H 3717 Session 112 (1997-1998)
H 3717 General Bill, By Littlejohn, Davenport, J. Hines, Lanford, Lee, Mack,
McMahand, Neilson, Quinn, F. Smith, E.C. Stoddard, Vaughn, Walker, Whatley,
Wilder and Witherspoon
A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING ARTICLE 49 SO AS TO PROVIDE PROVISIONS REGULATING TOWING AND WRECKER
SERVICE PROVIDERS; AND TO REPEAL SECTION 56-5-2525, RELATING TO A TOWING
COMPANY THAT TOWS A VEHICLE WITHOUT THE OWNER'S KNOWLEDGE.
03/25/97 House Introduced and read first time HJ-20
03/25/97 House Referred to Committee on Labor, Commerce and
Industry HJ-21
A BILL
TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO
PROVIDE PROVISIONS REGULATING TOWING AND
WRECKER SERVICE PROVIDERS; AND TO REPEAL SECTION
56-5-2525, RELATING TO A TOWING COMPANY THAT TOWS
A VEHICLE WITHOUT THE OWNER'S KNOWLEDGE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended by
adding:
"Article 49
Towing and Wrecker Service
Section 56-5-7000. As used in this article:
(1) 'Board' means the South Carolina Board of Towing and
Recovery.
(2) 'Department' means the law enforcement division that
requests the service of a tow truck operator.
(3) 'Tow truck' means a self-propelled motor vehicle truck or
truck tractor designed to be used for the transportation of another
motor vehicle for hire.
(4) 'Private tow truck' means a tow truck or truck tractor that is
not for hire.
(5) 'Tow truck operator or operator' means a person who
operates a tow truck for hire.
(6) 'Local government' means a county, municipality, or other
local board or body that has authority to enact traffic laws.
(7) 'Emergency service vehicles' means emergency service
vehicles of state, county, or municipal governments, or public service
vehicles, tow trucks, or road service trucks, which by the nature of
their operation cause a vehicular traffic hazard.
(8) 'Wrecker service' means a business that operates a tow truck
for hire.
Section 56-5-7005. (A) There is created the South Carolina
Board of Towing and Recovery. The board consists of the following
persons:
(1) a captain or higher ranking member of the South Carolina
State Transportation Police appointed by the Director of the
Department of Public Safety;
(2) a field major of the South Carolina Highway Patrol
appointed by the Director of the Department of Public Safety;
(3) a member of the South Carolina Trucking Association
appointed by the association;
(4) two members of the Board of the South Carolina Towing
and Recovery Association appointed by the association;
(5) three civilian representatives appointed by the Governor;
and
(6) a member of the South Carolina Sheriffs Association
appointed by the Governor.
(B) The members of the board shall serve for terms of six years
and until successors are appointed. Vacancies must be filled in the
manner of the original appointment for the unexpired portion of the
term.
(C) The board shall meet in the State at least three times a year.
The board may meet additionally at the call of the chairman or of
two-thirds of its members.
(D) A simple majority of the members of the board constitutes a
quorum for the transaction of business. The board shall elect a
chairman and a vice-chairman, and shall adopt rules and promulgate
regulations:
(1) governing the towing and vehicle storage industry in South
Carolina;
(2) ensuring that a wrecker service shall not respond to the
scene of a motor vehicle accident or incident without being called by
a law enforcement officer. On occasions when the owner-operator of
a motor vehicle requests the use of a wrecker service, it is the
obligation of the wrecker service to notify the local law enforcement
authorities before responding or removing the vehicle; and
(3) establishing a schedule of maximum fees that may be
charged for towing and storage of vehicles.
(E) The board shall establish the procedure for reviewing the
suspension and termination of a wrecker service from rotation lists
established by the various departments and allow suspensions and
terminations from a department's rotation list to be at the discretion
of the department for which the service is rendered.
(F) The board shall establish a grievance committee consisting of
three members of the board for the purpose of hearing disputes which
must be heard within thirty days from the filing of the grievance. The
chairman shall appoint the three members from the board to hear
disputes.
