Class B: 1 st Violation, $500 to $3,000 and/or up to 6-month probated suspension

Transcription

1 Vehicle Towing Penalties and Sanctions Texas Occupations Code, Chapter Texas Administration Code, Chapter 86 Class A: 1 st Violation, Reprimand to $1,000 2 nd Violation, $500 to $2,000 3 rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1- year full suspension Failure of a permit holder to keep a cab card in the cab of each permitted tow truck (c), (c) Failure of a permit holder to have required information displayed on each permitted tow truck (a), (a) Failure of a permit holder to display required information in the proper size and color contrast and have it permanently and conspicuously affixed to both sides of the truck (b), (b) Failure of a permit holder to file evidence of insurance with the Department (c) Failure of a permit holder to keep evidence of insurance in a form approved by the Department in the cab of each permitted tow truck (d) Failure of a permit holder to ensure that the insurance information on the certificate of insurance and on file with the Department reflects the correct name and address of the permit holder (c) Certificate of insurance failed to contain a provision obligating the insurer to give the Department thirty days notice before the effective date of a policy cancellation date (d)(3) Permit holder submitted a nonconsent towing fee schedule that was not on the required paper size or in the required color and font (a) Permit holder submitted a nonconsent towing fee schedule that did not contain the required information (a) Permit holder filed a nonconsent towing fee that was not a complete list of all nonconsent towing fees charged by the towing company (d) Failure to notify the Department of a licensee s or permit holder s name change no later than the effective date of change (a)(1) Failure to notify the Department of a change of a licensee s or permit holder s mailing or physical address no later than the effective date of change (a)(2) Failure to notify the Department of a change in the licensee s drug testing policy within 30 days of the date of change (a)(3) Failure of a permit holder to have all required company information on a tow ticket (e) Failure of a towing operator to carry and openly display the appropriate Departmentissued original towing operator license (d)

2 Class B: 1 st Violation, $500 to $3,000 and/or up to 6-month probated suspension 2 nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension 3 rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension to revocation Performed a nonconsent tow and took the vehicle to a location other than a licensed vehicle storage facility or a location designated by the vehicle owner (a), (a) Charged or collected a fee for a consent tow without the prior written consent of the vehicle owner or operator (c) Failure of a permit holder to file a nonconsent towing fee schedule with the Department before January 31 of each year or when the previous one is outdated (a), (a), Failure of a permit holder to report nonconsent towing fees to the Department within 30 days of a political subdivision commencing regulation of towing fees (b), (b) Failure of a permit holder to report any change in nonconsent towing fees regulated by a political subdivision within 30 days of the change (c), (c) Charged a nonconsent tow fee that is greater than the fee listed on the schedule supplied to the Department (e), (i) Performed a nonconsent tow from a leased right-of-way, an area between a parking facility and a public right-of-way, a public right-of-way, or a public roadway when not authorized , , (c), , (g) Failure of a towing company to give a vehicle owner who paid the cost of the vehicle s removal written notice of the person s rights under Chapter (a) Failure of a towing company to include all required information on a vehicle owner s written notice of rights Failure of a permit holder to ensure the electronic submission of a certificate of insurance when changing a business name or affiliation, or upon request of the Department (a) Failure of a permit holder to file evidence of insurance and the required affidavit with the Department within ten days of a lapse in insurance coverage due to the insolvency of an insurance carrier (f) Failure of a towing company to complete all corrective actions and provide written verification to the Department (a)(2) Requested a vehicle owner sign the tow ticket for a tow initiated by law enforcement (b) Failure to take the towed vehicle to the designated location by the most direct route reasonably available (c) Executed an authorization for repairs at the scene of an accident or included an authorization for repairs on a tow ticket authorized by law enforcement Towed a vehicle to a storage facility that did not have the required postings (d)

