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State Would Make Tow Operators Work for Free
June 29, 2002 |
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New
Jersey -- Two New Jersey Assemblyman have drafted legislation that would
force tow operators to tow stranded cars with or without payment.
Assemblyman Gordon
Johnson, D-Englewood, who co-sponsored the latest measure with
Assemblyman Matthew Ahearn, D-Fair Lawn, told the North New Jersey News,
"We need to reinforce the principle that human life is more
important than a cash payment"
The legislation stems
from a 1994 traffic accident in which a 28 year old woman was killed
while changing her blown tire on the side of the freeway offramp. A tow
truck stopped and offered to tow the woman's car for $40, but the woman
did not have the money so the tow truck left. Shortly thereafter a drunk
driver lost control on the ramp and hit the woman's car, killing her.
It's not clear whether
the bill would also force hotels/motels to supply free rooms people that
are freezing, or whether McDonalds will have to feed all starving
people. What is clear, is that the New Jersey Legislature is sniffing
glue.
The bill, approved by
the Legislature, now is on Governor McGreevey's desk awaiting his
approval or veto.
The legislation has
three major parts:
1. If a tow truck
driver was called to the scene of a stranded car, or stopped on his own,
he would have to perform necessary repairs.
2. He'd be required to
accept payment in cash or with any credit card normally accepted at his
shop or garage. He also would have the option of accepting checks and
money orders. If a motorist had no way of paying, the tow truck driver
would be allowed (with the car owner's permission) to tow the
broken-down car to his garage, make the necessary repairs, and hold the
vehicle until the bill was paid.
3. Violators would
face a $500 fine for the first offense, and $1,000 for subsequent
offenses.
Return to Headlines |
Two Teens Found Dead in Impounded Car's Trunk
June 29, 2002 |
|
ILLINOIS
-- The bodies of two high school football players from North Chicago
were discovered in the trunk of aa impounded car in Zion Friday, three
days after they disappeared.
The dead teens were
identified by sources and friends of the families as David Mackins, 16,
and Jarreau Patterson, whose 16th birthday was Thursday, the day the car
was discovered. The trunk was not checked until around 1 p.m. Friday.
They were not bound or
gagged, said authorities, who could not provide a motive.
"We were hearing
they were good kids, high school students, churchgoers,'' said Lou
Tessmann, commander of the Lake County Major Crimes Task Force.
The teens were last
seen Tuesday and were reported missing to North Chicago police on
Wednesday.
Officers ran the
license plate of the 1984 Chevrolet Celebrity owned by one of the youths
and found it had been towed by Roger's Towing in Zion, Tessmann said.
The car had been towed
after a family returned home Thursday and saw it blocking their way. It
was parked "dead center'' on a cement bridge over a creek near 17th
and Gilead in Zion, Tessmann said.
They called police to
remove it. No one noticed anything suspicious.
Friday, a North
Chicago police officer was sent out to check the car. The keys were not
in the car, but an odor was coming from it, Tessmann said. A towing
worker popped the trunk and the bodies were found.
At least one teen
appeared to have been shot. Autopsies will be done today.
The two were good
friends and may have been playing basketball together Tuesday, sources
said. Others said they had been looking for summer jobs. They were
reported missing around noon Wednesday.
Both played football
at North Chicago High School. Mackins was to play on the sophomore team
and Patterson, entering his junior year, was going to start as
cornerback on the varsity team, said the head football coach, Mike
Durrah.
Both just completed
the team's football camp. Patterson was following in the footsteps of
his uncle, Jamaal Patterson, who played quarterback and receiver at the
school.
"I had a talk
with Jarreau the last week of football camp," he said. "I said
I felt proud of him because some thought he wasn't mature enough to
start varsity. . . . When I told him he would be starting varsity, his
eyes lit up.
"I saw both of
them Monday," he added. "There was no indication of anything
going wrong." (Thanks Deven)
Return to Headlines |
OPEC Will Not Change Output
June 27, 2002 |
|
The
Organization of Petroleum Exporting Countries said Wednesday it will
leave crude oil output unchanged at 21.7 million barrels a day,
Bloomberg reported.
