Wrecker Policy

OTTAWA COUNTY CENTRAL DISPATCH TOWING SERVICES POLICY

Purpose

This policy is to provide efficient, swift and economical wrecker service to citizens in the Ottawa County Central Dispatch Authority (“OCCDA”) service area. Included are operational guidelines to provide for the efficient and equitable delivery of qualified and courteous service and to protect the safety of people and property. OCCDA does not desire to impede the successful business activities of wrecker companies, but also wants a system that is fair to all companies and the vulnerable public, taking into account customer service, relative size of the wrecker company and geographic service areas. Violation of any section of this policy may result in the ineligibility of a participating Service.

A towing service (“Service”) that is qualified as defined in this policy will be eligible to receive requests for service of "Non-Preference" calls for Service from OCCDA. Non Preference towing runs are those requested through Ottawa Central Dispatch by citizens and/or emergency service providers in which there is no specific Service requested. This policy is also applicable to those Services seeking to be included on the large vehicle/big rig rotation.

OCCDA will review Services for the non-preference list on an annual basis. If a Service has met all criteria within this policy to be added to the non-preference list, it shall submit a signed application (wrecker packet). Wrecker packets will be available electronically at www.occda.org or can be sent via mail on the first business day of the month by request. Packets will be due no later than 4:00pm on the last business day of September. The Law Enforcement S.O.P Committee will review and approve non-preference towing services for the following year’s rotation at the November meeting.

SECTION 1 - LIABILITY INSURANCE & INDEMNIFICATION

Any Service seeking to be qualified for OCCDA non-preference towing calls must demonstrate that it has the following required insurances and at all times must maintain such insurances:

A. Workers' Compensation and Employers' Liability

B. General Liability (occurrence basis only) with the following coverage inclusions:

1. Broad form general liability endorsement or equivalent, if not in policy proper.
2. Independent Contractor.
3. Product Completed Operations.
4. Contractual Liability.

C. Vehicle Liability Coverage and Michigan no-fault coverage including all owned and leased vehicles.

(2) The coverages in Item “A” must carry the statutory minimum. The limits of liability for Items “B” and “C” shall not be for less than $ 1,000,000.00 per occurrence and/or aggregate combines single limit Personal Injury, Bodily Injury and Property Damage. With respect to Items B & C, the Service must produce a certificate of insurance identifying “OCCDA” as an “additional insured” or committing to notify OCCDA if the insurance is cancelled. Certificates of insurance must be forwarded to OCCDA prior to a Service being qualified to take non-preference Calls for service.

(3) The certificate(s) of insurance may be requested by the Law Enforcement S.O.P. Committee Chair or their designee at any time and will include a 30-day advance notice of cancellation to OCCDA.

(4) The certificates of insurance shall cover each “wrecker”¹ and “operator”² used by that Service.

(5) When a Service obtains a renewal of insurance certificate(s), the Service shall have its insurance carrier forward to OCCDA an original copy of the renewal insurance certificate(s). When a Service changes insurance carrier(s), the Service shall have their insurance carrier forward to OCCDA an original copy of the new insurance certificate(s).

(6) Upon receiving notification from an insurance carrier that coverage is not in effect, the Service shall immediately lose its qualification to receive OCCDA non-preference towing calls until such time that the insurance carrier notifies the OCCDA that the Service is in compliance with insurance requirements.

(7) By signing the acknowledgement below, the authorized representative of the Service is agreeing that the Service shall indemnify and defend OCCDA from any liability arising from the Service’s actions or inactions or those of its agents, officers and employees. The Service shall provide its carriers a copy of this Policy.

1 “Wrecker” refers to each vehicle commercially used by the Service, including those vehicles owned, leased or borrowed.

2 “Operator” means a wrecker driver, whether an employee, agent or independent contractor.

