the op/ed sheet  

Lewis Says Segment of Tow Industry is Misunderstood

BY JAMES LEWIS, Special to Tow Squad News

Forget for a second what you think about the goofy portrayals of towing folk you see on reality television.  Set aside whatever it is you do for a living, and imagine this scenario:  You’re the manager at a large apartment complex in a mid-sized city.  You manage the office staff, groundskeepers and maintenance personnel.  You also make sure all your buildings, grounds, and facilities are kept up to city and state codes for compliance.

One of the problems you run into as manager, however, is that when your tenants have guests visiting, there’s not enough parking to go around.  People park where they can, sometimes in fire zones, near hydrants, or in handicapped spots.

This seems to only be a nuisance until one day, you get a visit from the local fire marshal, who informs you that having vehicles parked in fire zones or blocking fire hydrants is against city code, and has to be enforced 24/7, or you can be fined up to $25,000 per occurrence. 

A manager at another apartment complex informs you that they have contracted with a towing company that specializes in private party impounds, specifically for parking enforcement in fire zones and around hydrants, keeping you out of trouble with the fire marshal.  You contact the company, as is a logical step, and they post signs at your request that indicate that if vehicles are parking in fire zones or blocking hydrants, they will be towed at the vehicle owner’s expense.  Problem solved.

Another scenario:  You own a nice family restaurant.  You’re open for breakfast, lunch and dinner, and close at 9 pm.  There is a bar next door that often has big name bands and DJs and attracts quite a crowd.  In fact, the bar owner looks at relocating to a bigger building with more parking, so he can entertain more guests while also providing them a place to park without overflowing into other business’s lots. 

For the time being, though, each morning when you come in to open the restaurant, you find cars that have been left by people who got rides from other folks, along with broken beer bottles, piles of cigarette butts where people have emptied their ashtrays, remnants of bodily functions, and other nightlife-related memorabilia.

You ask a fellow restaurant owner, who tells you about a towing company that specializes in private party impounds, effectively clearing private property of vehicles that don’t belong there.  They post signs indicating that your parking lot is only intended for parking for your customers, and any vehicles not belonging to your customers, or left there after hours, will be towed at the vehicle owner’s expense.  Problem solved.

Here’s where the misunderstanding begins – in the first scenario, someone was just dropping off some things for a friend at their friend’s apartment, parked in a fire zone, and stayed inside the apartment longer than they planned… and their car was towed.  Now, they pay for the tow and storage.  Same scenario at the restaurant – the bar parking lot was full, and someone wanted to pop inside to see if a friend was there, stayed longer than they planned, and their car was towed.

This is a simple cure for a common problem – both private property owners/managers don’t want unauthorized parking, and some tow companies are prepared to patrol these areas as agreed and remove cars designated by the property owner/manager as being improperly parked.

These companies go to great expense to provide this service – they routinely patrol the areas they’ve agreed to check, and tow when needed.  With diesel fuel hovering around $4.00 a gallon, and the average small tow truck getting 10 mpg, you can see where it’s easy to go through $100-200 in fuel each day or night.

This cost, plus the cost of training people to tow properly, plus handle confrontations when necessary, make the typical rate for a private property tow roughly two to three times higher than a routine tow, say, if your car broke down and had to go to a shop.

I’ve heard several times a customer declare “you’re stealing my car!”.  If a consumer really believes this is the case, they should contact the police.

In usual cases, signs are posted and rules enforced.  People may not like the results, but it’s exceptionally rare to see a scenario where the consumer wasn’t warned.

We all know not to park in fire zones or in front of hydrants, so why would it be different at the XYZ apartments?  If an apartment complex requires that tenants register their cars and display a decal or tag, and your car doesn’t have one showing, you can expect to be towed.

Again, some people may not like how this works, but the private party/property impound (PPI) towing segment is a very needed and necessary part of the towing industry.  Vehicle owners think that by yelling, screaming, or assaulting the tow person, their car will be released – in most cases, the police will be contacted and the vehicle owner cited or arrested.

My dad always liked the old saying “an ounce of prevention is worth a pound of cure” – the PPI segment is the cure, and the prevention lies in not parking in the wrong place in the first place.

        about the author

James Lewis of Valley Automotive Consulting has been involved in over 9,100 automotive cases, with appearances in more than 800 trials.

RALEIGH  l  Lawmakers in the Tar Heel State are considering a bold change to recovery work aimed at helping motorists locate their towed vehicles faster. The law would require operators to notify local police before each removal along with a description of the vehicle, where it was towed from and where it’s being stored.

Some North Carolina shop owners say this would only add another costly layer of bureaucracy to an already-burdened process.

