By Randall C. Resch
If this were your crash scene, why would it be necessary to load “upside down?” Tow forums post this “ongoing debate,” in which towers respond to recovery calls involving a casualty vehicle splayed atop its roof. Towers have likely grown tired of rehashing the same topic repeatedly.
The Tow Police fail to recognize there may be a “necessary purpose” for loading upside down. Because a percentage of towers can’t work carrier rollovers, highway patrol and law enforcement are likely to order towers to load vehicles upside down. Why? Because some towers don’t have quick clearance skills.
On-scene challenges like darkness, blocked line-of-sight, curved roadways, operators taking too much time, etc., may demand that casualty vehicles be dragged onto the carrier’s deck for safety considerations. Towers oftentimes lose sight of reasoning in which their ego and arrogant attitude forego proper thinking.
Here’s the Drill
When arriving operators step from a carrier’s cab. He or she may be met by troopers who request the tower load “upside down” to move it out of lanes quickly. To towers who understand this process, it’s called, “Quick Clearance.”
Why can’t towers understand the importance of preventing “secondary impact” intending to save responder lives? Being plowed into by a distracted motorist is the reality of our work. It’s not illegal to load upside down and it’s something that “can be done” with quick precision.
For hardheaded towers, does refusing to load upside-down violate contract stipulations? Maybe! California’s, Tow Service Agreement, Section 16, “Demeanor and Conduct, Section A and A2, asserts: “While involved in CHP rotation tow operations or related business, the tow operator and/or employee(s) shall refrain from any acts of misconduct including, but not limited to, any of the following: (2) “Lack of service, selective service, or refusal to provide service which the operator is capable of performing.”
In the best interests of safety and quick clearance, troopers expect towers to comply. To that I ask, why do egocentric towers “angrily and adamantly decline” the process? While keyboard warriors talk that hard line, they’re likely not hearing what reasons “why” they’re being asked to load upside down, nor are some towers willing to offer solutions?
Towers should expand their minds to the bigger picture of on-scene safety and quick clearance, noting it’s rare (if ever) for an upside vehicle to burst sporadically into flames. I challenge anyone to prove otherwise. Sure, the potential is there, but the chance of dying during a pedestrian strike is far greater.
What’s a Recovery?
Upside transport is a “recovery process” that causes heated and repeated discussions. Perhaps towers should fully understand what constitutes “a recovery” in the eyes of the highway patrol? Because the law enforcement community experiences “first-hand” that not all operators are equally competent, an officer’s decision to load upside down could be based on an operator’s inability to work the roll.
“Recovery” as defined in the CHP’s Tow Service Agreement states: “For purposes of the TSA, recovery is defined as a vehicle which is overturned, down an embankment, or otherwise not upright on its wheels.”
In Chapter 6, “Response to Calls”, Section B, “An operator or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle, perform vehicle recovery (e.g., rollover, down embankment), provide service (e.g., fuel, flat tire change), and be in possession of the appropriate class of driver’s license, applicable endorsements, and permits.”
Section 9, “Tow Truck Classifications”, Subsection (B) (2), it reads, “An operator who has a car carrier is exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit and shall not be used for recovery.”
CHP’s rotation contract states, “Tow truck drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. 1) This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time.”
Before refusing an officer’s request, know that contracts’ demand operators are trained and experienced. Note: Dating back to 1928, California leads the nation in on-highway fatalities perhaps because too many towers weren’t thinking “safety-first” beyond simply working the scene.
Push to Shove
If an officer (or Incident Commander) requests casualty vehicles be loaded upside-down due to on-scene considerations, should towers refuse to load upside-down? If a tower remains adamant, they may be ordered to leave with the officer requesting the next rotation company to respond. Rest assured, a “refusal” may initiate an officer’s aggressive follow-up complaint to the area’s tow boss.
The bottom-line? It's important tow owners understand that flatbed carriers, in most contracts, aren’t “recognized” as recovery trucks per contract wording. Showing up with a carrier (to a crash scene) may immediately be the first (contract) violation; sending an untrained operator is violation “two”; refusing an officer’s lawful request is violation “three.”
If you’re that tower refusing a lawful order or upside-down request, a refusal may cause your company to be removed from rotation. Personally, my varsity operators are instructed to do whatever’s requested by officers on-scene, even if that means load upside-down. Until such time towers convince law enforcement they’re trained in carrier operations, this topic won’t go away.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 28-years, he has contributed more than 700-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee.
Email Randy at rreschran@gmail.com.
