Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-91A - Towing businesses › Section 204-91A-180 - Additional towing and tow operator qualifications, restrictions, and requirements

Current through Register Vol. 24-14, July 15, 2024
In addition to the requirements contained in WAC
				204-91A-170, registered tow truck
				operators appointed pursuant to this chapter must conform to all laws and
				administrative rules pertaining to the tow industry and must observe the
				following practices and procedures:
(1) When called by the patrol during normal
			 business hours, the tow operator must dispatch a tow truck, from within the
			 assigned zone within five minutes after receiving the call. Tow trucks must be
			 registered to and belong to the particular tow business that is called and
			 assigned only to that tow zone. If an officer at the scene deems it necessary,
			 the officer may authorize additional assistance from a registered tow operator
			 outside of the tow zone.
(2) When
			 called by the patrol after normal business hours, the tow operator must
			 dispatch a tow truck from within the assigned zone within fifteen minutes after
			 receiving the call.
(3) The tow
			 truck that is dispatched must arrive at the stated location within a reasonable
			 time considering distance, traffic, and weather conditions.
(4) If for any reason a tow operator is
			 unable to dispatch a tow truck within the stated time or if the dispatched
			 truck will be delayed for any reason, the tow operator must advise the patrol
			 stating the reason and estimated time of arrival. In the event the tow truck
			 fails to arrive at the scene within a reasonable time, the patrol will contact
			 another tow operator to respond to the scene and will cancel the original
			 tow.
(5) A tow operator on rotation
			 who is unable to dispatch or arrive within the times stated in subsections (1),
			 (2), (3), and (4) of this section will forfeit the tow operator's turn and be
			 placed at the bottom of the rotation list as if the tow operator had
			 responded.
(6) Repeated refusal or
			 failure of the appointee to respond to calls from the patrol for towing
			 services or to provide the requested services may result in the suspension or
			 revocation of the tow operator's letter of appointment.
(7) If the tow operator will be unavailable
			 for twenty-four hours or more to respond to rotational calls with a class "A,"
			 "B," or "C" tow truck, the tow operator must advise the appropriate patrol
			 office . Unavailability may occur due to conditions including, but not limited
			 to, other tow truck commitments, tow truck disabled and/or under repair,
			 unforeseen driver shortage due to illness. The tow operator must give the
			 reason for unavailability and the approximate date and time when the company
			 will be available to respond to calls.
The tow company will be removed from the rotational list and
				will not be called until the tow operator advises the patrol that the company
				is once again able to respond to calls with an "A," "B," or "C" class truck. In
				all such cases, the tow company will resume its normal position on the
				rotational list without regard to any missed calls or its position prior to
				being unavailable.
(8) The
			 tow operator must advise the patrol whenever a private call is received for a
			 tow with circumstances that indicate that the tow is for a vehicle that has
			 been involved in a collision, incident, or equipment breakdown on the public
			 roadway. The tow operator also must advise the patrol of all private calls to
			 motor vehicle collisions on private property resulting in bodily injury or
			 death.
(9) The tow operator must
			 notify the patrol before moving any vehicle involved in a collision on a public
			 highway under the jurisdiction of the patrol as defined in the motor vehicle
			 code, Title 46 RCW, or where it appears that the driver of the vehicle to be
			 moved is under the influence of intoxicants or drugs, or is otherwise
			 incapacitated.
(10) Other than a
			 service patrol established and funded by the department of transportation, a
			 tow operator must not solicit tow or roadside services by patrolling the public
			 roadways searching for disabled vehicles or vehicles involved in a traffic
			 collision.
(11) When the patrol is
			 in charge of a collision scene or other such incident, a tow operator must not
			 respond to such scene unless his services have been specifically requested by
			 the patrol, the vehicle's owner or operator, or the owner's authorized
			 representative.
(12) The tow
			 operator must be available, or will ensure that specific employees are
			 available, twenty-four hours a day for the purpose of receiving calls or
			 arranging for the release of vehicles. Business hours will be posted
			 conspicuously at the tow operator's place of business so they can be seen
			 during business hours and nonbusiness hours. A copy must also be sent to the
			 inspector of the district in which the tow operator does business. Changes of
			 business hours must be sent to the department and the inspector ten days before
			 their effective date.
(13) The tow
			 operator must post a current copy of tow and storage rates, on a form approved
			 by the department and the patrol, in the following locations:
(a) At the entrance to the place of business,
			 in a conspicuous location, plainly visible and capable of being read by the
			 public, whether the business is open or closed. If, in order to meet this
			 requirement, the rate sheets must be placed in a location, exposed to the
			 elements, they must be protected so as to remain legible.
(b) Inside the business location, where
			 business is commonly transacted. The rate sheets must be posted in such manner
			 as to be clearly and plainly visible and read at all times by customers of the
			 business.
(c) A copy of the current
			 rates will be sent to the department, the section, and the patrol district
			 commander of the district in which the tow operator has applied for a letter of
			 appointment. Notice of any change(s) in service rates will be forwarded to the
			 department, the section, and the district commander of the area ten days before
			 the effective date of the changes. Charges made for towing services arising
			 from calls initiated by the patrol must be consistent with current posted
			 towing rates and must be based only upon services listed on the prescribed
			 form.
(d) In the event that a tow
			 operator has only a class "B" truck and utilizes it for class "A" and "B" type
			 tows, the tow operator must file a rate sheet that specifies the rates charged
			 for the different types of tows.
(e) Whenever any tow operator utilizes a
			 larger truck than the towed vehicle warrants, the tow operator must charge fees
			 based on the size of the towed vehicle not the size of the truck
			 used.