FLORIDA -- In Stuart Florida size does matter when it comes to littering.

Wanton dumping of any type of trash, old vehicles or other items weighing more than 500 pounds can lead to a felony arrest in Florida. Martin County sheriff's deputies say they will enforce the law.

A well-known Treasure Coast tow truck driver learned that the hard way this week when he was arrested after allegedly dumping an abandoned motor home on the side of a western Palm City road.

Jose "Tiny" Herrera, 31, the owner of Martin County Towing, was charged Monday with felony littering on a public highway. Herrera was at the center of last year's towing fee flap that ended in a new rate cap.

He was released Monday from the Martin County jail on $1,000 bail. He later said the incident was a mistake and a "raw deal."

Detective Joe Passanesi, head of the Martin County Sheriff's Office environmental crimes unit, said the felony littering charge is not uncommon.

"It's used all the time," he said. "Littering anything over 500 pounds of litter is considered a felony."

Passanesi said littering is taken seriously, adding he has worked on six cases since taking over the unit in November.

Violators face possible penalties including jail time, fees, fines, restitution or a combination of the punishments.

Passanesi said in his report that Herrera illegally dumped the motor home and gave more than one explanation for the incident.

"He towed a abandoned vehicle that the city (of Stuart) called him over there for. He kept it for a bunch of days. The vehicle ended up on Green Farms Lane," the report states.

A Martin County Towing employee was on the way to the county landfill to dispose of the vehicle, but Herrera directed him to dump the motor home in order to go to another call, the report states.

Passanesi reported that he talked to the driver who said they just forgot about the motor home until they were contacted by authorities.

"Because it ended up in the county, and because it was considered commercial littering or dumping, that's why we got involved," Passanesi said. "I presented the evidence to the State Attorney's Office and applied for a warrant. ... He did come clean, and he did dispose of it correctly."

Herrera denied wrongdoing.

"It's a raw deal," he said Wednesday. "I asked an employee to do something. He forgot to pick up the vehicle. I went by, picked it up and disposed of it." (Gabriel Margasak - stuartnews.com)

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NEW JERSEY -- A towing contractor charged Tuesday that the Atlantic City Expressway's operating agency tailored its bidding specifications to favor one of his competitors.

The allegation was immediately denied by the South Jersey Transportation Authority, which has struggled for months to award new towing contracts for the 44-mile toll road.

Keith Bartley, owner of Tri-State Towing of Egg Harbor City, complained of favoritism after the authority opened new bids Tuesday for towing services on the expressway's eastern and central sections.

Bartley has been battling for months with rival operator Guenther's Mobil Service of Pleasantville for control of the expressway towing business.

Guenther's has provided towing services on the expressway's eastern end ever since the toll road opened in the 1960s. Bartley's company appeared poised to snatch that business away last year by outbidding Guenther's for the contract, but the transportation authority responded by throwing out all bids and ordering new ones.

Since then, the bidding specifications for the eastern sector were changed by the authority, Bartley said. He contended the revisions were made so that only Guenther's would be able to bid on the new contract.

"Now it's just Guenther bidding for the eastern sector. Now there are no other bidders who can challenge Guenther," Bartley said. "They changed it just enough to keep me off and Guenther on."

According to the bid specifications, a contractor's place of business must be located within eight miles north and eight miles south of its towing sector. Contractors also must be able to respond to expressway breakdowns within 20 minutes.

Since Bartley's company is based in Egg Harbor City, Tri-State falls outside of the zone for the eastern sector. However, Tri-State is located within the expressway's central section.

On Tuesday, Guenther's was the only towing operator to bid on the new contract for the eastern sector. In separate bidding, Tri-State and Lakeview Garage of Hammonton submitted bids for the central section.

Gary P. Israel, a spokesman for the South Jersey Transportation Authority, said all bids will be reviewed carefully before a decision is made whether to award the contracts or reject the bids. The earliest the authority could award the contracts is at its next regularly scheduled board meeting on Feb. 19.

"There's a lot that can happen," Israel said. "The entire process could be reevaluated."

Israel disputed Bartley's allegation that the bidding process was changed to specifically benefit Guenther's. He said revisions were made in the bid specifications to ensure that the winning contractor was located nearby and could respond quickly to highway breakdowns.

"It wasn't done to favor anybody, but rather to ensure that patrons wouldn't have to wait an excessive amount of time," Israel said.

James Guenther, owner of Guenther's Mobil Service, could not be reached for comment Tuesday. In the past, he has contended that Tri-State was unqualified to provide towing services for the eastern sector.

Expressway towing contracts are divided into three main sections - eastern, central and western - each about 15 miles long. The towing operator for the western sector currently has a multiyear deal, but the eastern and central sections are up for new contracts.

