Understanding Care, Custody and Control 

By Randall C. Resch 

Some tow owners don’t fully comprehend what “Care, Custody and Control” is?  When vehicles are impounded and stored by means of non-consent towing, private property impounds, or actions by law enforcement, tow companies have responsibilities to care for the property of others.    

For the tow and recovery industry, “Care, Custody and Control,” are risk management processes that span the entire duration (of storage) when vehicles, or property of others is entrusted to the company and its employees. The concept of “CC&C” is simple.  

Care  

Tow companies are responsible for direct damages to a customer’s vehicle during acts of loading, off-loading, during tow operations, test drives, picking up and delivery from a customer’s premises, lawful impound and while parked or being moved with the tow company’s property. 

Tow companies are responsible for total actions of its employees, citing “Vicarious Liability” applicable to vehicle operations and driving habits, exposure to contents not of 5their own, or actions that require industry standard training, techniques, and strategies.  

A certain “Standard of Care” is necessary in protecting a motorist’s vehicle and included property during tow, transport, and recovery tasks. The same liability is true 24/7 at the company’s facility, shop, and storage yard. To this point, is your facility properly insured to cover unlikely mishaps that cause damage to stored vehicles?     

Custody 

Is derived when best business practices ensure that vehicles or properties of others are reasonably protected from intentional or accidental damage. This includes harm, theft, or access provided to individuals not directly linked to stored or impounded vehicles while in the tow company’s custody.  

Tow companies are entrusted with providing adequate security in order to prevent a vehicle’s theft or liberation of its property/contents while serving time in custody or that of simple storage. It’s essential tow companies reduce opportunities of theft of property from towed, transported, stored or impounded vehicles by continuing business strategies intended to provide the following controls: 

1. Install a centralized intrusion alarm that covers the entire premises 
2. Provide a 24/7 video surveillance system 
3. Maintain a “key control program,” lock-box or key-board 
4. Require employee training regarding access and release procedures 
5. Implement a “Zero-Tolerance Theft Policy” to prohibit random “shopping by employees” 
6. Store vehicles in secured areas until released  
7. Inventory, report and/or store items of value 
8. Keep facility access gates and portals closed to all non-employee personnel 

Control 

Tow companies and their employees have direct responsibility to protect vehicles or properties of others by controlling accessibility or actions of persons not the owner/agent while vehicles and property is in the company’s safekeeping.  

“Control” is maintained by ensuring vehicles and properties remain safe within secured storage, including acceptable (employee) actions necessary to protect against accidental or intentional damage and theft.  

A company shall not allow unauthorized access or release of vehicles or properties to individuals other than those authorized by law enforcement, completed investigation, a valid court order, or documents necessary for release are obtained from the vehicle’s rightful (registered) owners or agents.   

I Didn’t Do It 

What happens when someone claims "My car wasn’t like that until you guys towed it.” It seems most claims are fictitious and revengeful moves to get back at the tow company, generally filed in attempts to recoup monies paid to bail vehicles out.  

Most contracts require companies to accept damage or theft claims filed by vehicle owners or agents. While there’s small certainty a vehicle was damaged in process of load and go, companies may be required to make repairs or “cut a check” for reasonable costs. When claims are made, savvy tow management invites the customer back to file a written complaint. Why? 

The company’s complaint form should include a “Perjury Statement,” noting “False claims will be prosecuted.” It’s surprising how many go away when claimant’s note they could be prosecuted for perjury. 

A company’s best evidence is tower’s taking plenty of photos that capture “pre-tow damages.” Also include a careful, “plain sight inventory” of the vehicle’s condition and its contents (both inside and out).  

Tow operators are tasked with making sure what they see is noted on the officer’s impound report before taking custody of a vehicle. Remember, documentation is key to fighting false claims.  

Whatever your processes are in providing Care, Custody and Control, be sure your facility is properly insured to cover unlikely mishaps including fire, theft, vandalism, or extensive damage caused to stored vehicles. If you’re not sure your policy includes Garage Keeper’s Insurance, give your insurance agent a call.  

Operations Editor  Randall C. Resch is a retired California police officer and veteran tow business owner. As consultant and trainer, he authored and teaches a tow truck operator safety course approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 26-years, he has contributed more than 700-safety focused articles for American Towman Magazine and TowIndustryWeek.com. 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. 