The price of crude oil
directly affects the price of diesel fuel and gasoline.
Saudi Arabia's oil
minister, Ali al-Naimi, told Bloomberg that the current price is
reasonable and hopefully the cartel will increase its output later this
year.
OPEC also confirmed
Venezuelan oil minister Alvaro Silva as the group's new
secretary-general, replacing countryman Ali Rodriguez in the role.
Return to Headlines |
City Goes After Towing Company Customers
June 27, 2002 |
|
FLORIDA
-- The city of Gainesville voted Monday to create a Citizens' Towing
Advisory Board that will oversee the city's roam towing companies and
address complaints.
Roam towing is the
service of patrolling parking lots and impounding parking violators and
those without proper permits.
The Gainesville Sun
reports that the board would be responsible for fielding complaints
against towing companies, conducting an advertising campaign to educate
the public, and developing a a plan for levying fees on property owners
who use roam towing services.
The city, which found
it had little regulatory power over towing companies due to federal
deregulation, has decided instead to penalize the businesses and
property managers that must use roam towing services to keep their
parking lots usable.
Many property owners
were upset at the idea of having to pay a fee to protect their property
rights.
Business owners say
that without roam towing, their customers would have no place to park
and would do business somewhere else. Property and apartment managers
have a similar problem keeping assigned parking stalls available for
tenants.
Local tow operators,
who have seen operating costs greatly increase in the last two years,
would also like to see the outdated $70 rate cap, established in 2000,
increased to a more reasonable $100.
While the advisory
board will be made up of local residents, it's doubtful that it will include
any towing operators or business owners.
Return to Headlines |
Mayor Promises Jobs for Displaced Tow Truck Drivers
June 26, 2002 |
|
Read
previous related story
Responding
to heavy union and City Council pressure, Mayor Thomas M. Menino
yesterday promised to train 37 tow truck drivers for other city
positions if the drivers lose their jobs as a result of his towing
privatization plan.
In a letter sent
yesterday to AFSCME Council 93 - the city tow truck drivers' union - the
city also promised not to lay off the drivers until the Legislature
decides whether to allow Boston to raise its towing fee, a prerequisite
for moving forward with the privatization plan. City and union
representatives said yesterday that the drivers are guaranteed their
current jobs through fiscal 2003.
''Guys were looking at
losing their jobs in about a week, and we're happy that's not going to
happen,'' union spokeswoman Andi Mullin said.
The city has long
argued that its $12 towing fee - which is far less than the rate in
other cities - isn't enough to cover towing costs. But under a 1968 law,
the city can't raise the fee without Beacon Hill approval. Several
months ago, Menino proposed outsourcing the towing operations as a way
to circumvent the law and save money.
The tow truck drivers'
union and several city councilors resisted the idea, pointing to the
potential job losses and noting that the city started doing its own
towing two decades ago after widespread abuses by private companies.
Return to Headlines |
AAA Spends Millions on Communications
June 24, 2002 |
|
FLORIDA
-- AT&T Corp., the No. 1 U.S. long-distance telephone company, said
on Monday it landed a $138 million contract to provide AAA, the U.S.
roadside assistance and travel organization, with telephone, data and
Internet services.
Under the three-year
agreement, AAA will use AT&T's long-distance, local, toll-free,
teleconferencing, data, Web hosting and Internet services to help reach
its 45 million members.
While AAA is spending
millions on communications, tow operators in Washington state tell us
that they have had difficultly getting AAA to meet with them concerning
a much needed rate increase. The few tow operators that have successfully
met with AAA tell us that AAA flatly refused to increase the rates that
tow operators get paid.
The auto club will use
AT&T's toll-free service to handle travelers' emergency calls, while
virtual private network (VPN) services will allow it to contact towing
companies more quickly and effectively.
