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Winter 2015 | Published by the Texas Department of Licensing & Regulation
Locations Needed!
TDLR Tow Truck Round-Ups provide
an easy and convenient way for tow companies to satisfy their bi-annual
inspection requirement. TDLR is currently looking for Round-Up locations in Dallas
& Tarrant Counties. Requirements are minimal, however, the
location needs to be centrally located, with easy access to nearby highways and
the capacity to hold a large number of tow trucks without disrupting nearby
properties, homeowners or businesses.
If you are the owner of a location
that meets these requirements and you are interested in hosting a Round-Up in your area, please contact TDLR Field Operations Representative Morgan
O’Keefe at morgan.okeefe@tdlr.texas.gov.
Thanks, and we'll see you out
there!
Upcoming Tow Truck Round-Ups
TDLR is finalizing plans for the next Round-Up set to take place in the Houston area. The exact date and location is still being finalized, but we are anticipating that it will be around April - so stay tuned!
December Tow Truck Round-Up in Killeen
Thank you to the Moose Lodge in Killeen for extending the use of their location for our December Round-Up. Twenty-two tow companies took advantage of this quick and convenient opportunity to fulfill their required bi-annual inspection.
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The 84th Texas Legislature convened on Tuesday, January 13th for its 140-day Regular Session. TDLR staff will be tracking all bills that, if enacted, would impact the towing industry. That includes the following bills related to TDLR's Tow, Booting, and VSF Program:
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HB 383 by McClendon - Relating to unprotected road users, including tow truck operators.
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HB 533 by Ashby - Relating to the impoundment of a motor vehicle operated without financial responsibility and involved in an accident or traffic violation.
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HB 804 by Geren - Relating to the forms of payment that the operator of a vehicle storage facility must accept.
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HB 1130 by Sheets - Relating to the removal of a disabled vehicle from a roadway or right-of-way.
For a complete and updated list of all bills TDLR is tracking, visit the 84th Legislature Information page on the TDLR website. The list is updated weekly.
You may wish to share your opinion regarding pending
legislation to your elected members of the Texas Senate and of the Texas House
of Representatives. You can identify those officials and their contact
information using the Who
Represents Me? page on the Texas Legislature Online website.
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Meet one TDLR’s newest inspectors, Jack Phillips! Jack started with us on December 1, 2014, coming to us from Texas Attorney General’s Office where he worked as a Regional Field Investigator for many years.
Jack is a proud dad of 2 young men ages 16 and 20. He enjoys riding motorcycles and sports. Jack’s territory ranges from Nacogdoches north to the Red River and east to Arkansas and Louisiana borders, so if you hail from Northeast Texas you’ll most likely see him around.
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Our inspectors and licensing staff have been hard at work! For the first quarter of Fiscal Year 2015
(September – November 2014):
TDLR inspections conducted:
- 301 Tow Companies
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366 Tow Trucks
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114
Vehicle Storage Facilities
TDLR licenses issued (new & renewal):
- 2,093 Tow Companies
- 3,291 Tow Trucks
- 823 Vehicle Storage Facilities
The Towing, Storage and Booting Advisory Board met on Tuesday, February 10, 2015 at TDLR's North Campus in Austin. The board heard comments from the public on proposed amendments to the Vehicle Storage Facilities program rules which would establish a maximum fee for the remediation, recovery, capture, and disposal of environmental or biological hazards, commonly known as an "environmental hazard fee." The proposal sets the maximum fee at $2.50 per vehicle. The board voted 8-0 to approve the amendments, which now go to the Texas Commission of Licensing and Regulation for approval or other action.
This proposal will be placed on the agenda at the next meeting of the Commission on Wednesday, March 4, 2015 at TDLR's North Campus. The Commission will take public comment on this and all other items placed on the agenda.
One of the most frequently asked questions we get at TDLR is "What are the requirements for VSF notifications?" To help answer that, our Compliance folks put together some clear explanations, including a checklist and a timeline chart (see below). If you can't find an answer to your question below, please contact us at CStowing@tdlr.texas.gov or call 800-803-9202.
