§ 3.49.140. Requirements and operating procedures for emergency wrecker service.  


Latest version.
  • An emergency wrecker company licensee shall comply with the following requirements and procedures:

    (a)

    Maintain 24-hour wrecker service;

    (b)

    Arrive at the accident or to the place designated by the dispatcher at the Special Police Information Data Entry and Retrieval Unit (SPIDER) within a reasonable time after having been notified to do so, such response time not to exceed 45 minutes;

    (c)

    Deliver, in every instance, the wrecked or disabled vehicle to its storage facility or other location as directed by the owner or agent of the vehicle;

    (d)

    When directed by an officer at the scene of an accident, temporarily remove vehicles which are creating a traffic hazard to a side street or other place as may be directed by the officer;

    (e)

    Report to the City's licensing agent all changes in emergency wreckers and equipment used in the licensee's emergency wrecker service;

    (f)

    Completely remove from the site of an accident all resulting wreckage, debris, reasonable amounts of automotive fluids which are dropped or spilled, and any and all other reasonable amounts of injurious substances dropped upon the highway from such vehicle including all broken glass, which remains in the street, but excluding truck or vehicle cargoes, before leaving the site. In the event two or more wreckers are called to the same accident, both operators shall be equally responsible for the removal of debris from the right-of-way;

    (g)

    Not permit the use of a wrecker by another licensee;

    (h)

    The licensee shall not permit an individual to drive a wrecker unless the individual holds a valid driver's license, a valid operator's certificate as required by Section 3.49.225, and is a current employee of the licensee. Drivers are to be employees of the licensee. Independent contractors are not allowed to operate an emergency wrecker vehicle or tow vehicles pursuant to this Chapter.

    (i)

    The licensee and its employees shall not assess or collect fees or charges in excess of those filed with its licensing application;

    (j)

    The licensee and its employees shall not prohibit or refuse to allow the owner, operator or person in possession of the vehicle, who has proof of title or registration, to have access to any personal property in an impounded vehicle for 48 hours after such vehicle has been towed and such personal property shall be released to the owner;

    (k)

    Have all wreckers clearly and permanently marked with the name and address of the licensee on both doors of the vehicle;

    (l)

    All wrecker drivers of the licensee shall wear shirts identifying the licensee's company name;

    (m)

    The licensee shall, upon request by a vehicle owner, disclose the name and address of its insurance carrier;

    (n)

    Carry in all vehicles owned or leased by the licensee "Wrecker Operator Receipt Books" which shall contain forms that shall be filled out and signed by an authorized public agency at the scene of an impound. The form will authorize the licensee or the licensee's agent or employee to tow the vehicle, will contain a space to be marked by the authorized public agency indicating whether the vehicle shall be held as evidence in a criminal matter, and will state that the licensee assumes liability for the vehicle being towed along with any and all property contained therein. Such forms shall be subject to prior approval by the City's licensing agent and it shall be the responsibility of the licensee to provide such forms;

    (o)

    Carry in all vehicles owned or operated by the licensee a copy of the licensee's schedules of fees;

    (p)

    Shall at all times comply with K.S.A. 8-1103 and amendments thereto;

    (q)

    The owner of a vehicle towed shall have access to any personal property in such vehicle for 48 hours after such vehicle has been towed and such personal property shall be released to the owner or as otherwise required by state law;

    (r)

    Shall accept, at no additional fee, credit card, debit card or cash payments for any towing, storage or other fees and costs due from the owner of the vehicle for emergency wrecker service;

    (s)

    Upon request by any law enforcement officer, or the owner of a vehicle to be towed, the emergency wrecker operator shall provide proof of a valid and unexpired emergency wrecker service operator's certificate issued pursuant to this chapter.

(Ord. No. 46-551 § 5; Ord. No. 49-207, § 12, 2-28-2012; Ord. No. 49-886, § 5, 11-25-14)