to
				  be considered for the large rotation. The division lieutenant and the TRPC may grant
				  exceptions based on geographical area, the average number of large rotational calls,
				  and the number of tow recovery carriers who operate on that specific large
				  rotation.
(f) Tow carriers shall provide proof of their current Wyoming
				  operating authority for inspection. Information on obtaining Wyoming operating
				  authority can be found on the WHP website.
(g) Tow carriers shall provide a copy of the business's Vehicle
				  Storage and Disposal Facility License. This can be provided on the T/R-5
				  form.
(h) Tow carriers shall read, review, and comply with this manual,
				  and the WYDOT Rules and Regulations, Motor Carrier Program Rules.
(i) Tow carriers will provide the following documents prior to the
				  start of the business inspection with the required information completed. These
				  forms are available on the WHP website.
(i) Tow Truck Fact Sheet (T/R-1);
(ii) Driver Information (T/R-2);
(iii) Equipment Information (T/R-3);
(iv) Tow Truck Inspection (T/R-4);
(v) Tow Truck Business Inspection (T/R-5);
(vi) Rotational List Signed Guidelines (T/R-6); and
(vii) Rotational Fee Schedule (T/R-7).
(j) Failure to provide true and accurate information on all forms
				  may result in disciplinary action or denial from operating on the rotational
				  list.
(k) Tow trucks that are required to undergo a Commercial Vehicle
				  Safety Alliance (CVSA) level 1 or 5, may have a decal affixed by a certified Level 1
				  inspector. Proper disbursement, logging, and accountability of these decals is based
				  on the CVSA requirements.
(l) Following the CVSA safety inspection, the equipment standards
				  must be met as outlined on the T/R-4 form. Upon successful completion of the T/R-4
				  form, an approved WHP decal will be affixed either above or below the driver's side
				  door handle indicating a successful inspection. The decal will indicate the date of
				  the inspection, class, and vehicle identification number (VIN) of the tow
				  truck.
(m) If a tow truck displays a valid CVSA decal that was issued
				  within ninety (90) days, another CVSA inspection is not required. The inspection
				  number shall be put on the T/R-4 form.
(n) A WHP member will conduct a business inspection using the
				  T/R-5 form upon initial acceptance on the rotational list and upon any changes to
				  the business address.
(o) All paperwork will be forwarded to the TRPC for final
				  inspection for accuracy and consistency. If discrepancies are found in the
				  paperwork, the TRPC will make the proper notifications to ensure the paperwork is
				  rectified.
(p) All completed inspection paperwork will be placed in the
				  company file in the commercial carrier section. Copies of successful vehicle
				  inspections will be sent to the Regulatory Section and to the Compliance and
				  Investigation Section of the Department.
(q) Each T/R-1 will be sent to the WHP Communications Center in
				  Cheyenne upon satisfactory completion to ensure the tow carrier's position on the
				  rotational list.
(r) A rotational fee schedule T/R-7 submitted by a tow carrier
				  shall not be used until approval documentation has been given to the tow carrier by
				  the TRPC.
Section 5. Rates.
(a) Tow carriers shall furnish the WHP with a current and accurate
				  list of charges for various services and agree to present revisions thereof upon any
				  change of rates prior to the implementation of the rate change. The provided T/R-7
				  form shall be used and be in compliance with Section
				  5 of this manual. Fees charged shall be fair and
				  reasonable as compared to the industry.
(b) Fees shall not be excessive and shall match similar invoices
				  for calls originated outside of the rotational list.
(i) Fairness is based on other rates and charges rendered for
				  similar services.
(ii) Reasonableness is based on accepted fee schedules, posted
				  rates, possible quotes, invoices, and other documentation of rates.
(c) No additional rate of charge may be applied to any incident
				  simply because the call was initiated from the rotational list. Examples of such
				  prohibited charges would include law enforcement call-out or emergency call-out
				  (when non-rotational calls would not also be subject to the emergency call-out
				  fee).
(d) A call during normal business hours is not considered an
				  emergency call-out.
(e) No reference, actual or implied, to the rate of charge being
				  related to the WHP rotational list or to law enforcement call-outs in general shall
				  be made verbally or in written form when billing or negotiating payment for
				  services, or at any other time during which the tow and recovery carrier or its
				  representative is dealing with the public.
(f) Services not actually performed by a tow and recovery carrier
				  shall not be charged if the services were provided by another entity such as WYDOT,
				  law enforcement, fire department, or others. Services rendered by another entity may
				  include, but not be limited to, traffic control and hazardous material clean
				  up.
(g) No reference, actual or implied, shall be made that gives the
				  impression that the WHP receives any financial gain, or maintains any business
				  relationship with, the tow and recovery carrier providing the service.
(h) It shall be a violation for any tow carrier to charge an
				  excessive towing, recovery, storage, or other services rate.
(i) Utilizing a minimum weight for any class of vehicle or
				  combination of vehicles is not accurate. A certified weight slip from a
				  port-of-entry, WYDOT scale, bill of lading reflecting current cargo, or other
				  document providing an actual weight of the vehicle or combination of vehicles shall
				  be utilized if the actual weight is unknown from the driver or company. A vehicle or
				  combination of vehicles without cargo shall be charged for its actual weight and not
				  using the GVWR or the GCVWR if provided on the T/R-7 form by the carrier.
(j) Administrative fees shall be fair and reasonable when applied
				  to any type of call.
(k) Storage fees shall be in accordance with the fee schedule
				  provided to the WHP by the tow and recovery carrier and in accordance with Section
				  11 of this manual.
(l) Tow carriers should have the ability to accept all forms of
				  payment roadside to include credit card, debit card, COMcheck, and cash. If a tow
				  carrier is unable to accept any of these payment options roadside, no additional
				  rate of charge shall be applied to the customer when one of these payment options is
				  requested by the customer roadside. No additional rates shall be applied to obtain
				  payment elsewhere if not collected on scene.
(m) A tow carrier shall have the ability to accept multiple
				  payment options either by credit card, debit card, COMcheck, or cash at the business
				  facility. If a payment option or vehicle availability to a customer is unavailable,
				  no additional rate of charge shall be applied once the services are completed and a
				  request has been made by the customer.
(n) When called from the rotational list, a tow carrier shall
				  include a minimum of the following on each invoice or on an additional sheet of
				  paper:
(i) The name, address, and telephone number of the tow carrier and
				  the name of the individual or entity who requested the service;
(ii) The date and time that the request for service was received,
				  time of arrival, and location;
(iii) The place to which the towed vehicle was transported and the
				  time that it arrived there;
(iv) Mileage to the scene (if applicable) and mileage from the
				  scene to the storage facility;
(v) The date and time the vehicle was placed into an inside or
				  outside storage facility and the date and time it was released (if
				  applicable);
(vi) An itemization of the charges for towing, recovery, storage,
				  and other services rendered;
(vii) The make, model, year, VIN, and, if available, the license
				  plate for the vehicle being towed; and
(viii) A notation that, if a customer has questions or concerns
				  regarding charges, a complaint may be filed using the WHP website.