For months, the transportation authority's board of commissioners has debated whether to hire outside contractors or start an in-house towing service that would be operated by expressway employees. Some commissioners have argued that an in-house service would protect motorists from unscrupulous towing contractors. (Donald Wittkowski - Pressofatlanticcity.com)

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FLORIDA -- His voice still cracking with regret, Sheridan Grimm said life over the past month and half has been a struggle knowing the bumper from the car he towed days before Christmas came loose on U.S. 1, leading to the death of Bartlett brothers Sean, 15, and Justin, 20.

"I've got a son right in between the two," Grimm said Friday afternoon in an interview with The St. Augustine Record. "I raised him by myself. He's 17 right now and it tore me up."

As Grimm spoke with a Record reporter, Cpl. Tom Colalillo and Trooper Anthony Napoli from the Florida Highway Patrol were on their way to serve him with charges of failure to secure a load, a $78, four-point moving traffic violation. Because there were deaths involved in the crash, which occured just south of Nease High School, "It's mandatory that he has to go to court," Napoli said. "It gives the victims the chance to speak."

Sometimes loved ones will bring in photographs of the dead to sway the judge to give harsher punishment on the person charged, other times, "They speak on their behalf," Colalillo said.

The judge could increase the penalties to a $500 fine, suspend Grimm's license and order him to take mandatory driving school.

Colalillo said every driver and owner of a vehicle has the responsibility of securing loads from "blowing off, leaking or even shifting."

Grimm, 50, of Atlantic Beach, said he didn't even realize the bumper had broken free at the time. But he later returned to the scene. "I don't know. It's just been real terrible. I don't know. No intent or anything. I didn't even know that it came off," he said.

The investigation will continue with the analysis of blood taken from another driver involved in the wreck. Colalillo said investigators early on the scene believed Mark Anthony Roberts, 35, of Jacksonville, may have been drinking. Colalillo said any time there is a death in a wreck and alcohol is suspected in another driver, investigators can draw blood, even if the suspect fights the request.

Colalillo said Roberts consented without a fight, and if it is determined he had been drinking, the investigation will look into whether his impairment would have contributed to the wreck.

According to the FHP investigation of the Dec. 19 wreck, the Bartletts' Volvo, driven by Justin with Sean as the passenger, was southbound when Justin swerved to the right shoulder to avoid hitting the bumper that had fallen on the road. He then lost control as he overcorrected back into his lane, causing his car to cross the median into the path of a Toyota 4Runner traveling northbound. The Bartlett vehicle was cut in half on impact.

Roberts was the driver of the 4Runner. A Chevy pickup riding near the 4Runner and driven by Victor Frederick Williams, 24, of Jacksonville, also was involved in the wreck when it was clipped by the 4Runner, according to the FHP report.

Colalillo said the investigation and charges take time because all the movements and positions of the cars involved have to be determined, witness statements have to be weighed and two reports, a crash report and traffic homicide investigation report, have to be filed.

In other words, Colalillo said, a death warrants a thorough investigation. "When someone's been killed you owe it to them and the family," he said.

Since the wreck, St. Johns County Sheriff's Office victim advocate Donna Miller has comforted the Bartlett boys' mother Marcy of Ponte Vedra Beach. Napoli drove with Miller to tell Bartlett of her loss in the hours after the wreck he called, "One of the worst crashes I've seen in my seven years of work."

Colalillo said he spoke with Bartlett last week. "She was doing extremely well. She's going through a lot. She's an amazing lady."

Grimm said he has not spoken to her. He said the thought of talking to the mother of Sean and Justin has not been easy.

"Right now I'm just holding everything off," he said. "I really don't know what to do right now."

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OHIO -- A tow truck driver helping a disabled motorist on Ohio 16, just west of Ohio 37, was struck by a passing vehicle Thursday night, authorities said.

Leroy Holcomb was treated for his injuries at Licking Memorial Hospital and released. His age and hometown were not immediately available.

He was treated at the scene by Granville medics. "He was talking to us," said Lt. Bruce Gottfried, when asked about the nature of the man's injuries.

Gottfried declined to provide other details, citing patient confidentiality. Medics had considered calling for a medical helicopter to fly the injured man to a Columbus hospital, but the helicopters were not flying due to poor weather, Gottfried said.

The accident occurred about 7:55 p.m. in the eastbound lane of Ohio 16, according to initial reports from the scene. No one else was hurt. The Ohio Highway Patrol is investigating.

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NORTH CAROLINA -- FleetNet America, LLC announced this week that it has begun the development of a national towing and recovery certification program that is expected to be launched later this year. "We have begun the actual program development and have recently hired James Williams (formally a director with Road One) to lead and manage this project," said Oren Summer, FleetNet America's President. "When completed, this program will provide FleetNet's customers with nationwide access to certified towing and recovery providers, allowing them to receive superior towing and recovery service at competitive prices."

