Mechanical Failure or Attitude Adjustment?

By Randall C. Resch             

I’ve learned nothing’s fair in the world of annual inspections. Sometimes, even the simplest challenges go sideways when attitude meets authority head-on.

At an annual inspection, a female tow boss failed five of my company’s tow trucks over her perception of center pivot pin malfunction. And during inspection, she told my driver: “Carriers can’t use J-hooks as securing equipment.” When the driver questioned her comment, he interjected his bad attitude by responding with stupidness of his own.  

Attitude v. Authority

So your company’s trucks went to annual inspection and failed, you say? Speaking directly to equipment failure, did you know that law enforcement agencies generally have an appeal process? Will you take a mechanical failure (five times over) without resistance, or do you simply wait for next year’s rotation? 

If you’re looking at disciplinary action, was the suspension letter initiated by the area command or by the tow boss alone? From the command, I believe an upper-level commander’s position is to review your complaint, while at the same time looking to review that tow trucks were equipped and operational “to the letter” of the contract’s agreement. And when specific violations were noted, was the wrecker or carrier equipped to operational standards according “To the letter of the law” written in the state’s motor vehicle codes and safety laws?  

When our five-trucks failed (at the same time), the new tow boss hadn’t done her homework when referring to tow and recovery equipment. To avoid being unjustly removed from rotation, proving her wrong was key to the success of filing our appeal. Just like appearing before a judge, the burden of proof was mine to bear to refute the tow boss’s decision.

File Away

The appeal process starts by filing an immediate complaint, directed at the tow boss, addressed directly to the area commander. While sometimes filing a complaint may lead to “political suicide,” doing nothing can lead to certain loss. If you believe the agency is incorrect, file an appeal. Your opening letter should be professionally written, factual and non-argumentative. 

State what you perceived the problem is without whining, being over-bearing or threatening. Don’t whine by saying the officer was mean to your driver; that’s kid’s stuff and it does no good.

State the facts as you know them and provide exact proof your truck’s does pass inspection. Regarding my pivot pin issue, I contacted our truck manufacturer seeking clarification. The manufacturer provided design specs and photos describing the pin’s movement (tolerances) as part of the manufacturer’s process. Better yet, the manufacturer’s president accompanied me to the appeal meeting.

Back it Up

I’ve had discussions with tow owners complaining that inspectors were overly picky. News flash, that’s their job! If inspectors noted the gas can was leaking, it sounds like the truck needed a new can or at least a new gasket? If the dolly tires were sun rotted, another ding. If the truck’s winch-line had kinks and spurs, it too should have been replaced.

If your trucks are marginal and can’t pass, don’t blame the inspectors; the trucks weren’t prepared.  Know this, even brand spankin’ new trucks, one-hour from the manufacturer’s floor, might show something to be challenged by varying inspectors. Tow drivers and tow owners are in no position to argue about the discoveries made by inspectors, but if a failure is fixable, get it fixed. If the truck fails inspections, for what reasons did it fail?

By reading the agencies contract agreement under “Inspection and Equipment,” it likely defines what the requirements for inspection are for the class wrecker and carrier being approved. Understand that law enforcement generally holds tow trucks to be “close to perfect standards.”

Appeals should make no reference to what your state’s associations allow. Your association can’t do anything for you because a.) the association wasn’t there and b.) it’s not the associations’ trucks being inspected. Don’t argue “my association says it’s ok.” That is a losing proposition.

When defending an appeal, a professional, business-like approach is in order. In so many words, you get more with kind words and a smile than you’ll ever get with a bad attitude and a smoking gun.

No Entitlement

Law enforcement doesn’t owe towers anything. Don’t show an air of entitlement. If you’re the only qualified tower in your area, wouldn’t it be nice if the agency would simply reinstate you with an apology and open arms? However, agencies typically stand strong on their decisions and seek another company for services. That means, there’s always someone willing to fill the gap.  

If you get no satisfaction from your tow boss, climb the chain of command to the agency’s lead Sheriff, Chief of Police or Commissioner. Keep calm, respectful, honest, and factual, stating your case in a non-whining manner.

Could you file suit against the agency? Think before you act as it’ll likely cost thousands in legal fees, lost time and the frustration of losing the appeal overall.

When tow company’s face disciplinary actions or removal from rotation, don’t take it lightly. An appeal should be quick and decisive supporting the disqualifying issue. In my case, I appealed immediately by presenting proof that nothing was mechanically wrong.

The Bottom Line

I presented solid proof that nothing was mechanically wrong with my trucks. I factually proved my company’s equipment met the strict requirements of the highway patrol. I ultimately “proved beyond a doubt” that the tow boss was incorrect. All disqualified trucks eventually passed.

If you don’t like what the agency or department does or says, it’s your option to decline towing for them. Intimidation aside, true diligence proved our company worthy of being on rotation.     

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 52-years, he has been involved in the towing and recovery industry. In 28-years, he has contributed more than 750-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.