Rep. Tim Moffit (R) has lead the charge, saying police should be aware of such details. His bill has passed the House and is currently being debated in Senate committee before put to a vote.

Current law mandates that towing firms notify the owners of in-state vehicles of a removal within 24 hours, allowing for 72 hours for cars registered outside North Carolina. There is no requirement to notify law enforcement.

Some areas across the country do require an immediate notification to police when a car is towed. Proponents say it helps ease the frustrations of drivers not knowing what has happened, and would also reduce police man-hours involved in such matters by streamlining the information.

Searching for a towed vehicle can be a tense and costly endeavor, Moffit reminds, as storage fees typically begin accumulating immediately.

“There needs to be some way for motorists to know where their car has been towed to,” said AAA spokesman Angela Vogel Daley, speaking with Black Mountain News.

“I would have to hire somebody to do it and that might mean we have to raise rates,” said Howard Lyda of Asheville’s Lyda Enterprises, running 18 trucks in and around the mountain community .

Concerns of local towing professionals will be heard next week as the Senate Transportation Committee holds a hearing on the proposed changes.

Two exceptions to the notification would be any police-directed tows, or vehicles removed from a lot with posted signage offering contact details.

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SALEM  l  State law in Oregon may soon require cities and towns to set specific rate caps for all ‘patrol towing,’ more commonly viewed as predatory towing.

Patrol towing would also require a separate license, if passed, along with consumer grievance options at the local level.

On Friday, just as lawmakers were gearing up to consider House Bill 3159, a counter proposal was floated by towing firms. The late submission frustrated Rep. Chip Shields, who chaired the committee overseeing the matter and authored the bill.

“I do want to express my frustration,” Shields said, “that they’ll be proposing (an amendment) that’s literally come in the last couple of hours. This bill has been in my possession since May 6.”

Shield’s legislation would only effect communities with a population of more the 15,000. It would require local leaders to cap patrol towing and subsequent storage rates.

Gary Coe spoke out in opposition of the changes. He operates a towing firm out of Portland.

“I respectfully request that you take this bill and throw it in the garbage can where it belongs,” he testified Friday.

The industry has also voiced concerns that local councilmen or town boards would be able to set rates so low as to render them profitless. The proposed legislation sets no guidelines or minimum standards.

Supporters say these communities already set current rates for standard towing, and currently negotiate for police towing without encountering a problem.

If passed, local government would also be required to establish a response system for consumer complaints.

According to the Statesman Journal, 374 towing complaints were received at the state Department of Justice in the past five years.

Some communities in the state, including Portland and Gresham, already regulate so-called patrol towing with rates caps and licensing.

WASHINGTON, DC  l  According to a just-released ruling by the U.S. Supreme Court, federal trucking laws do not prevent a New Hampshire man from seeking a state claim against an area towing outfit, reversing a lower court’s interpretation.

The precedent is expected to bring much broader consumer protection in recovery work, trucking and the airline industry.

The original case began in 2004 at an apartment complex in upstate New Hampshire. According to court papers, the management requested the removal of a Honda Civic after it wasn’t moved during a snowstorm, as required by their guidelines.

The owner of the vehicle, Robert Pelkey, was seriously ill and bed-ridden at the time, and would ultimately be hospitalized.  While in surgery for a foot amputation, Pelkey suffered a heart attack.  As a result, his recovery and hospitalization became extended.

During this period, Pelkey’s lawyer says he reached out to both the property owners and the tow firm involved, Dan’s City Auto of Manchester.  He claims the tow shop told him the vehicle was scheduled for public auction two days later.

Court affidavits indicate that Pelkey, through his lawyer, requested the sale to be stopped.  The vehicle was ultimately auctioned, and no compensation was made to Pelkey.

Previously the case had been tossed out on grounds that lawsuits may not be brought in consumer protection cases against a “tow-motor carrier” per the FAA Authorization Act of 1994.  That New Hampshire Supreme Court decision was appealed to the high court.

The Supreme Court heard arguments on the case in March.

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HONOLULU  l   This week lawmakers in the Aloha State are struggling over legislation that has pitted the area towing industry against wheel boot enterprises. If enacted, it could forbid placing a boot on vehicles on private or public roadways and property.

Many local towing outfits support the measure, and not strictly on grounds of competition. Booting cars is not regulated in Hawaii as towing is, which has lead to a number of rogue operations. These can complicate recovery efforts around the island of Oahu.

Sean Starn worries that he might lose his entire business. As owner of Hawaii Boot Removal Services in Honolulu, he is opposing House Bill 1214. Another proposal, House Bill 1100 seeks to allow booting but under strict restrictions on how it can be used and how much can be charged for removal.