"Our customers tell us that they want to use towing companies who provide good service, project a positive image, adhere to state and federal regulations and who maintain appropriate insurance levels," said Mr. Summer. "In response to this customer need, FleetNet is developing a database of certified towing and recovery vendors who meet these standards while charging a fair and reasonable price."

FleetNet is a third-party vehicle maintenance company that coordinates scheduled and nonscheduled service to truck fleets, owner-operators, original equipment truck manufacturers and after-market equipment providers. FleetNet receives nationwide service calls regarding on-the-road breakdowns at its 24-hour-a-day, 365-day-a-year call center in Cherryville, NC. FleetNet's call coordinators, who average more than 20 years of truck maintenance and repair experience, utilize a network of over 60,000 truck repair vendors to assist in providing vehicle repair and emergency road service throughout the continental United States and Canada.

FleetNet America is a subsidiary of Arkansas Best Corporation (Nasdaq: ABFS)

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PENNSYLVANIA -- Jorge Rodriguez, 43, of Tobyhanna had his car impounded for driving drunk decided he wanted it back.

Rodriguez was arrested earlier for DUI and released to his friend who drove him around to find his car.

When he found his car at Murray's Towing on Pocono Summit, he found his Chrysler still attached to the tow truck -- after failing to get his car unhooked, he discovered the keys in the tow truck and drove the truck, with his car attached, to his home.

Rodriguez was later arrested and pled guilty to auto theft. (Thanks Rick)

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CALIFORNIA -- A milelong string of red and orange flashing lights shone out in the dim morning fog, as the grim procession neared the site in San Ramon where Justen Purcell was killed a week ago.

Some tow truck drivers honked their earsplitting horns as they passed the Interstate 680 roadside where a suspected drunken driver hit Purcell, a fellow tow truck operator, joke-loving friend and father of three.

But most just stared stoically forward, watching as the motorcade of more than 75 tow trucks, a dozen passenger and police cars, even a fire engine, made its way through San Ramon to the crash site just south of Alcosta Boulevard..

All work stopped for these drivers and dispatchers, who came from as far away as Modesto, Santa Cruz and Vacaville to honor their fallen colleague.

"I couldn't ask for a better co-worker. It was like losing a brother," said Sean Choy, a driver at San Ramon Towing, where Purcell had worked for five years. "Words can't even describe what this means to the company."

The fog seemed to match the somber mood of the tow truck drivers, who gathered in a San Ramon parking lot before the procession began. They sipped coffee, talked quietly and lined up to sign a banner, which later adorned the procession's lead truck. Some bought T-shirts printed with "In Loving Memory of Justen Purcell 1976-2003" to help raise money for his three young children. Most said, gladly, that they had never participated in a tow truck procession before.

Purcell's colleagues remembered him as a happy guy who always smiled and joked, gladly took on late night and early morning shifts and often talked with his fiancee while waiting for calls to come in.

"It can be a stressful job sometimes," said Chris Brawn, who had worked with Purcell for three years. "He just pretty much rolled with it."

At the same as the shiny yellow, blue and red trucks rolled through San Ramon, Purcell's friends gathered to remember the 26-year-old Pittsburg resident and to comfort his family. Purcell is survived by his three young children, Cynthia, 7, Justen, 6, and Gavin, 8 months; his fiancee, Celeste Olivan; his sister, Jessica Purcell; and his parents, James and Sheila Purcell.

After the service, Jessica said Purcell, a former Marine, loved working as a tow truck driver because it was physical work where he could be outside helping people. "It really made him happy," she said.

The family has been touched by the response of both their friends and his colleagues.

"I have never imagined that if someone in my family would die, there would be a parade in their honor in San Ramon," Jessica said.

"I don't know how heaven works, but I hope that he can see that he was more than just Justen."

San Ramon Towing has opened a fund for Justen Purcell's three children at U.S. Bank in San Ramon. The account, in Purcell's name, is No. 153452498121.

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Wilson Electronics now has a cellular amplifier/repeater for cars, trucks and RVs, or tow trucks. The amplifier/repeater eliminates the need for a physical connection to a cell phone. Up to four cell phones can share the power of the amplifier at one time.

The amplifier has a transmitter that can double the power of a cell phone, increasing coverage by 50 or more miles in remote areas. The cellular amplifier/repeater works on all 800 MHz cell phones.

For more information call (800) 204-4104 or visit www.wilsonelectronics.com.

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MASSACHUSETTS -- The city of Boston has become the first city in the country to adopt a new drunken driving initiative that would require police to impound the motor vehicle of a suspected drunken driver for at least 12 hours.

The city ordinance, enacted Monday, is called "John's Law" after U.S. Navy Ensign John Elliott of New Jersey, who was killed by a drunken driver in July 2000. Elliott's car was hit head-on by a man who had been arrested hours earlier and released into the custody of a friend. The friend then returned the drunken driver to his car.