Return to Headlines |
City Takes Federal Ruling to Extremes
June 23, 2002 |
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TEXAS
-- The U.S. Supreme Court decided Thursday that states could regulate
towing companies for safety reasons, and could delegate that authority
to local cities and municipalities.
However, the city of
Houston is stretching the definition of safety by requiring tow truck
drivers to obtain permits, licenses and insurance, go through criminal
background checks and work in zoned areas rather than responding to
calls citywide, all based on the guise of safety.
How a special permit,
$500 licensing fee, and limited tow zones will make towing safer is a mystery
only the city knows the answer to.
Another law stripping
wrecker drivers from their constitutional right to carry a gun on the
job may be restored, as can a demerit system that would allow the city
to revoke wreckers' licenses and in effect put towing companies out of
business for repeated violations of the city's regulations.
The Supreme Court
decision in a Columbus, Ohio, case reinstates cities' rights to govern
tow operators for safety reasons. It's still unclear what constitutes
safety. Houston has decided that everything is a safety issue.
In an opinion written
by Justice Ruth Bader Ginsburg, the court ruled Thursday that "a
political subdivision may exercise whatever portion of state power the
state, under its own constitution and laws, chooses to delegate to the
subdivision."
Justices Antonin
Scalia and Sandra Day O'Connor dissented, saying in a minority opinion
written by Scalia that because Congress did not specifically say in a
law regulating tow trucks that the states could delegate their power to
cities and counties, the authority cannot be passed down.
The court remanded the
case to the 6th U.S. Circuit Court of Appeals to determine which
regulations address public safety. Economic regulations are prohibited
under the 1994 Federal Aviation Administration Act, which deregulated
the motor-carrier industry.
Houston officials
reacted immediately to the Supreme Court decision, calling an emergency
meeting for Tuesday of the city's Regulatory Affairs Committee to
discuss reinstating the controversial wrecker laws.
Return to Headlines |
States Can Regulate Tow Trucks for Safety
June 23, 2002 |
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WASHINGTON
D.C. -- The Supreme Court ruled 7-2 Thursday that local municipalities
can regulate tow truck operators for safety reasons, as long as the
authority is delegated by the state.
The case comes out of
Columbus, Ohio.
The Interstate
Commerce Act forbids a "state" or a "political
subdivision of a state" from enacting or enforcing laws that affect
"motor carriers of property" -- including tow trucks.
But the act also says
its ban "shall not restrict the safety regulatory authority of a
state."
Columbus regulates the
operation of tow trucks within city limits by city ordinance.
A local tow truck
operator, Ours Garage, joined by a tow-truck trade association, filed
suit claiming the regulation was pre-empted by the federal act.
A federal judge,
without trial, ruled for the tow truck operators. When a federal appeals
court affirmed, the city asked the Supreme Court for review.
The justices heard
argument in April and handed down their decision Thursday.
Speaking from the
bench for the majority, Justice Ruth Bader Ginsburg said the safety
exception to the act mentions only the "states," not their
political subdivisions.
But it would make
"scant sense" if the political subdivisions could not enforce
safety regulations enacted by the state legislature, Ginsburg said in
trying to determine what Congress meant in the law.
"Most important
to our decision," Ginsburg said, "construing the words 'safety
authority of a state' to exclude localities would yield a determination
at odds with our federal system's traditional comprehension of the
state's historic police powers."
Justice Antonin Scalia,
joined by Justice Sandra Day O'Connor, dissented. Scalia said when the
federal act's safety exception refers to the "safety regulatory
authority of a state with respect to motor vehicles," "it
plainly does not" refer to cities and counties as well.
Thursday's decision
reverses the appeals court and sends the case back down for a new
hearing and ruling based on the Supreme Court's majority opinion.
Return to Headlines |
Tow Operator Sentenced
to Prison
June 19, 2002 |
|
FLORIDA
-- A Boca Raton man whose towing company was used in a car theft and
chop shop operation was sentenced Tuesday to 13 months in prison,
according to the Office of Statewide Prosecution.