“I get that there are concerns,” Starn told civic affairs website CivilBeat.com. “We just don’t want people to panic and put us out of business.”

Starn’s outfit charges a $160 fee for removing a boot, which in tourist-heavy Hawaii catches a lot of vacationers as well as locals. Many see the current usage of boots as counter-productive, essentially locking up valuable parking spaces with each vehicle booted.

Jan Wakayama, part-owner of Ace Towing, testified to legislators in support of restrictions. He is also president of the Hawaii State Towing Association.

“Booting does not accomplish business’ objective of opening customer parking,” Wakayama testified. “Basically it turns parking lots into revenue sources for the booting company, since a booted car is not removed, it is simply immobilized.”

“Currently, there is no regulation of booting practices,” he continued. “This opens the door to rogue private sector booters to victimize motorists… This bullying intimidates motorists into paying excessive fines and succumbing to outrageous practices.”

The proposed bills could each be voted on this week.

MORE FROM THE BOOT SERIES…

    To Boot, Or Not To Boot – 4/5/2013

         Syracuse Votes Yes To Booting – 4/12/2013

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BELOIT, Wisc  l  The owner of a Wisconsin towing company is continuing his fight for justice in a discrimination case, charging that a former chief of police blacklisted his business over race. A jury agreed, in part, but their remedy might ultimately be appealed to the U.S. Supreme Court.

Anthony Smith runs Flying AJ’s Towing in Beloit, about an hour south of Madison. His suit against the town, the Beloit Police, and specifically former chief John Wilson was filed in federal court in 2010, alleging his company was denied consideration for any police-ordered tows because Smith is African-American.

The jury returned a somewhat split verdict in April 2011, siding with Smith that race was a motivating factor in WIlson’s decision. However they also ruled Wilson would have likely still denied the company on some other basis.

That decision made it nearly impossible for Smith to recover lost revenue or other damages. His attorneys appealed the decision to the Seventh Circuit, citing that the jury was confused in how they structured their decision.

In January the appeals court sided with Beloit PD, ruling against Smith despite what they noted as “staggering and regrettable evidence of racial bigotry presented at trial.”

“Anyone who read the transcript of the jury trial wouldn’t understand why we lost,” Smith said.

Smith’s battle isn’t over, however, as a current case under review could set the precedent he needs to appeal further. That decision is expected in June, and Smith has already filed an extension with the Supreme Court to allow for the ruling.

Representing the police department and the Town of Beloit, attorney Bennett Brantmeirer told The Beloit Daily News he doesn’t believe the case warrants this level of review.

“The specific facts of the case don’t really have national significance to get the Supreme Court to accept his case,” he said.

Smith’s lawyer, Dana Kurtz, disagrees with that assesment, and believes the upcoming decision will likely grant Smith the chance to take his case back the Seventh Circuit.

“I think AJ’s case is very good,” she said. “I think there is a lot of strong evidence, and I think if we had the ability to try it again, I think we’d win.”

Should that effort fail, Smith is willing to persue it to the highest court. Not to be vengeful, he says, but to fight for what’s right.

“I’ll fight as long as I can,” he added. “Justice needs to be done.”

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WOODSTOCK, Verm.  l  A village in Vermont is enforcing a strict new policy to go after unpaid parking tickets: pay 50% within two months or have your car towed away.

In Woodstock, south of Montpelier, letters have gone out to roughly 100 residents with outstanding tickets ranging from about $50 to over $1200. Under a newly-enacted ordinance, violators are offered a one-time half-off rate, redeemable within 60 days of notice.

“I say that if they do not pay at half price in 60 days, tow them,” said Village Trustee Eric Nesbitt. The matter was discussed and voted on at a meeting last week, with plans to move ahead in May.

“We always struggle with how we enforce this,” said Trustee Chair Candace Coburn. “We have never wanted to tow anyone.”

Village Manager Phil Swanson explained that towing is sometimes allowed under the old ordinance, just not enforced until now.

“In trying to be kinder and gentler,” Swanson said, “no one has been towed in a number of years.”

Locally called the amnesty plan, it was reportedly suggested to town leadership by the police department. Owners whose vehicles are towed would be responsible for the storage and transports costs associated.

Parking space has become a valuable commodity in the village, which like many smaller communities does not a have a police force that can devote continual man hours to parking enforcement.

Parking meters were only recently installed to begin enforcing time limits on usage in and around the village’s business district.

The new 50% measure also has the added benefit of reminding area drivers to always follow local parking restrictions and to also remember to pay for any tickets. It only applies to drivers with unpaid tickets who have repeatedly failed to respond to all other efforts to collect.

Combined, the roughly 100 unpaid violators add up to nearly $18,000.

