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ITOW > Towing News > Archives > 2004 > August 2004 Archive
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August 2004


Parade Official Cited for Roping & Dragging Tow Driver
 

 

WYOMING -- A horse-mounted parade official roped a tow truck driver and pulled him about 250 feet during a confrontation before the Cheyenne Frontier Days parade last weekend, police said.

Clay Sullivan, 45, of Cheyenne, faces a penalty of six months in jail and a $750 fine after being cited for rude and indecent behavior under city code, police said. The tow truck driver was not hurt.

Randy LeBeaumont, 37, of Cheyenne, said he was heading to tow a car parked along the parade route about 9:30 a.m. Saturday when he came upon a horse and rider in the street.

LeBeaumont, who said he was driving his tow truck at about 2 mph so as not to spook the horse, said Sullivan unkindly told him to back off. LeBeaumont said he stopped his truck and got out.

"I tried to explain to him I wasn't going down the road just because I felt like it," he said. "I said, 'Look, I'm not going to sit around and argue with you about it. I'll call police and find out who is in the wrong."'

As he reached into the cab to grab his cell phone, a lasso was dropped over him. "It wasn't a skillful thing, but more like a sucker shot," LeBeaumont said.

The rider then pulled him down the street, though LeBeaumnont's feet never left the ground, he said. "With my long legs, I was able to keep up," he said.

LeBeaumont was able to free himself from the rope and run back to his truck to call police. Cheyenne police Lt. Jeff Schulz said Cheyenne Frontier Days officials have agreed to dismiss Sullivan from parade detail this year.

The matter is under internal investigation, CFD Parade Committee chairman Bill Larson said. Larson said he wasn't immediately sure of Sullivan's job or his status with the annual rodeo western celebration.

A message left on Sullivan's home answering machine seeking comment was not immediately returned Tuesday.  (AP)

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Broker Allegedly Stole $1.5M in Premiums From Towing Firms
 
 

NEW YORK -- An insurance broker in Ronkonkoma who specialized in policies for tow-truck companies was arrested yesterday by FBI agents on charges that he defrauded several of the firms by pocketing $1.5 million of their premiums in the past several years.

Arthur Bielli, 37, head of the Cross Country Insurance Brokerage at 4964 Express Dr. South, drove at least one Queens tow-truck firm out of business and harmed several others because he didn't tell them their insurance had lapsed, said a lawyer for several of the firms.

Bielli, who lives in Holbrook, was arraigned yesterday before U.S. Magistrate Arlene Lindsey in U.S. District Court in Central Islip. He was ordered held until he can come up with suitable collateral for bail.

Bielli's attorney, Glenn Obedin of Central Islip, and Assistant U.S. Attorney Peter Katz declined to comment.

FBI officials said that while they know several of the firms Bielli allegedly victimized, they believe there are others.

Gary Rosen, an attorney from Floral Park who represents a number of towing firms, said one of his clients, Aenos Towing of Astoria, had gone out of business last month because the state canceled its trucks' licenses after learning from the insurance company that there was no insurance coverage and the city had then revoked its contract to tow abandoned cars. Rosen said his clients often were not aware their insurance had lapsed because Bielli would receive the notice of cancellation and would not pass it on.

Another client, Mike's Towing, of 816 Liberty Ave., Brooklyn, suffered financial harm because one of its tow trucks did not have insurance and had to be taken out of service, Rosen said.

In some cases, Bielli would arrange for the tow-truck insurance, which can run into the hundreds of thousands of dollars, to be financed by a lending institution; receive the money to pay the premiums; but not pay the insurance companies, court documents showed. The court papers said that on several occasions when a tow-truck company made an insurance claim, Bielli would pay it to avoid discovery.

If convicted, Bielli could be sentenced to up to 10 years in prison. (Robert E. Kessler - Newsday.com)

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Virginia Rep. to Unveil Total Towing Regulation Bill
 
 

VIRGINIA -- Rep. Jim Moran (D-Virginia) will unveil new federal legislation today at a Virginia news conference that he claims will curtail predatory towing in Virginia and the rest of the country.

According to a statement from Moran's office, Moran's bill, "The State and Local Predatory Towing Enforcement Act of 2004," "Closes a loophole in federal law that has left regulation of the tow truck industry in virtual limbo."

The bill is said to allow state and local authorities to regulate every aspect of the towing industry without requiring cost studies to insure rates are not set too low, or providing any protections against unfair rules or regulation.

The so-called predatory towing practices that Moran wants to stop are already illegal in Virginia, but lawmakers say the fines are too small to be effective. It's unclear why Moran doesn't simply increase the fines or possible jail time.

Moran, talking about the practice of private impounds, said "It's a dangerous situation. An awful lot of young women (who parked illegally) find themselves without a car and have to get themselves down to a desolate area and they don't have the cash that's required and they have to deal oftentimes with surly people."

