W. Va. Code R. § 150-9-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-9-6 - Rules and Regulations Applicable To Wrecker Companies

6.1. Prohibition of for-hire third-party towing by unauthorized wrecker company. - No wrecker company, other than an authorized wrecker company, shall transport motor vehicles for hire, by wrecker truck.

6.2. Authorization and printed invoice required for third-party tow; necessary information; period for retention of records.

6.2.1. No wrecker company, other than an authorized wrecker company, may charge for wrecker service, or for services incidental to wrecker service, with respect to a third-party tow.

6.2.2. A wrecker company must describe all charges for wrecker service, or for services incidental to wrecker service, with respect to a third-party tow, on a printed invoice substantially similar to P.S.C. W.Va. M.C. FORM No. 65 and containing each of the categories of information required by Rule 6.2.5.

6.2.3. The wrecker company shall send a copy of the invoice for wrecker service containing information required by Rule 6.2.5., to the registered owner of the towed vehicle, by United States First Class Mail within fifteen (15) days of the date of the tow for vehicles registered in West Virginia and within thirty (30) days of the date of the tow for vehicles registered outside of West Virginia. In either event, the wrecker company shall mail the information within twenty-four (24) hours of receiving identification of the registered owner. The wrecker company shall provide the original invoice to the individual who makes payment for wrecker service, and shall provide a copy of the invoice on request and at no charge to the owner, operator, or insurer of the towed vehicle.

6.2.4. The wrecker company shall retain a copy of each invoice for wrecker service with respect to a third-party tow for a period of at least three (3) years after the last date of service by the wrecker company with respect to that third-party tow.

6.2.5. The wrecker company shall include the following information on every invoice with respect to third-party tows:

6.2.5.a. the name, trade name, if any, address, and telephone number of the wrecker company, including the address and telephone number of the storage facility if it is in a separate location from the wrecker company main office;

6.2.5.b. the date and time that the request for wrecker service was received;

6.2.5.c. the name and address and/or telephone number, of the individual who requested the wrecker service; or, if the request for service came from emergency personnel or an E911 dispatcher, a means of identifying the requesting entity;

6.2.5.d. the license plate number and brief description of the wrecker vehicle used to perform the tow that will allow identification of the wrecker vehicle sufficient for determining the applicable tariff rate and the date, time, and place of departure of each such wrecker vehicle;

6.2.5.e. the original location of the vehicle requiring the third-party tow;

6.2.5.f. the place to which the towed vehicle was transported and the date and time of arrival;

6.2.5.g. the date and time that the wrecker vehicle returned to the base of operations or was dispatched pursuant to the next call, whichever came first;

6.2.5.h. identifying information regarding the towed vehicle, including a general description of the vehicle, the make, model and license plate state and license plate number of the towed vehicle, and the Vehicle Identification Number, to the extent such information is available;

6.2.5.i. an itemization of the charges for towing (including a statement of the hourly and per unit tariff rates applicable to the tow), storage time (including the daily fee for storage), and any other service rendered pursuant to the wrecker company's tariff, attaching extra pages to the invoice if necessary;

6.2.5.j. a schedule including the Commission-approved rates and charges in the wrecker company's tariff on file with respect to third-party tows (which schedule may appear on a subsequent page or pages, or back of a page, if referenced on the front page in bold letters), or a statement that a copy of the tariff is available on request;

6.2.5.j.1. die following words which must appear on the front of the invoice in bold capital letters:

"The rates and charges for third-party tow wrecker service, and for services incidental thereto, are regulated by the Public Service Commission of West Virginia. If you feel that you have been charged unfairly, you may complain to that agency at the following address: Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV 25323."

6.2.5.k. a statement that the equipment used for the tow was necessary and asserting that the application of die rates is correct, signed by die owner of the wrecker company or by an authorized employee;

6.2.5.l. the address, telephone number and days and hours of operation of die storage facility from which the towed vehicle may be retrieved; and,

6.2.5.m. a statement that die registered owner of the towed vehicle or the designee of the registered owner may have access to the vehicle during normal business hours at no charge, for the purpose of retrieving personal property that is not attached to die vehicle, unless law enforcement has placed a hold on the vehicle. Retrieval allowed by this rule docs not apply to cargo hauled by a commercial vehicle, either truck or trailer.

6.3. Prohibition on charging for use of vehicle of unnecessary capacity. - In no case shall the charge for a wrecker vehicle used in a third-party tow be greater than the charge for a wrecker vehicle of the capacity needed to perform the service.