OSHA and the Towing Industry 

By Brian J. Riker 

Does OSHA (Occupational Safety and Health Act) regulate the towing industry? This has been debated for as long as I can recall, and the short answer is YES. Since at least January 2002 there has been an industry classification code specifically for the towing industry, and it has never been on the exempted industries list. Towing industry regulation prior to 2002 was lumped into either general transportation or service stations. For reference the current NAICS Code is 488410. 

Now before you panic, OSHA is a complicated but predictable agency, and you may have some protection from random inspections and enforcement if your state has their own occupational safety and health agency. 

Ultimately all industries must comply with at least the basic principles of OSHA which makes it an employer’s duty to provide a workplace free from recognized hazards. This is known as the General Duty Clause. Our industry is complicated — while OSHA clearly regulates all activities at a fixed place of business — they do not have jurisdiction over activities that are regulated by another Federal Agency such as the Department of Transportation. Meaning, if your towing company engages in interstate commerce, and is therefore subject to US Department of Transportation regulation, you may have two or more agencies with overlapping areas of responsibility regarding employee health and safety to be mindful of compliance with. 

Still not sure about OSHA regulations and the towing industry. A cursory search of OSHA records since 2002 returns hundreds of inspection details with many that involve struck by type accidents mostly occurring alongside public roadways. These inspections resulted in enforcement actions against towing companies with fines ranging from a few hundred to over twelve thousand dollars. These inspections have occurred all across the country, including in some states that have notably strong state run OSHA programs like California. 

No state is excluded from OSHA enforcement, nor is any employer, even the self-employed and family only operations. 

It is important to note that OSHA has a very wide jurisdiction and often gathers tips to begin investigations from multiple sources including news outlets, social media and reports from current or former employees that may be disgruntled. This is important to consider when posting pictures of jobs online or bragging about abusing your equipment, especially if a failure were to result later, as you may have just given the investigator the evidence needed to condemn yourself. 

OSHA has been known to show up at the scene of a large crash because an investigator happened to see it on the news or was in the area, and yes they can just show up unannounced although this is rather unusual and you do have protections against immediate inspection and enforcement unless they witness something that is an immediate hazard to life - then they can shut down a job on the spot with a stop work order. 

Please do not confuse the under 10 employee threshold for posting injury reports with the fact that OSHA applies to your operation. Additionally, this threshold does not apply if there is a serious injury resulting in hospitalization, loss of an appendage, eyesight or death. Any accident resulting in any of those conditions must be immediately reported to the nearest OSHA office for investigation. Further, should you be a large employer with 250 or more employees there is also an electronic reporting requirement. 

An Alternative Dolly Plan     

By Randall C. Resch      

We know there’s nothing “routine” in the towing and recovery industry. Any tower worth their salt knows how to think outside the box, but there are some industry related situations bound to test any tower’s mettle.  

Let’s focus on a rare occurrence that hardly ever happens, but one where a solution must be found one way or another. How do you tow an extra-long, extra wide boat trailer that doesn’t roll because one side has a rotted tire or a bearing is blown out?    

A west coast tow company received a police call requesting they impound a dilapidated, twenty-two foot, double-axle, Nacra Cat boat trailer. Typical to boat marinas across the US, this trailer’s owner likely abandoned the trailer leaving it to rot in the marina’s parking lot. In typical police call dispatch instructions, the impounding officer never mentioned to their dispatch the condition of the trailer being towed.  

You know the drill. On arrival, there it sits, rusted in place, lame from a melted wheel bearing and a rotted, left side flat tire. And typical to most trailers exposed to a lifetime of saltwater exposure, the lugs were crusted solid making a tire swap impossible. Because the trailer was empty, its weight wasn’t the issue; however, the trailer’s extra width created a problem.  

One Fat Cat 

If ya’ know sailboats, Nacra Cats and Prindle sailboats have extra wide, banana shaped twin hulls, a tall, twenty-six-foot mast, and a trampoline like net centered between the hulls.  

As with all sailboats loaded on trailers, keeping rudders from dragging and an overlength mast (with rigging) secured for travel are always problematic. Unloaded trailers are a different story. 

Because Nacra and Prindle Cat trailers vary in outside-to-outside axle widths, depending on the trailer, a dilapidated, over width boat trailer likely won’t fit atop a standard set of 84-inch-wide tow truck dollies with cross bars spread to their max. Different types of boat trailers have low-edged fenders, accessory pods, spare tire mounts, even wider than usual tire sizes. When a carrier isn’t available, now what?   

A head scratcher for sure. Most newbie towers won’t have enough experience (or creativity) to figure-out an option to tow the trailer. At the same time, towers might be markedly apprehensive in admitting to the impounding officer they don’t know how to tow it. That’s not something they want to hear.  

