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  • #31
    http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.1173:

    It looks like the bill will make it so that states may regulate tow truck operations "as they see fit," the language in this bill is very vague. All it does is...

    change

    49 USC 14501(c)(2)(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.

    to...

    49 USC 14501(c)(2)(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision replating to the regulation of tow truck operations.

    Basically, what this does is change the law so that states may enact laws relating to the towing of vehicles that have the owner's consent. Right now, states cannot enact laws relating to the towing of vehicles that have the owner's consent.

    What you're describing, is not in this bill. The only thing this bill does is enable states to make laws related to tow truck operations, removing the limit that only the Interstate Commerce Commission through US Code may.

    Is there a companion bill in a state legislature or somewhere (This was sponsored by Virginia, with no co-sponsors) that would enact this?

    Because, as it stands, the bill simply makes it so that states can enact legislation to regulate towing in all situations, at the state level.

    A good example of their power to do this for private impounds is Wisconsin's towing rule (Only a law enforcement officer may order a vehicle towed off private property without consent of the owner or operator, at his sole discretion.)
    Some Kind of Commando Leader

    "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

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    • #32
      Parking

      In CA., security is considered the agent of the owner and is backed by 602 P.C.
      I have towed many vehicles and heard all the excuses. Believe it or not, it's not entirely up to you to know the rules as to where not to park, what time the pool closes, etc... It is the responsibility of the tenant to let u know about the rules...He lives there, u don't...Most sites I had gave a warning citation. Next violation, the 11-85's come out...

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      • #33
        I worked for a very unethical company once that owned a tow company as well as a security company. Security officers would get a $5 bonus for every car towed. I only worked there for about a month. That was about 29 days to long.
        "Gun control, the theory that 110lb. women have the "right" to fistfight with 210lb. rapists. " Author Unknown

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        • #34
          Just to clarify: The states have always regulated and licensed tow companies operating within their borders - the feds don't, nor would the federal powers under the Constitution permit the federal government to do so, except that the feds probably can regulate certain aspects of towing or any other transport operations that may pertain to interstate commerce.

          For instance, here's the Washington State tow operator's handbook explaining the state laws and regulations pertaining to tow services: Tow Operator Handbook . The feds don't regulate tow services at all, and never have, to my knowledge. This would be akin to the feds regulating barber shops or wrecking yards.

          This is why, for instance, many if not most states permit either "public" or "private" vehicle impounds, meaning those instigated by a public agency versus those that are instigated by the owner of private property.

          The powers of the federal government are only those that are specifically granted to it as enumerated in the Constitution; all other authority of any kind resides with the individual states.
          Last edited by SecTrainer; 12-25-2006, 07:00 AM.
          "Every betrayal begins with trust." - Brian Jacques

          "I can't predict the future, but I know that it'll be very weird." - Anonymous

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          • #35
            In Montreal they are regulated by a city by-law enforced by a department of the city that enforces taxi & towing companies.
            I enforce rules and regulations, not laws.
            Security Officers. The 1st First Responders.

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            • #36
              Originally posted by SecTrainer
              Just to clarify: The states have always regulated and licensed tow companies operating within their borders - the feds don't, nor would the federal powers under the Constitution permit the federal government to do so, except that the feds probably can regulate certain aspects of towing or any other transport operations that may pertain to interstate commerce.

              For instance, here's the Washington State tow operator's handbook explaining the state laws and regulations pertaining to tow services: Tow Operator Handbook . The feds don't regulate tow services at all, and never have, to my knowledge. This would be akin to the feds regulating barber shops or wrecking yards.

              This is why, for instance, many if not most states permit either "public" or "private" vehicle impounds, meaning those instigated by a public agency versus those that are instigated by the owner of private property.