6.4. Storage charge. - A wrecker shall not charge for storage service incidental to a third-party tow, unless die wrecker company has complied with Rule 6.9. and has, prior to die storage of the vehicle in question, filed with the Commission the lawful rates and charges for such service. Charges for "inside storage" with respect to a third-party tow shall be assessed pursuant to the wrecker company's tariff and shall be assessed only if the towed vehicle has been stored inside a roofed building. For third-party tows, all other storage shall be considered "outside storage". All inside storage and all outside storage shall comply with the provisions of Rule 6.9.

6.5. Revolving light and designation of employment.

6.5.1. Every wrecker vehicle used by a wrecker company must be equipped with a revolving or strobe flashing lighted lamp visible under normal atmospheric conditions from a distance of five-hundred (500) feet. The lamp must be situated on top of the cab or other position, where it can be seen by those approaching the wrecker vehicle from any direction. (NOTE: Before installing the lamp required by this rule, die carrier must obtain an Emergency Vehicle Permit as required by Chapter 17C, Code of West Virginia, and Administrative Regulations promulgated thereunder by the West Virginia Division of Motor Vehicles. West Virginia law also designates die color of the lens for an emergency vehicle light.)

6.5.2. Identification for employees. Every employee whose duties regularly require interaction with third-party tow customers shall wear a distinguishing uniform or insignia identifying the person as an employee of the wrecker company, or shall carry a photo identification card identifying the person as an employee of the wrecker company. The identification card shall contain die telephone number of the wrecker company as well as other pertinent information necessary to identify the employee.

6.6. Highway cleanup. - Every wrecker vehicle used by a wrecker company must carry a broom and shovel and the driver of and/or helper on the wrecker vehicle shall, when servicing a wreck leaving debris upon the highway, clean up and remove that debris upon die highway that can be removed by a broom and shovel.

6.7. Special equipment. - Every wrecker vehicle used by a wrecker company shall be equipped with die following:

(a) fire axe, or single-bitted axe and crowbar;

(b) first-aid kit complying with Title 49 CFR §393.96(c) as amended;

(c) fire extinguisher (charged);

(d) chock blocks;

(e) safety flares; and

(f) safety triangles.

6.8. Type of wrecker equipment. - Every wrecker vehicle operated by a wrecker company shall meet the following specifications.

6.8.1. One ton wrecker vehicle.

6.8.1.a. A truck chassis with a manufacturer's rated capacity of at least ten thousand (10,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete commercially manufactured crane and winch having a manufacturer's capacity rating of at least four (4) tons.

6.8.1.b. At least 100 feet (with a tolerance of twenty-five percent (25%)) of 3/8" diameter cable attached to the wrecker winch.

6.8.1.c. A tow sling which must be commercially manufactured and designed to prevent damage to vehicle. Electric or hand crank winches do not satisfy the requirements of Rule 6.8.

6.8.2. Two (2) ton wrecker vehicle.

6.8.2.a. A truck chassis with a manufacturer's rated capacity of at least fifteen thousand (15,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete commercially manufactured crane and twin winch having a manufacturer's capacity rating of at least ten (10) tons.

6.8.2.b. At least 100 feet (with a tolerance of twenty-five percent [25%]) of 7/16" diameter cable attached to each wrecker winch.

6.8.2.c. A tow sling which must be commercially manufactured and designed to prevent damage to vehicle.

6.8.3. Three (3) ton wrecker vehicle.

6.8.3.a. A truck chassis with a manufacturer's rated capacity of at least twenty-four thousand (24,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete commercially manufactured crane and twin winch having a manufacturer's capacity rating of at least twenty (20) tons.

6.8.3.b. At least 200 feet (with a tolerance of twenty-five percent [25%]) of cable, on each winch, at least 9/16" in diameter.

6.8.3.c. Airbases designed to lock the rear wheels automatically upon failure, and to supply air to disabled vehicles.

6.8.3.d. A tow sling which must be commercially manufactured and designed to prevent damage to vehicle.

6.8.4. Rollback wrecker vehicle (light).

6.8.4.a. A truck chassis with a manufacturer's rated capacity of at least ten thousand (10,000) pounds, gross vehicle weight with 102" CA dimension. Mounted on the chassis must be a complete commercially manufactured hydraulic operated slide back carrier with a manufacturer's capacity rating of at least four (4) tons and a minimum length of 17 feet.

6.8.4.b. One (1) hydraulic winch of not less than four (4) tons capacity.

6.8.4.c. A minimum of 30 feet of 3/8" diameter cable.

6.8.5. Rollback wrecker vehicle (heavy).

6.8.5.a. A truck chassis with a manufacturer's rated capacity of at least fifteen thousand (15,000) pounds, gross vehicle weight with 102" CA dimension. Mounted on the chassis must be a complete commercially manufactured hydraulic operated slide back carrier with a manufacturer's rating of at least six (6) tons and a minimum length of 18 feet.