The ordinance is modeled after a 2001 New Jersey state law. Along with the impounding requirement, officers will issue a responsibility warning to those who take custody of a suspect drunken driver.

"Today is a bittersweet day," said Elliott's father Bill. "Today, we could not miss our son more. We could not be prouder of his memory and what he meant to us and we could not be prouder of the city of Boston for what they have done here today. Let there be no mistake, this law will be a national law one day."

City Councilor Robert Consalvo introduced the Boston legislation, and also has filed a bill with the state Legislature which would expand the law statewide.

"This legislation when it was presented to me by Councilor Consalvo, I thought it was a no-brainer," Mayor Thomas M. Menino said. "I would hope the Legislature passes it as quickly as the city did."

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MARYLAND -- A Baltimore County towing operation at 39 York Road in Towson may have cleared one technical hurdle only to face another.

The Baltimore County Zoning Commissioner ruled Jan. 7 that the temporary storage of motor vehicles brought to a site by tow truck is allowed on property - such as 39 York Road - that is zoned Business Major-Automotive Service, even though it isn't any of the uses that the Baltimore County Zoning Regulations specifically allow for that zoning classification.

However, Arnold Jablon, head of the county's Department of Permits and Development Management, said Monday he will file for a motion for reconsideration.

"There was no representative from zoning at the hearing," he said, noting he wants to have Zoning Commissioner Lawrence Schmidt hear the case again.

Maryland Towing and Recovery, which leases 39 York Road, and George Kosmakos, who is one of three brothers who own the property, had sought the ruling from Schmidt through their attorney, Deborah Dopkin.

While they sought a countywide interpretation from Schmidt, which, as the ruling says, "does not relate to any specific property," their vested interest was in their own holdings.

Though there is no parking lot per se and no service garage, Business Major zoning permits and encourages business and commercial uses, stated Schmidt in his ruling, and an Automobile Service district permits automobile services and uses.

A towing operation is "substantially similar" to uses permitted by right in the BM zone and should be allowed, concludes Schmidt.

But Jablon counters "in order to have a towing garage, you have to have a building and have to have a fenced-in area and have sufficient parking. Maryland Towing didn't have a building."

Dopkin had sought the ruling so that Maryland Towing and towing businesses in general, as well as the property owners that support them, can properly use their properties.

When Maryland Towing was put in legal jeopardy when its application for a use permit was denied, it was the county's interpretation that the firm was applying for a use permit for a service garage. That was determined to be the closest thing to Maryland Towing's operation - but it wasn't a service garage, contended Dopkin.

The difference became relevant when the county went on to deny the permit because a service garage is required to have a building on the premises and there was no building at that time - though there is one now - and the owner of the property was fined for not having the permit.

Whether the Kosmakos brothers have to pay a fine will depend in part on the ruling that Schmidt issues after the second hearing.

If it is similar to the first ruling, Jablon says he will appeal.

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Diesel prices made a modest decline to $1.478 nationally for the week ending Jan. 13, but fuel analysts say it is unlikely that trend will continue.

A week after breaking the $1.50 mark for the first time since Sept. 17, 2001, the national average for a gallon of diesel fell 2.3 cents. The move followed a weekend meeting of the Organization of Petroleum Exporting Countries, which agreed to boost production in order to lower oil prices. In trading Jan. 10, oil traded above $32 a barrel.

A political crisis in Venezuela, which has cut oil production there for more than a month, and a U.S. military buildup in the Middle East ahead of a possible war with Iraq have sent prices soaring. Flagging petroleum inventories in the U.S. haven’t helped either, says T-Chek Systems fuel analyst Mark Derks.

“You’re going to see prices at the current levels or higher over the next few months,” he says. “If the Venezuela situation continues, prices could go as high as 15 cents higher at the retail level.”

Other analysts, including those from the U.S. Department of Energy, expect prices to go higher, especially if winter weather worsens.

The biggest swings in prices have taken place in areas such as the South, where prices are traditionally the cheapest. Much of that has to do with Venezuela, which delivers most of its oil to the South and East.

Fuel prices fell back in those areas as well as the West Coast, but surged ahead in the Northeast, where winter has set in. Tow operators in California paid the most for fuel, though only 8 cents more than the national average.

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KANSAS -- Wichita's towing companies have received approval from the Wichita City Council to increase the daily rate they charge for vehicle storage from $12.50 to $15.

Greg Ferris, a former council member and independent consultant who represents eight area towing companies, says the increase is due.

"Tow companies in most other cites are getting between $15 and $20 a day," he says. Wichita tow companies have faced sharp increases in insurance costs, along with increases in fuel and property taxes, Ferris says.

No council member objected to the increase.

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NORTH CAROLINA -- Charlotte Drivers would pay no more than $100 when their cars are towed from private property under towing rules unveiled by city officials Monday.