Section 56-5-7010. (A) A wrecker service which tows away a
motor vehicle without the owner's knowledge and stores it shall
notify immediately the police department of the municipality where
the vehicle was parked or the sheriff's department if the vehicle was
parked outside the limits of a municipal corporation of the location
from which the vehicle was towed, the name of the company which
towed it and the place where it is stored.
(B) A wrecker service failing to give the notice contained in
subsection (A) within one hour of the time the vehicle was towed
away is not entitled to any compensation for the towing and storing
operations. The provisions of this section must be posted in a
conspicuous place in all public areas on the premises of the wrecker
service.
Section 56-5-7015. The following classification standards shall
apply to this article:
(1) Standard tow truck--a tow truck or rollback capable of towing
any two-axle vehicle which does not exceed 15,000 pounds. It must
have a minimum towing equipment manufacturer's rating of 8,000
pounds.
(2) Haz-mat tow truck--a haz-mat tow truck may tow any two-axle
vehicle transporting a hazardous material or waste in a nonemergency
situation, which does not exceed 32,000 pounds. The haz-mat tow
truck operator must possess the proper haz-mat endorsement on his
driver's license, according to the provisions governing commercial
drivers' licenses. The wrecker service is required also to have proper
insurance as covered in Section 56-5-7025.
(3) Heavy duty wrecker--a tow truck capable of towing any two
or more axle vehicle or combination of vehicles which weighs more
than 32,001 pounds. It must have a minimum towing equipment
manufacturer's rating of 40,000 pounds. All heavy duty wreckers
must be equipped with air brakes.
(4) Haz-mat heavy duty tow truck--a haz-mat heavy duty tow
truck may tow any two or more axle vehicle or combination of
vehicles which weighs more than 32,001 pounds transporting
hazardous material or waste in a nonemergency situation. The tow
truck operator must possess the proper haz-mat endorsement on his
driver's license according to provisions governing commercial
drivers' licenses. The wrecker service is required also to have proper
insurance as covered in Section 56-5-7025.
Section 56-5-7020. A wrecker service may tow a vehicle or
combination of vehicles from a roadway in an emergency situation
to a suitable place without being required to have the haz-mat
endorsement or meet federal insurance requirements when this action
is to clear the roadway for normal operations.
Section 56-5-7025. (A) A wrecker service continuously shall
carry and show proof of insurance against loss resulting from liability
imposed by law for bodily injury or death or damage to property
caused by the maintenance or use of a tow truck, or occurring on the
business premises of a wrecker service in an amount not less than:
(1) $300,000 for a standard wrecker;
(2) $750,000 for a heavy duty wrecker;
(3) $25,000 for on hook/cargo insurance light duty; and
(4) $50,000 for on hook/cargo insurance heavy duty.
(B) A wrecker service continuously shall carry insurance to cover
the damage to cargo or other property entrusted to the care of the
wrecker service.
(C) A wrecker service transporting a hazardous substance as
defined in 49CFR 171.8 transported in cargo tanks, portable tanks, or
hoppertype vehicles with capacities in excess of 3,500 water gallons,
or in bulk class A or B explosives, poison gas (Poison A), liquefied
compressed gas or compressed gas, or highway route controlled
quantity radioactive material as defined in 49CFR 173.403 must have
$5,000,000 insurance coverage.
(D) A wrecker service transporting oil listed in 49CFR 172.101 as
hazardous waste, hazardous materials, and hazardous substances
defined in 49 CFR 171.8 and listed in 49CFR 172.101 must carry
$1,000,000 dollars insurance coverage.