6.8.5.b. Fifty (50) feet of 3/8" diameter cable.

6.9. Storage facilities for motor vehicles transported in third-party tows by wrecker companies.

6.9.1. Any authorization by the Commission of a wrecker company to transport motor vehicles for hire shall in no way diminish the wrecker company's responsibility to store its towed vehicles in accordance with Chapter 17, Article 23, of the W. Va. Code, and all lawful rules and regulations promulgated pursuant thereto. The fact that the Commission retains some jurisdiction over the towing of wrecked vehicles shall not in any way diminish the authority of the West Virginia Division of Highways, or of its Commissioner, to regulate any and all storage, be it temporary or permanent, of junked, dismantled, or wrecked motor vehicles, or parts thereof, which have been towed by wrecker companies.

6.9.2. No wrecker company shall store, or deliver to a place of storage, any motor vehicle or part thereof that has been transported thereto pursuant to a third-party tow unless the place of storage is either;

6.9.2.a. a structure fully enclosed by walls and a roof;

6.9.2.b. a salvage yard duly licensed by the Commissioner of Highways, pursuant to W. Va. Code §17-23-3; or

6.9.2.c. a facility completely enclosed by a fence, or other suitable barrier, which is both;

6.9.2.c.1. reasonably capable of preventing the theft of the stored vehicles or parts thereof; and

6.9.2.c.2. at least eight (8) feet in height.

6.9.3. A wrecker company shall not, with respect to a third-party tow, store, or deliver to a place of storage, a motor vehicle, or part thereof, which is junked or dismantled or so wrecked that it is not reasonably capable of being returned to an operable condition, unless the place of storage is either:

6.9.3.a. a structure fully enclosed by walls and a roof;

6.9.3.b. a salvage yard which has been both:

6.9.3.b.1. issued a license by the Commissioner of Highways, pursuant to W. Va. Code §17-13-3; and

6.9.3.b.2. issued a salvage-yard permit by the county planning commission or other appropriate county agency having jurisdiction over the place of storage; or

6.9.3.c. a facility which is operated as a place for the occasional, but temporary, storage of junked, dismantled, or totally wrecked motor vehicles, or parts thereof, in compliance with Rule 6.9.4.

6.9.4. A wrecker company may temporarily store a junked, dismantled, or totally wrecked motor vehicle, or part thereof, in a facility owned by that operator if:

6.9.4.a. the facility is completely enclosed by a fence, or other suitable barrier, which is both:

6.9.4.a.1. reasonably capable of preventing the theft of the stored vehicle or part thereof; and

6.9.4.a.2. at least eight (8) feet in height;

6.9.4.b. that vehicle, or part thereof, is both:

6.9.4.b.1. stored at least twenty (20) feet from the paved section of the nearest street, road, or highway; and

6.9.4.b.2. completely secluded from view from any and all nearby points off the premises, or completely covered by some form of opaque material; and

6.9.4.c. no more than three (3) such vehicles are stored at the same time at the same facility.

6.9.5. For the first thirty (30) days during which a wrecked vehicle is stored, the burden of demonstrating that the vehicle is not reasonably capable of being returned to an operable condition shall be upon the Commission or its employees. When that initial thirty-day storage period has passed, the burden of proof shall shift to the wrecker company, which must then:

6.9.5.a. demonstrate that the vehicle is reasonably capable of being returned to an operable condition; or

6.9.5.b. ensure that the vehicle is stored at one of the places of storage described in Rule 6.9.3. of this section.

6.9.6. The wrecker company shall allow the registered owner of the towed vehicle, or the designee of the registered owner, access to the vehicle during normal business hours, at no charge, for the purpose of retrieving personal property that is not attached to the vehicle; provided, that access to the vehicle will not be permitted if law enforcement has placed a hold on the vehicle. Personal property retrieved pursuant to this rule docs not include cargo contained in a commercial vehicle.

6.10. Prohibition on temporarily leaving or parking towed vehicles next to public highway; exception.

6.10.1. Except as provided in Rule 6.10.2., no wrecker company shall, even temporarily, leave or park a towed motor vehicle, or portion thereof, within twenty (20) feet of the nearest section of paved public highway unless the towed motor vehicle, or portion thereof, is separated from the public highway by a fence, guardrail, or other physical barrier that would prevent a motor vehicle traveling along the public highway from colliding with the parked towed vehicle, or portion thereof.