The proposed rules would also limit vehicle storage fees to $10 a day, require property owners to post the towing company's phone number and ban companies from towing a vehicle if the driver returns to the scene and agrees to move it.

The ordinance, to be voted on in the next few months, was written in response to alleged complaints about high towing fees.

Several towing companies Monday said the $100 maximum was too low.

"These companies are not going to come out and move someone's car for $100," said Chris Chagaris, an attorney representing Charlotte Automotive Recovery Systems.

The council is expected to vote on the ordinance in the next few months. (Thanks Tim)

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CALIFORNIA -- Police say a drunk driver struck and killed a tow truck driver Saturday morning on southbound Interstate 680 near Dublin.

Justin Purcell, 26, of Pittsburg, had parked his tow truck on the right shoulder of the freeway, just south of Alcosta Boulevard, around 1:30 a.m., the California Highway Patrol said in a written statement. Purcell was parked in front of two cars that had pulled over to the shoulder.

A 19-year-old Pleasanton man driving a Ford Explorer south on 680 drifted onto the right shoulder, sideswiping both parked cars, the CHP said. At that moment, Purcell was stepping out of his truck, and the Explorer hit him, the CHP said.

A 34-year-old Pleasanton man, a passenger in one of the two parked cars, received minor injuries, the CHP said.

The 19-year-old was found to be under the influence of alcohol and arrested, the CHP said.

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OHIO -- Officials at Monroe County’s Central Dispatch Authority have scheduled a meeting for later this month with local towing services to try and convince them to stop charging extra for services when they are called by police.

But a number of local towing firms argues that the extra charges are needed to offset extra costs incurred by them when they agree to work for the county.

The county authority is in the process of overhauling the policies that have governed the agreement between the county and its approximately 20 towing services. County officials say the new policies will subject local tow truck drivers to state restrictions and inspections. They may even have to bid for the right to get a call for service from county dispatchers.

But the owner of one of the county’s oldest towing firms says what is needed is not more regulations but enforcement of existing ones.

"It’s going to be nearly impossible to be on a [Central Dispatch] call list and do the calls for the same fee as if a normal person called us," third-generation tow truck operator Randy Delker said.

Now the owner of Delker’s Sales & Service in Ida Township, Mr. Delker said the increased costs and added responsibilities required to be on the county’s towing list make it financially impossible for small businessmen like him to compete if the county is going to begin regulating prices.

An unscientific survey of several area towing firms showed that the usual minimum charge for service when they are called by dispatchers is between $80 and $100, plus any extra charges that might be incurred to secure the vehicle, and storage. The average price for a privately summoned tow is about $45.

Instead of forcing restrictions, Mr. Delker said, Central Dispatch should have a system to fine or otherwise punish companies that go outside the rates submited annually.

The main reason for the higher rates, Mr. Delker said, is not the calls in the middle of the night or even the time involved in hooking up and clearing vehicles in collisions. Instead, the main drag is the constant stream of abandoned vehicles he and other tow truck operators are called to clear from the county’s roadways.

"They’re junk cars, and we’re having problems even finding junkyards that will take them anymore," Mr. Delker said.

John Nagle, general manager of Temperance Body Shop on Lewis Avenue, said that he has seen "some outrageous towing bills" from other companies on vehicles at his shop.

But he says most firms that want to stay in business and keep customers coming back, feel a responsibility to treat people fairly while they make their living.

"What’s fair to charge? Let’s say you get a call at 3 a.m. and you have to go out on the highway and lay down on the pavement where cars are zipping by at 70 mph. Are you going to do that for $45? Probably not," Mr. Nagle said. (Larry P. Vellequette - ToledoBlade.com)

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TENNESSEE -- The International Towing & Recovery Museum will be moving to the site of a former Pruett's food store on South Broad Street in Chattanooga.

The Chattanooga Regional History Museum plans to eventually expand into the current towing museum site at 401 Broad Street.

A project involving a new BI-LO food store and a new Eckerd's drugs was originally to have been at the Pruett's site, but that deal fell through.

The towing museum move is planned by August into the 24,000-square-foot facility.

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HAWAII -- Hilo vehicle owners should budget for a 300 percent increase to their annual vehicle registration fees beginning in June, on top of other vehicle - related fees that were increased last year.

Hawaii County councilmembers gave preliminary approval Tuesday to an ordinance that would increase the annual vehicle registration fee from $4 to $12 specifically for the county's vehicle disposal fund.

The proceeds of that fee, at $548,200 this fiscal year, pays for the towing, removal, disposal and recycling of abandoned or discarded vehicles and auto parts.

Currently the county pays $80 per ton, or $270,000 annually, for Hawaii Metal Recycling to ship those vehicles and auto parts off the island. However, the county last month requested bids for a new scrap metal contract and received one at $3.1 million and another for $3 million annually.