Section 6. Tow Truck Requirements.
(a) No tow truck may be stationed and/or used in more than one
				  rotational area.
(b) No tow truck may be used, regardless of the situation, by more
				  than one tow carrier without first requesting permission from the WHP prior to each
				  call.
(c) Every tow truck shall be presentable, have a professional
				  appearance, and must be in compliance with all applicable state and federal
				  requirements.
(d) The place of the tow truck inspection must be either asphalt
				  or concrete to allow for movement of the inspector under the tow truck.
(e) The Department hereby incorporates by reference the following
				  uniform regulations:
(i) CVSA 49 CFR Chapter 3, Subchapter B, Appendix G, as the
				  standard for safety equipment (Level 1 or 5) on tow and recovery vehicles with a
				  minimum GVWR of 26,001 pounds (intrastate) or a minimum GVWR of 10,001 pounds
				  (interstate). Adopted by the Department and effective as of May 9, 2022, found
				  electronically at
https://www.govinfo.gov/app/details/CFR-2011-title49-vol5/CFR-2011-title49-vol5-subtitleB-chapIII-subchapB-appG/context
;
(ii) The Department has determined that incorporation of the full
				  text in these rules would be cumbersome or inefficient given the length or nature of
				  the regulations;
(iii) The incorporation by reference does not include any later
				  amendments or editions of the incorporated matter beyond the applicable date
				  identified in subsection (e)(i) of this section; and
(iv) The incorporated regulations are maintained at WYDOT, 3001
				  Bishop Boulevard, Cheyenne, Wyoming and are available for the public inspection and
				  copying, at no cost to the public, at the same location.
(f) If the CVSA inspection identifies a defect of any type, the
				  operator is entitled to request a second inspection by another inspector.
(i) If the inspection identifies a non-safety-related defect or
				  deficiency, the operator will be informed of the defect or deficiency and requested
				  to correct it. Failure to correct the defect or deficiency within thirty (30) days
				  of the notice will result in suspension from the WHP rotational towing system until
				  the defect or deficiency is corrected.
(ii) If the inspection identifies a safety-related defect or
				  deficiency, the tow truck will be immediately taken out of service. The tow truck
				  cannot be used until the reinspection confirms that the defect or deficiency has
				  been corrected.
(iii) If either the inspection form or certification decal is
				  lost, removed, rendered unreadable, or destroyed, the operator must immediately
				  notify the TRPC. The inspection process will be verified before a new certification
				  decal is given.
(g) Should a tow truck respond to a WHP initiated service call
				  with an out-of-service violation, the towing company shall not be permitted to
				  perform services, and the towing vehicle shall be placed out of service. The tow
				  carrier will be moved to the bottom of the rotational list and not be compensated
				  for the call. The next scheduled tow carrier on the rotational list shall be
				  contacted by the WHP Communications Center.
(h) A tow carrier on the rotational list that would like to
				  introduce a new truck to the rotation must first receive a safety inspection. The
				  T/R-1, T/R-3, and T/R-4 forms must also be completed.
(i) In the event a non-approved tow truck arrives at a scene, that
				  tow carrier will be denied the call and moved to the bottom of the rotational list
				  receiving no compensation for the response. The next tow carrier on the rotational
				  list will be called.
(j) A tow truck not meeting the requirements as set forth within
				  this manual will not be allowed to respond to calls originating from the WHP
				  rotational system.
(k) A copy of the most recent T/R-2 and T/R-4 shall be kept in the
				  corresponding tow truck and shall be shown at the request of any WHP member.
(l) All tow trucks must operate in compliance with, and are
				  subject to, all applicable federal and state commercial vehicle statutes, traffic
				  laws, and rules and regulations.
(m) The WHP has statutory authority to spot check any tow truck
				  for registration, fuel licensing, letter of operating authority, weight violations,
				  and commercial vehicle/driver inspections.
(n) If required by state statutes, tow trucks shall stop at
				  Wyoming ports-of-entry.
Section 7. Required Equipment for Tow Trucks.
(a) Equipment requirements must be in accordance with Chapter 1,
				  Section 6(b)(i)
				  through 6(d)
				  (viii).
(b) Sirens on towing vehicles are prohibited per
				  W.S.
				  31-5-952(d).
(c) The tow carrier's name, city, phone number, and USDOT number
				  must be visible and legible from 50 feet. It shall be painted or permanently affixed
				  in a conspicuous place on both sides of the towing vehicle. Magnetic or stick-on
				  signs will not be permitted.
(d) Additional Required Equipment:
(i) Minimum of three flags, triangles, or other approved warning
				  devices;
(ii) Minimum of one, 5-pound dry chemical fire extinguisher or
				  equivalent;
(iii) Clearance lights on the front of the vehicle;
(iv) Extension cord or other device to illuminate
				  stop/turn/taillights on the towed unit;
(v) One shovel and one broom;
(vi) Two-way radio, mobile, or cellular phone;
(vii) Steering wheel clamp or equivalent;
(viii) Other equipment as outlined on the T/R-4 form; and
(ix) Every tow truck shall have a manufacturer data plate affixed
				  or a wrecker manual outlining the safety ratings.
Section 8. Driver Requirements.
(a) The TRPC will maintain a copy of all required training in the
				  tow company's file. All applicable training can be found on the WHP website.
(b) Effective January 1, 2023, all tow truck drivers shall provide
				  certification they have successfully completed Traffic Incident Management (TIM)
				  training in accordance with the Federal Highway Administration. It is the
				  responsibility of the tow carrier to ensure each driver has attended this training
				  prior to responding to any calls on the WHP rotational list.
(i) TIM recertification training will be required every three
				  years, and the certificate of completion shall be provided to the TRPC.
(c) All towing carrier drivers shall have
one
of the
				  following requirements prior to being eligible for the rotational list and
				  responding to any rotational call:
(i) Documentation certifying the tow truck operator has a minimum
				  of one year for light duty or;
(ii) Three years for heavy duty experience or;
(iii) Completion of a nationally accredited program. These can be
				  found on the WHP website or their respective website:
(A) Towing and Recovery Associations of America, online
				  based.
(B) Wreckmaster, which provides classroom, hands on, and online
				  training; or
(iv) The TRPC may determine training that is not specifically
				  listed under paragraph (c) of this section is acceptable in accordance with
				  Occupational Safety and Health Administration requirements. The tow truck driver is
				  required to provide applicable information regarding this training to the TRPC prior
				  to a decision being made. This includes, but is not limited to, course outline,
				  training documents, training hours, and completion certificate.
(d) All tow carrier drivers shall have a good working knowledge of
				  the equipment and tow trucks they operate in order to successfully complete all
				  required tasks.
