B. All tow companies will provide a certificate of insurance coverage at the time of the initial application process and at all annual re-inspections. This certificate will name all equipment for towing and all storage sites used for vehicles towed at the request of the Montgomery County Department of Police. The towing company must ensure that all insurance policies, permits, and required documentation remain current while on the rotation list. This coverage must include the following:
1. The minimum insurance requirements in Title 13, § 920, entitled “Vehicle Laws - Tow Trucks.” Title 13, § 920 in part specifies that “A person who registers a tow truck under this section or operates a tow truck in this state that is registered under the laws of another state must: obtain commercial liability insurance of at least $100,000 per person, $300,000 per occurrence bodily injury liability, and $100,000 per occurrence property- damage liability.”
2. In addition to the state minimum insurance requirements, towing companies must comply with the Federal Motor Carrier Safety Administration regulation and carry “for hire, property” (non-hazardous) insurance coverage at a minimum of $750,000.00.
3. In addition to the state vehicle requirements, two companies will maintain a minimum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) of garage-keepers insurance for each towing storage lot. This requirement extends to towing contracts/agreements with each participating agency within Montgomery County.
4. Tow companies will also maintain a minimum of Sixty Thousand and 00/100 Dollars ($60,000.00) of on-hook/cargo insurance for each vehicle towed.
5. All tow firms will provide proof of compliance of the State of Maryland Worker’s Compensation Law or proof of legal exemption from the Worker’s Compensation Law. Towing companies must submit an annual certificate of compliance to the Police Towing Supervisor. Firms towing for Montgomery County will not act as independent contractors nor will they employ drivers as subcontractors.
6. The Montgomery County Police Abandoned Vehicle Section, located at 580 Metropolitan Grove Road, Gaithersburg, Maryland 20878, will be named as an insurance-certificate holder.
C. All tow drivers will meet the following criteria: 1. Licensed drivers must be at least 18 years old. 2. Must have sufficient ability and knowledge to competently conduct towing operations. 3. Must be courteous and not use abusive or offensive language when dealing with the public.4. Any member of the towing firm who has a history of criminal activity or a driving record such that it raises a reasonable concern for the safety of the public will not tow for the Montgomery County Department of Police.
5. Felony convictions will be reviewed to determine the nature of the crime and the amount of time that has elapsed since the conviction. Applicants with convictions for violent crimes or drug related crimes will not be considered.
6. Drivers must possess a commercial driver’s License (CDL) if the tow truck has a GVWR of 26,001 pounds or a combined vehicle weight (tow truck and towed vehicle) of 26,001 GVWR or if the vehicle is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulation (49 CFR part 172, sub-part F).
7. Effective October 1, 2003 all Maryland non commercial drivers operating a commercial motor vehicle in intrastate commerce and the vehicle weighs 10,001 and 26,000 pounds, are required to hold a valid Federal Motor Carrier (DOT) physical card in their possession.
D. All tow trucks must meet the following minimum criteria and requirements. Tow companies on the Police Towing List on October 31, 2004, may continue to use equipment that is approved and registered with the Montgomery County Police Department for police-ordered towing as long as it does not change ownership, is continually registered and inspected, and meets all federal and state registration and safety requirements.
1. All tow trucks must be manufactured body and boom with hydraulic elevation and hydraulic extension.
2. All tow trucks must have a hydraulic under-reach/wheel-lift with hydraulic elevation and hydraulic extension.
3. Towing companies must possess the capability to flatbed transport vehicles within the light duty class.
4. All wreckers/rollbacks must have a 2 ½-pound fire extinguisher (charged and operational), shovel, broom, bucket/trash bags, twenty (20) pounds of oil-dry absorbent, tow lights, and a first-aid kit.
5. Medium-duty vehicles can be used for light duty but not vice-versa. 6. All rollbacks must be equipped with four-point tie-down capabilities.7. Towers will comply with federal, state and county laws concerning display of tow-firm name and other required information on their vehicles.
8. Adequate vehicle lights so as not to create a hazard (Maryland Vehicle Law, Transportation Article § 22-218.2).
9. Vehicles will comply with the general safety requirements of the equipment section of the Maryland Transportation Article.
E. Light-Duty Specifications: 1. Minimum boom rating of eight (8) tons. 2. Minimum chassis GVWR of 11,000 lbs. 3. Hydraulic winch on each vehicle, with a minimum rating of 8,000 lbs. each. 4. Minimum of 50 feet of 3/8 cable on each winch. Swigged thimbles are required (no clamps).5. Minimum of four (4) chains ten (10) feet in length, with a maximum Working Load Limit (WLL) of 3,900 lbs.