3 Towing company contracted for the removal from a parking facility of a vehicle that did not display an unexpired license plate or registration insignia without noting the required tow-authorization information on the tow ticket (h) Failure of a towing company to provide a nonconsent towing fees schedule to a vehicle storage facility to which the towing company delivers vehicles for storage (a) Towing company provided a nonconsent towing fees schedule to a vehicle storage facility which did not match the schedule on file with the Department (b) Towing company collected a nonconsent towing fee for a vehicle stored in a vehicle storage facility which did not have a sign stating Nonconsent tow fees schedules available on request" in one-inch lettering (c) Failure of towing company to make a nonconsent towing fees schedule available to a requestor during normal business hours of the vehicle storage facility (d) Towing company operated on a tow truck on the public roadways of Texas when its license plates did not include the words Tow Truck Failure of towing company to prepare and issue a tow ticket for each nonconsent tow (a) Failure of towing company to give a copy of the tow ticket to the vehicle owner and/or deliver a copy to the vehicle storage facility or agreed-upon place (b) Towing company s tow ticket authorized charges unrelated to towing the vehicle to a designated location (c) Towing company s tow ticket did not itemize each charge and/or characterize the fees using the identical fee structure stated in the on-file fee schedule (d) Tow truck did not carry all required safety equipment (a) Tow truck did not have required boom, winch, or carry mechanism capacity information (c) Tow truck hydraulic lines were not free of leaks or were not in good working condition free of defects (d) Tow truck winch exceeded the capacity of the boom or leaked oil (e) Tow truck cables not as specified by manufacturer or were not in good condition within manufacturer s guidelines (f) Tow truck did not have copy of annual state inspection (g) Tow truck placed in service after May 1, 2008 did not contain all required original manufacturer s warning labels (h) Failure of a towing operator to comply with all requirements of the protective clothing and identification policy (a), (b), (c) Failure of a towing company to maintain at a principal office in Texas all records and information required by the Department (a) Towing company maintained required records at an alternate location other than the principal office prior to approval from the Department (a)(1) Failure to reimburse the Department for necessary travel expenses and per diem for inspections or investigations conducted at an out-of-state facility (a)(2) Failure of a towing company to maintain all books and records the towing company s principal business address for a minimum of two years (b Class C:

4 1 st Violation, $1000 to $5,000 and/or 1-year probated suspension up to revocation 2 nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation 3 rd Violation, $3,500 to $5,000 per day not corrected plus revocation Failure to pay risk-based inspection fee (c), (c) Failure of a towing company owner, manager, or their representative to cooperate with an inspector in the performance of the inspection (d), (d) Tow truck was used for consent towing or nonconsent towing on a public roadway without the appropriate permit , (a), (a), (c), (a), (c), (a), (a), (a), (c), (a), (c) Failure of a permit holder to surrender a cab card when ordered by the Department (d), (e) Failure of a permit holder to keep liability and cargo insurance in the required amount for each tow truck in force at all times (a), (d)(1), (d)(2) Permit holder obtained insurance from an insurer not authorized to do business in Texas (b), (b) Performed towing operations without the appropriate license (1), (a) Operated a towing company without the appropriate license (2), (a) Operated an incident management permitted tow truck without an incident management towing operator s license (a), (a) Operated an private property permitted tow truck without a private property towing operator s license (a), (a) Operated a consent permitted tow truck without a consent towing operator s license (a), (a) Charged or collected an amount greater than allowed for a tow in an area not regulated by a political subdivision , (c) Removed and stored an unauthorized vehicle other than when allowed by law (a), (b), (d), (e) Removed and stored an unauthorized vehicle without possessing the required liability insurance for property damage incurred towing a vehicle (c), (e) Towed a vehicle from a parking facility that did not have the required signage prohibiting unauthorized vehicles (a), (b), (f) Towing company gave something of value to a parking facility owner in connection with the removal of a vehicle from the parking facility (a), (a) Towing company had a direct or indirect monetary interest in a parking facility from which the towing company removes unauthorized vehicles for compensation (b), (b) Performed an nonconsent tow initiated by a peace officer without holding an incident management towing permit (a) Performed a nonconsent tow authorized by a parking facility owner without holding a private property towing permit (a) Performed a consent tow authorized by the vehicle owner without holding a consent towing permit (a)

5 Failure of a towing company owner, manager, or their representative to make available to a Department inspector all records, notices and other documents (d), (b), (e) Failure of towing company to file an original application when there was a change of ownership in the company Failure of towing company to keep a record of every nonconsent tow and the required information for each (j) Failure of a towing operator to allow Department personnel or law enforcement to inspect a permitted tow truck (k) Class D: 1 st Violation, $2,000 to $5000 and/or 6-month to 1-year suspension 2 nd Violation, $3,000 to $5,000 plus 1-year suspension up to revocation 3 rd Violation, Revocation Failure of a towing company to establish a drug testing policy for its towing operators , Failure or refusal to fully cooperate and comply with any term of the towing company s drug testing policy Towing operator or applicant took or was under the influence of a drug not prescribed by a physician (a)(5)(A) Towing operator or applicant engaged in the manufacture, sale, distribution, use, or unauthorized possession of illegal drugs (a)(5)(B) Failure of a towing company to notify the Department of an employee s drug conviction (a)(5)(D) Failure of a towing company to notify the Department within three days of an employee s confirmed positive drug test result (a)(8)(E) Failure of a towing operator to stand down from towing operation duties following a positive drug test result confirmation (a)(11)(B) Class E: 1 st Violation, Revocation 2 nd Violation, Revocation 3 rd Violation, Revocation Failure to comply with previous order of the Commission/Executive Director (2), Obtained a license by fraud or false representation (c)(1) Failure to pay the Department for a dishonored check