James Bonnie, 27,
owner of Bonnie Towing, was charged in early May with three counts of
insurance fraud and five counts of grand theft and operating a chop
shop. He pleaded guilty in the case, without having a sentencing
agreement with prosecutors, and was ordered to pay $38,000 in
restitution.
Bonnie accepted cars
from owners who wanted to get rid of them and collect insurance,
according to prosecutors. The cars were stripped of parts and then
dumped into canals, prosecutors said.
Return to Headlines |
City Steals Impound
Storage From Local Tow Companies
June 19, 2002 |
|
WISCONSIN
-- The city of Hudson will open their own impound lot within the city
limits and make local tow operators tow all impounds to the city's
lot.
The city, which will
charge consumers more then the private companies did, claims they are
not in it for the money but instead are trying to make redeeming an
impounded vehicle more convenient by keeping all impounds in the
neighborhood.
The city finance
committee has approved the new lot which is located on Division Street,
near the school old bus garage.
"We felt a need
for a place to put these vehicles within the community," said
Hudson Police Chief Dick Trende.
"We're not in
this business to make money, just to take care of our business. It's a
way of still holding people accountable and being more accommodating to
them," said Trende.
Those that have had
their vehicles impounded can contact the police dept. to have their
vehicle returned after paying a $25 service charge and $5 for every day
the vehicle was in the lot.
The city claims that
the new lot was built in response to complaints made by citizens having
to travel to other communities and pay high fees to get their vehicles
back, but in most cases, the cost to the owner will be significantly
less than if a towing service had impounded the vehicle.
The most common
impounded vehicles are those that are parked on the wrong side of the
street during snow emergencies. This can account for as many at 30
vehicles per snow emergency. Other vehicles impounded include abandoned
vehicles, those parked in no parking zones, recovered stolen vehicles,
and even vehicles involved in minor crimes.
Vehicles that become
disabled after involvement in an accident are more likely to be towed to
a shop than the impound lot.
The site near the old
bus garage was chosen because a large cement slab already existed. The
city claims that the only cost to the city was to put up a fence around
the property to keep damage from occurring to the vehicles during
impoundment. The cost for the fencing came out of the parking commission
fees.
Return to Headlines |
Diesel Prices Continue to Fall
June 18, 2002 |
|
For
the fourth straight week, the average U.S. price for diesel fell, but
analysts don’t expect it to fall much further.
For the week ending
June 17, the cost for a gallon of diesel dropped more than a penny to
$1.275, down from $1.286.
The modest decline in
price came despite some upward movement in the price of oil. Oil, which
was trading around $24 a barrel, rose to as much as $26 in trading June
17.
While those upward
movements haven’t affected the price towers pay at the pump yet, if
oil prices stay strong, retail diesel prices will follow.
Diesel prices declined
in every region the U.S. Department of Energy tracks but the West Coast,
where refinery issues may have forced the specially formulated
California Air Resources Board diesel higher. CARB diesel is more than
10 cents higher than diesel sold elsewhere. West Coast prices rose half
a penny. Prices were lowest in the South and Midwest.
The outlook for fuel
prices could change dramatically next week when the Organization of
Petroleum Exporting Countries meets to set production levels. The last
major cut by OPEC resulted in a 15-cent swing upward for diesel prices.
But the cartel is expected to leave oil production unchanged because oil
is trading around OPEC’s target goal.
To check diesel prices
in your area go to www.itow.org/fuel.htm.
Return to Headlines |
Towing Pioneer Killed in Apparent Murder Suicide
June 17, 2002 |
|
WISCONSIN
-- A Milwaukee man who fell in love with a woman he met at tow truck
convention, but who later left him, fatally shot the woman, her
6-year-old daughter and her parents on Friday night in southern Ontario
and then killed himself in an apparent murder-suicide.
Ontario police said
that Peter Kiss, 30, of 6020 W. Port Ave., shot his estranged
girlfriend, Shannon Cruse, 23, of Grimsby several times outside her
friend's home about 8:30 p.m. Milwaukee time.