(e) All employees on a scene shall wear a high visibility traffic
				  vest, shirt, or coat in accordance with American National Standards Institute and
				  federal CFR, Title 23, Highways, Chapter 1, Federal Highway Administration,
				  Department of Transportation, Part 634, Worker Visibility.
(f) All personnel, while performing their duties on a scene, shall
				  wear acceptable and appropriate clothing to perform the necessary tasks, and the
				  clothing shall identify the company.
(g) If an operator responds to a WHP initiated call and violates
				  this section, they would be required to leave the scene, subsequently lose that
				  rotational call-out, and be placed on the bottom of the rotational list.
Section 9. Insurance.
(a) Each tow carrier shall maintain insurance policies for the
				  minimum amounts set forth in this section. The insurance policies shall be in the
				  name of the tow carrier and shall include coverage for towing and storage. The
				  policies shall be valid for at least twelve (12) months.
(b) A certificate of insurance shall be filed with the WHP before
				  a tow carrier is placed on the rotational list. Certificates of insurance must be
				  itemized to indicate amounts of vehicle liability coverage, garage keeper's
				  liability coverage, on-hook coverage, and cargo coverage. The policies shall also
				  disclose all towing vehicles covered. Nothing shall preclude a tow carrier from
				  obtaining coverage in excess of these amounts.
(c) Liability coverage must be equal to or greater than the
				  minimum amounts below. Insurance coverage may be provided in a single policy or
				  separate split policies. Regardless of the type of policy or policies, the total
				  amount of coverage must equal those amounts listed below-per incident, per the
				  requirements under Wyoming operating authority.
(i) Minimum vehicle liability coverage:
(A) Classes A, B, C, and R: $750,000
(ii) Minimum on-hook and cargo coverage:
(A) Class A and R: $75,000
(B) Class B: $150,000
(C) Class C: $200,000
(iii) Minimum garage keeper's liability coverage:
(A) Class A and R: $75,000
(B) Class B: $150,000
(C) Class C: $200,000
(d) Exception: An Umbrella policy is acceptable as long as it
				  covers the above listed categories (vehicle liability, garage keeper's liability,
				  on-hook, and cargo liability) and the amount of coverage is the same or greater than
				  the total of each category's coverage added together.
Section 10. Business Requirements.
(a) The TRPC or the rotational area lieutenant will assign each
				  tow carrier to a specific rotational area. Each tow carrier will only be allowed to
				  respond to rotational calls within their designated area unless given prior
				  authorization by a member of the WHP.
(b) Any changes to a rotational boundary for which a tow carrier
				  resides and works will rest upon the lieutenant who oversees that rotational area
				  along with the TRPC.
(i) If the request is granted, notification shall be made to the
				  following:
(A) WHP Communication Center,
(B) Rotational area lieutenant, or
(C) TRPC.
(c) A tow carrier shall be listed only once on each rotational
				  list and only in the name under which it is qualified to conduct business in this
				  state.
(d) The WHP prohibits a tow carrier conducting business at one
				  location from receiving multiple listings on that divisional rotational list by
				  using a different or fictitious name or address.
(e) It is prohibited for one or more tow carriers, owned in whole
				  or in part by the same individual, partnership, or Parent Corporation to be
				  qualified to participate on the same rotational call out area.
(f) No tow carrier owner shall have a vested interest in another
				  tow carrier within the same rotational area. Only one tow carrier is allowed per
				  rotational area if owned by the same individual or corporation.
(g) Each tow carrier shall be completely independent of any other
				  tow carrier within that same rotational area. For the purpose of these guidelines, a
				  tow and recovery company is defined by a unique operating authority, phone number(s)
				  for rotational call-out purposes, an actual physical business address, business
				  facility from any another tow and recovery company, mailing address, business
				  license, insurance policy, storage facility, EIN filing number, and own towing
				  equipment.
(h) A tow carrier shall not rely upon any other tow carrier for
				  assistance with normal day-to-day functions.
(i) An actual business office shall be located at the physical
				  address that is used for the business facility on the application forms.
(j) Each tow carrier shall be domiciled in Wyoming.
(k) In counties where there are multiple divisional boundaries, a
				  tow carrier may be listed in each division if the towing company has distinctly
				  separate storage facilities within the division and separate and distinct equipment
				  and business offices located within each division. The storage facilities and
				  equipment shall meet the standards set forth in this manual.
(l) A tow carrier shall display a plainly visible sign with the
				  carrier's name and phone number outside the business facility for customers to see.
				  The sign shall be plainly visible and legible from the street and have a
				  professional appearance.
(m) Tow carriers who are requesting a position on the rotational
				  list shall not operate on a seasonal or part time fashion, and shall be available on
				  a year round basis.
(n) Towed vehicles shall be accessible to customers and WHP
				  members between the hours of 8 a.m. and 5 p.m. Monday through Friday, excluding
				  state recognized holidays. In the event a tow carrier is unable to release a vehicle
				  during the hours specified above when a reasonable attempt has been made by the
				  customer, storage fees shall not be assessed after that attempt.
(o) If the current tow and storage rates are not posted within the
				  business facility, the company must be able to provide the current rates when
				  requested by a customer.
(p) A chronological record of services rendered as a result of
				  calls initiated by the WHP rotation shall be maintained for a minimum of two years.
				  This will assist in ensuring all disputed invoices are in proper compliance with the
				  fee schedule provided to the WHP by the tow and recovery carrier.
(q) Tow carriers must own or lease the towing equipment in the
				  performance of its towing services, and the equipment must be registered to the
				  company. The tow carrier must notify the TRPC if a tow truck is sold. The seller
				  must remove the tow truck's certification decal from the door, and it shall be
				  destroyed. The tow truck is not qualified to be used on rotational calls until it
				  has passed an inspection conducted by the WHP.
(r) Tow carriers must employ drivers who possess a valid Wyoming
				  driver's license pursuant to
				  W.S.
				  31-7-106, unless exempt by
				  W.S.
				  31-7-107.
(s) All drivers who operate tow trucks with a GVWR of 26,001
				  pounds (intrastate) or over 10,000 pounds (interstate) as set forth in
				  W.S.
				  31-7-304, shall possess a current commercial
				  driver's license for the class of vehicle(s) operated.
(t) Prior to the time of the initial application, governed by the
				  provisions of this manual, criminal history background checks on all employees who
				  will have access to any towed vehicle shall be furnished to the WHP. Alternatively,
				  an employee's valid Wyoming concealed firearm permit may be submitted to WHP as
				  proof of a cleared background check. This process will be required every three years
				  after completion of the initial criminal history background check or after initial
				  submission of a valid Wyoming concealed firearm permit. However, any time new
				  drivers are hired or re-hired, they shall provide either their valid Wyoming
				  concealed firearm permit or submit their fingerprints in accordance with the below
				  procedures:
(i) Obtain instructions on the WHP website prior to filling out
				  the blue applicant fingerprint card in order for proper return and acceptance;
				  and
(ii) Contact a local law enforcement agency to schedule a time for
				  a criminal history background check to be completed. Make sure a blue fingerprint
				  card is available at the local law enforcement agency for the scheduled time. A
				  charge may be applied by some agencies to conduct the fingerprints.