6.10.2. The prohibitions in this rule shall not apply to die placement of motor vehicles, or portions thereof, within one-half mile of the scene of an accident or of a traffic blockage involving those motor vehicles. Provided, however, that die wrecker company or companies involved in making such placement shall transport such motor vehicles, or portions thereof, to an appropriate storage facility or other appropriate destination as soon as is practicable after the accident scene has been cleared or the traffic blockage has been eliminated.

6.11. Prohibition on transporting towed vehicle without conspicuous illumination. - In addition to complying with safety rules that have been promulgated by the United States Department of Transportation and incorporated by reference in Rule 4.3, every wrecker company that tows a motor vehicle must ensure that die illumination of the rear part of die towed vehicle is conspicuous and bright enough to alert nearby motorists of the location of the end of die vehicle that is being towed. To accomplish this, the wrecker company shall, where appropriate, use conspicuous reflectors.

6.12. Process for resolution of third-party tow complaints.

6.12.1. A vehicle owner, operator, or insurer, who believes that the charges for a third-party tow or recovery are improper or excessive may file a complaint with the Commission consistent with the Commission Rules of Practice and Procedure, 150 C.S.R. 1.

6.12.2. All third-party tow complaint cases will be immediately referred to the Division of Administrative Law Judges upon filing and in all other respects die case will be processed in the same manner as residential billing dispute cases, as that process may be modified by further Commission Order. The Division of Administrative Law Judges shall have the same powers to resolve a third-party tow complaint as those granted by the Commission for resolution of residential billing complaint cases, and as those powers may be modified by further Commission Order.

6.12.3. The wrecker company shall bear the burden of proof that the application of its approved rates is fair, effective and reasonable and based on the service(s) required. The wrecker company shall file with its response to a complaint a copy of the invoice it provided to the registered owner of the towed vehicle pursuant to Rule 6.2.3.

6.12.4. Failure to include the information required by Rule 6.2.5. on a printed invoice may result in disallowance of some or all charges for wrecker service, which could result in reduction of the charge to the minimum charge for the type of vehicle towed.

6.12.5. In considering whether the application of approved rates by a wrecker company for a third-party tow are fair, effective and reasonable, the Commission shall consider, but shall not be limited to, the following factors:

6.12.5.a. the type and size of wrecker and special equipment needed to recover or tow;

6.12.5.b. total time to complete the recovery or tow;

6.12.5.c. die number of regular and extra employees required to complete the recovery or tow;

6.12.5.d. die location of die vehicle to be recovered or towed;

6.12.5.e. the materials or cargo involved in the recovery or tow;

6.12.5.f. weather conditions; and

6.12.5.g. any other relevant information having a direct effect on the application of approved rates to die recovery, tow and storage of a recovered or towed vehicle.

6.12.6. Refund of charges.

6.12.6.a. A Recommended Decision or Final Order that requires a wrecker company to refund part or all of die charges for wrecker service for a third-party tow must contain appropriate findings of fact and conclusions of law supporting die refund, and must require die wrecker company to make payment within twenty (20) days of the date die decision is final and submit a copy of the check to the Commission within five (5) days thereafter.

6.12.6.b. If die wrecker company does not make payment within the twenty (20) day period described in Rule 6.12.6.a., the complainant or Staff may file a request for issuance of an order suspending the registration held by the wrecker company and directing the Commission's Motor Carrier Division to take the appropriate steps to notify E-911 dispatch centers to remove the wrecker company from lists of responders for third-party tows. If payment is not made within twenty (20) days of filing such request, the Commission shall issue a Final Order granting that relief which shall remain in effect until the wrecker company makes payment or successfully petitions for other relief.

6.12.6.c. If an order as described in Rule 6.12.6.b. has issued, upon the filing by the wrecker operator of a copy of the check used to pay the refund, the Commission will issue a Final Order reinstating the registration held by die wrecker company and directing the Commission's Motor Carrier Division to take the appropriate steps to notify E-911 dispatch centers to include the wrecker company on lists of responders for third-party tows.

6.13. Establishment of Statewide rates for third-party towing services provided by a wrecker company. - The Commission will periodically review maximum statewide wrecker rates for third-party tows, including rates for the use of special equipment in towing and recovery work, to ensure that rates are fair, effective, and reasonable. The Commission's review will occur through a general investigation. The Commission will base its review of maximum statewide wrecker rates primarily on the cost of providing services, which shall include a comparison of reasonable prices in the region for wrecker services associated with recovery or tows. The Commission generally will disapprove hourly and flat rates for the use of ancillary equipment.

6.14. Sunset date. - 6.14.1. The rules contained in Rules 6.12 and 6.13 shall terminate and be of no further force and effect on July 1, 2021, unless reauthorized by the West Virginia Legislature.

W. Va. Code R. § 150-9-6