He got into a rented
car, drove to the nearby home of Shannon's parents, forced open the door
and killed the woman's six-year-old daughter and her parents with a
.45-caliber handgun, police said.
Kiss then apparently
killed himself with the gun, according to Niagara Regional Police
Service. Grimsby is located southwest of Toronto.
After driving from
Milwaukee on Thursday, Kiss rented a Ford Taurus in Niagara Falls, Ont.
before driving to Grimsby, police said.
According to police,
Kiss and Shannon Cruse had lived together in Milwaukee at Kiss' west
side home for about eight weeks earlier this year.
The couple had been
engaged and Kiss had given the woman a $20,000 diamond ring, friends of
the woman told Canadian reporters. But the relationship ended in April
and Cruse returned with her daughter, Shaniya, to Grimsby to live with
her parents, Donald Cruse, 57, and Mary Cruse, 53.
The murders shocked
local residents. Murders - and especially multiple slayings - are not
common, especially in southern Ontario, according to Inspector Gary
Watkinson of the Niagara Regional Police.
The police agency
serves a population of 420,000 that sees only three to seven murders a
year, he said.
Police will continue
their investigation, trying to determine how and why it happened and
whether Kiss smuggled a gun into Canada or obtained one after entering
the country.
Donald, also known as
Donnie, Cruse founded WreckMaster Inc. in 1991, a company that provides
training and certification of tow-truck operators. It was during one of
those training sessions in North Carolina that Kiss met Shannon Cruse,
who worked for her father.
Donald Cruse started
WreckMaster after developing innovative ways to clear cars at accident
scenes. The company also holds seminars to train tow-truck operators on
various techniques.
In Milwaukee, a man
who identified himself as the owner of Elite Towing but wouldn't give
his name, said he employed Kiss for about five years.
"I remember, I
sent him to the (WreckMaster) course," the man said. He said Kiss
was intelligent, never missed a day of work and liked to work on cars in
his free time.
Kiss owned his own
business, Affordable Towing, after the leaving Elite, the man said.
Lynn Mand, a neighbor
of Kiss' for 23 years, said Kiss had told her he was planning to move to
Canada and work for Donald Cruse.
Mand and other
neighbors said that Kiss was quiet and close to his mother, Maria, a
Hungarian emigre who lived with her son, but also traveled to Hungary
occasionally, according to neighbors.
"He would do
anything for his mother - Peter was her world," Mand said.
Maria Kiss speaks
little English, and Peter Kiss was fluent in Hungarian, Mand said. He
said Peter Kiss owned a pit bull and gave all commands in Hungarian.
"I am in shock -
I can't see Peter doing this," said Mand, whose own son played with
Kiss when the boys were growing up in this northwest side neighborhood
of neat, low-slung condominiums, appointed with freshly planted flowers.
Court records show
that a woman believed to be a former girlfriend of Kiss sought a
temporary restraining order against him in September 1999. She could not
be reached Saturday.
Another neighbor,
Jasmine Washington, 12, said Kiss showed a temperamental side.
He would become
frustrated with pit bull and treat the dog roughly, she said. Before
Shannon Cruse returned to Canada, Washington said she heard the couple
argue several times and the last time she saw Kiss was Tuesday or
Wednesday of last week. He was red-faced, in a hurry and spun his tires
as he took off around the corner, she said.
Another neighbor,
Richard Boyd, who lived across the street from Kiss, said that he also
heard Kiss and Shannon Cruse argue, but only once.
Boyd described Kiss as
a burly man who he believed was someone "who would stand up to
you," if challenged.
But in the 10 or so
years that he lived across the street from him, Boyd said that Kiss was
quiet man who stuck to his business.
Return to Headlines |
Tow Truck Driver Winched-Out Murder Suspect
June 17, 2002 |
|
CALIFORNIA
-- A tow truck driver Thursday testifying in the murder trial of a man
accused of kidnapping and killing a 7-year-old girl said he helped
Westerfield free his motor home after it got stuck in the desert and
once heard a suspicious sound -- possibly a voice -- over engine noise.