6. Minimum of one (1) snatch block per winch with a minimum rating of two (2) tons. F. Medium-Duty Specifications: 1. Minimum boom rating of twelve (12) tons. 2. Minimum chassis GVWR of 25,000 lbs. 3. Two (2) hydraulic winches on each wrecker, with a minimum rating of 12,000 lbs. each. 4. Minimum of 100 feet of 7/16 cable on each winch. Swigged thimbles are required (no clamps). 5. Minimum of four (4) chains, ten (10) feet in length, with a minimum WLL of 5,400 lbs. 6. Minimum of two snatch blocks with a minimum rating of four (4) tons. 7. Minimum of two (2) recovery straps six (6) inches wide and at least twenty (20) feet in length. 8. Minimum of two (2) recovery straps, with a minimum basket capacity of 8,400 lbs. G. Heavy-Duty Requirements: 1. Air brakes. 2. Minimum boom rating of twenty (20) tons. 3. Minimum chassis GVWR of 33,000 lbs. 4. Two Hydraulic spades. 5. Two (2) winches on each wrecker, with a minimum rating of 20,000 lbs. each. 6. Minimum of 200 feet of 9/16 on each winch. Swigged thimbles are required (no clamps). 7. Minimum of four (4) chains, ten (10) feet in length, with a minimum WLL of 12,000 lbs. 8. Minimum of two snatch blocks with a minimum rating of eight (8) tons.9. Minimum of two (2) recovery straps, twelve (12) inches wide and at least twenty (20) feet in length.
Because of the complexity of truck-collision recoveries over 20,000 GVWR and the additional staff and specialized equipment that may be required ( i.e. , cranes, loaders, roll- offs, air cushions, etc .), these recoveries will not be regulated by the schedule of towing fees in the Executive Towing Rules and Regulations and the vehicles will not be transferred to the AVS unless the vehicle is involved in a serious collision, fatal collision, or is evidentiary in nature. Under these circumstances, the vehicle will be transported directly to a Police storage lot as instructed by the officer on the scene. This does not pertain to the normal towing or minor winching of heavy-duty vehicles when additional equipment or manpower is not utilized. After reviewing all facts and consulting with officers on the scene, the Police Towing Supervisor has the authority to make a final determination whether a heavy-duty towing request will be classified as a “heavy-duty tow” or a “heavy-duty recovery.” The Police Towing Supervisor will review all recovery invoices to ensure they comply with the towing regulations. The AVS will not be responsible for any fees pertaining to heavy duty recoveries. These vehicles will be released from the AVS upon verification that the towing invoice has been paid in full.
H. The following minimum-operations criteria will be observed for towers’ storage lots: 1. Twenty-four hour (24) availability for police personnel.2. Every lot will be securely fenced (example: six-foot chain-link fence with full gate) unless it is an “on-site” 24-hour operation. The lot will have adequate lighting for night operations and provide a safe environment for conducting business. Lot size will be eight (8) or more dedicated parking spaced per towing firm per Police district.
3. Storage lots will be open for the release of vehicles between the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and noon to 4:00 p.m. on Saturday. Storage lots will be opened for vehicle inspection during these same hours Monday through Saturday by any interested party. The term “interested party” includes the driver, owner, attorney/private investigators, or insurance-company agents representing either party involved in a collision. A tow firm may elect not to release vehicles on any Montgomery County Government holiday (county government closed) unless the vehicle was impounded/towed on that Sunday or holiday. These rules of releasing vehicles do not preclude tow firms from releasing vehicles at other times. A towing company may elect to release a vehicle any time other than the required hours of operation and may charge the owner/operator/agent a fee not to exceed fifty dollars ($50.00) for this service.
4. Each tow company will provide to the person to whom the vehicle is released the name and address of the tow company’s insurance carrier at the time of the release, if so requested.
5. Approved storage lots will be used only by tow companies authorized to tow for the Montgomery County Department of Police. Sub-leasing property for storage-lot use will be approved by the AVS upon proof of issuance of a use-and-occupancy permit, zoning authorization, and a copy of the lease agreement.
6. All storage lots will have posted on the lot, visible from the street when possible, a street address and the names of the tow companies that store vehicles there. No signage will contain the word “POLICE” or indicate that any lot is under the control of the Montgomery County Government.
I. If a towing company towing on the Montgomery County Police towing-rotation list fails to meet the minimum requirements in these regulations, the towing company may be given a suspense date to comply with the regulations. If the towing company fails to comply by the suspense date or if the violation is of a serious nature, the towing company will be removed from all Police towing lists. This applies to removal of drivers, vehicles, and/or towing companies.
J. A towing company with a history of sustained violations of these regulations will not be considered for reappointment to the tow list. If there is a pending investigation concerning a violation of these towing regulations, the application for reappointment will be considered upon the completion of the investigation.