The reason for such a substantial increase in the amount to get rid of the island's abandoned and discarded vehicles and auto parts is "a depressed world - wide scrap metals market," Environmental Management Director Barbara Bell said. Bell told councilmembers Tuesday the county rejected the two bids and re - initiated the bidding process.

North Kona Councilman Curtis Tyler called for the need to "find a different way to skin this cat" in being the sole objector to the ordinance that would raise vehicle registration fee to $12. He said the 300 percent increase in the vehicle registration fee "won't even come close" to covering the costs for disposing the vehicles and car parts.

Council Chairman James Arakaki, of Hilo, was absent when the vote was taken shortly after 6 p.m. Tuesday.

The increased cost to vehicle owners is in addition to the numerous vehicle - related fees that were increased last year. The fee to issue a new series of number plates for vehicles went from $3.50 to $5.00.

The cost to issue a new certificate of ownership of a vehicle went from $2 to $5, and the cost for a new certificate of registration on a trailer also went from $2 to $5.

The fee for a dealer correction of a registration record grew from $2 to $5, and the cost to issue a duplicate certificate of registration or certificate of ownership also went from $2 to $5.

Plus, the county initiated its own county registration fee of $5 per vehicle on top of the motor vehicle taxes that are paid. (Tiffany Edwards - West Hawaii Today)

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CALIFORNIA -- The Oakland City Council appears ready to approve a 55,000 dollar settlement with a man who sued the city and a towing contractor after his three classic cars were hauled away.

The settlement is set for approval tonight.

It would end a four-year battle with John Wheeler of East Oakland. The fight began when the city ordered his two Jaguars and 1956 DeSoto towed.

Wheeler claims his cars were towed in violation of city law. He says the cars were in running condition and should never have been confiscated.

Under the blight ordinance under which the cars were towed -- the vehicles must be sold for parts or scrap or must be destroyed. Wheeler says he has proof his DeSoto turned up in a San Leandro used car lot and one of his Jaguars ended up in the Netherlands.

Wheeler says the cars were worth as much as $30,000 each. (The Oakland Tribune)

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MARYLAND -- A Baltimore Police Department investigation has turned up new evidence of "ghost" garages in city towing operations and, as a result, three towing firms have been cited for violating the rules of the lucrative program.

Facing hearings tomorrow for violations of the city towing program regulations are Berman's Automotive, Frankford Towing and Tim's Towing. All three were cited last month for failing to meet minimum city requirements for maintaining official towing sites.

"Ghost" garages are garages that exist on paper, but do not meet the minimum requirements of the city program, which includes a manned telephone, parking spaces and an on-duty tow truck and operator.

The two-week suspensions were scheduled to take effect on a staggered basis beginning Dec. 22 but were put on hold when all three firms requested a hearing to dispute the charges.

Maj. Marcus Brown said that the citations were part of an effort to improve the administration of the program. The action against the three companies comes as the department is completing new regulations.

The three firms cited are among 10 designated by the city to tow vehicles from accident or crime scenes. Under the system, tow trucks are dispatched based on their proximity to the accident or crime scene.

Police officials say that maintaining the sites designated by the city is critical to ensure that tow trucks can respond rapidly to calls and remove disabled vehicles from traffic quickly.

Motorists must pay an $81 towing fee plus storage charges to retrieve their cars. Hundreds are towed to the city impound lot on Pulaski Highway every month.

An investigation by The Sun four years ago showed that two of the towing firms, Berman's and Frankford, had collected about $1.5 million in fees over a two-year period.

The Sun investigation found that there were no tow trucks on duty at many of the officially designated sites. One was an east-side liquor store, another was the parking lot for an auto parts store and a third was a used-car lot.

As a result of the recent police investigation of ghost garages, the three firms were cited for failing to meet minimum site requirements at various locations. Frankford was cited at three locations: 6700 Quad Ave., 4519 Harford Road and 2101 Fleet St.; Berman's, 934 Washington Blvd. and 2230 Reisterstown Road; Tim's Towing, 5500 Belair Road.

Officials of Frankford and Berman's did not respond to a request for comment on the violation notices. Tim Bonner, owner of Tim's Towing, said he planned to appear at tomorrow's hearing to contest the city citation. Bonner also criticized management of the towing operations by city officials.

He said mismanagement of the city impound lot on Pulaski Highway leads to cars being damaged and vandalized. Tow truck operators say they are often blamed for damage that occurs after they drop off cars at the city facility.

The proposed new rules would require that all cars towed under the city program be photographed before they are towed and again after they arrive at the impound lot.

Brown said the biggest change under the new rules would be to set tighter standards for towing garage sites.

Police officials acknowledge there have been problems in the past in the program with the ghost garages.