SECTION 2 – SERVICE REQUIREMENT AND STANDARDS

The following provisions are required by the Law Enforcement S.O.P. Committee for Services requesting placement on the non-preference list. Failure to comply with all of these requirements may result in the loss of qualification for non-preference towing calls as provided in this policy. Based on the facts and findings of a service inspection, OCCDA reserves the right to determine how each company is represented on the wrecker list, including but not limited to related ownership, size of the organization, geographic service areas and customer service. The Law Enforcement S.O.P. Committee may establish additional requirements. A Service shall not conceal or misrepresent any material facts when seeking qualification under this Policy and may be immediately terminated from participating if such concealment or misrepresentation comes to light.

1. Policy Dissemination: The Law Enforcement S.O.P. Committee Chair or their designee shall provide a copy of the requirements of this Policy for qualification of Non-Preference Services to the representatives of any Service requesting information on qualification standards. This document defines the Law Enforcement S.O.P. Committee standards and service expectations.
2. Policy Acknowledgment: Prior to qualification, the Service representative shall sign and date the form indicating he/she has read the requirements, understands them, and the Service is willing to adhere to the requirements. The original signed form shall be maintained at OCCDA.
3. No Guarantee: Nothing in this Policy shall be interpreted as guaranteeing to participating Services a particular number of runs or a number of runs that is comparable to other participants, since there may be regular instances in which Services are utilized out of the routine.
4. Legal Compliance: All qualified Services taking non-preference calls from OCCDA shall be in compliance with all rules and regulations as prescribed by ordinances, zoning requirements, and state laws pertaining to this type of business. Each must have a current CVED Certificate of Authority.
5. Years of Operation: The wrecker service shall be legally established as a towing business with a minimum of three (3) years of towing and recovery operations experience (e.g. registered with the County Clerk as an assumed name business, or registered with the State of Michigan as a corporation) with operations within the designated areas. A wrecker service may apply for an exception to this requirement, which upon good cause, can be given by the Law Enforcement S.O.P. Committee.
6. Time of Operation and Timeliness of Service.
   
    A.  Qualified Services shall provide 24-hour, seven-day-a-week service, having at least one tow vehicle available.
   
    B.  Services responding to OCCDA non-preference runs will be expected to give priority to OCCDA non-preference runs and to respond to sites of service in a reasonable amount of time. Repeated delayed responses may result in temporary suspension.
   
    C.  Response time to calls dispatched by OCCDA shall be reasonable and as currently determined by the Law Enforcement S.O.P. Committee to be a maximum of 20 minutes from the time of Service dispatch to arrival at the requested site or scene. Failure to comply within this time frame may lead to temporary suspension from the non- preference rotation. This removal due to failure to comply will be determined by the Law Enforcement S.O.P. Committee Chair or their designee. Multiple violations may lead to a more serious infraction determined by the Law Enforcement S.O.P. Committee. This requirement does not imply that any Service may violate any Local Ordinance or State Law in order to arrive within the twenty (20) minute response time.
   
    D.  The Service shall answer telephone calls for service request within 5 rings or it will be considered not available for an OCCDA non-preference call. OCCDA reserves the right to notify Services of requests via electronic application. Occurrences of unavailability may result in temporary suspension. A failure or inability to respond to the call will count as a non-preference call.
   
    E. OCCDA reserves the right to require any Service to participate in digital application selection services approved by OCCDA. Failure to participate will automatically terminate the Service from participation in the OCCDA non-preference program.
7. Geographic Location of Office and Storage Facility.
   
    A.  The Service shall maintain an office and secure storage area physically located in the designated zones (standard wrecker zones and large rig zones) to be served and all necessary equipment should be located within Ottawa County or that portion of Allegan County in the City of Holland. The tow must be taken to the secure storage area in the quadrant. Exceptions may be made based on specialized equipment needs as dictated by emergency conditions. If permission is given by OCCDA for a tow to be taken to a secure storage area that is physically located outside the designated zone, OCCDA, the Service may not charge a mileage based rate greater than from the tow site to the storage area in the designated area, even if that storage area is owned by another towing service. If permission is given by OCCDA for an office and secure storage area in a quadrant to be moved to a physical location outside the designated zone, OCCDA and the Service must agree on a location within the designated zone that will be used by the Service in calculating mileage rates.
   