Section 56-5-7030. A business requesting to be placed on a
department's rotation list, must be inspected by a representative of
the department. At the completion of the inspection, the inspector
must report his findings to the department's director or his designee
for approval. The director or his designee must issue a letter of
approval or disapproval to the respective wrecker service, stating any
deficiencies. An approval is valid for one year from date of issue,
unless the department has reason to believe reinspection of the
wrecker service is necessary. The inspection ensures that a business:
(1) maintains safe storage consisting of a fenced in area or locked
building where stored vehicles and other property are not accessible
to the public;
(2) is available to the department and the general public on a
twenty-four hour basis;
(3) has someone physically at the business during normal business
hours within the zone or zones established by the department;
(4) has tow trucks equipped with legally authorized lighting in
good working order to protect the motoring public and be equipped
with:
(a) brooms;
(b) shovels;
(c) a container to haul glass and other debris from the highway;
(d) a fire extinguisher with five pound capacity or equivalent
and approved by the United States Department of Transportation and
be ABC rated;
(e) a lamp emitting a flashing or steady red or amber light, or
both red and amber light, mounted on top of the cab of the tow truck
or on the top of the crane or hoist if the light cannot be seen from the
front of the tow truck. The light from the lamp must be visible for a
distance of one thousand feet under normal atmospheric conditions.
A red light may be used only at the scene of an accident;
(f) safety chains that must be used when towing a vehicle;
(g) tie-down chains that must be used on the front and rear of a
vehicle hauled on a rollback; and
(h) tow lights displaying stop, turn, and tail lights on the rear of
a disabled vehicle that must be used during the hours of darkness;
(5) operates trucks that have signs on doors indicating the
company's name, address, and telephone number. The signs must be
painted or affixed permanently to the door and not less than two
inches high in a color which contrasts to that of the wrecker.
Section 56-5-7035. (A) All wrecker services on the rotation list
must have an annual inspection by a member of the department for
which the service is performed. The inspection must be consistent
with the department's rotation wrecker standard.
(B) All towing equipment must have a manufacturer's rating.
(C) All tow trucks must have a valid federal annual inspection.
Section 56-5-7040. (A) Unless the owner or driver of a vehicle
is incapacitated or unavailable, a department officer shall determine
from the owner or driver his preference of wrecker service to be
called. The owner or driver of a vehicle needing tow service shall
have the right to the wrecker service of his choice, if available.
(B) A department employee may not recommend a wrecker service
during the performance of his duties.
(C) Each department shall establish zones for wrecker rotation lists
within their jurisdiction.
(D) To ensure a fairly administered wrecker rotation list, an entry
must be placed beside the next wrecker service on the department's
list, noting either driver or registered owner of vehicle towed or the
reason service is determined unavailable or unacceptable. Wrecker
rotations must be called from the rotation lists in the order in which
they appear on the department's lists.
(E) Separate rotation lists must be maintained for regular, regular
haz-mat, heavy duty, and heavy duty haz-mat vehicles. When no
preference for a wrecker service is desired by the vehicle owner or
driver, the law enforcement officer on the scene shall determine
which class of towing is needed and request the next company on the
rotation list in the class needed to perform the service.
(F) A department employee, with duties that require him to utilize
the rotation system, shall not hold a financial interest or a form of
ownership interest in a wrecker service on his department's rotation
list.
(G) Wrecker operators must be qualified and licensed properly
when operating a wrecker, including a commercial driver's license,
if one is required. Service must be conducted in a proper manner at
all accident scenes and in a proper manner when dealing with the
public.
(H) Operators shall respond in a wrecker of sufficient size to
handle the job requested.
(I) A wrecker service may secure assistance from another wrecker
service when necessary to perform a job, but only one itemized bill
may be submitted to the owner or operator of a vehicle for the work
performed.
(J) When service is requested and a wrecker service is unable to
respond, the requesting department must be notified immediately of
the reason for the unavailability. If a wrecker service is unavailable,
the reason must be listed on the department rotation log, the call is
considered as a rotation, and the next wrecker service must be called.
(K) The wrecker rotation logs must be available for inspection
during normal working hours of the department, excluding holidays.
Copies of the logs must be available at the expense of the requestor.
(L) Wrecker services and operators must be familiar with and shall
comply with the laws regarding solicitation from a highway.