(u) Send the fingerprint card along with the required fee using a
				  certified check or money order to the Division of Criminal Investigation. The
				  address can be obtained on the WHP website.
(v) The individual who had the criminal history background check
				  completed shall provide the results to the TRPC, who will place the results in the
				  towing company's file for each driver and anyone who has access to stored
				  vehicles.
(w) All criminal history background checks shall be completed and
				  furnished to the WHP prior to a driver being accepted on the T/R-2 form.
(x) The TRPC shall maintain all criminal history background checks
				  in the towing company's file. All files are to be placed in a secure area that is
				  not accessible to the public, pursuant to National Crime Information Center
				  regulations.
(y) If an employee is found to have a driver's license that is
				  revoked, suspended, or canceled, the TRPC shall notify the tow carrier in writing by
				  email, mail, fax, or hand delivery. The tow carrier shall not permit such an
				  employee to drive any towing vehicle for any reason until that employee has
				  satisfied all legal reinstatement requirements for the license. The tow carrier
				  owner and employee may both be subject to criminal charges if the employee is
				  allowed to drive under these circumstances.
(z) The tow carrier shall maintain an up-to-date driver file for
				  each driver and ensure that each driver's license remains valid.
(aa) If a driver is employed by more than one tow carrier, each
				  tow carrier shall maintain an independent and separate driver file on the driver. In
				  these cases, the driver is only required to submit the results of a criminal history
				  background check one time.
(bb) Tow carriers must notify the TRPC by email, mail, fax, or
				  hand delivery (in writing), of any of the following within 5 business days:
(i) The tow carrier shall submit all new T/R forms to the TRPC
				  when there is a change in ownership. Failure to comply will result in a removal from
				  the rotation;
(ii) The tow carrier shall submit an updated T/R-2 form to the
				  TRPC to reflect any changes to tow truck drivers; or
(iii) Any actions committed by a driver, which would cause their
				  driver's license to be suspended, revoked, or canceled.
(cc) Criminal Convictions and Charges:
(i) A tow carrier owner or driver will not be allowed to
				  participate on the rotational list if convicted of one of the following crimes:
				  burglary, robbery, murder, manslaughter, assault, arson, domestic violence, child
				  abuse, sex crimes, larceny, property crimes, fraud, forgery/counterfeit, eluding,
				  human trafficking, driving while under the influence, controlled substance, or other
				  crimes involving violence, theft, or dishonesty, within the past 10 years.
(ii) If a criminal history background check or other information
				  received by the WHP indicates that a tow carrier owner or driver has been convicted
				  of a felony within the past 10 years that the WHP determines might compromise public
				  safety and security, such owner or driver shall not be approved for the rotational
				  list and shall be notified of such determination by the TRPC.
(iii) If an owner or operator is convicted of a crime listed
				  within this section after a background check was completed, notification must be
				  made to the TRPC within 10 days of the conviction. A failure to disclose the
				  conviction will be a cause for the owner or operator to be removed from operating on
				  the rotational list.
(iv) For the purposes of this manual, a conviction includes any of
				  the following:
(A) An unvacated adjudication of guilt or a determination of a
				  violation in a court of original jurisdiction or an administrative
				  proceeding;
(B) An unvacated forfeiture of bail or collateral deposited to
				  secure the person's appearance in court;
(C) A plea of guilty, or nolo contendere accepted by the
				  court;
(D) The payment of a fine or court cost; or
(E) Violation of a condition of release without bail, regardless
				  of whether the penalty is rebated, suspended, or probated.
(v) The WHP has the right to remove the tow carrier or driver from
				  the rotational list upon receiving notification of the felony charge(s) or
				  conviction. Such notification shall be made by email, mail, fax, or hand delivery
				  (in writing) by the TRPC within 10 days of being arrested or charged.
(dd) No operator, employee, or individual used by a tow carrier in
				  a non-consensual tow and recovery operation shall be a member or affiliate of any
				  federally identified criminal organization.
(ee) Tow carriers shall not be permitted to take any vehicle towed
				  at the WHP's request to a storage lot other than the storage lot provided by the tow
				  carrier unless otherwise authorized by the investigating WHP member.
(ff) All tow carrier owners and drivers are expected to know, and
				  shall comply with, all applicable federal/state regulations and traffic laws of
				  Wyoming.
(gg) A tow carrier shall not perform repair work on a towed
				  vehicle without first having obtained the owner's written consent.
(hh) A tow carrier shall transport a towed vehicle to any location
				  requested by the owner/operator after a mutual agreement for payment/payment terms
				  for the services rendered by the towing company is finalized.
(ii) In accordance with
				  W.S.
				  31-13-112, personal property shall be released to
				  the owner/designee upon their request, unless the WHP member orders otherwise.
				  Personal property is defined as anything not physically attached or mounted to the
				  towed vehicle. Such items may include, but shall not be limited to, clothing
				  articles, tools, and personal items contained in glove boxes or consoles. The tow
				  carrier shall not charge for releasing personal property during normal business
				  hours. This does not apply to anything that is considered part of the vehicle or the
				  contracted load/cargo.
(jj) Any time personal property, cargo, or a vehicle, which has
				  previously been towed, is released to the owner/designee by the towing carrier, the
				  date and time of the release shall be noted on the original bill/receipt, and a copy
				  shall be kept on file at the towing carriers storage facility.
Section 11. Storage Facility Requirements.
(a) Tow carriers shall be equipped to provide adequate storage for
				  the proper safety and security of all vehicles towed at the request of the
				  WHP.
(b) If a storage facility is not adjoined to the tow carrier's
				  place of business, the tow carrier's storage facility shall be identified with a
				  highly visible sign containing the tow carrier's name and phone number. Tow carriers
				  shall comply with the Vehicle Storage and Disposal Facility License
				  requirements.
(c) The place of business, storage facility, and equipment shall
				  be located within the tow carrier's approved rotational area.
(d) Vehicles towed at the request of the WHP shall be stored in a
				  secure storage facility. The requirements as set forth by the Vehicle Storage and
				  Disposal Facility License must be met.
(e) When a Hold Order is placed on a towed vehicle by a WHP
				  member, the vehicle shall be placed in an area of the storage facility that is not
				  accessible to the general public until such time that a WHP member releases the Hold
				  Order on the towed vehicle. The member that requested the Hold Order or immediate
				  supervisor will be the one to release it. When Hold Orders are released, a Vehicle
				  Impound Form P-18(f) shall be completed. To assure adequate compensation, the towed
				  vehicle will be released to the tow carrier unless already compensated for
				  services.
Section 12. Call-Out Procedures and Standards.