    B.  A storage facility shall include a method of secure enclosure (i.e. building or fencing), which complies with local and state ordinances and zoning requirements. This area shall be locked when the business is unattended.
   
    C.  The storage facility may be subject to onsite visits by a representative of the Law Enforcement S.O.P. Committee. Services whose storage facility is not located in an area practical to the area they serve will not receive qualification for non-preference runs from OCCDA.
   
    D.  Each Service will provide OCCDA with the exact location of its storage facility (no Post Office Box numbers accepted). Each Service shall have its own storage facility at one location. (No multiple storage facility locations are authorized).
   
    E.  The Service shall provide for the release of vehicles and personal property during the hours of 8:00 a.m. and 5:00 p.m. accessible during the week and weekends by appointment. The office will be accessible at all times during business hours with posted telephone number on the door or building.
   
    F.  Each Service’s office and storage facility shall be clearly marked with signs that include the name of the business, regular business hours, and the business telephone number (including weekend and after hours telephone numbers, if applicable).
   
    G.  The Service shall comply with all applicable provisions of MCL §257.252 a-g as it applies to abandoned vehicles.
   
    H.  Each Service shall have its own telephone number and be answered only as the Service indicated.
8. Services Provided & Rates.
   
    A.  The Service shall tow all vehicles to the location directed by the motorist or to the Services’ storage facility.
   
    B.  No assigning or subletting of responsibilities and duties to another Service or Operator will be allowed unless approved by the Law S.O.P. Committee.
   
    C.  The Service shall remove all glass, debris, and other injurious substances from the scene, providing it are not hazardous material, pursuant to law.
   
    D.  The Service shall not remove a wrecked vehicle from the scene of an accident without authorization by a law enforcement officer.
   
    E.  Each Service must assess customer charges according to a rate schedule, which contains rates that do not significantly exceed the amounts typically charged for such services by other Services and is presently on file with OCCDA. No separate fee may be charged as a result of the OCCDA dispatch and no fee may be characterized as a “County, Dispatch, 911” or other similarly described “fee.” This provision is not designed to interfere with the business operations of the Services, but merely to insure that vulnerable motorists are not victimized and OCCDA and/or Ottawa County are not cast in a negative or misleading light. For annual September review, Services shall provide to OCCDA a listing of their current rates for services on a form provided. Failure to comply with this requirement may result in t temporary suspension from participation on the non-preference rotation list. The Deputy Director must be notified in writing of any midyear changes. This fee schedule may be provided to those requiring service during their contact with police. More than one form of payment shall be accepted to include; cash, credit card, check, ATM, or debit card with proper identification.
   
    F.  The Service shall not assess a lien against or hold personal property except the towed vehicle. Unattached personal property, trailer and/or cargo contained within the towed vehicle shall not be held in lieu of payment of towing or storage charges/fees. Violations of this policy will result in an immediate 3 (three) year suspension from the non-preference list.
   
    G.  Services called are the services that are expected to arrive at the run. Activities such as "run jumping" and sending affiliated services in place of the service called for are prohibited.
   
    H.  The monitoring of police/ambulance service radio frequencies for the purpose of response to the scene of any mishap, without specifically being requested is prohibited. Predatory towing convictions will result in a minimum six (6) month suspension from the non-preference rotation. Additional violations may result in permanent removal from the non-preference rotation.
   
    I.  The Service shall abide by all laws when responding to and towing vehicles requested by OCCDA. This includes all equipment and traffic laws.
   
    J.  OCCDA and law enforcement agencies shall not be held responsible for any liability incurred while a Service is providing service at a scene the Service is dispatched to by OCCDA. The Service agrees it is not acting as, nor will it represent itself as an agent of OCCDA or the law enforcement agencies while performing services.
9. Wreckers & Equipment.
   