Tow truck driver Dan
Conklin, told jurors that he was helping David Westerfield dig his motor
home out of a remote desert location where it had become stuck in the
sand the morning of Super Bowl Sunday, February 3.
Westerfield is accused
of kidnapping Danielle van Dam from her bedroom on February 1, killing
her and dumping her body along a desert road where it was found nearly a
month later. If convicted, he could face the death penalty.
The motor home,
Conklin said, was "closed up -- covered." Westerfield appeared
in a hurry, he testified.
"I was digging on
one side -- I believe he was on the other side digging and I thought he
had made some comments to me," Conklin told the court. "I just
heard what I thought was a voice, you know -- and it would have been him
because we were the only two people there -- say something. So then I
walked over and said, 'What?' and he just shook his head.
"And I don't
remember the exact words, but it was, 'I wasn't talking to you' or 'I
didn't say anything.'"
"Are you sure you
heard voices?" San Diego County Prosecutor Jeff Dusek asked.
Conklin replied that
he "thought I heard somebody say something."
"You thought only
two of you were there?" Dusek continued.
"There was only
two of us there at that time," Conklin replied.
"Did you ever get
inside that motor home?" Dusek asked.
"No,"
replied Conklin.
On the morning in
question, Conklin a motorcyclist dropped by his shop to tell him someone
was stuck in the desert and needed help. When he got to the location, he
found the Westerfield's motor home a quarter-mile off the roadway, mired
in sand, Conklin said.
Conklin said
Westerfield seemed to be in a hurry. After the motor home was
successfully unhooked and free, Westerfield was on his way
"immediately," not even stopping to retrieve a set of portable
levelers he had left behind, the tow driver said.
Under questioning by
defense attorney Steven Feldman, Conklin admitted Westerfield seemed
"more put out than nervous."
Also testifying
Thursday were several witnesses who observed the motor home on Saturday,
February 2, when it was briefly at the Silver Strand State Beach
Campground in San Diego, as well as two park rangers and a campground
volunteer.
Park ranger Brian
Neill testified that Westerfield had overpaid the campground fee and he
went to return it to him. He observed the motor home to have the
"curtains drawn" and "all closed up,"
Neill said he was
about to leave when Neill opened the door, walked to the front of the
motor home and accepted a $30 overpayment. (Thanks Tom)
Return to Headlines |
Tow Truck Driver Gets Home Detention for ID Fraud
June 15, 2002 |
|
VIRGINIA
-- A Manassas man will serve six months of home detention for ID fraud
that was discovered after he inadvertently drove a tow truck too close
to the Pentagon, prompting a terrorist scare.
In February, Imad
Abdel-Fattah Hamed inadvertently drove a tow truck onto a highway that
runs near the Pentagon. The road was closed to commercial vehicles after
the Sept. 11 attacks.
The incident occurred
just hours after the FBI had issued a warning about terrorist attacks.
When Hamed and a passenger were discovered to have multiple
identification cards, they were arrested and Hamed was held in jail for
five days before authorities determined he was not a terrorist threat.
On Friday in
Alexandria, U.S. District Judge James C. Cacheris sentenced Hamed to six
months of home detention, with work release, for one count of ID fraud.
Hamed admitted at a plea hearing last month that he had fraudulently
obtained a second driver's license from the Virginia Department of Motor
Vehicles in July 2001 using the name Imad Nimer.
Prosecutor John Morton
had asked the judge to impose one month of jail time and five months of
home detention, but defense lawyer Michael Hadeed successfully argued
that no further jail time was needed.
"He has already
tasted what jail is like,'' Hadeed said, referring to the five days
Hamed was detained after his arrest. ``He suffered a lot of
embarrassment, and he has already paid a price.''