(M) Each wrecker service on a rotation list shall maintain a towing
log. The towing log shall reflect accurately all towing done by the
wrecker service at the request of the department. The wrecker log
format must be designed by the Department of Public Safety. It is the
responsibility of the wrecker service to duplicate the log. A wrecker
log must be available for inspection by the department during normal
working hours.
(N) A wrecker service shall respond only upon the request of the
proper law enforcement authority. A wrecker service that fails to
comply with this provision may be fined:
(1) five hundred dollars and suspended for one year from a
rotation list for a first offense;
(2) one thousand dollars and suspended from a rotation list for
two years for a second offense; or
(3) ten thousand dollars and permanently suspended from a
rotation list.
(O) It is unlawful for a law enforcement officer to recommend a
wrecker or towing service to anyone.
Section 56-5-7045. (A) Any complaints from wrecker services
regarding any incident involving the department's rotation list or its
operation must be received by the department within thirty days of
the alleged incident. If the complaint is not resolved within ten
working days, the wrecker service or the department may appeal to
the board.
(B) Removal or suspension from the department's rotation list for
violation of rules or regulations is the decision of the department
head or his designee.
Section 56-5-7050. Each department shall establish an equitable
rotation system among qualified wrecker services that applies to the
department's needs. The rotation system must be administered by
each department in a manner that gives priority to public safety and
based on the classification of equipment, qualification, and location.
The law enforcement officer at the scene of the wreck shall call and
determine the class of qualified tow truck next on the rotation list if:
(1) a request for a tow truck is not made by the owner or driver of
the vehicle;
(2) the requested tow truck cannot respond in a timely manner; or
(3) the requested tow truck is unable to handle the wrecked or
disabled vehicle.
Section 56-5-7055. A person who renders assistance in an
emergency that is life-threatening to the occupant of a wrecked,
disabled, or abandoned vehicle, or that is creating an immediate
hazard on a public roadway or who renders emergency assistance as
directed by a law enforcement officer or other emergency responder
at the scene of a motor vehicle accident is immune from damages
arising from acts or omissions related to the rendering of assistance
unless the damages are occasioned by the gross negligence or by the
wilful or wanton acts or omissions of the person rendering the
assistance.
Section 56-5-7060. A wrecker service that violates a provision of
this article is subject to suspension or termination from the rotation
system.
Section 56-5-7065. The department shall adopt reasonable
regulations to administer the provisions contained in this article.
Section 56-5-7070. (A) A vehicle may not be parked or left
standing upon the right-of-way of a public highway for a period
longer than forty-eight hours, or upon a city street, or upon state,
county, or city property for a period longer than five days.
(B) The abandonment of a motor vehicle on a public highway, a
city street, public property, or private property creates a prima facie
presumption that the last registered owner of the motor vehicle is
responsible for the abandonment and is liable for the costs incurred
in removing, storing, and disposing of the abandoned vehicle, less the
amount realized if the motor vehicle is sold.
(C) The filing of a verified theft report with a law enforcement
agency before the abandonment relieves the last registered owner of
liability.
