Care, Custody and Control for Towing Operations

By Randall C. Resch Tow operators and companies must take care and understanding that they’re responsible for their actions when handling someone else’s property. A seasoned tow operator damaged a customer’s car while loading it. Worse yet, he didn’t report the damage. The tow company was subsequently sued for an outrageous amount. During a damage claim interview I conducted to assist in the insurance investigation, the tow operator who caused the damage flippantly remarked, “The car’s a piece of crap.” That set me to boil and I immediately fired back: “But it’s somebody’s piece of crap; not yours.” (This narrative isn’t intended as legal advice or information, but as a basis of training only.) Care, custody and control is a risk management process that spans the duration of towing activity where a vehicle or property of another, is entrusted to a tow company or its employees. When considering best practices, I think of industry standards (actions) that pursue a proper and reasonable Standard of Care. It’s an ongoing process of protecting from intentional or accidental damages to real property belonging to others. Protection includes: customer vehicles and property; its current overall condition; contents contained within the vehicle during length of services; and impound, storage and/or subsequent release by the tow company, body shop or repair facility to its rightful owner or agent. Care: Tow companies are responsible for direct damages to customer vehicles during acts of loading, off-loading, towing operations, test drives, pick-up and delivery from a customer’s premises and/or lawful impound while being stored, parked or being moved on the tow company’s property. Tow companies are responsible for total actions of its employees, including: vicarious liability that is applicable to vehicle operations and driving habits; exposure to contents not of their own; required industry standard training; techniques and strategies; and application of standard of care processes necessary that protects the customer’s vehicle or property during towing and recovery tasks. The same liability is true during business hours at business facilities, shops and storage yards. Custody: Is derived when best practices ensure that vehicles or properties of others are reasonably protected from intentional or accidental damages, harm, theft, or access being provided to individuals not directly linked to vehicles while in custody of a tow company. Tow companies are obligated to provide adequate security measures to reduce chance of theft of property with business strategies that ensure the following controls: • A central station intrusion alarm covers the entire premises. • A 24/7 video surveillance system. • A key control program; lock box or key board. • Employee training regarding access and release procedures. • A zero-tolerance policy prohibiting theft by employees. • Secured vehicle storage areas until release. • Items of value that are inventoried, reported and/or stored. Control: Tow companies and their employees have direct responsibility to protect vehicles or properties of others. They must control accessibility or actions of persons not the owner while a vehicle or property is in the company’s employee’s safekeeping. Control is maintained by ensuring vehicles and properties remains safe under secured storage, including acceptable employee actions necessary to protect vehicles or properties from theft or damages. A company shall not allow unauthorized access or release of vehicles or properties to individuals other than law enforcement, a completed investigation, valid court order, or documented release to its rightful registered owners or agents. All in all, CC&C is a phrase that professional tow companies follow on a daily basis. Varsity companies serve with varsity mentality to instill a high level of public trust. Obviously, when a company’s reputation is at stake, CC&C is a priority tow companies should strive for. It doesn’t matter what size company you operate or the number of trucks in your fleet. Why? Because, when tow companies aren’t trusted, word gets around and tow businesses assuredly suffer. As for the driver who wasn’t overly concerned for the customer’s vehicle, his less-than-acceptable attitude sealed his fate. 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.