(a) The rotational call-out system will operate in the following
				  manner. When the need for a tow carrier is determined by the WHP, a tow carrier will
				  be requested through the WHP Communications Center utilizing the rotational list
				  unless a specific tow carrier is requested.
(b) A trooper shall not request a tow truck until on scene or
				  until communication with the driver has been made without exigent circumstances.
				  This will ensure no unnecessary equipment or time delays for the proper equipment to
				  arrive safely on scene. The trooper will relay all pertinent information to the WHP
				  Communication Center to include, but be not limited to, the vehicle make, model,
				  year, where the vehicle(s) are located, and if any special equipment is
				  necessary.
(c) All tow carriers operating on a rotational list are expected
				  to respond to all calls for service when requested by the WHP Communication Center.
				  In the event a tow carrier does not respond, it will result in missing a turn on
				  rotation. This may result in disciplinary action unless extreme circumstances
				  exist.
(d) A special request for a specific tow carrier shall be honored
				  unless:
(i) The requested tow carrier cannot or does not respond in a
				  reasonable time, as determined by a WHP member; or
(ii) The vehicle to be towed poses an immediate traffic hazard, as
				  determined by a WHP member.
(e) A special request will not affect the tow carrier's position
				  on the rotational list, and a company need not be on the rotational list to be
				  called as a special request.
(f) If a request for a tow carrier is made by another law
				  enforcement agency, that information shall be given to the WHP Communication Center
				  to ensure no other arrangements have been made.
(g) Upon a special request, the tow carrier does not have to be a
				  tow carrier who operates on the rotational list.
(h) The WHP Communications Center will maintain a record log of
				  all requests for tow carriers. This log will include, but will not be limited to,
				  rotational request, personal request, no-answer, turn-down, tow carrier informing
				  the WHP of a vehicle retrieval request they received, and anything else that
				  warrants a log concerning a tow carrier.
(i) Whenever reasonable to do so, the motorist needing assistance
				  will be asked by a member of the WHP if they have a preference for a specific tow
				  carrier. If the vehicle is owned by a company and the driver is unsure, as to the
				  company's preference, an effort by the WHP Communications Center shall be made to
				  contact the respective company. If no preference is articulated, the next tow
				  carrier on the rotational list will be called. If that tow carrier does not respond,
				  then the next tow carrier on the rotational list will be called, and so on.
(j) A no-answer or turn-down response to a call will be considered
				  a missed turn on the rotational list, and the tow carrier for that particular call
				  will be moved to the bottom of the rotational list as if it had responded to the
				  call.
(k) When the WHP calls a tow carrier on the rotational list and
				  receives a busy signal, the dispatcher will wait a minimum of two minutes and then
				  attempt a second call. If the line is still busy on the second call, the call will
				  be considered a no-answer or turn-down call, and the tow carrier will be moved to
				  the bottom of the rotational list.
(l) Tow carriers utilizing answering services, answering machines,
				  or voicemail services must confirm acceptance of the call within two minutes by
				  calling the WHP Communications Center. Failure to do so will be considered a missed
				  turn on the rotational list, and the tow carrier will be moved to the bottom of the
				  rotational list. In the event there are exigent circumstances surrounding the
				  removal of a vehicle due to road blockage or adverse weather conditions, the
				  two-minute wait may be waived to expedite a tow carrier's response. If this takes
				  place, the tow carrier will lose their turn and will be placed on the bottom of the
				  rotational list.
(m) The WHP may determine that certain circumstances warrant the
				  use of a tow carrier closest to an emergency, rather than the tow carrier next on
				  the rotational list. In these circumstances, the special request made by the WHP
				  shall not affect the tow carrier's position on the rotational list. A tow carrier
				  need not be on the rotational list to be called as a special request. This will also
				  supersede any special request made by the motoring public as a matter of public
				  safety.
(n) The WHP will maintain separate rotational lists for specific
				  classes of tow trucks (small, large, AAA, and abandoned). If the local Sheriff's
				  Department maintains the abandoned vehicle rotational list for a given area, the WHP
				  Communications Center will document when vehicles are removed utilizing the
				  Sheriff's rotational list.
(o) If emergency services are being performed at the scene and the
				  immediate use of a tow truck is not required, WHP members should not request a tow
				  truck until all other services have been performed and are completed. In the event a
				  lengthy response time would be required due to the location, then a request prior to
				  these services being performed is acceptable.
(p) A tow carrier on the rotational list may have no more than two
				  telephone numbers for call-out purposes, and those two numbers shall be listed with
				  the WHP as primary and secondary numbers. Any change in telephone number must be
				  reported immediately to the WHP Communications Center.
(q) Any tow carriers on the rotational list, before responding to
				  any call for service on a state highway and
not dispatched originally by
				  WHP
, shall call the WHP Communications Center at
				  
										1-800-442 -9090 or (307) 777-4321 and inform the
				  center of the location of the intended response and of any other pertinent
				  information regarding the nature of the call. If the WHP has already dispatched from
				  the rotational list to that particular call, the WHP dispatched tow carrier will be
				  given first preference on the call.
(r) No tow carrier on the rotational list shall solicit or
				  retrieve any vehicle for which another tow carrier has already been called.
(s) All tow carriers are strictly prohibited from "chasing" or
				  "running" of any crashes or breakdowns.
(t) No tow carrier shall stop at the scene of a crash, disabled,
				  or unattended vehicle for the purposes of soliciting business, either directly or
				  indirectly, unless the owner or operator of said vehicle has specifically summoned
				  the tow carrier or its employees or agents to such a scene for towing or recovery
				  purposes. Cruising highways for direct or indirect compensation is
				  prohibited.
(u) No tow carrier shall use any information obtained over a
				  police monitoring device for the purposes of soliciting tow services.
(v) If a tow carrier, currently on the rotational list, arrives at
				  a scene and has received no call from the WHP or from the owner of the vehicle that
				  requires towing, the tow carrier shall be investigated as set forth in this manual.
				  The trooper on the scene shall notify the TRPC and the trooper's chain of command
				  with the applicable information.
(w) If a tow carrier will be out of service for an extended period
				  of time, seven days or longer, they must request to be removed from the rotational
				  list. This request to be removed from the rotational list must be made by calling
				  the WHP Communications Center. The TRPC must reinstate a tow carrier when the Tow
				  Carrier requests to be placed back on the rotation and is qualified.
(x) When called from the rotational list, tow carriers shall
				  provide the WHP with their estimated time of arrival to the incident in minutes. The
				  WHP employee requesting the rotational list tow and recovery carrier may, based upon
				  the circumstances of the incident, determine the predicted response time is too
				  lengthy and may opt for calling the next rotational list tow carriers. If this
				  occurs, the original tow carrier called will be moved to the bottom of the
				  rotational list.