Get Creative  

In situations like these, dollies are a tower’s best friend, but not in the usual manner. When a carrier isn’t available, consider this alternative dolly plan that’s worked for me several times, especially when extra wide sailboat trailers have flat tires, missing tires, or worse yet, seized wheel bearings. Consider eight easy steps for single or double axles:   

     --For safety purposes, chock the trailer’s tires  
     --Attach the trailer to the wheel-lift’s ball hitch and secure safety chains as required by law  
     --Position dolly racks (wheels) under the rearward axle  
     --Drop the crossbar’s outward ends into dolly receivers, spread to the tire’s width (tighter for flat tires) if there’s a boat atop the trailer. For additional height, keep crossbar ends “tight” toward center   
     --With dolly bars in-place (in the dolly’s receivers), pull loose bar ends together at the center of the trailer’s cross axle. A combination of chain and several, one-inch motorcycle straps, work great for this step in keeping axle ends together at the centered location  
     --To be in-compliance with vehicle code laws, add tie down straps to the dolly carriage to the trailer’s frame to ensure safe towing.  
     --Add necessary straps and rope (where needed) to secure boat to the trailer or prevent parts from flying. 
     --Install extension lights.  

When towing under these circumstances, stay off the highway; use side roads because rotting and rusted wheel bearings shouldn’t be trusted. 

This technique isn’t one found in dolly manufacturer’s use manuals. It’s not to be used for travel trailers, heavier loaded trailers, or construction trailers with load. This “last resort technique” provides towers an “outside the box solution to problematic boat trailers.  

As in any tow and recovery technique, it’s highly recommended that towers practice this process at their facility before attempting its use.    

Operations Editor Randall C. Resch is a retired California police officer and veteran tow business owner. As consultant and trainer, he authored and teaches a tow truck operator safety course approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 25-years, he has contributed more than 625-safety focused articles for American Towman Magazine and TowIndustryWeek.com. 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 

Back to School Reminders

Brian J Riker

Amazingly this year has seemed to fly by and it is already September. It is now time for all things pumpkin, cooler nights, and for many of us spectacular views of red, yellow and orange as the leaves change colors.

There is also another display of red and yellow that is coming into season, the school bus. Across the country kids have begun to return to school and I can’t stress enough that drivers must be extra cautious this fall.

I expect many school bus routes to be reworked, times changed and even alternate routes throughout the day as districts across the country attempt to manage budget and labor shortages. Expect the unexpected this year and do not think the road ahead will be clear because of the previous year’s bus schedule!

In addition to my towing career I am also a former school bus driver. Bus driving was challenging to say the least. Attempting to control children of various ages while piloting a 30,000 pound vehicle down the highway safely is difficult enough. Bus drivers should not have to worry about the motoring public disobeying their signal lights or rear-ending their bus while stopped.

School bus stopping laws vary across the nation so I will not go into specifics in this column. I only want to remind you to be aware of the potential for a stopped bus around every corner -especially during the early morning and late afternoon time frame. Some areas may also have half-day kindergarten so be on the lookout for school buses around lunch as well.

If in doubt, stop!

It is unsafe and usually illegal to overtake (pass) a stopped school bus from the rear, and never advisable to pass a stopped school bus on the right. This is where their passengers enter and exit. In many states you are also required to stop for a school bus displaying flashing red lights when approaching from the opposite direction unless there is a non-mountable curb separating the traffic lanes. Take the time to learn the rules in the states you travel in.

Be particularly aware near school zones, parks, fields and other places children gather. For the first few weeks after returning to school students are still adjusting to the new schedule, maybe a new building or classmates and are more absentminded than usual. This leads to unpredictable behaviors and the tendency to dart into traffic increases in the afternoons when they are fooling around to release the pent-up energy from spending the day in a classroom.

If you do not already do so, now is the time to implement a mandatory “circle check” each time you prepare to move a vehicle -even in your own yard. Children are fascinated by trucks and machinery of all shapes and sizes and can get into some incredible places.

You may wonder why every time a utility truck parks somewhere the driver places a traffic cone at the corner of their truck, some even place cones to the front and rear. This is to remind them to complete a 360⁰ circle check of their rig before moving it. This simple yet effective behavior has allowed them to find children hiding in or on the equipment, some even under the truck.

Imagine if you moved your truck with a child under it.

Lastly, with fall comes a change in daylight hours and weather. Adjust your trip planning to account for driving slower during non-daylight hours and the delays caused by school traffic.