Are Tow Trucks First-Responders?

By Randall C. Resch There’s repeated banter over whether or not tow operators are first responders. I don’t know if this is a generational thing, but I’ve worked this industry for better than 50 years, representing that towmen weren’t even remotely considered anything other than “just a tow truck driver” until early 2004, when the Cumberland Valley (PA) Volunteer Firefighters Association, thought to formalize on-highway response. In Traffic Incident Management training, there’s a prevailing thought that tow trucks and tow operators are indeed “first responders.” To mention that tow operators are first responders has led to a multitude of questionable driving behaviors and mentalities where towers often respond in a manner that authorized emergency workers such as law enforcement, paramedics and firefighters do. Do Your Homework To be considered an “authorized emergency vehicle,” legislation must be written that allows it. Just because tow trucks respond to traffic accidents doesn’t make us authorized emergency vehicles. For example, California Vehicle Code’s Section 165 states; “An authorized emergency vehicle is: ... (e) Any vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work.” The section closely defines that special wording of “tow truck” or “wrecker” is clearly missing from the section’s narrative. California’s tow trucks aren’t emergency vehicles and don’t have the same response capabilities due to lack of specialty lighting, sirens and, most importantly, applicable training. Like most states, California has no legislation authorizing tow trucks to respond Code 3 in an emergency-like manner. Some states, like Missouri, tow trucks are allowed to operate red and blue lights as well as sirens. However, they’re supposed to use red, blues, and sirens only when responding to requests from law enforcement. In other states, a tow truck responding with emergency amber lights is not an authorized emergency vehicle. If a state doesn’t have specific wording to define “authorized emergency lighting,” it’s not an emergency vehicle. The use of blue-colored lights is typically limited to law enforcement and where paramedic rigs and firefighting equipment are provided special consideration in an emergency response mode. As far as I know, there are no formal, high-speed driving courses to formally train tow operators in emergency tow truck response. In most states there is no current legislation that authorizes emergency response to tow operators. What’s That Mean? As an instructor teaching tow operator response and safety protocol across the United States, my best advice is know what your state laws mandate in response to your tow truck being considered an authorized emergency vehicle. There’s huge liability in emergency vehicle operations. Be fully aware. A 30-year career firefighter and fire instructor defined the topic of tow trucks as first-responders best by commenting, “A tow truck could legally be considered anything your state legislature or other lawmaking body decides it is. If you can get a bill approved that classifies the truck as an emergency vehicle, then legally it is one. If you get a bill passed that classifies it as a submarine, then legally it is one. Laws are funny that way.” The towing and recovery industry as a whole lacks solid written defined laws that make us first responders in the title’s true sense. Randall Resch is American Towman's and Tow Industry Week’s Operations Editor, a former California police officer, tow business owner and retired civilian off-road instructor for Navy Special Warfare. Randall is an approved instructor for towers serving the California Highway Patrol's rotation contract. His course is approved by the California law enforcement community. He has written over 500 industry-related articles for print and on-line, is a member of the International Towing & Recovery Hall of Fame, and, a recipient of the 2017 Dave Jones Leadership Award.