Section 16-406. PUBLIC TOWS

 

406.1All public tows will be requested by government officials through DPW in accordance with its published central tow ordering and dispatching procedures. Any towing business to be used by the District government to conduct public tows must be licensed in accordance with these regulations, and must agree to the rules established by DPW under its central tow ordering and dispatching procedures.

 

406.2When a public tow is required, the owner of the vehicle shall be responsible for all charges associated with towing and storing the vehicle, except as may otherwise be provided in this chapter.

 

406.3No public tow shall be conducted in the District of Columbia until DPW has issued a towing control number for that tow, except in the case of an emergency as set forth in § 406.5. After receiving a towing control number from DPW, the tow truck operator shall place the towing control number on the vehicle to be towed in a manner prescribed by DPW. The towing control number shall be used on all documents related to the tow.

 

406.4Before initiating a public tow from private real property, or a public tow at the direction of a government entity, a towing business shall provide the following information to DPW, in a manner prescribed by DPW:

 

(a)The name of the tow truck operator, the name of the towing business and the crane number;

 

(b)The make, model, year, color, license state, and tag number of the vehicle to be towed;

 

(c)The VIN of the vehicle to be towed;

 

(d)The name, address, and phone number of the person requesting the tow, and the governmental authority of the person requesting the tow (e.g., police officer, parking enforcement official, etc.) if the tow is requested by a government entity;

 

(e)The reason for towing the vehicle, including the ticket number and violation cited by the governmental authority, if any;

 

(f)The current location of the vehicle;

 

(g)The nature and location of any damage to the vehicle;

 

(h)The address of the place where the vehicle will be towed; and

 

(i)The address, in the District of Columbia, where the vehicle can be reclaimed.

 

406.5In an emergency, a police officer may direct a tow truck operator to tow a vehicle before the towing business provides all of the information required by § 406.4 In those instances, the information required by § 406.4 shall be furnished and a towing control number obtained as soon thereafter as practicable, but in no event more than two (2) hours after the vehicle has been towed.

 

406.6When a vehicle is involved in an accident, a public tow of the vehicle shall be ordered if necessary in the judgment of the governmental authority at the scene of the accident.

 

406.7No vehicle may be towed from private real property, without the consent of the owner of the vehicle, unless that vehicle has been issued a citation by a police officer or parking enforcement official or at the direction of a police officer in an emergency. Under such circumstances, the owner of the vehicle shall be responsible for all charges associated with towing and storing the vehicle. All public tows from private real property shall be conducted in compliance with the provisions of D.C. Official Code §§ 50-2621 through 50-2624 (2001), which govern the disposition of vehicles left on private property in the District of Columbia.

 

406.8Any loss or damage sustained by a vehicle as the result of a public tow by a towing business shall be the sole and entire responsibility of the towing business and not the Government of the District of Columbia, any department or agency thereof, or any government official who requested the tow. The towing business shall assume all liability for the vehicle and the property inside the vehicle, from the point of hook-up until the vehicle is released to its owner or authorized representative. The towing business shall take all precautions necessary to protect persons or property against injury or damage, and shall provide personnel sufficiently trained and capable to perform tows in accordance with the vehicle manufacturer’s directions for towing a particular vehicle.

 

406.9When an authorized government official directs the towing of a vehicle to a towing service storage lot, the government official shall notify the vehicle owner of record in accordance with DPW procedures, of the tow and storage, the storage location of the vehicle, and all other information required to be given under applicable District law.

 

406.10When a vehicle is towed as a public tow, the government shall notify the vehicle owner of record, in a manner prescribed by DPW, of the tow and storage, the storage location of the vehicle, and all other information required to be given under applicable District law.

 

source

Final Rulemaking published at 52 DCR 522 (January 21, 2005).