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Towing Fees Would Rise Under County's New Regulations
 
 

MARYLAND -- Montgomery County may soon adopt new regulations that would increase the fees towing companies charge motorists when the police call for a tow, but should speed up the clearing of wrecks from roads.

The proposed regulations would increase the base rate from $75 to $95 when police call for a tow truck. The new rules, which must be approved by the County Council, are expected to go into effect in September. The council's Public Safety Committee reviewed the proposed regulations Monday.

The proposal also allows for motorists to call for their own tow if the company can get there quickly, said Linda McMillan, a council senior legislative analyst.

One woman complained to the council that recently she was stopped by a police officer from calling for a free AAA tow and instead had to pay several hundred dollars to another tow company.

When police call for a tow truck -- due to a disabled vehicle or a crash, or because the driver was arrested -- the officer radios a dispatcher who calls the next company on a rotating list of 61 tow truck operators in the county. The county's program is voluntary for the tow truck companies, but those who want to join agree to charge the county's approved rates and abide by other guidelines, such as clearing debris from crash scenes.

The county's regulations do not cover motorists who call tow trucks on their own.

The new rules would allow motorists to ask the tow trucks summoned by police to take their vehicles directly to their service garage or auto repair shop for the approved base rate and an additional fee of $3 per mile. Under the current rules, vehicles towed by order of the police are taken to the tow truck company's storage lot or the police impound lot, and then the motorist can have the disabled vehicle towed to a repair shop.

When motorists using the trucks called by police want their vehicles towed to a repair shop, the tow truck drivers ask them to sign a form that waives them from charging the police approved rates, said Montgomery Police Cpl. Ryan Perry of the Abandoned Auto Unit.

"I've seen tow bills for $1,000," said Perry, who helped develop the proposed rules.

But Jack Hessman, general manager of Automotive Support, a towing company in Silver Spring, said the county should use the opportunity of creating new regulations to revamp the entire system.

He suggested the county adopt a system of private-contracted tow truck patrols to improve response time to clearing wrecks and improving traffic management. Hessman also said the tow companies should be rotated in eight-hour shifts as opposed to the system of police dispatchers calling the next tow company on a rotating list.

"We're not building new roads, so we must effectively manage the roads we have," Hessman said. (C. Benjamin Ford - Maryland Gazette)

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Two Tow Drivers Arrested for Fighting "Apprentice" Contestant
 
 

FLORIDA -- Two Miami tow truck drivers were arrested and accused of beating up a former star of Donald Trump's TV hit The Apprentice and her fiance, officials said.

Donald Seay, 27, and his brother, Daniel Seay, 24, were charged with aggravated battery in the June 27 incident, North Miami Beach detectives said.

Katrina Campins, a contestant on the NBC show, and her fiance, Ben Moss, had their car towed from a strip mall parking lot by Seay Towing, according to police reports and interviews.

The couple confronted Donald Seay in the lot. According to the couple's lawyer, Stuart Grossman, Seay began swearing at the couple. But Seay claimed Campins slapped him.

Campins and Moss took a cab to the towing company's lot in North Miami Beach to retrieve their car, and another fight erupted.

Aided by others, who were not identified, the Seay brothers beat Moss until he fell to the floor, the police report said.

Campins suffered a broken nose, swollen eye, and leg scrapes, while Moss needed stitches for a split lip, Grossman said.

Grossman said he has already filed a civil suit against Seay Towing. (AP)

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Tow Trucks Converge on Wisconsin Town
 
 

WISCONSIN -- A fleet of tow trucks descended on Chula Vista recently for the annual Wisconsin Towing Association Convention.

Tow truck operators from Wisconsin and several other Midwest states attended the convention to learn about new rules and regulations and new equipment, Convention Committee Co-Chair Marv Platt said.

For example, a New Jersey man demonstrated new equipment that is basically a big arm that picks up the car and swings it onto the truck.

The final activity was a parade through downtown Dells, led by Platt's Towing's restored 1931 Model AA Ford.

Only a small portion of the trucks were involved in the parade, as the convention saw an estimated 75 to 100 trucks - or $8 million worth of equipment.

Platt and the other co-chair, Mark Platt, organized the Chula Vista event for the last several years. The event is always over Father's Day weekend because "most towing outfits are family run", Platt said. Having it in the Dells means there is plenty of fun things to do for kids and families.

"It's all here," Platt said. "It's one of the reasons they all come back."

Platt, also serves on the Towing Association Board of Directors since 1969, said the event would not have been possible without the help of Association member Mike DeHaan. Platt also thanks the area businessmen who donated items.

"I've very seldom ever been turned down for anything I asked for," he said. "Everybody is just as nice as they can be."

