Here Comes Penny Pusher  

Staying Safe While Serving Storm Victims

By Brian J. Riker

As Hurricane Helene has wreaked havoc from Florida to Virginia, leaving a path of destruction in its wake, first responders and tow truck operators have sprung into action to assist those in need. I want to thank the selfless people that risk their lives to save others, protect property and help restore some sense of normalcy. At the same time, please do not let your desire to help override your common sense. Stop and think before taking any action so you can be most impactful and not get yourself in harm’s way.

Hidden Dangers of Receding Waters

As flood waters recede, and the cleanup process begins this week, please be aware of the hidden dangers found lurking around every bend. Water is one of the deadliest forces on Earth, and even as it recedes, it can leave behind very dangerous conditions.

Washed out or compromised roads can easily fail under the weight of your tow truck so always make sure you are still on solid ground. On this subject, never enter flowing waters as you have no idea what the ground is like beneath the water. Even standing waters can be dangerous due to downed power lines, ruptured underground gas pipes, sinkholes and much more.

Animal and Environmental Hazards

Wild animals and marine life will be displaced, just like humans, and may act strange or aggressive due to their stress and unfamiliar surroundings. Even domestic animals like dogs and cats can be dangerous after a catastrophe, so use extreme caution around any animal.

Risks Posed by Flood-Damaged Vehicles 

Flood damaged cars will quickly become biohazards with mold, pollutants and other toxins as the water drains away. Electric vehicles are known for their fire hazards after being submerged, especially in salt water, so unless you have special training on handling waterlogged EVs, leave those calls to other responders.

Speaking of biohazards, the flood waters will be heavily contaminated with human waste, chemicals, parasites, insects and other very harmful substances. Even the smallest break or cut in your skin can allow a microscopic pathogen to enter your blood stream with potentially deadly results.

Personal Safety Precautions 

Scammers and thieves will be everywhere, making your personal safety a top priority. Keep your head on a swivel and be wary of anyone that approaches you until you have made a positive identification and threat assessment. Your life is not worth a tank of diesel fuel or the cash in your wallet, so please be cautious as law enforcement and ambulances are few and far between.

Planning and Preparedness for Storm Response 

Prepare for limited services, especially food, fuel, lodging and medical services/medicines. Bring plenty of clean drinking water, first aid supplies/prescription medicines you may need, non-perishable foods and as much extra fuel as you can carry unless you have pre-arranged fuel for your services. It is advisable to carry extra oil, grease and some spare parts for your trucks, especially tires, as things will be damaged very easily until the roads are cleaned up and repaired.

Legal and Insurance Considerations 

Before deploying, double check with your insurance agent or underwriter to make sure you have appropriate coverage for the services you will be providing and the area you will be travelling to. Many commercial policies have mileage or distance restrictions, limiting you to a specific range from your domicile location. Claims that happen outside that range, especially if you are deployed to an area for an extended time, likely will be denied or not covered fully.

Same with legal operating authority. While working directly for an emergency management agency, such as law enforcement or FEMA is typically an exempt operation, towing salvage vehicles to the auction is not usually covered under any emergency declaration.

You most likely will need to be a fully qualified interstate motor carrier, including having US DOT and MC authority, qualified drivers, comply with hours of service and more. Based on previous large-scale disasters, some jurisdictions have required storm response towers have to obtain local operating permits and driver certifications, or have only waived these requirements for a very short time period. Please verify what credentials you will need, and what the local laws or other regulatory requirements are, before getting placed out of service or fined for trying to help.

In these challenging times, your contribution is invaluable, but it should never come at the cost of your safety. Take the time to assess each situation carefully and be prepared for the unexpected. Stay safe, stay smart, and thank you for your service. 

What’s the Meaning of 'Certified' Anyway?

By Randall C. Resch 

A week doesn’t pass when tow forum participants claim they’re certified tow truck operators. On an industry forum, I recently read a two-year tower claiming, “I got my on-line certificate.” I’m happy for his excitement and give him credit for attending a recognized course. However, he continued to say, “Now, I qualify as a certified first responder.” While I appreciate the tower's enthusiasm, his comments made me question what it truly means to be 'certified.’ 

In California, the Highway Patrol’s Tow Service Agreement (Section 8, Subsection A) states: 'The operator shall ensure tow truck drivers responding to calls initiated by the CHP are competent and have completed a Tow Service Advisory Committee (TSAAC) approved tow truck training program.' While the agreement emphasizes 'approved tow truck training,' it makes no reference to drivers being 'certified.' 

“Certified” means “guaranteed” or that someone is officially recognized. Earning a certificate is by no means an indication of competency or ability. Be it learning on-line or attending tow operator training, gaining a certificate only means “on paper” that the student operator attended a training course.  