After the hearing,
Hadeed said his client has been treated fairly by prosecutors, but said
that ``certainly at the outset, I guess if it had been someone other
than an Arab-American, it would have made a difference in terms of
suspicion.''
Hamed "just took
a wrong turn'' on the confusing network of highways surrounding the
Pentagon when he was arrested in February, Hadeed said.
Hamed, a naturalized
U.S. citizen, apologized to the court for his actions.
"I put my whole
family in this bad situation,'' Hamed said.
The passenger in the
tow truck - Sultan Rasheed Al-Zaabi, 23, a Virginia resident but a
citizen of the United Arab Emirates - pleaded guilty in March to a
single count of document fraud and received a year of probation. (Thanks
Mark)
Return to Headlines |
International and
Ford to Introduce Truck in 2004
June 13, 2002 |
|
International
Truck and Engine will produce a new a low-cab-forward entry in the Class
3-5 market, said Steve Keate, truck group president, in a June 12
interview.
The truck, to be
available in 2004, is a product of the International-Ford joint venture
signed last year. It will have a new International diesel engine, but
Keate declined to give details about it.
The truck will come
with a modified Mazda cab and be assembled at an International plant in
Mexico. It will be badged separately as both an International and a Ford
product, said Keate.
“There are some
features within the vehicle that are being developed that we think are
going to give us a product performance advantage,” Keate said. “We
are very much focused on the powertrain, for instance. We think there is
an opportunity to leapfrog the market. We are focused on the development
of an International diesel engine that will meet the needs of this
particular area of the market, as well as an existing transmission from
the Ford system.”
Keate said
International expects growth to continue in the Class 3-5 market,
especially with urban pickup and delivery.
Return to Headlines |
Council Delays Action on Towing Fee Increase
June 13, 2002 |
|
Read
previous related story
VIRGINIA
-- The Virginia Beach City Council voted Tuesday to delay action on a
proposal to raise a range of towing fees, saying the issue needed more
study.
The city's Towing
Advisory Board recommended the fee increases, saying the current rates
have not kept pace with rising business costs. But towing is a prickly
issue for a resort city worried that aggressive towing could discourage
visitors, especially at the Oceanfront.
Under the plan, the
basic towing fee for an illegally parked car would rise to $85 from $70.
Other recommendations
include increasing the fees towing companies charge for storing
vehicles, to $20 a day from $12.
Council member Robert
Mandigo, who doesn't trust towing companies, and said he wants more
information about how the city monitors the tow companies' storage lots
to ensure proper business practices and compliance with city
tax-assessment laws.
Council member Rosemary Wilson said she could not support raising fees
unless the city establishes a process to field and investigate
complaints of improper towing practices.
The council will
revisit the issue July 9. (Thanks
Rick)
Return to Headlines |
157,000 Dodge Ram Pickups Recalled
June 12, 2002 |
|
MICHIGAN
-- DaimlerChrysler announced Friday that it is recalling more than
150,000 Dodge Ram pickup trucks because of axle and engine problems.
The automakers
Chrysler Group issued a recall of approximately 111,000, 1997 and
1998 Dodge Ram 2500 and 3500 pickups with diesel engines. Some of these
trucks may be in towing service. A fitting inside the engine compartment
could corrode when exposed to road salt during winter months in cold
weather states, Chrysler said.
Dealers will install
new fittings in the engine compartment with better corrosion protection.
The automaker also
recalled about 46,000 2002 Dodge Ram 1500 pickups after discovering a
potentially weak weld on a rear axle bracket. The company said in a
statement Friday that it had not received any complaints, and that the
problem affects long-term durability.
Dealers will install a
replacement bracket for free.
Return to Headlines |
Hino to Build Trucks in California
June 12, 2002 |
|
Hino
Motors of Japan announced June 6 it will assemble medium-duty commercial
panel trucks for the North American market at a Toyota manufacturing
facility in Long Beach, Calif.
Hino’s first U.S. manufacturing operation will begin production in
2004, with 4,000 trucks expected to be built in the first year.