(y) When a recovery operation interferes with the normal flow of
				  traffic on a street or highway, appropriate measures must be taken to provide
				  sufficient warning to the motoring public and sufficient traffic control, so the
				  recovery can be completed in a safe and efficient manner. The WHP will assist with
				  traffic control whenever reasonable and practical, however, other duties may
				  preclude assistance.
(z) The Department hereby incorporates by reference the following
				  uniform rules:
(i) The Manual on Uniform Traffic Control Devices Part 6, adopted
				  by the Department and effective on December 1, 2009, found electronically at
				  mutcd.fhwa.dot.gov. The uniform rules for traffic control adopted by the Department
				  shall govern all traffic control requirements.
(ii) The Department has determined that incorporation of the full
				  text in these rules would be cumbersome or inefficient given the length or nature of
				  the rules;
(iii) The incorporation by reference does not include any later
				  amendments or editions of the incorporated matter beyond the applicable date
				  identified in subsection (z)(1) of this section; and
(iv) The incorporated rules are maintained at WYDOT, 5300 Bishop
				  Boulevard, Cheyenne, Wyoming and are available for the public inspection and
				  copying, at no cost to the public, at the same location.
(aa) In order for a tow carrier to charge for traffic control or
				  traffic diversion, it must meet the requirements as set forth above.
(bb) Tow carriers shall not transfer a rotational list call-out to
				  another tow carrier. Tow carriers shall not subcontract another tow carrier for
				  assistance when it is unnecessary. Subcontracting for difficult or problematic calls
				  is allowed on a case-by-case basis with approval from the on scene trooper. The tow
				  carrier originally receiving the call shall remain as the primary carrier for the
				  call.
(cc) Ordinarily, only one tow truck shall be called to any
				  incident. If additional equipment or recovery vehicles are needed to adequately
				  complete a tow (such as a tractortrailer, heavy equipment, additional wreckers, and
				  so on), the severity of the situation and the estimated response time of additional
				  equipment shall be weighed by the WHP member at the scene. The WHP member shall
				  determine if additional assistance or equipment is required and if another tow
				  carrier and equipment should be called that may have the ability to respond in a
				  more timely fashion to open the roadway. If the tow carrier requests such assistance
				  for additional equipment, and the WHP member grants the request, the WHP member
				  shall note this through the WHP Communications Center.
(dd) In the event assistance is requested by an out-of-state tow
				  carrier, they are subject to all the policies, procedures, and rules outlined
				  herein. The final approval will be determined by the WHP.
(ee) A WHP member shall determine the towing vehicle class and
				  other potential equipment required to safely tow a disabled vehicle, relay that
				  determination to the WHP Communication Center, and the dispatcher shall relay that
				  information to the next scheduled towing company on the rotational list.
(ff) If the first called tow carrier cannot remove the vehicle and
				  does not have another tow truck that can perform the requested task, then the next
				  scheduled tow carrier on the rotational list shall be called by the WHP. This is not
				  a contracted job for either tow carrier, and the second tow carrier will get
				  compensation for the service. The first called tow carrier shall not be paid for
				  responding to the call and will be moved to the bottom of the rotational list. If
				  the WHP member's initial determination of the tow truck required to remove the
				  disabled vehicle is incorrect and the tow carrier responds but cannot perform the
				  task because it does not have the required equipment, then the tow carrier will not
				  be rotated to the bottom of the rotational list.
(gg) Under no circumstance shall a tow carrier be permitted to
				  arrive at the scene without the required tow truck class and equipment and charge
				  for two service calls in order to obtain the required equipment needed. Tow carriers
				  shall not impede the recovery and removal time of a vehicle without the express
				  approval of a WHP member in charge of the scene.
(hh) If severe weather prevents the removal or recovery of a
				  vehicle that is not considered a hazard, the tow carrier shall notify the WHP
				  Communications Center or the onscene WHP member of when the vehicle will be removed.
				  The tow carrier shall adequately mark the vehicle that is left with caution tape or
				  something similar in nature. This will provide passing motorists with a visual sign
				  alerting them the vehicle and occupants have already been attended to, hopefully
				  reducing redundant calls and wasting resources.
(ii) If the recovery involves a commercial carrier and a load is
				  compromised, the tow carrier shall notify the commercial carrier immediately. The
				  request will determine if the tow carrier's presence on scene for safekeeping of the
				  load is required.
(jj) No tow truck operator shall transport, or allow to be
				  transported, any passengers in any vehicle being towed, recovered, or hauled by a
				  wrecker, recovery vehicle, or rollback. Passengers from these vehicles are allowed
				  to be transported in the tow and recovery vehicle. If an operator elects to have no
				  passengers in the tow vehicle when sufficient space is available, no additional rate
				  of charge shall be given. In instances like this, calling for a taxi or an
				  additional tow vehicle to transport occupants is unacceptable. If the occupants
				  outnumber the seating within the tow vehicle, other arrangements shall be made with
				  applicable fees.
(kk) All tow carrier operations involving combination units shall
				  be in compliance with
				  W.S.
				  31-18-802 and
				  W.S.
				  31-18-808.
(ll) Tow carriers are expressly prohibited from calling the WHP
				  Communication Center or WHP member to determine their position on the rotational
				  list. The tow carrier shall direct all administrative questions to the TRPC.
Section 13. Towing of Hazardous Vehicles.
(a) When a trooper locates a vehicle in a hazardous location,
				  parked in violation of
				  W.S.
				  31-5-504 or
				  W.S.
				  31-5-505, the trooper will notify the WHP
				  Communications Center of the following information:
1) location,
2) vehicle description,
3) license plate or VIN if no plate is present or invalid, and
4) nature of the hazard. The trooper will request the WHP
				  Communications Center attempt to contact the registered owner and determine what
				  arrangements have been made to remove the vehicle. If contact with the owner is not
				  possible, the trooper should remove the vehicle pursuant to
				  W.S.
				  31-5-508. A vehicle inventory form (P22) will be
				  completed.
(b) If the trooper is notified of the hazardous situation by a
				  third party, it will be the trooper's responsibility to obtain the information
				  required above and follow the same notification process of the owner prior to
				  removal of the vehicle.
(c) In all situations where a hazardous vehicle was removed and
				  the WHP Communications Center was unable to contact the owner (including removals
				  originating from a third party as outlined above), a Notification Form addressed to
				  the registered owner will be sent by the trooper who initiated or approved the tow
				  with copies to their immediate supervisor and the Communications Center. A message
				  left on an answering machine or voicemail is not a substitute for written
				  notification. Notifications that are returned as "undeliverable" will be preserved
				  and forwarded to the division lieutenant with copies to the support services
				  officer, dispatch.
(d) It should be noted,
				  W.S.
				  31-5-508 requires the vehicle to be "in a position
				  or under circumstances which obstruct the normal movement of traffic." An abandoned
				  vehicle parked alongside the roadway with an unobstructed width of the highway
				  opposite the vehicle may not be a hazard. A vehicle parked after dark without park
				  lights but not obstructing the normal flow of traffic may not, on its own, be a
				  hazard. The formation of a snowdrift by a legally parked vehicle does not, by its
				  own accord, constitute a hazard. (Once a vehicle has been designated as an abandoned
				  vehicle by affixing the Abandoned Vehicle Notice, it must be removed pursuant to
				  W.S.
