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Ten Most Common Code Violations Found in Inspections of Tow Trucks and Vehicle Storage Facilities
Ten Most Common Tow Truck Violations
Ten Most Common Vehicle Storage Facility Violations
Tow Trucks
1. Equipment Violations – 16 Tex. Admin. Code Ch. 86.1000(a). Failure to operate a tow truck that is equipped with each of the following: (1) At least one 10 pound or two 5 pound multiple purpose fire extinguisher(s), in good working condition; (2) Magnetic tow lights, unless wireless, with appropriate cable and cushions to protect a vehicle’s finish; (3) Tow dollies as appropriate; (4) Straps and tie downs as specified by the tow truck manufacturer; (5) Gloves; (6) Wheel chocks; (7) Five gallon trash receptacle; (8) Broom and shovel; (9) Thirty-six inch crow bar; and (10) Triangle reflectors, flares, cones, safety lights or other appropriate safety signals.
2. Tow Ticket – 16 Tex. Admin. Code Ch. 86.709(e). Failure of a towing company to prepare and issue a tow ticket for each non consent tow that it performs.
3. Vehicle Signage – 16 Tex. Admin. Code Ch. 86.701(a). Failure to display on the tow truck the permit holder's name, telephone number, city and state, and the permit number for the truck in letters at least 2 inches high, contrasting with background, and permanently affixed in conspicuous places on both sides of the tow truck.
4. Winch – 16 Tex. Admin. Code Ch. 86.1000(e). The winch exceeds the boom capacity or an oil leak was found.
5. Data Plate – 16 Tex. Admin. Code Ch. 86.1000(c). Failure to display a legible manufacturer’s data plate indicating the capacity of the boom, the winch or the carry mechanism or a document
6. Failure to have proper uniform or proper reflective vest – 16 Tex. Admin. Code Ch. 86.1001(b)&(c).
7. Unlicensed activity – Tex. Occ. Code Ch. 2308.151. Unless a person holds an appropriate license under this subchapter a person may not: perform towing operations; or operate a towing company.
8. Drug Testing of Towing Operators – Tex. Occ. Code Ch. 2308.158 & 16 Tex. Admin. Code Ch. 86.710. Failure of a towing company to establish a drug testing policy for towing operators. Failure of the towing company to adopt the model drug testing policy adopted by the Commission or use another drug testing policy that the Department determines is at least as stringent as the policy adopted by the Commission.
9. Required Filing – Tex. Occ. Code Ch. 2308.206 & Reporting Requirements – 16 Tex. Admin. Code Ch. 86.500. Before January 31 of each year, failure of the towing company to submit to the Department a schedule showing each towing fee the towing company charges or collects for non consent towing.
10. Charging Greater Non Consent Tow Fees – Tex. Occ. Code Ch. 2308.206(e) & 16 Tex. Admin. Code Ch. 86.705(i). Charging a fee for a non consent tow that is greater than the fee listed in the schedule most recently filed with the Department.
Vehicle Storage Facilities
1. Storage Lot Signs – 16 Tex. Admin. Code Ch. 86.1003. Failure to have a sign with all required information.
2. Reasonable Storage Efforts; Impoundment of Stored Vehicles; Impoundment Fees – 16 Tex. Admin. Code Ch. 86.719(c). Collection of impoundment fees without performing required services.
3. Notice of Complaint Procedure – 16 Tex. Admin. Code Ch. 85.707. Failure to provide consumers or document consumers received the Notice of Complaint Procedure.
4. Facilities Fencing Requirements – Security of Vehicles – 16 Tex Admin. Code Ch. 85.1000 (2)(a)&(b). Failure to secure vehicles.
5. Notice to Vehicle Owner or Lien Holder – Tex. Occ. Code Ch. 2303.151 & 16 Tex. Admin. Code Ch. 85.703. Failure to properly notify the vehicle owner or lien holder as required.
6. Facility License Required – Tex. Occ. Code Ch. 2303.101. Operating a vehicle storage facility without the required license.
7. Employee License Required – Tex. Occ. Code Ch. 2303.1015. Working at a vehicle storage facility without the required license.
8. Drug Testing of Employees – Tex. Occ. Code Ch. 2303.160 & 16 Tex. Admin. Code Ch. 85.725. Failure of the license holder to establish a drug testing policy for employees of the vehicle storage facility operated by the license holder. Failure of the license holder to adopt the model drug testing policy adopted by the Commission or use another drug testing policy that the Department determines is at least as stringent as the policy adopted by the Commission.
9. Forms of Payment Accepted – Tex. Occ. Code Ch. 2303.159 & 16 Tex. Admin. Code Ch. 85.711. Failure of the operator of a vehicle storage facility to accept payment by an electronic check, debit card, or credit card for any charge associated with delivery or storage of a vehicle.
10. Vehicle Owner Access – Tex. Occ. Code Ch. 2303.158 & 16 Tex Admin. Code Ch. 85.708. Failure to allow a person claiming to be the owner of a vehicle stored or parked at the facility to have access to the vehicle's glove compartment, console, or other interior storage area if documents necessary to establish the person's identity or ownership of the vehicle are located in the glove compartment, console, or other interior storage area.
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