WAC 204-91A-070
Issuance of a letter of appointment. (1) No towing operator shall be called to perform a towing
service at the request of the patrol unless such operator has
a letter of appointment as described in this chapter. No such
letter of appointment will be issued unless all qualifications
set out in this chapter have either been met by the applicant,
or a waiver of those qualifications not met has been granted
by the section.
(2) The section commander shall have the authority to
issue letters of appointment upon request after receiving
certification from the inspector, an application for a letter
of appointment endorsed by the district commander, and notice
from the department that the requestor has been licensed as a
registered tow truck operator.
If the section shall find the requestor does not or will
not meet all requirements and is not qualified for a waiver of
the requirements, then such request shall be denied. The
section shall notify the requestor of its decision in writing,
stating the reasons. If the request is approved, the section
commander will issue the letter of appointment and forward it
to the tow operator. The tow company will be admitted to the
patrol's call list for the appropriate tow zone on the
effective date of the letter.
If the district commander recommends denial of a request
for a letter of appointment, the section commander shall
notify the applicant and provide an opportunity for applicant
to have a hearing as provided in chapter 34.05 RCW.
(3) A letter of appointment will be valid for one
business, in a single tow zone, assigned by the district
commander. Requests for additional letters of appointment in
the same or another zone must be based on a complete and
separate place of business capable of independent operation
within the appropriate zone.
(a) Each business must be operated independently. One
company cannot be dependent upon another for any required
operation.
(b) If an individual, partnership, corporation, or other
business entity owns more than one business, each business
must have a different identifiable name, address, and
telephone number, which are answered at the business location
during normal business hours. There may, however, be a
central dispatch center for multiple companies. At a minimum,
the different identifiable name, city of address (even if
included in the name of the company), registered tow truck
operator license number, and truck number as assigned by the
department, must be located on both sides of the truck. All
required information must be plainly seen and able to be read
at all times. All other required markings must also be
located where they can be plainly seen and able to be read at
all times and be of the size outlined in WAC 308-61-115(1).
Companies must comply by December 31, 2007.
Note:
A different identifiable name may include the parent company name but must also have an additional name to identify
and separate that company. Example: Joe's Towing and Joe's Towing South. Joe's Towing I and Joe's Towing II.
(c) There must be adequate staffing for each company with
personnel present to answer all incoming calls and who are
able to release impounded vehicles during normal business
hours 8:00 a.m. to 5:00 p.m. Monday through Friday excluding
state recognized holidays. Each business shall be staffed by
a sufficient number of drivers for twenty-four hour day
operation.
(d) There must be adequate equipment for each company to
operate independently. Tow trucks must only be used for the
company for which they are registered and within the zone
approved/assigned for use in, unless specifically requested by
law enforcement. All trucks must be clearly marked with the
company's identity as outlined in (b) of this subsection.
(e) Separate businesses in the same tow zone may be
housed in one building; however, there must be a solid wall
from floor to ceiling physically separating each business.
Each business must have its own outside entrance, or when the
building has one main entrance, the offices must have doors
clearly marking and separating each business (not acceptable
to walk in the main door and be hit with a counter or one
office for the multiple tow companies housed in the building),
with a sign at the front door and a sign plainly visible from
the street indicating the company's name, phone number, and
office hours. Companies currently not meeting these standards
will have twelve months from July 1, 2004, to comply.
(f) Each business must maintain their own set of required
records and books as outlined in RCW 46.55.150 including, but
not limited to, a master log, vehicle transaction file, and
billing invoices at its place of business. If there is a
corporate accountant/bookkeeper for more than one company, all
records and/or files for each company, other than those
records, which are required to be maintained at the business
location, must be maintained separately.
(g) Impound/storage areas must meet the requirements of
WAC 308-61-026(2) at all times, including proper segregation.
All registered tow truck operators providing service to
WSP must be in compliance with these requirements. Failure to
comply will result in the cancellation of your letter of
appointment to tow on the patrol's rotational tow list.
(4) A tow operator (or a district commander) may petition
the section in writing for a waiver of one or more
requirements. The section may grant a waiver if it finds
that:
(a) The towing service available to the patrol without
the waiver is inadequate to meet the needs of the public;
(b) The request is otherwise reasonable; and
(c) The request has the district commander's approval.
In the event a qualified tow operator meeting all
requirements and qualifications receives a letter of
appointment in the same zone as a tow operator that had
earlier been granted a waiver, the tow operator with a waiver
will have the letter of appointment rescinded by the section
and after notification will not be called for patrol-initiated
tows.
(5) Every letter of appointment shall be issued in the
name of the applicant and the holder thereof shall not allow
any other person or business to use the letter of appointment.
(6) The letter of appointment will only be valid for the
place of business named on the application and will not apply
to any other place of business.
(7) A letter of appointment shall be valid until
suspended, superseded, or revoked by the section.
(8) The holder of each letter of appointment must
maintain at least one tow truck meeting the minimum class "A,"
"B," or "C" standards as listed in WAC 204-91A-170.
(9) All storage areas, primary and secondary, for each
place of business must be in the tow zone assigned to that
place of business.