				  31-13-104).
(e) Each individual situation should be addressed on its own
				  merits and documented. Photographs, video, or diagrams documenting the hazard are
				  encouraged.
Section 14. Demeanor and Conduct.
(a) While operating on the rotational list, all tow operators
				  and/or employees shall refrain from any acts of misconduct including, but not
				  limited to, any of the following:
(i) Rude or discourteous behavior;
(ii) Lack of service, selective service, or refusal to provide
				  service that the operator is capable of performing;
(iii) Any act of sexual harassment or sexual impropriety;
(iv) Unsafe driving practices;
(v) Any acts of discrimination based on a protected group;
				  and
(vi) Exhibiting any objective symptoms of alcohol or drug
				  use.
(b) All operators of tow trucks, wreckers, and service vehicles
				  shall submit to a preliminary alcohol or drug screening test upon a demand by the
				  WHP if they have reasonable suspicion that an alcoholic beverage or controlled
				  substance has been used by the operator.
Section 15. Complaints.
(a) The owner, operator, or insurer of a vehicle towed by a tow
				  carrier operating on the rotational list may file a written complaint using the
				  T/R-8 form. Once this form is complete, it will be sent to the TRPC who will forward
				  all appropriate documentation to the DRC if the owner, operator, or insurer alleges
				  that:
(i) The tow carrier charged an excessive towing, recovery,
				  storage, or other services rate;
(ii) The tow carrier violated WYDOT rules and regulations;
				  or
(iii) The tow carrier violated procedures of this manual.
(b) All complaints should contain:
(i) The name of the complainant;
(ii) The complainant's address, phone number, and email
				  address;
(iii) The time and manner in which the complainant may be
				  contacted;
(iv) The name of the tow and recovery carrier;
(v) The cause of the complaint;
(vi) Copies of any documents received from or correspondence with
				  the tow and recovery carrier;
(vii) The names and phone numbers of any witnesses; and
(viii) Any other facts that may assist the DRC or WHP in
				  investigating the complaint.
(c) Complaints must be signed and submitted in writing to the
				  TRPC. This will be done by using the complaint form (T/R-8). The complaining party
				  shall include the tow and recovery carrier for which the complaint is being filed
				  against including a detailed description of the facts. The TRPC and the T/R-8 form
				  may be found on the WHP website.
(i) All tow carriers shall cooperate with the TRPC and the DRC
				  during all investigations in order to ensure a complete and thorough investigation
				  is complete.
Section 16. Dispute Resolution Committee (DRC).
(a) All tow carrier complaints and invoice disputes will be
				  reviewed by the DRC.
(b) The Commercial Carrier Section will appoint DRC members. The
				  DRC will be comprised of five to eight members with no more than two members from
				  each of the following:
(i) Tow carrier industry;
(ii) Trucking industry;
(iii) Insurance industry; and
(iv) WHP.
(c) Committee members will serve a 3-year term and may serve more
				  than one term consecutively. There is no limit on the number of terms a
				  representative may serve.
(d) If terms are not staggered and expire at the same time, there
				  will be a transitional period of one month where the new member and the existing
				  member serve together. This will ensure the committee is full at all times.
(e) The commercial carrier captain may at any point remove a
				  member of the DRC for any reason. A candidate will be selected from the list of
				  applications on file and, once appointed, would finish out the remainder of the
				  term.
(f) The DRC shall meet as often as necessary, either in person or
				  by teleconference, to review and resolve disputes or complaints.
(g) An annual meeting will be held by the DRC who will elect a
				  chair presiding over the meetings and hearings. A vice chair will also be elected in
				  case the chair is unable to be present.
(h) Each member serving on the DRC will receive a copy of the
				  complaint with all supporting documents.
(i) A copy of the complaint will be sent to the tow carrier in an
				  attempt to come to a resolution. The expectation is that the tow carrier and the
				  complainant resolve the issues without having a complete and full investigation. A
				  formal response of the resolution should be provided to the TRPC.
(j) If the tow carrier fails to respond within 20 days, beginning
				  on the 21st day, the tow carrier shall be suspended from the rotational list. This
				  will remain in effect until a response has been received by the TRPC.
(k) When the DRC receives a complaint or dispute, it shall:
(i) Set a date, time, and location in which the committee will
				  hear the complaint and provide such information to all parties in the
				  dispute;
(ii) Provide the complaining party an opportunity to address the
				  DRC regarding the complaint;
(iii) Provide the responding party an opportunity to answer the
				  complaining party;
(iv) Provide any other party an opportunity to address the DRC
				  regarding the complaint;
(v) Provide any witness the committee deems relevant an
				  opportunity to address the committee; and
(vi) Retain an audio or video recording of the hearing that may be
				  copied or transcribed at the request of any person who pays the cost thereof.
(l) At the conclusion of the hearing, the DRC, having a majority,
				  will provide a recommendation to the Colonel based on the factual basis of the
				  dispute. The Colonel at the direction of the Director of WYDOT will make the final
				  determination what action will be taken.
(m) DRC members will have access to other tow carrier invoices,
				  statements made by both the tow carrier and the client. WHP evidence may include
				  videos and photos of a crash scene when applicable, crash reports, trooper reports,
				  and T/R-7 form to compare invoices to assure accuracy.
Section 17. Disciplinary Actions.
(a) Any tow carrier, while doing business as a part of the WHP
				  non-consensual rotational system, that violates any state, local, or federal laws,
				  this Manual, or any Department rule, or commits any act that is contrary to public
				  safety, is subject to disciplinary action.
(b) A system has been established when disciplinary action is
				  deemed appropriate and necessary. Violations are separated into two categories,
				  minor and major, to ensure they are issued on an equal and fair basis.
(c) Violations not specifically listed below will be left to the
				  discretion of the Colonel and/or the director of the Department.
(d) Regardless of the severity of any action taken, all letters
				  will be kept indefinitely and do not expire.
(e) Minor violation penalties include:
(i) 1st offense: Written warning;
(ii) 2nd offense: 30-day suspension;
(iii) 3rd offense: 45-day suspension;
(iv) 4th offense: 90-day suspension;
(v) 5th offense: 1-year suspension; and
(vi) 6th offense: Permanent removal.
