Does Your Company Have a Pay Phone?

By Randall C. Resch 

Pay phone? What’s that? A tow owner called me (all freaked-out) worried he’d be cited for not having a payphone for customer access. Because California beats to its own drum, old, defunct vehicle code laws remain on the books.  

A recent police contract made mention of this requirement written in “Facility Requirements” stating, “A lighted and accessible pay-phone must be available for customer use.”  

To that I reply, “Are you kidding me?” 

California's private property impound law, 22658, is one of the most extensive, lengthy and all-inclusive PPI laws of all states. While the "Letter of the Law" in-part says tow companies "Have a public pay phone" no specific wording exists to include the phone must be working or operable. Is that an arguable offense?   

How ignorant is this section as it regards present day technology and wording that’s questionable and outdated? OK, I know what some of you are gonna' say, but could the missing wording (specific to pay phones) be a loop-hole, or is it just my flippant response? Perhaps it’s one or the other, there's NO wording specific to the phone's operational capability. 

If it came down to sake of argument in court, I'd stand my ground and provide reasonable rebuttal based on today's towing operations and simple reality that nearly every person has a cellphone. Only the court can decide. 

It’s the Law 

Found deep within the narrative of California's PPI law defines, 22658 CVC, subsection (n)(c)(3), in part it states - "Has a public pay telephone in the office area that is open and accessible to the public." 

At one time, the local predatory towing here was so out-of-control, it was re-defined to curtail tow companies working outside the law. Their illegal actions resulted in the District Attorney’s Office forming a “Predatory Task Force.”   

In current tow and impound operations, it’s archaic to require a dedicated pay phone. Citing customer inconvenience, pay phones have simply been replaced by cellphone technology. If someone doesn’t have a cellphone; they likely don't want one.  

Even my five-year-old grandson has a cellphone, and, for the person whose car is impounded, if they don't have a phone, I'm confident someone with them does.  

Most companies offer (on-request) the use of a land-line phone with “free call” capability, although that phone is hard-wired into their office’s phone system.  

Some companies include a mounted sign next to rate boards inviting them to request a manager or supervisor regarding "special requests."  Even small tow companies may have land-line systems to provide requesting customers phone service.  

Remember Your Safety 

Allowing customers into a business office isn’t recommended to protect against customer violence and potential robbery. I don’t offer my cellphone to unhappy and disgruntled vehicle owners only to have them tuck-tail and run. Since starting towing in the mid-1960s, my parent's company nor my own was ever accused of not having a pay-phone, but then again, our businesses weren’t operating outside the law.  

California’s PPI laws needed revamping to curtail and enforce companies providing illegal PPI practices. These comments represent California’s vehicle code law, and, under no circumstances am I providing legal advice or council.  However, I don't believe tow company employees would be cited for not providing customer use of a phone upon request, especially when there’s no impending danger present. 

If you're a one owner budget tow company working from your tow truck with only your cellphone and no phone in your office trailer; being in-compliance is one decision you'll have to comply with. Frankly, I’ve never known a tow company to be cited for not having a public phone.”