 
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COLUMBUS  l  When it comes to city-ordered dispatches in the capital of Ohio, a much-coveted five-year contract is usually signed with an area towing firm after the standard bidding process. This time around, however, the final decision was complicated by lawsuits, conflicts of interest, and environmental protection.

In the end, two of the three bidding firms joined forces to suggest splitting the workload between them, ending a six-month battle over the roughly 24,000 annual city-ordered tows in Columbus. The city council ultimately agreed.

The bidding kicked off last October with three companies each submitting a figure and proposal. Metropolitan Towing had the highest, at $2.48 million. Pro-Tow’s bid of $2.38 million was slightly more than the lowest bid, $2.37 million submitted by Columbus Towing.

However Pro-Tow received a $20,000 credit deduction, listed as an enviromental preference. Their proposal included a letter of compliance with the state’s EPA standards. When applied, Pro-Tow became the low bidder and was awarded the contract.

That plan was derailed when Stacy Willis, owner of Columbus Towing, filed a lawsuit claiming the environmental credit should not have been a factor. An attorney for Willis told The Columbus Dispatch that Pro-Tow’s so-called green efforts were actually all mandated by the EPS, and therefore not valid.

Metropolitan Towing also disputed the decision, battling over a contract that some say is worth more than it cash value.

“It’s not very lucrative,” police spokesman George Speaks told the Dispatch, “but companies get their name out there and they establish a relationship with police.”

To resolve the dispute, the city has agreed to split the contract between Columbus Towing and Pro-Tow, with each receiving roughly half their bid amount.

“We’ve never had companies be this close in the bidding process,” Speaks said. “It never was an issue before. In the end we get savings for the public and we kept the price relatively the same as the previous towing contract we signed five years ago.”

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GAINESVILLE  l  Police in Gainesville have issued 10 criminal citations against an area towing company after a slate of transports during an arts festival. A court hearing is set to determine if the company’s towing license should restricted as a result.   

A memo detailing the action was issued by Chief Toby Jones on Monday, specifying 10 tows determined to be illegal. Each was handled by Advantage Towing of Gainesville. Most of the vehicles were towed last weekend, many during the annual Sante Fe College Spring Arts Festival.

Each of the vehicles was removed from the same property, the parking lot of a Sun Trust Bank near the festival grounds. According to Gainesville Police, the bank had contracted Advantage just days before the festival to patrol their lot for unauthorized parking.

According to Chief Jones, however, the contract was not set to go into effect until April 19.

Some non-festival vehicles were also towed from the location on Friday evening. The Gainesville Police Department began taking a harder look at the situation after the complaints began coming in Monday. 

Advantage is owned by Susan Forron, who faces escalating fines for each repeating violation.

The fine for the first citation is $125, doubling to $250 for the second. According to the Gainesville Times, the remaining citations will require a court appearance to assess the full penalty.

In his memo, Chief Jones indicated that the company also faces a potential suspension from roam towing in the city.

Organizers for the festival later told police they had offered $1000 to Advantage’s drivers to forego the removals, but were rejected.

Forron has reportedly told police her company plans to completely reimburse the owners whose vehicles were towed from that location.

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ALBANY  l  State troopers in New York will be cracking down on drivers who ignore emergency roadside scenes this week, part of an awareness campaign for the state’s ‘Move Over’ law.

New York began recognizing towing professionals as first responders over two years ago, requiring drivers to slow down or change lanes, just as they would when approaching fire, medic or police personel.

“If you get a ticket, like cell phone tickets or anything else,” says Excel Towing’s Matt Herne, “Once you get a couple, you learn to move over.”

Speaking with WHAM-News of Rochester, Herne explained that he hopes the effort will teach people an important lesson.

“Once troopers start pulling the people over more that aren’t doing it, the people will be more aware,” he added.

In similar previous campaigns, state troopers have been dispatched to working accident scenes specifically to monitor for drivers who don’t comply.

In Syracuse, shop owner Mike Cesta of MC’s Towing understands the problem. His friend Todd Young was killed nearly two years ago while working at roadside.

“Everyone is in a hurry,” he said at the time, speaking the Post Ledger. “They can’t wait five seconds. They blow by us all the time.”

“It’s worse at night,” he continued. “They see the flash of lights, but it almost draws them to the vehicle. There’s no excuse.”

Young, 53, was struck and killed by a tractor trailer which drifted onto the shoulder of I-481 where the towing professional was hooking up a disabled vehicle.  At his funeral in Rochester, over 100 tow trucks participated in the procession to his graveside service.

“It’s all for the safety of the drivers and the pedestrians.” Herne said. “When you’re out on the expressways and people are doing 65 miles-per-hour by you, it’s quite scary.”

 
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