(f) Minor violations may include the following or similar conduct:
(i) A tow carrier calling the WHP to request position on
				  rotation;
(ii) Vehicle or driver inspections not in vehicle;
(iii) Insurance lapse or improper coverage;
(iv) Tow truck driver arriving to scene without qualification on
				  file;
(v) Giving an estimated time of arrival and not arriving at a
				  reasonable time without informing the WHP Communications Center or on-scene
				  trooper;
(vi) Rates not posted or available for customers within
				  business;
(vii) Towing a vehicle to an unapproved storage facility;
(viii) Missing or improper equipment on a towing vehicle at a
				  crash scene;
(ix) Charging to collect payment elsewhere if unable to collect
				  payment option at the scene by a customer;
(x) Failure or refusal to answer a call or respond to
				  scene;
(xi) Retrieving a vehicle on the highway without notifying the
				  WHP;
(xii) Being unavailable for vehicle release during normal business
				  hours then charging for storage;
(xiii) Responding to a call with an uninspected tow truck or with
				  an out-ofservice violation; or
(xiv) Making a false or unsubstantiated complaint against another
				  tow carrier.
(g) Major violation penalties include:
(i) 1st offense: 45-day suspension;
(ii) 2nd offense: 90-day suspension;
(iii) 3rd offense: 1-year suspension; and
(iv) 4th offense: Permanent removal.
(h) Major violations may include the following or similar
				  conduct:
(i) Not responding to a call when accepted and without notifying
				  the WHP;
(ii) Wreck chasing/running the roads, solicitation of business, or
				  arriving on a scene without being called;
(iii) Tow truck driver arriving on scene while impaired by drugs
				  or alcohol;
(iv) No facility within divisional rotation area;
(v) Failure to be independent of another tow and recovery company
				  within the same divisional rotation area;
(vi) Unauthorized or overcharged rates based on fee schedule
				  provided to WHP;
(vii) False or inaccurate information on a T/R-1 form (Rotational
				  Application);
(viii) Theft of property; or
(ix) Releasing a vehicle WHP has put a hold on without prior
				  approval.
(i) All suspensions or removals under these rules will be imposed
				  by the Colonel as designated by the WYDOT Director.
(j) When a tow carrier is suspended, all owners and employees are
				  suspended from operating on the WHP Non-Consensual rotations. The owner or employees
				  of the suspended tow carrier are not allowed to add a new company on the rotation
				  while the suspension is being served.
(k) If a tow carrier is suspended, that tow carrier cannot respond
				  to any calls from the WHP rotation, whether it is using its own tow trucks or other
				  tow carriers' tow trucks.
(l) If a tow carrier is permanently removed, the owner will also
				  be permanently removed and will not be allowed to be associated with a tow carrier
				  that operates on the rotational list.
(m) All tow carriers on the rotational list operating on a
				  consensual basis in Wyoming are subject to all the disciplinary actions and the
				  reconsideration process as outlined in this manual.
(n) A tow carrier will be removed prior to the reconsideration
				  process if the act committed is egregious enough as to affect public safety.
Section 18. Request for Reconsideration Process.
(a) At the conclusion of an investigation, the tow carrier may
				  receive a letter of reprimand outlining the violation(s).
(b) Written warnings will not be subject for reconsideration. All
				  other suspensions in Section
				  17 are subject for reconsideration by the tow
				  carrier upon written request to the TRPC.
(c) If a request for reconsideration is made by a tow carrier, no
				  disciplinary action will take effect until such process is complete.
(d) If a tow carrier fails to make a request for reconsideration
				  within 10 business days or fails to appear at a scheduled hearing, the original
				  disciplinary action given by the Colonel will take effect immediately the following
				  business day.
(e) The reconsideration process must be initiated within 10
				  business days of receipt of the original suspension letter.
(i) A tow carrier has the option to appear in person in front of
				  the DRC. The tow carrier must make this request within 10 business days to the
				  TRPC.
(ii) The informal hearing will be held within a timely
				  manner.
(iii) The DRC will consider all factors and provide a
				  recommendation to the Colonel. The tow carrier will be notified regarding the
				  Colonel's decision on the suspension.
(iv) If a tow carrier does not request reconsideration, the
				  suspension will go into effect on the eleventh business day after the letter was
				  delivered.
(f) A tow carrier that has been removed from the rotational list
				  may request reinstatement in writing at or near the end of the removal period. This
				  request shall be sent to the TRPC.
(g) Permanent Removal:
(i) A tow carrier may request reconsideration, in writing, to the
				  Colonel within 10 business days following the receipt of the original permanent
				  removal notification letter. The Colonel may arrange a meeting with the tow carrier,
				  the commercial carrier captain, and any other applicable parties involved. The
				  Colonel will allow everyone involved to explain their position before rendering a
				  decision. The decision should be made within a reasonable amount of time of the
				  meeting. The Colonel will make the final decision and will notify the tow carrier
				  with no further review available.
(h) Appeal Process:
(i) A tow carrier may file an appeal that will be sent directly to
				  the Colonel. Practice and procedure for hearings before the Department shall be as
				  provided in Chapter 3, General Section, of the Wyoming Department of Transportation
				  Rules and Regulations.
(ii) A suspension will remain in effect unless the Office of
				  Administrative Hearing renders a decision in favor of the tow carrier.
Section 19. Towing Advisory Board (TAB).
(a) The TAB shall act in an advisory capacity and make
				  recommendations to WHP regarding the regulations that towing and recovery operators
				  are to be regulated by, and such other duties as may be assigned by WHP.
(b) The Commercial Carrier Section will appoint TAB members. The
				  TAB will be comprised of five to eight members with no more than two members from
				  each of the following:
(i) Tow carrier industry;
(ii) Trucking industry;
(iii) Insurance industry; and
(iv) WHP.
(c) A representative from the Wyoming Attorney General's Office
				  and the WHP Communication Center may attend and be present but are not members of
				  the TAB.
(d) TAB members will serve a 3-year term and may serve more than
				  one term consecutively. There is no limit on the number of terms served by a TAB
				  member.
(e) If terms are not staggered and expire at the same time, there
				  will be a transitional period of one month where the new member and the existing
				  member serve together. This will ensure the TAB is full at all times.
(f) The commercial carrier captain may at any point remove a
				  member of the committee for any justifiable reason. A candidate will be selected
				  from the list of applications on file and, once appointed, would finish out the
				  remainder of the term.
(g) All applicable information regarding the TAB can be found on
				  the WHP website.
(h) A majority vote will be used by TAB members to elect a chair
				  who will preside over the minutes and the meeting agenda. A vice chairman will also
				  be elected in case the chairman is unable to be present. Both the chairman and vice
				  chairman shall serve in their capacity until their terms expire.
(i) The TAB shall meet one or two times per year depending on the
				  amount of information that is necessary to discuss.
(i) These meetings shall take place in person, by video
				  conference, or by teleconference.
(ii) The purpose of these meetings shall be to review and discuss
				  the WHP's Voluntary Towing Operational Policies and Procedures and to share
				  information that is pertinent to the towing and recovery industry to assess if there
				  are specific trends that need to be addressed.
(iii) All applicable information deriving from the meetings shall
				  be sent to the TRPC.
(j) TAB members will access rotational applications, inspection
				  forms, fee schedules, disputed invoices, and this manual.