    A.  Each Service must maintain on file at OCCDA, an accurate list of all wreckers, including a current copy of its Michigan registration, and related equipment that will be used to provide services hereunder. The Service shall ensure that that the list is current and to notify the OCCDA Deputy Director when there are any additions or deletions to the list.
   
    B.  The Service agrees to mechanically maintain its company trucks and clearly mark each with the name, address, and telephone number of the business. The trucks/wreckers shall not bear markings that suggest they are police vehicles.
   
    C.  A Company must send the requested Service unless prior approval has been granted by the Law S.O.P. Committee.
10. Wrecker Operators.
    
     A.  Services shall verify that drivers and equipment to be utilized for OCCDA requests are qualified under the provisions of the Motor Carrier Safety Act, 1963 PA 181, and the Michigan Vehicle Code, 1949 PA 300 as amended. No driver may be on the State’s sex offender registration list.
    
     B.  All operators shall exhibit professional and courteous service to the public, public officials, and emergency services personnel. Under no circumstances shall profanity, obscene gestures, threats or other inappropriate behavior be tolerated. Violations of this policy by wrecker operators may result in the Service being temporarily suspended or permanently removed from the non-preference rotation.
    
     C.  Fraudulent, deceptive or unethical business practices of Services and/or wrecker operators may result in the Service being temporarily suspended or permanently removed from the non-preference rotation.
    
     D.  Each September, Services and agencies are required to provide OCCDA with a listing of the names of their drivers and copies of their then current drivers’ licenses when they submit their application for approval to the non-preference rotation.

SECTION 3 – NON-PREFERENCE TOW CALLS FOR SERVICE

Requests for Service shall be dispatched according to the following:

(1) Customer preferred service whenever readily available and when public safety is not a concern.

(2) Contracted insurance service whenever readily available and when public safety is not a concern.

(3) If OCCDA receives a request for a non-preference tow out of a particular geographical area (i.e. Kent County), the adjacent geographical area Service shall be called, utilizing the same criteria for that particular area. The Service utilized shall be credited with a non-preference tow.

(4) Any Service receiving a personal request for service at the scene of any accident shall obtain a name and call back phone number. This information is to be made available to the officer at the scene. If more than one call for service is necessary, the officer on the scene will decide which service performs the tow.

(5) Ottawa County is divided into service areas for the purpose of non- preference calls.

 A.  The service areas will be determined by the Law S.O.P. Committee and are at their sole discretion. Criteria for the service areas will be based upon geographical locations, access to areas, number of Services and practicality to serve in these areas.

 B.  The Law S.O.P. Committee will review the service areas at its discretion and as needed. Any changes made will be made prior to packet distribution in September. These areas are subject to change at the discretion of the Law S.O.P. Committee at any time.

 C.  There may be circumstances in which OCCDA does not adhere to service areas. Situations may include, but are not limited to, emergent situations, severe weather, large scale incidents, or special events.

 D.  Location of Services shall be determined as the location of the office of such Service during normal daytime hours, not the location of driver/equipment after normal working hours. Normal working hours shall be determined as 8:00 a.m. to 5:00 p.m.

SECTION 4 - LOSS OF OCCDA QUALIFICATIONS AND CALLS FOR SERVICE

(1) A Violation of any section of this policy may result in the loss of the qualification of any Service participating in the OCCDA non-preference towing policy. Loss of qualification may be temporary or permanent:

 A.  OCCDA, Law Enforcement and Emergency Service Personnel shall report to their immediate supervisor the Service or individual who violated this policy. The supervisor shall then make a report of the incident in writing to the Law S.O.P. Committee.

 B.  Complaints or concerns submitted regarding a Service shall be investigated by the Law Enforcement S.O.P. Committee or their designee. Such investigation will not interfere with any criminal investigation arising from the same conduct. The Service shall cooperate with the Law Enforcement S.O.P. Committee and/or their designee in the course of the investigation and shall make relevant records available for inspection and copying.

 C.  Complaints filed by participating Services against other services shall be submitted to the Law Enforcement S.O.P. Committee in writing in a timely fashion. Information provided to the Committee shall include: Date, time, location, and a description of the circumstances.