Section 56-5-7075. This article does not affect:
(1) motor vehicles used in carrying property consisting of
agricultural commodities, excluding manufactured products of
agricultural commodities, if the motor vehicles are not used in
carrying other property or passengers for compensation;
(2) the operation of school buses that are used in conveying
pupils or other students enrolled in classes to and from district or
other schools or in transportation movements related to school
activities that are sponsored or supervised by school authorities;
(3) the transportation by means of motor vehicles in the regular
course of business of employees, supplies, and materials by a person
or corporation engaged exclusively in the construction or
maintenance of highways or engaged exclusively in logging or
mining operations;
(4) the transportation of newspapers, newspaper supplements,
periodicals, or magazines;
(5) motor vehicles used exclusively in carrying junk vehicles
from a collection point to a motor vehicle wrecking facility or a
motor vehicle graveyard;
(6) ambulances;
(7) the transportation of pit run or processed sand and gravel,
concrete mix, aggregate, plant mix asphalt pavement, aggregate mix,
dirt, rock, material from demolished buildings and structures, used
paving materials, used concrete, broken concrete, riprap, and other
forms and types of materials transported solely for the purpose of
excavation or fill;
(8) the transportation by motor vehicle of not more than fifteen
passengers between their places of residence or terminals near their
residences and their places of employment in a single daily round trip
if the driver is going also to or from the driver's place of
employment;
(9) the transportation of property by motor carrier as part of a
continuous movement if that property, prior or subsequent to part of
a continuous movement, has been or is to be transported by air
carrier;
(10) the operation of a transportation system by a municipality
or transportation district, or municipal bus service;
(11) armored motor vehicles used exclusively for the
transportation of coins, currency, silver bullion, gold bullion, and
other precious metals, precious stones, valuable paintings, and other
items of unusual value requiring special handling and security;
(12) the transportation of a commodity under an agreement
between a motor carrier and an office or agency of the United States
government; or
(13) the transportation of disabled or elderly persons provided by
private, nonprofit organizations. As used in this item:
(a) 'disabled' means an individual who has a physical or
mental impairment that substantially limits one or more major life
activities;
(b) 'elderly' means a person sixty years of age or older; and
(c) 'private, nonprofit organization' means an organization
recognized as nonprofit under Section 501(c) of the Internal Revenue
Code.
Section 56-5-7080. (A) Within seventy-two hours after a vehicle
is removed and held by or at the discretion of the South Carolina
Highway Patrol, the highway patrol shall notify the sheriff of the
county in which the vehicle was located at the time it was taken into
custody and the place where the vehicle is being held. In addition,
the South Carolina Highway Patrol shall furnish the sheriff:
(1) a complete description of the vehicle, including year, make,
model, serial number, and license number if available;
(2) any costs incurred to that date in the removal, storage, and
custody of the vehicle; and
(3) any available information concerning its ownership.
(B) The sheriff or the city police shall make reasonable efforts to
determine the name and address of the owner, lienholder, or person
entitled to possession of the vehicle taken into custody pursuant to
subsection (A). If a name and address are determined, the sheriff or
the city police shall notify the owner and lienholder or person of the
location of the vehicle.
(C) If the vehicle is registered in the office of the department,
notice is considered to have been given when a registered or certified
letter addressed to the registered owner of the vehicle and lienholder,
if either exists, at the last address shown by the records in the office
of the department, return receipt requested, and postage prepaid, is
mailed at least thirty days before the vehicle is sold.
(D) If the identity of the last registered owner cannot be
determined, the registration does not contain an address for the
owner, or it is impossible to determine with reasonable certainty the
identities and addresses of all lienholders, notice by one publication
in one newspaper of general circulation in the county where the
motor vehicle was abandoned is sufficient to meet all requirements
of notice pursuant to this section. The notice of publication may
contain multiple listings of abandoned vehicles.
(E) If the abandoned vehicle is in the possession of a motor vehicle
wrecking facility, the wrecking facility may search the vehicle to
determine the name and address of the owner, lienholder, or person
entitled to possession of the vehicle. The wrecking facility shall
deliver to the sheriff or the city police a certificate describing the
efforts made to determine the name and address of the owner,
lienholder, or person entitled to possession of the vehicle and shall
deliver to the sheriff or the city police proof of the notice given.
(F) A vehicle found by law enforcement officials to be a 'junk
vehicle', having an appraised value of not more than five hundred
dollars determined by the Department of Revenue, must be submitted
directly for disposal upon a release given by the sheriff or the city
police. In the release, the sheriff or the city police shall include a
description of the vehicle, including year, make, model, serial
number, and license number, if available. A release provided by the
sheriff or the city police under this section must be transmitted to the
Department of Public Safety. Vehicles described in this section may
be submitted without notice and without the required holding period."
SECTION 2. Section 56-5-2525 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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