Navigating Tow Truck Inspections and Appeals

By Randall C. Resch                   

I've learned that nothing’s fair in the world of annual inspections. Sometimes, even the simplest challenges go sideways when attitude clashes with authority. During an annual inspection, a female tow boss failed five of my company’s trucks over her perception of a center pivot pin malfunction. On top of that, she told my driver, “Carriers can’t use J-hooks as securing equipment.” When the driver questioned her statement, he made things worse by responding with an equally poor attitude, adding his own brand of stupidity to the mix.

Attitude v. Authority

So, your company’s trucks failed the annual inspection, you say? Speaking directly to the equipment failure—did you know that law enforcement agencies typically have an appeal process? Will you accept a mechanical failure (five times over) without resistance, or are you just waiting for next year’s rotation?

If disciplinary action is on the table, was the suspension letter issued by the area command or just the tow boss? From the command, an upper-level commander’s job is to review your complaint while also ensuring that the tow trucks were properly equipped and operational “to the letter” of the contract. And when specific violations were noted, were the wreckers or carriers up to operational standards, according “to the letter of the law” in the state’s motor vehicle codes and safety laws?

When our five trucks failed simultaneously, the new tow boss hadn’t done her homework regarding tow and recovery equipment. To avoid being unjustly removed from rotation, proving her wrong was key to successfully filing our appeal. Just like in court, 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 the problem clearly without whining, being overbearing, or making threats. Complaining that the officer was rude to your driver won’t help—it’s unproductive and childish.

Stick to the facts as you know them and provide concrete evidence that your truck passed inspection. Regarding the pivot pin issue, I reached out to our truck manufacturer for clarification. They provided design specs and photos outlining the pin’s movement (tolerances) as part of their process. To strengthen our case, the manufacturer’s president even accompanied me to the appeal meeting.

Back it Up

I’ve had conversations with tow owners complaining that inspectors were overly picky. News flash—that’s their job! If an inspector noted that the gas can was leaking, it likely means the truck needs a new can or at least a new gasket. If the dolly tires were sun-rotted, that’s another issue. If the truck’s winch line had kinks and spurs, it should have been replaced too.

If your trucks are marginal and can’t pass inspection, don’t blame the inspectors; it’s a sign the trucks weren’t prepared. Even brand-new trucks, fresh off the manufacturer’s floor, might have issues that vary from inspector to inspector. Tow drivers and owners aren’t in a position to argue about what inspectors find, but if a failure is fixable, get it fixed. If your truck fails inspection, what exactly caused the failure?

By reviewing the agency’s contract agreement under “Inspection and Equipment,” you’ll likely find the specific requirements for the class of wrecker and carrier being approved. Understand that law enforcement holds tow trucks to “close to perfect” standards.

Appeals should never reference what your state’s associations allow. Your association can’t help you because: a) they weren’t there, and b) it’s not their trucks being inspected. Don’t argue, “My association says it’s okay.” It’s a losing proposition.

When defending an appeal, maintain a professional, business-like approach. In other 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, so don’t adopt an air of entitlement. If you’re the only qualified tower in your area, it might be nice to think the agency would reinstate you with an apology and open arms. However, agencies typically stand firm in their decisions and will seek another company to provide services. There’s always someone willing to fill the gap.

If you get no satisfaction from your tow boss, escalate the issue up the chain of command to the agency’s lead Sheriff, Chief of Police, or Commissioner. Stay calm, respectful, honest, and factual, presenting your case without whining.

Should you file a lawsuit against the agency? Think carefully before taking that step—it will likely cost thousands in legal fees, wasted time, and the frustration of potentially losing the appeal.

When a tow company faces disciplinary action or removal from rotation, don’t take it lightly. An appeal should be swift and decisive, addressing the disqualifying issue directly. In my case, I appealed immediately by providing proof that there was nothing mechanically wrong.

The Bottom Line?

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

If you disagree with the actions or decisions of an agency or department, it’s your choice to decline towing for them. Intimidation aside, true diligence showed that our company was worthy of being in 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.