 D.  Letters of warning may be sent to a Service from the Law Enforcement S.O.P. Committee Chair or their designee for infractions of this policy.

The investigating officer will report the outcome of the investigation to the Law Enforcement S.O.P. Committee. If as a result of the infraction(s) there is a potential for loss of qualification, the Committee may request and/or recommend further investigation. At the conclusion of the investigation the Committee may opt to send a warning letter to the Service, suspend the Service or remove/revoke the Service from the rotation.

 A.  If the revocation is approved by the Law Enforcement S.O.P. Committee, the Law Enforcement S.O.P. Committee or their designee shall send a notice of this action to the offending wrecker service. Such revocations shall be due to documented complaints by participating law enforcement agency personnel which reveals the wrecker service is in direct violation of existing wrecker policy. This notice will offer a description of the known charges at the time. If the offenses are noted to be of a minor nature, a hearing time will be set prior to the loss of qualification taking place.

 B.  The hearing shall allow for a consideration of the facts and circumstances surrounding the complaint and provide a representative of the towing company an opportunity to speak to the charge(s). Additional charges may be added at that time.

 C.  The Law Enforcement S.O.P. Committee shall make a determination from the information considered at the hearing. The Service in question will be notified of the outcome in writing.

 D.  The Service, if notified of a loss of qualification, may make a request for reconsideration/appeal to the OCCDA Policy Board Chairperson. The Decision of the Policy Board Chairperson will be final.

 E.  The Law Enforcement S.O.P. Committee or their designee will complete written notification of the action to the Technical Advisory Committee.

(3) If a Service cancels its insurance coverage or has its insurance cancelled, the loss of qualification will be immediate upon confirmation of the cancellation, and the Service shall not be entitled to a pre-termination hearing. The Service will be notified and may appeal to the Policy Board Chair as pursuant to Step 2(D), above.

SECTION 5 - LOG OF TOWED VEHICLES

All towing calls shall be documented at OCCDA. The most appropriate method of recording this information shall be determined by the OCCDA Deputy Director. Minimum information shall generally include: whether it is a preference or non-preference request, the nature of the call (service, traffic, crash, etc.), time, date, location, vehicle description, Service dispatched, and response of Service (acceptance, no answer, busy signal, not available, etc.). A comment section is available to document any problem encountered, i.e. too long to respond, refused to clean debris, etc. Tow logs shall be made available for public inspection during normal business hours.

SECTION 6 - CRIMINAL INVESTIGATIONS

Criminal cases may be investigations requiring confidentiality or having special needs. A police agency may deviate from the requirements outlined in this policy during the course of these investigations based on the Freedom of Information Act.

SECTION 7 - EXCEPTION/REVISION RESPONSIBILITY

(1) OCCDA reserves the right to deviate from this Policy when in its sole discretion, unusual circumstances warrant.

(2) An Ottawa County Law Enforcement Officer may deviate from this policy for criminal investigation purposes.

(3) Responsibility for the continued review and revision of this policy lies with the Law Enforcement S.O.P. Committee.

(4) The Law Enforcement S.O.P. Committee reserves the right to change this policy at any time, with or without notice.

SECTION 8 – ACCEPTANCE OF REQUIREMENTS

I have received, read and understand the OCCDA Non-Preference Towing Policy. I attest that I have the authority for the Service I represent to agree to this Policy and on its behalf, I agree that it will adhere to the above listed requirements and those listed in the OCCDA Non-Preference Towing Policy. Failure to comply with any of these requirements may result in our Service’s loss of qualification for OCCDA Non-Preference towing calls. I further understand the OCCDA Non-Preference Towing Policy is designed to distribute non-preference calls for Services as equitably as possible. OCCDA will make every effort to do so through this policy, however there is no guarantee to Services who are qualified and participating in the non- preference towing policy of any specific number of runs.

– Law Enforcement Standard Operating Procedures Committee