Published in the ECHO Journal, June 2012
Towing for All the Right Reasons
No one can deny there are good ways to use towing: Someone who is using the parking lot to make drug deals does not like to see the tow trucks; eyesores like stripped and dumped stolen cars can be removed quickly and do not consume valuable parking spaces. Parking problems deteriorate the value and usability of property by creating a nuisance and unnecessarily consuming parking spaces. Whether your property is in a rough neighborhood or in a top of the market area, towing can be an improvement.
In fact, when properties use private property towing to remove vehicles from fire lanes, handicap stalls, abandoned vehicles, and if management utilized parking permits to control the number of vehicles parked on the property, towing becomes a service that accommodates the intended users. And, if neighboring properties used towing services, one can fantasize that drug dealers or car thieves would move to other neighborhoods to philander.
Towing is not a bad thing. There are numerous examples where towing has participated with improved public safety and property values. In the mid 1990’s, on McKee road in San Jose, a several hundred unit complex typically had three security guards on duty, and one guard was armed. Property management ordered nightly towing from fire lanes and assigned parking stalls for several years. Today that property rarely has a vehicle towed; it was eventually remodeled and sold to new owners, and today it is a beautiful home for hundreds of residents. In a commercial strip-center near the old San Jose flea market, security guards regularly logged license plate numbers for vehicles parked over one hour and had them towed. There was never a problem because the public knew they were abusing parking privileges.
The reason people park where they don’t belong is because they can, and they can get away with it! When property management feels sorry for them or fears retaliation, they are making it easy for people to abuse the parking rules. Being firm but fair, with consistent towing polices, is a system that earns respect from intended users of the parking areas who just want an easy place to park, close to their destination. The persons who get off work late at night or do evening shopping would love to depend on having their assigned parking stall empty when they get home. In fact, it is the obligation of the property manager to honor their obligation to provide the contracted parking availability.
Finding a Qualified Tow Company
Finding a qualified tow company is no different from finding any other contracted service provider. The tow company needs to have liability insurance and be willing to include the complex as an “additionally named insured” on its policy. A tow company should be required to carry workers compensation coverage for employees, which can be verified by requesting a copy of their DMV Motor Carriers Permit issued by the DMV for proof of insurance in order to register their commercial tow trucks. Local municipal codes require business licenses and/or permits that can be verified by requesting a copy. Each tow driver should have special private property towing training and he or she should provide a copy of their current CTTA certification (Certified Tow Truck Driver). Some cities require special licensing for private property towing, which can be verified by calling the Tow Liaison of the local police department. In order to insure proper “care and custody” of vehicles, an association manager should do two things: 1) contact the local city for background complaints against the tow company; and 2) inspect the tow yard to insure the vehicles towed are properly secured in the impound yard with acceptable facilities for vehicle owners to claim their vehicle. The manager needs to assess the potential quality of services and determine if the tow company is treating its clients as intended. They may wish to consider the advantages/disadvantages of whether the tow company pays the tow driver by commission vs. hourly wages; this may impact the tow driver’s attitude towards servicing the property manager’s objectives vs. towing simply for income.
The fees charged for private property towing are regulated by the State of California, with local regulatory jurisdiction. If there are questions or concerns about the towing regulations or fees, anyone can request a copy of the “Towing Fees and Access Notice,” which law requires to be made available to the public with up to a $500 fine for failure to meet the intent of this disclosure provision. If there are concerns or problems with a tow or a tow company, the towing receipt is required to have the phone number of the local police jurisdiction on the tag for asking questions or filing a complaint.
Burt Dean is the owner of Rebello’s Towing Service. Previously he owned a management company. He has been an ECHO member for many years.