              The powers of the federal government are only those that are specifically granted to it as enumerated in the Constitution; all other authority of any kind resides with the individual states.
              You're right, which is why the Fed's withhold critical funding to the states that fail to tow-the-line (no pun intended) regarding policy. An example is when the speed limit was reduced from 70 mph to 55 mph back in 1973 to save fuel and lives. Money talks.
              Security: Freedom from fear; danger; safe; a feeling of well-being. (Webster's)

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              • #37
                Yea

                Originally posted by N. A. Corbier
                Totally depends on your state laws. In Florida, with the proper signage, any "unauthorized vehicle" can be towed by a private towing operator any time of day or night. The owner is responsible for reclaiming it.

                We towed for anything. No sticker? Gone. No warning, just gone. The warning was the "Unauthorized vehicles will be towed away" sign. Sideways parking? Gone. etc. al.

                Check your state and city ordinances as to towing. For example, in Wisconsin, we cannot tow up here. A law enforcement officer must be summoned, who at his whim will decide what to do with the "trespassing vehicle." It may simply be decided to remain there, etc. If you attempt private impound, its Grand Theft.
                Thats how it is here...no guest pass or owner decal is a tow...parking over 15 mins in the 15 min parking is a tow...parking in an owner space...imediate tow.

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                • #38
                  Panama city beach

                  Originally posted by GCMC Security
                  when i worked panama city beach during spring break guests were given a tag and thier info was stored by the front desk. When we checked the parking lot if they didn't have a tag we would call the front desk if it wasn't registered, we would take one of those big markers the HS kids use for prom in stuff and right TOW real big on the rear window. Roughly once an hour during the day the tow company that the hotel contracted with would drive by and hook up any marked. At night we called them to get them.

                  On an aside half the time by the time the tow company would get there the car would be way gone!
                  Yea its a pain during spring break...most times when we have to tow we issue parking violations first...unless it is a serious violation...like no pass in window and parked in a fire lane...or no pass and parked in an owners space

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                  • #39
                    I am probably a little late but I am responding to the very original post. Our company mostly does apt complexes. On the ones where there is covered parking which is assigned then usually the residents have authority to tow if someone else is in their spot as long as they have the piece of paper that says the spot is theirs which was given to them when they moved in. Besides that most properties do not give us authority to tow, and residents can not tow for anything else besides their own spot. We have only a few where security is authorized to tow but management does not want to be responsible for every car that is parked in the fire lane, handicap spot, etc. Too many residents they could piss off if cars are damaged. We just mark down illegally parked cars, abandoned vehicles, inoperable vehicles, cars with expired tags, etc in our reports and then if they are still there when management gets there in the morning they will tow if it seems fit for the situation. Only time we could possibly tow is if a vehicle was blocking an exit, other vehicles to exit their spot, etc.

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                    • #40
                      We have a stupid 72 hours rule at my mall, though there are several signs that state "NO OVERNIGHT PARKING". You get 3 notices. The 3rd will get you towed away unless you advise us in advance with a good reason why your vehicle is there. Acceptable reasons are

                      1) You were transported by EMS from your job
                      2) Its disabled
                      3) You are some punk shoplifter who got nailed at an anchor store and got arrested (I feel this should warrant an automatic tow).
                      "I am not a hero. I am a silent guardian, a watchful protector"

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                      • #41
                        The dents in the hood sure look like hail stone damage. If that is the case then the towing company could claim that it would have happened even if it wasn't towed.
                        THE AVERAGE RESPONSE TIME FOR A 911 CALL IS FOUR MINUTES
                        THE AVERAGE RESPONSE TIME FOR A .357 MAGNUM ROUND IS 1400 FEET PER SECOND?
                        http://www.boondocksaints.com/

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                        • #42
                          Originally posted by Chucky
                          The dents in the hood sure look like hail stone damage. If that is the case then the towing company could claim that it would have happened even if it wasn't towed.
                          True.

                          Update:
                          The friend I was staying overnight at the apartments with, has just finally reimbused me for the towing charges. $$$
                          He was supposed to tell me where to park, and had failed to.

                          The towing company shall remain on my "other list" anyways from now on.

                          What comes around goes around.
                          Observe and report what you saw with a good flashlight.
                          Bedtime at sunrise

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