When Following the Law Becomes Deadly for Tow Operators

By Randall C. Resch                                                 

Did you know your state’s Vehicle Code puts your safety and survival in harm’s way? Every time you secure a towed vehicle to the wheel lift or load vehicles onto flatbed carriers, the potential of being the next pedestrian strike is a high possibility.

Long before cellphones and distracted driving became the bane of every tow operator’s existence, towers took pride in following the law. But sticking to the Vehicle Code to the letter can be a sure way to get injured or killed. In fact, strict compliance with Vehicle Code laws might be one reason operators are struck and killed while working on high-speed highways.

For more than 35 years, I’ve researched and documented tow operator fatalities involving incidents on highways and shoulders. My conclusion: the industry has been slow to make changes based on lessons from the past. You should know that a large percentage of these fatalities happened because operators were trying to achieve a perfect tie-down to stay in compliance with Vehicle Code laws.

In hopes of reducing operator injuries and fatalities, the fact remains: there has been little to no effort to change, modify, or revise Vehicle Code laws to provide greater protection for tow operators. A review of your state’s vehicle code laws makes it clear—there have been no revisions or amendments allowing survival-based exemptions related to operator strikes.

The Law States

Every state typically has six specific code requirements for operators to comply with Vehicle Code laws. Regarding tow and transport safety, the following applies: 1. Vehicles transported on flatbed carriers must be secured with straps, chains, binders, or a combination of these, attached at all four corners of the transported vehicle. The winch cable does not qualify as an attachment device, though it may remain connected to the vehicle.1. Vehicles transported on flatbed carriers must be secured with straps, chains, binders, or a combination of these, attached at all four corners of the transported vehicle. The winch cable does not qualify as an attachment device, though it may remain connected to the vehicle.2. For vehicles towed behind a wrecker or carrier’s wheel lift, sling, or solid tow bar, the vehicle shall be strapped, chained, or a combination thereof to ensure towed vehicles are retained throughout the entire process of delivery,2. For vehicles towed behind a wrecker or carrier’s wheel lift, sling, or solid tow bar, the vehicle shall be strapped, chained, or a combination thereof to ensure towed vehicles are retained throughout the entire process of delivery,3. For vehicles towed behind wreckers or carrier wheel lifts, they shall be securely attached by two safety chains between the tow truck and towed vehicle. Straps or chains shall prevent a towed vehicle from detaching the tow truck’s primary tie-down system.3. For vehicles towed behind wreckers or carrier wheel lifts, they shall be securely attached by two safety chains between the tow truck and towed vehicle. Straps or chains shall prevent a towed vehicle from detaching the tow truck’s primary tie-down system.4. For vehicles towed atop transport dollies, safety ratchet straps are required to retain a towed vehicle within dolly components should dollies experience mechanical malfunction, tire blow out, or the tow operator strikes a curb or pothole during transport during delivery.4. For vehicles towed atop transport dollies, safety ratchet straps are required to retain a towed vehicle within dolly components should dollies experience mechanical malfunction, tire blow out, or the tow operator strikes a curb or pothole during transport during delivery.5. No matter day or night, extension lights shall be attached to towed vehicles for the purpose to provide visual running lights, turn signals and brake lights to the rear.5. No matter day or night, extension lights shall be attached to towed vehicles for the purpose to provide visual running lights, turn signals and brake lights to the rear.6. Responding to disabled commercial vehicle/semis on highway shoulders, triangles are required after 10-minutes time on scene per 49 CFR 393.95.6. Responding to disabled commercial vehicle/semis on highway shoulders, triangles are required after 10-minutes time on scene per 49 CFR 393.95.

In Harms’ Way

This is especially true for on-highway tow and transport services. State Vehicle Codes often put operators “in harm’s way” because the required activities (points one through six above) force them to walk, work, and stand on the dangerous traffic side of shoulders, center medians, and tow trucks. It’s a known fact that pedestrian strikes repeatedly occur when operators are positioned close to moving traffic.

Nearly twenty-years ago, Federal Highway and the powers to be recognized that on-highway workers were repeatedly struck working traffic side scenarios. Accordingly, Slow Down Move Over laws were initiated to create “a marginal space,” intending to reduce traffic side incidents. SDMO simply was a “band-aid” to a much greater problem.

To date, as-many-as 735-tow operators have been killed working on-highway and shoulder related incidents. Aside from walking alongside highway shoulders and medians, a large percentage of operator injury and fatality occurred when towers were attaching tie-down gear, dollies and extension lights.

If you don’t accept this data as fact, perhaps you should review OSHA, NIOSH, CDC, and law enforcement accounts regarding operator strikes? It’s obvious that working near active lanes and center medians is a primary reason towers are repeatedly killed.

Choose Your Survival

For towers working near dangerous traffic, it’s a choice to consider! While this narrative doesn’t suggest towers openly defy state laws, it’s every tower’s choice to identify what on-scene dangers exist, so to lessen potential of being struck. Work smart to know when existing tow activities are too dangerous for personal safety.

In police work, there’s an old adage, “I’d rather be tried by twelve than carried by six!” In that same manner of speaking, if it’s too dangerous to work the traffic side, a realistic survival technique suggests; apply minimal safety attachments on the non-traffic side, then limp to the first available, widest location, or, off the first ramp to complete what necessary safety attachments comply with law.

I don’t understand why national and state tow associations haven’t lobbied for “allowable on-highway exemptions” to provide greater protection for qualified operators. Every time we read about another tower killed while working the traffic side, it reinforces a troubling theory: the industry hasn’t learned from its past mistakes.

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 55-years, he has been involved in the towing and recovery industry. In 29-years, he has contributed more than 760-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.