While a Certificate of Completion indicates the operator student attended training, on-line learning doesn’t enlist the operators’ senses outside that of reading and writing. There’s no guarantee the operator has the skills or safety mindset to handle recoveries. 

Time in Grade 

A tow truck certificate in hand, at any level, is advantageous to new towers or those who’ve been in the trenches for a long time. While the certificate is evidence that formal training has been completed, true “certification” is the product of “time in grade.” True to any professional field, the successful passing of topic specific training suggests the student has attended recognized training that speaks to industry standard practices.  

That certificate, combined with hands-on experience “in the field,” helps to raise value as to the operator’s abilities and competencies. The simple passing of a training course has no bearing on an operator’s ability as seen working incidents in a proper manner.  

Actions Speak Loudest 

In thirty years of teaching operators serving the highway patrol and the law enforcement community, I know towers who can pass a tow operator’s course with flying colors, yet I’ve seen them at work, and I’ve not been impressed. On the other hand, I’ve met towers who struggle to read, write or comprehend the written word of towing and recovery, yet they can tow and recover any scenario to which they’re dispatched.  As an on-scene officer, I’ve seen many experienced operators with training certificates whose practices and techniques are still questionable. 

In today’s litigious society, when towers are unfortunately involved in some preventable injury, death, or property damage scenario, a plaintiff’s attorney is likely to rip them apart. Accordingly, there isn’t one single tow operator in this industry who knows everything there is about towing and recovery. In my fifty-plus years of industry play, I’ve learned that a little humility goes a long way when bragging about being ‘Certified.’  

Towers, don’t assume that a Certificate of Completion or passing a tow truck course alone makes you a qualified tow operator or recovery specialist. True competency is demonstrated through your actions on-scene. Maybe that small Certificate of Completion should emphasize not just completion but also reflect qualifications and competence.   

Specifically stated in the CHP’s Tow Service Agreement, Section 8, Tow Truck Drivers, Subsection B, is, “Completion and/or documentation of a tow truck driver’s training does not indicate a sufficient level of competence.”  That said, I push myself to try and learn something new every day! How about you? Although your certificate means you’re recognized for your achievement, it says nothing to your on-scene abilities. Bottom-line: get trained, then prove your worth.        

What is a DataQ Challenge?

Brian J Riker

I’m sure almost everyone reading this has had an inspection from motor carrier enforcement sometime in their career, probably more than one, and likely at least one they felt was incorrect or unfair. I can say without a doubt there are plenty of instances where an officer was incorrect in their understanding of the regulations or what they were looking at on a vehicle.

Designed to help ensure accurate information in the SMS, the data quality challenge (DataQ), is a simple report to file and submit to the Federal Motor Carrier Safety Administration (US DOT) who will then forward it to the reporting agency for review.

Where this process is troublesome is in all states this request goes back to the issuing Agency, and in most states, the request for review goes back to the Officer that issued the violation. Keep this in mind when interacting with these Officers at roadside, as your professional demeanor may make all the difference in their willingness to work with you later on, either in Court or during the DataQ process.

Even when the Officer did you a “favor” and only wrote a violation on the inspection report instead of issuing a fine or citation, these violations still affect your safety score. This can result in increased insurance premiums or even a threat to non-renew your insurance because of a perceived deficiency in fleet safety. It is very important to understand the full impact of a citation or inspection report with violations noted. Often the impact is much greater than just the fine amount and/or inconvenience of being detained while inspected.

A good challenge begins with a detailed investigation, which starts during the inspection by asking the Officer to point out the violation to you so that you can fully understand what they are claiming. Most Officers are willing to point out the issue, however if they are not willing, do not try to force the issue.

If safe to do so, take plenty of pictures of the alleged defect (both close up and distant) being sure to make it clear you are still at the inspection location. These will allow an in-depth review of the alleged violation to determine if it is in fact a violation. Photos are key to a successful challenge either in Court or thru the DataQ process.

If you must make repairs or corrections before continuing, or even later at a repair shop, have the condition before and after the repair well documented to support your position that there may not have been a violation.

If a citation was issued along with the inspection report, wait until after trial to file your DataQ challenge. If the citation is dismissed or amended, then all you need to do is submit a copy of the court record with the DataQ challenge to have the report updated. The record will then reflect no violation, if dismissed, or an amended and reduced point violation if you were found guilty of a different charge.

If no citation was issued you can file a DataQ challenge as soon as you have gathered enough supporting documentation to prove that there was no violation at the time of the inspection.

Bottom line, we all make mistakes. It is on you as a professional to know the rules and regulations that govern your business. Knowing what is permissible goes a long way in avoiding inspections with violations, and when incorrectly accused of a violation, helping to set the record straight. Insurance companies are watching your DOT safety record closely so it is very important to challenge anything that may be incorrect. Your company’s survival may depend on it.