Next year's Convention will again be at Chula Vista. (Erica Dimka - Wisconsin Dells Events)

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Judge Defends Impound Towing Rules
 
 

MICHIGAN -- Those who thought of suing local towing companies after an Ann Arbor lawyer last year exposed a possible loophole in the city's towing ordinance and got his money back might want to think again.

The same judge who ordered Triangle Towing Inc. to repay lawyer Harvey Wax after towing his car outside a downtown restaurant recently ruled in favor of Triangle in a similar case because of new evidence presented at a court hearing, records show.

In a case resolved in April, district Judge Julie Goodridge found that the forms the city distributed to businesses that have their own agreements with towing companies serve as the official consent to tow agreements required by city ordinance.

Last October, Goodridge, presiding over Wax's case in Small Claims Court, found that a letter between the lot owners and the towing companies authorizing tows from their property did not qualify under the ordinance and ordered Triangle to reimburse Wax more than $150.

Though Goodridge heard testimony from Ann Arbor Police officers that the tow was conducted properly, there was no testimony regarding the city's official consent form.

In her recent opinion, Goodridge said her decision in the Wax case did not set a precedent because it occurred in small claims court.

City officials said they reviewed the ordinance after the Wax ruling, but determined no changes were necessary. The city was not involved in either case before Goodridge.

Goodridge's ruling from the district court bench would set a guideline for other judges but does not guarantee rulings in favor of tow companies due to variables in specific cases, city officials said.

Triangle Towing Owner Scott Snuverink, who represented himself in the small claims case, said he had been sued only once in the past two or three years over tickets, but since the Wax case, six people sued Triangle. Those cases are either pending in court or have been dismissed.

Other local towing companies surveyed by The News said the initial ruling did not lead to litigation.

Yet Snuverink said he thought he had little choice other than to take the issue to district court after losing the Wax case.

"We had to do it based on the first ruling because we learned you can't take anything for granted," Snuverink said. "We're obviously glad we did."

Wax, meanwhile, had his vehicle towed by another company from a downtown lot last month, and said he plans to fight the citation on the same grounds as in his previous victory.

"Without seeing the new evidence, it's hard to say for sure if I'll be successful, but the ordinance stipulates there must be written consent from a private property owner prior to towing any vehicle. A blanket consent is not sufficient," he said. "It may be a cumbersome process, but that's what the law requires."

No court dates have been set for Wax's new case. (Ann Arbor News)

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County to Begin Regulating Towing
 
 

VIRGINIA -- The Montgomery County Sheriffs Department has received many complaints from residents about being overcharged for towing services.

Montgomery County is considering a new advisory board to regulate towing companies by setting flat rates for abandoned or disabled vehicles outside Montgomery County.

Currently, a towing company charges a fee that they feel is appropriate. If the owner of the towed car disagrees, there isn’t anything to be done about it.

The new board will allow citizens who are towed and feel that they were overcharged an avenue to reduce or review the price, Montgomery County Sheriff Tommy Whitt said.

Barry Harmon of Harmon’s Service Center in Christiansburg has been in the towing industry since 1984. Harmon owns five tow trucks and two road service vehicles that assist stranded vehicles that have problems such as flat tires or a dead battery.

Harmon said that he has no problem with the new advisory board setting rates for the entire towing industry as long as a qualified person or persons sets the rate.

Harmon’s Service Center along with about seven other towing services hired Virginia Tech marketing professor Don Rieley to conduct research for cost analysis in the towing industry.

The sheriffs department determines which towing company will come to the site of an accident or disabled vehicle.

Montgomery County is divided by four geographical areas. Under the current law, the policeman on the scene will ask the owner of the car if they have a preference of a towing company. If the person is unable to answer or has no preference of a towing company, the police will call the next available rector for that geographical area, Whitt said.

The towing company that has been called will have 30 minutes to respond. If time has expired, the police will call on the next rector in line. (Carley Estes - Virginia Tech Collegiate Times)

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Tow Operators Must Collect Fee for City of Fresno
 
 

CALIFORNIA -- People who get their cars or pickups towed after traffic stops in Fresno face higher fees to get their vehicles returned.

The City Council voted this week to charge a $50 referral fee to tow-truck operators and allow those businesses to pass the fee to vehicle owners.

"Don't break the law, and you're not going to get your car impounded," said City Council Member Jerry Duncan.

But a mix of tow-truck operators and advocates for undocumented immigrants crowded into council chambers opposing the fee.

"This $50 extra is definitely wrong in my eyes, especially for us to collect it," said Joe Petz, who owns Joe's Towing.

Noe Hernandez of Centro Azteca De Informacion said Fresno police target undocumented immigrants who cannot get California drivers licenses.