"We want to make sure that it is an actual legitimate site and not ... a liquor store or something else," Brown said. ""We're putting out the word that there's a new sheriff in town." (Walter F. Roche Jr. - SunSpot.net)

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OHIO -- A towing firm owner, whose bid to expand his impound lot on Evans Avenue was rejected by the Akron City Council, wants a Summit County judge to overturn the decision.

Attorney Harry Tipping filed the lawsuit Friday in Common Pleas Court on behalf of Joseph Wilson, owner of Wilson Towing Service Inc.

The suit argues that the rejection of a conditional-use permit -- which Wilson needed to expand onto an additional 2.5 acres he owns alongside his existing lot -- amounts to an unconstitutional taking of his property.

The case was assigned to Judge James Williams, but it probably will wind up with another judge since Williams' son, Michael, is an at-large councilman in Akron and is named in the lawsuit.

The City Council voted 8-5 this month to reject Wilson's request.

In 1995, Wilson sought a conditional-use permit for the property, but he was denied. He was later cited for storing impounded vehicles on the property.

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VIRGINIA -- Four vehicles were destroyed and hundreds of gallons of diesel fuel were spilled Sunday night when a car caught fire in Southeast Roanoke.

The accident happened about 8:30 in a gravel lot at the corner of Fourth Street and Albemarle Avenue.

A man who works for Bumpers Towing was trying to start a rollback truck that was parked in the lot. Joe Lambert, another Bumpers employee, was on his way to help by shining his headlights so the first man could see.

Lambert said that as he neared the parking lot, smoke began to pour out of his white 1992 Mitsubishi Eclipse. He pulled into the parking lot and jumped out of the car.

"It just started smoking," Lambert said. "I didn't know what to do."

Lambert and the other man ran out of the parking lot just as the Eclipse burst into flames.

Roanoke police Officer K.D. Assenat said the car apparently kept moving and crashed into a van and the Bumpers rollback truck, which carried a smaller Bumpers tow truck. All four vehicles were engulfed in flames when fire crews arrived, said Roanoke Fire-EMS Battalion Chief Bobby Slayton. He said a fifth vehicle may have been damaged.

Slayton said the fire spread to some electrical and cable wires above the lot, but that they appeared to be stable.

He said crews were able to put the fire out in about 10 or 15 minutes.

Rodney Graham, who owns Bumpers Towing, said he was storing the two tow trucks in the lot. "It could have been worse," he said. "Somebody could have gotten hurt. The bad thing is that truck's got 200 gallons of diesel fuel in it."

Roanoke police Sgt. J.R. Ratcliffe said a hazardous materials crew was called in to clean up the diesel fuel spilled by the rollback truck before the fuel leaked into storm drains.

Ratcliffe said the two men involved appeared to be fine and refused treatment.

Lambert said he had just bought the Eclipse for his wife, Sandra, two days before Christmas.

"I'll be all right until I get home," he said, "and my wife sees that I'm not driving her car." (Shawna Morrison - Roanoke Times)

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OHIO -- The push to raise the towing fees in Athens may come before Athens City Council again soon, but it won't be before the end of the year.

In late November, attorney William Walker, representing Athens Towing and Recovery, Ohio Rt. 550, spoke before council asking that the towing rates in the city be raised to the maximum allowed by the state.

Currently, the city allows towing companies to charge up to $50 for non-consensual tows. The state allows towing companies to charge up to $90 for these tows.

Walker told council in November that his client is suffering because of the low rates in Athens and that it's not fair or legal to keep the rates at $50.

City Council listened to Walker's argument, and said they wanted to get a legal opinion from city attorney Bill Biddlestone on the matter before going any further.

Council has since received legal advice from Biddlestone, but the members appear to be interpreting the advice differently, and also disagree on what should be done with the towing charges.

Councilmember Ed Baum said that he took Biddlestone's legal opinion as saying basically that the city could be subject to a lawsuit if it does not follow the state statue for fees for non-consensual towings or towings from private lots.

He added that the towing fees do not fall under his committee's jurisdiction, though, and he expects that if the issue comes before council again, it will start in a committee.

Councilmember Carol Patterson serves on council's transportation committee and brought forward the ordinance about three years ago that raised towing rates to their current levels. She said she felt it was right to raise the rates at that time, but she will not bring forward an ordinance to raise them again.

"If someone brings forward an ordinance to raise it, I suppose we would discuss that," Patterson said. "I do not believe I will bring it forward."

Patterson said the hike to $50 three years ago was adequate and fair. "The people involved in the lawsuit or whatever you want to call it (Athens Towing and Recovery) did not ever feel it was fair," Patterson said. "I felt that the other towing companies were comfortable with the legislation to where it was passed."

While other towing companies have been OK with the fees and have not complained, Athens Towing and Recovery has been upset about the fees for the last few years, according to Patterson.

"I thought everyone else was happy with it," Patterson said.

