D.C. Municipal Regulations (Last Updated: September 13, 2017) |
Title 16. CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS |
Chapter 16-4. TOWING SERVICE FOR MOTOR VEHICLES |
Section 16-410. PROHIBITED ACTS
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410.1It shall be unlawful for any person or entity to offer, solicit, or engage in the towing business or to operate a towing service storage lot without holding a valid, current license or endorsement required by these regulations.
410.2It shall be unlawful for any person or entity conducting a towing business, or for any person acting on his/her behalf, to represent falsely, either expressly or by implication, that the towing business represents, or is approved by, any private organization which provides emergency road service for disabled motor vehicles.
410.3In any accident case requiring a report to the police, it shall be unlawful for a tow truck operator to move a vehicle involved in that accident from the position in which the vehicle came to rest after the accident until authorized to do so by a police officer, except in life threatening situations, or to the extent necessary to free person(s) who may be trapped in or by the vehicle.
410.4It shall be unlawful for any person or entity conducting a towing business, or any agent for such person or entity, to require an owner/operator of a motor vehicle involved in an accident or breakdown, to sign an agreement for repair work as a condition to providing towing service for the vehicle.
410.5It shall be unlawful for a tow truck operator to use any public space for the accommodation of a vehicle removed from the scene of an accident or breakdown, except as the use of that public space may be directed by a police officer.
410.6It shall be unlawful for any person or entity conducting a towing business, and for any person acting on his/her behalf, to charge more than one (1) towing fee when the owner/operator of a disabled vehicle requests transport of the vehicle to a repair facility owned or operated by the person or entity conducting the tow.
410.7Tow truck operators shall not tow vehicles to a repair facility unless the owner or the owner's designated representative gives written consent before removal of the vehicle.
410.8It shall be unlawful for any towing business owner or tow truck operator, and any person acting on his/her behalf, to install or maintain in a tow truck or in any other place, a radio receiver capable of being tuned to the MPD radio frequencies.
410.9It shall be unlawful for any tow truck operator to stop at the scene of any accident and furnish any towing service, unless he or she has been called to the scene by the owner/operator of a disabled vehicle or authorized by DPW to provide such service at that accident scene.
410.10It shall be unlawful for a tow truck operator to deposit upon public space a vehicle that is inoperable or in a state of disrepair, except temporarily and for emergency purposes at the direction of a police officer or other authorized official. It shall also be unlawful for a tow truck operator to deposit such vehicles upon private property except with the express permission of the owner of such property.
410.11No towing service provider may refuse to provide to the owner or owner's agent, an itemized receipt for all lawful charges made in connection with the towing and storage of a vehicle.
410.12It shall be unlawful for towing service providers to charge more for public tows than is permitted by the Director.
410.13Prior to payment of fees and release of a vehicle, no towing service provider may refuse the right of physical inspection of the towed vehicle when requested by the owner, an authorized agent of the owner, the lien holder, or the insurer of the vehicle.
410.14No person shall refuse to surrender to DCRA upon lawful demand, any license or endorsement that has been suspended, revoked, or canceled.
410.15Failure to notify the DPW and obtain a towing control number before initiating a public tow in the District of Columbia shall be a violation of these regulations, except as provided in § 406.5.
410.16No towing service provider shall permit any unlawful use of a towing license or endorsement. Any act or omission by a person acting on behalf of a licensed or endorsed towing business, tow truck operator, or towing service storage lot, may be considered the act or omission of the licensed or endorsed person or entity, which act or omission, if in violation of this chapter, shall be cause for denial, suspension or revocation of a license or endorsement.
410.17It shall be unlawful for any tow truck operator to tow any type of vehicle in a manner that is not in accordance with the vehicle manufacturer’s instructions for the vehicle. In addition, it shall be unlawful for any tow company to utilize any tow truck or equipment in a manner that is not in accordance with the tow crane manufacturer’s instructions for towing vehicles.
410.18It shall be unlawful for any towing business or tow truck operator to tow vehicles in the District of Columbia without current insurance coverage in the form of an all-risk or public liability insurance policy of at least $ 750,000.00.
410.19It shall be unlawful for any towing business to refuse to provide a refund to customers within 72 hours of receipt of the Director’s notice of disapproval, when charges described in 408.3 are not approved by the Director.