Sec. 162-1013. - Equipment requirements/personnel standards.
Tow trucks and operators shall meet all City of New Orleans equipment requirements and personnel standards as follows:
(1) Each towing business shall use a unique name as designated on the state towing license, which shall be clearly distinguishable from the trade name of any other licensee.
(2) No tow truck owner shall operate or permit anyone to operate a tow truck until the following requirements are fulfilled:
a. Tow truck operators shall have valid licenses as required by state and municipal law.
b. Every operator shall be competent by reason of experience or training to safely operate the type of tow truck or tow trucks authorized by the state towing license.
c. Every operator shall possess the knowledge and ability to rig, move, pick up, and transport vehicles without causing or increasing existing damage insofar as possible.
d. Every operator shall be free from impairment of alcoholic beverages, narcotics, or dangerous drugs when operating a towing service or tow truck.
e. No tow truck company or individual shall operate a tow truck without having in his possession proof of current insurance in accordance with state law.
(3) Every owner and operator shall be familiar with the laws, rules, and regulations pertaining to tow trucks.
(4) Drivers are to wear clothing sufficient to identify the towing company and driver.
(5) Any person operating a tow truck will have the necessary experience and qualifications to operate a tow truck in the manner required by this article.
(6) All tow truck drivers will develop, for each vehicle towed or serviced, an itemized statement, bill, or invoice of the towing and storage charges incurred.
(7) Drivers must be 18 years of age or older. Only those duly licensed to drive in the State of Louisiana shall be permitted to drive and operate a tow truck. The class of operator's license must be compatible to the equipment operated.
(8) Tow trucks shall comply with all applicable lighting and equipment requirements in accordance with state law.
(9) All tow trucks, except slide back recovery vehicles while they are transporting a vehicle on their beds, shall be equipped with at least one amber rotating or flashing beacon visible for 360 degrees at a distance of 1,000 feet under normal atmospheric conditions at night. While at the scene of an accident, recovered stolen vehicle, or disabled vehicle, or when actually towing a vehicle, a tow truck operator shall illuminate or cause to be illuminated the amber rotating or flashing beacon.
(10) All tow trucks shall be equipped with the following required equipment:
a. Oil-absorbent material: All tow trucks shall have at least the following: Sand, clean dirt, or a commercial oil and grease absorbent in an amount of at least 1,155 cubic inches or the equivalent of a five-gallon can of material which is carried in a weatherproof container.
b. Electric lantern or flashlight: All tow trucks shall have at all times, in good working condition, a battery powered electric lantern, or two-cell flashlight in lieu of an electric lantern.
c. Fire extinguishers: Each tow truck shall be equipped with either:
1. A fire extinguisher having an Underwriters Laboratories rating of 5 B:C or more; or
2. Two fire extinguishers, each of which has an Underwriters Laboratories rating of 4 B:C or more.
d. Steering wheel clamp: A steering wheel clamp, rope, or its equivalent shall be of sufficient strength to adequately lock the steering mechanism of a towed vehicle in a straightforward position.
e. Tow sling or tow plate:
1. Every tow truck shall be equipped with a tow sling, plate, bar, or equivalent that is structurally adequate for any weight drawn. Slings or plates shall be properly and securely mounted on the tow truck without excessive slack.
2. The tow plates, slings, and tow-bars shall be securely attached to the towed vehicle by means of chains, hooks, straps, or equivalent. Attachment chains will have a capacity equal to the weight of the towed vehicle. At least two chains, hooks, straps, or equivalent shall be used.
f. Attachments:
1. Every towed vehicle shall be coupled to the tow truck with attachments of a structural strength adequate to safely tow the vehicle.
2. Attachments shall be securely attached to the towing and towed vehicle with no more slack left in the attachment than is necessary to permit proper turning.
(11) Each tow truck shall display on the door or side panel the trade name to their respective business, as registered with the NOPD. The letters are to be at least 2½ inches in height and shall be permanently affixed to the tow truck.
(12) Capacities and specifications of towing equipment:
a. The minimum standards of each tow truck license shall be determined solely by the manufacturer's specifications for the capabilities and capacities of the tow trucks and all towing equipment.
b. Each tow truck shall be equipped with only those winches and cranes that have been produced and constructed by a manufacturer of such equipment who carries product liability insurance, and which regularly produces winches and cranes of guaranteed quality.
1. A winch or crane will not be prohibited by this subsection if the tow truck owner possesses certification from a reputable testing laboratory, regularly engaged in the testing of such equipment or similar equipment, indicating that the capacity of the winch or crane is not less than the weight for which application has been made.
2. All costs of such testing and certification shall be borne by the tow truck owner/applicant.
(13) No tow truck shall tow another vehicle, unless the tow truck has a manufacturer's rating of 10,000 gross vehicle weight rating (GVWR) or higher, and the tow truck has been issued the appropriate towing license plate required by the State of Louisiana. Tow trucks with a manufacturer's rating of less than 10,000 GVWR shall not be permitted.
(14) All tow truck components (i.e., winches, booms, cables, cable clamps, thimbles, sheaves, guides, controls, blocks, slings, chains, hooks, and hydraulic components) are to be maintained in good condition at all times. Cable fittings for hooks, slings, etc., shall be assembled by factory recommendations and specifications. All portable equipment (i.e., shovel, broom, reflectors, flashlights, fire extinguisher, etc.) shall be permanent accessories and be available on the truck at all times.
(15) It is required that the owner/operator carry on board the towing vehicle the following: Proof of all required insurance including a hazardous material policy, if applicable.
(16) Tow truck equipment specifications:
a. At no time shall any tow truck exceed its manufacturer's gross vehicle weight rating or the manufacturer's rated capacity for the towing assembly.
b. At no time will a tow truck attach to a vehicle which, by its size and/or weight, would make towing such vehicle an unsafe movement. That is, a tow truck and its load should never exceed the capabilities of the towing vehicle to safely accelerate, stop, or maneuver.
(17) Towing services shall determine the method and manner of removing vehicles; provided, however, that they shall exercise due care in removal operations and shall follow the lawful direction of any law enforcement officer directing the removal so as not to impede traffic or endanger the general public and property.
(18) Each tow truck authorized on the City of New Orleans towing allocation list shall display on the left front window above the brake tag the NOPD decal, recognizing their approved participation on the towing allocation list.
(19) Towing services and operators on the towing allocation list, in accordance with the provisions of this article, shall be liable and answerable for damages for all injuries or damages whatsoever caused directly or indirectly by the use or operation of the towing allocation list tow truck, whether at the time of the injury or damages such tow truck was being used or operated by the owner, agent, servant or employee or other persons not agents, servants or employees of the holder, unless proof is shown that the vehicle was stolen.
(M.C.S., Ord. No. 28755, § 1, 8-5-21)