"This issue concerns us because our community is the one most targeted by these officers," said Hernandez, who carried a sign that read, "City of Fresno Stop Legally Stealing Our Vehicles We Need Them To Put Food On Your Table."

The new fee takes effect immediately, changing the maximum towing charge from $75 per hour to $125 per hour. The city also allowed tow-truck operators to raise the storage fee from $15 per day to $20 per day.

People who get their cars towed also have to pay for the traffic violation and a $184 impound fee to the city. Police impound the vehicles of drivers who are caught driving drunk, with a suspended license or without a license.

Police Chief Jerry Dyer introduced the fee change to the council last week, and the council voted 5-2 in favor of it Tuesday. Council President Brad Castillo and Council Member Cynthia Sterling opposed it.

Fresno police expect to raise $900,000 to $1 million a year from the new fee. The department will use the money to pay for overtime in the training of police officers and to create a new tactical training unit.

Fresno police had 22,700 vehicles towed last year. Dyer said about 40% of people who get their vehicles towed do not retrieve them, meaning the city doesn't receive an impound fee. The fee change will mean the city will get a guaranteed $50 per vehicle towed.

David Boyko, owner of D & K Towing, said the higher fees will be passed to the owners of all towed vehicles, including people who have had their cars stolen.

"This $50 fee is not going to affect me, it's going to affect your constituents," Boyko told the council.

Several operators said they feared that, by speaking out, the police department would blacklist them from the tow rotation, which is the list of companies that police use to tow vehicles.

"Police people aren't the most honest of people," Petz said.

Hernandez was one of about two dozen advocates for undocumented immigrants who attended the meeting.

He said immigrants come to the Valley to work in the fields, maintain lawns and do other low-paying jobs. But there isn't a public transportation system that allows them to travel between Fresno and other cities, he said, so they drive without licences.

He said these immigrants will bear the brunt of these higher fees.

"City Council members are elected by the people to serve and protect the people, not persecute one segment of the workers," Hernandez said.

Dyer said he understands the concerns of immigrants and their advocates.

"I feel for some of these people who don't have the ability in California to legally obtain a drivers license," Dyer said. "But that is the law." (Jim Davis - The Fresno Bee)

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Tow Truck Driver Beaten to Death After Dispute
 
 

ILLINOIS -- A tow truck driver was beaten to death by five teenagers outside a South Side gas station Wednesday, shortly after he got into an altercation with a man who accused him of stealing his car.

Joe McDaniels, 52, was found with a concrete brick next to his head outside Matthews Gas Service, 4533 S. Cottage Grove, said Chicago Police spokesman Matthew Jackson.

Police received a call at 10:25 a.m. that a man was being beaten by several teens at the gas station. When officers arrived, at 10:28 a.m., McDaniels was already lying facedown in a pool of blood. Five teenagers were seen leaving the crime scene minutes earlier in a red, two-door vehicle, possibly a Pontiac, Jackson said.

Police are investigating the connection between McDaniels' fatal beating and an earlier confrontation between McDaniels and another man.

McDaniels reported to police that the man accused him of trying to steal his car about 9 a.m. at 50th Street and Drexel. It is not clear whether McDaniels was in the process of towing the car, a black 1999 four-door Lincoln with a broken driver's side window.

But the man followed McDaniels to the gas station on South Cottage Grove, pulled a handgun on him and demanded identification, which McDaniels showed, Jackson said.

The man then threatened to kill McDaniels and left, going south on Cottage Grove.

Police described the man in the earlier incident as African-American, between 20 and 25 years old, with dark complexion, black hair and brown eyes, dressed in dark pants with a white shirt.

Descriptions of the five teenagers suspected of killing McDaniels were not available, police said.

Reached at their home in Lexington, Miss., an aunt and cousin of McDaniels refused to comment on his murder.

An employee of the Matthews Gas Service station also declined comment.

No one was in police custody Wednesday evening, Jackson said. (Ana Mendieta - Chicago Sun-Times)

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Committee Advises Against Downtown Towing Ban
 
 

NORTH CAROLINA -- The city of Raleigh, who is considering banning all towing from downtown, was advised by a special committee not to get involved in the matter.

The plan to ban towing would leave property owners in the downtown area without any means to remove unauthorized cars from their businesses and parking areas. This could have significant financial impact on businesses with limited parking or businesses that lease parking for a living because anyone could park anywhere during the hours outlined by the city.

City Councilman Mike Regan was quoted as saying the people who get towed in the downtown area are whiners who knowingly parked illegally and it's not the city's problem.

Based on complaints from citizens who parked illegally and got towed, the city is considering a ban towing in the downtown area between the hours of 6 p.m. and 6 a.m..

The city has tried to alleviate the problem by leasing lots downtown where people can park for a $3 fee.

It's not known whether the city council will take the advice of the committee or follow through with their original ban.

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