As for Biddlestone's legal advice, Patterson said he did not make a strong statement either way. He just said there could be a lawsuit, but whether or not it would stand up in court remains to be seen.

The ordinance approved three years ago raised the towing fees in increments, so it really has not remained stable, Patterson said. When asked how she would vote on an ordinance to raise the maximum fees to $90, Patterson declined to say how she would vote.

"I'd have to listen to a lot of information before I made a definite decision on that," she said. "I'm certainly not going to be the one to bring it forward."

Councilmember Gary Van Meter, however, suggested that he might introduce such an ordinance.

From what Biddlestone stated, he said, the city could be subject to a lawsuit due to the fees. The fact that the towing company is represented by an attorney already, and is involved with a state organization for towing companies, indicates that the company is seriously considering filing a lawsuit, Biddlestone said.

"At this point, we haven't done anything yet, but we will need to talk about it again," Van Meter said abut the fees. He chairs the transportation committee and wants his committee to discuss the matter again, probably after the first of the year.

"I don't think anybody wants to see it get raised," Van Meter said about the towing fees. He added, however, that the city may be forced to raise the fee.

"If it is inevitable that we may be forced to raise it, I would rather do it without a lawsuit," Van Meter said. He added that council likes to start the new year with a new slate, so he likely will not bring the issue up until the new year.

In a letter to the editor in today's Athens NEWS, James Melville of Athens Towing and Recovery said that towing companies provide a service to people who need to have illegally parked cars towed from their parking spaces or property. The people affected by raising the rates are the people who are parking illegally and are inconsiderate of the property of others, he said in the letter.

"The state of Ohio already has regulation in place for this situation and it's fair. The city of Athens has further regulated the amount (lower) as if it is less expensive to run a business in Athens. All we are asking is that as a business we be allowed to be on the same level as the rest of the state," Melville said in the letter.

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FLORIDA -- When the sign says "Marked Police Vehicles Only," that's what in means; beginning next month, law enforcement officers who park their unmarked cars in the 12 reserved spaces on the south side of the court house may return to discover their cars have been towed away.

Responding to a request from Chief Circuit Judge Charles Curry, Bartow city commissioners passed on first reading an ordinance authorizing the city to have vehicles towed if they are parked in spaces reserved for marked police vehicles. The ordinance is intended to be applied to the 12 parking spaces next to the court house, City Mgr. Joseph J. DeLegge said.

Curry told him that judges were concerned that a car bomb could be parked next to the building by a terrorist.

While the ordinance allows the removal of any vehicles except a marked police car, the biggest problem is with unmarked law enforcement vehicles, DeLegge said. The towing and storage of cars "will be at the owner's expense," under terms of the ordinance.

A public hearing will be held on the ordinance when it is considered on second reading on Jan. 6.

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TENNESSEE -- The streets of Chattanooga were lined with young and old alike to participate in the annual Night Light Parade, which, because of construction, was re-routed down Broad Street right in front of the International Towing & Recovery Museum.

Tow Operator George Connolly from Colorado, Jerry Bullock of Jerry Bullock Enterprises in Oregon, and Bill Height, who are all officers of the museum and members of the relocation committee, were in town on business and were able to get a bird's eye view from the windows of the museum.

Frank Thomas, the museum manager, and wife Mildred watched intensely with some of the parents as lights flashed, and sirens blasted the cold wintry air.

The museum sends a special 'thank you' to Doug Yates Wrecker Service who supplied the drivers and equipment to make participation possible, and Pearl Crobaugh (Miss Pearl) who volunteered 6 10-hour days to help Lyndia Thomas, director of Museum operations, with the decorations and preparation of the floats.

This year the preparation was more extensive than ever before because there were four decorated trucks in the parade. One of the earliest Holmes Wreckers dating back to 1919, the Manley Wrecking Crane, and two homemade wreckers, Bubble Nose with a super winch & the Cony with a hydraulic winch.

Connolly's "00" and Scotty's "Manly Crane" are veterans of the parade, while Lancer's Towing's "Bubble Nose" and Rogner's "Little Cony" made their début for the 2002 Christmas Festivities. Each truck was adorned with over 1000 lights.

It is always exciting to see the expression on the faces of children when the trucks go by. Several places along the 10 block route people were standing, clapping, whooping and hollering, with standing ovations when our trucks passed by.

The only thing left to do is prepare for the volunteers from the Center for Creative Arts to arrive January 27th to take off all the decorations for storage. We hope that next year we will be able to exceed this year's event with more excitement and creativity.

Maybe next year you and your family will make plans to travel to Chattanooga and visit the museum. There are many great attractions, and great shopping at all of the malls, warehouse outlets, and many antique shops in town. You could even participate in the Night Light Parade on one of the floats or as an excited spectator.

For more information about the International Towing & Recovery Hall of Fame & Museum visit their website at www.internationaltowingmuseum.org.

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