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A
VSF is responsible for sending two notices to the
vehicle owner and lienholders, and a notice of abandonment to a law enforcement agency
with jurisdiction over the area where the vehicle was towed.
First Notifications (85.703)
A VSF sends notices to the registered
vehicle owner, and primary lienholder. Notification is made in the form of a registered letter, return receipt requested, registered or electronic certified mail, and must be correctly addressed with proper postage.
Notifications cannot be sent during the first 24 hours the vehicle is on the
lot. Notifications must be sent by the 5th day the vehicle is on the lot (determined by postmark).
Notification of
Abandonment to Law Enforcement (85.704(a)
After a vehicle is on your lot
for 10 days after you send the first notice, the vehicle is considered
abandoned. Law enforcement is then able to take possession of the vehicle under 683 of the Transportation code.
You need to send a notice of
abandonment to law enforcement under 683 of the Texas Transportation Code. There is no specific information on what the notice has to contain, or delivery method.
Along with the notice, send a $10
fee to the agency you are making the report to. If the agency does not take
the money, that's OK - you have met the requirements.
Second Notice to
owner and lienholder (85.704)
This notice is sent 15 days after first notice to the
registered owner and primary lienholder. The notice must contain all the information in the first notice to registered owner and primary lienholder and a statement to the effect of:
If the vehicle is not claimed 30 days after the date this notice is sent, this vehicle storage facility has the right to dispose of the vehicle. Additionally , failure to claim the vehicle is a waiver of all right, title, or interest in the vehicle and personal property and a consent to sell the vehicle at a public sale.
Make sure your first notification
letters contain ALL of the following information:
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The full licensed name of the VSF where the motor vehicle is located;
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The VSF street address;
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The VSF telephone number;
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The hours
the vehicle can be released to the vehicle owner;
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The daily
storage rate;
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The type
and amount of all other charges assessed;
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The
statement, "Total storage charges cannot be computed until vehicle is
claimed. The storage charge will accrue daily until vehicle is released";
- The first date for which a storage fee is assessed;
- The date the vehicle will be transferred from the VSF (if it is going to be transferred);
- The address to which the vehicle will be transferred if the operator will be transferring a vehicle to a second lot because the vehicle has not been claimed within a certain time;
- The date the vehicle was accepted for storage;
- The location from where it was towed;
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Date the vehicle was towed;
- Name of the person who towed the vehicle;
- The VSF license number preceded by the words "Texas Department of Licensing and Regulation Vehicle Storage Facility License Number" or "TDLR VSF Lic. No.";
- A notice of the towed vehicle owner's right under Texas Occupations Code, Chapter 2308, to challenge the legality of the tow involved; and
- The name, mailing address, and toll-free telephone number of TDLR for purposes of directing questions or complaints.
The
second notice should have all of the above information and this statement:
"If the vehicle is not claimed 30
days after the date this notice is sent, this vehicle storage facility has the
right to dispose of the vehicle.
Additionally, failure to claim the vehicle is a waiver of all right,
title, or interest in the vehicle and personal property and a consent to sell
the vehicle at a public sale."
Day 1: First 24 hours do not send notice.
Days 2-5: Send first notice to registered owner and primary lienholder during this time frame.
Days 6-11: Nothing can be done.
Days 12-15: 10 days after you sent the first notice, send notification of abandonment to law enforcement.
Example: If first letter went out on day 3 send this notice on day 13.
Day 16: Nothing can be done.
Days 17-20: 15 days after first notice send second notice to registered owner and primary lienholder.
Example: If first notice went out on day four send this notice on day 19.
30 days after this notice you may sell the vehicle.
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Renew your Tow/VSF company license or reset your password using our online TOOLS system.
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Apply for or renew your tow operator, booting operator, VSF employee, or dual tow operator/VSF employee license using our online licensing services.
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Email CStowing@tdlr.texas.gov to get answers to your questions within 24 hours from our licensing and compliance staff .
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Got a question or comment for The Hook-Up? An idea for an article or feature? Email it to thehookup@tdlr.texas.gov
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