The Hino facility is expected to locate in an existing area of the
plant, which currently produces truck beds, catalytic converters and
other equipment for Toyota vehicles. The company will invest
approximately $3 million for equipment installation.
Return to Headlines |
Council Expresses Distain For Private Towing
June 12, 2002 |
|
Read
previous related story
MASSACHUSETTS
-- Boston city councilors are poised to kill Mayor Thomas M. Menino's
plan to shut down Boston's in-house towing operation and put the city's
illegally parked cars in the hands of private companies.
The council's unusual
stand against a mayoral initiative stems from their unfounded distain
for the towing industry and won't benefit the public or save them the
$75 towing fee the mayor wants.
Spiteful Councilors
are willing to approve a six-fold tow fee increase in exchange for
keeping the in-house operation open. But the council promises not let
towing companies charge a fair rate should the towing go private.
"If you
privatized, we're not going to support the $75 fee,'' said District
Councilor Paul J. Scapicchio of East Boston, adding that with
privatization off the table the fee hike will get the union support it
needs to pass the City Council and the state Legislature.
"I'm disappointed
in that because the $2 million we (would have saved) will have to come
out of other city departments,'' Menino said.
Return to Headlines |
Average Diesel Price Drops Below $1.30
June 10, 2002 |
|
The
national average price for a gallon of diesel fell 1.4 cents to $1.286
for the week ending June 10, the largest decline in eight weeks. Diesel
prices are at their lowest since March 25.
Prices declined across the board, but towing operators on the West Coast
are spending more per gallon than in any other region.
According to the U.S. Department of Energy, prices have swooned because
demand for gasoline and diesel has been weaker than analysts expected,
especially for the Memorial Day weekend. But analysts caution that peak
demand for fuel usually hits later in the summer, triggering higher
prices.
Analysts are now eyeing a late June meeting of the Organization of
Petroleum Exporting Countries. Although the oil cartel is not expected
to change its current output of oil, a production cut in December by its
member countries drove fuel prices upward 15 cents. Currently, oil is
trading below the ideal price OPEC wants.
The current price of diesel is 20 cents less than in the same week one
year ago.
For
current diesel prices in your area, go to www.itow.org/fuel.htm.
Return to Headlines |
City Wants Towing Company Out of Business
June 10, 2002 |
|
MINNESOTA
-- Citing concerns over the appearance of the business, the Brainerd
City Council revoked Peterson Towing's conditional use permit at the
June 3 meeting, supposedly making it illegal for the 20-year-old
business to tow cars to its storage lot on Buffalo Hills Lane.
Peterson's Towing has
a 8 foot tall fence around the entire business that blocks all views of
the inside.
Peterson Towing will
contest the decision in court, arguing that because the permit doesn't
apply to Peterson Towing since the business existed there before the
land was annexed into Brainerd, said Steve Qually, attorney for Clarence
Turner owner, of Peterson Towing.
"We really don't
think it matters if the conditional use permit is there or not because
Peterson Towing is a legally non-conforming use," Qually said.
Qually said Turner was
aware his conditional use permit might be revoked June 1, but he didn't
know it was on the agenda at the June 3 meeting.
At a February city
council meeting, council members gave Turner until June 1 to meet the
conditions under the permit or the permit would be revoked.
Brainerd City Attorney
Tom Fitzpatrick said he sent a letter June 4 to Turner via his lawyer
stating the storage yard could no long receive vehicles as of June 7. He
could have the vehicles towed to another location that is appropriately
zoned.
"It is expected
to stop operation out of that location because it does not have a
permit," Fitzpatrick said.
The city of Brainerd
contracts its towing services with Peterson Towing. Part of the towing
contract states the towing service must meet all zoning requirements.
According to the letter, Turner had 24 hours to notify the city where
the business would tow the vehicles that was lawfully zoned. But Turner
informed the city that he has no plans to comply with the seven
conditions and has no other location to tow the vehicles so the city has
stopped using Peterson Towing, Fitzpatrick said.
The contract was
scheduled to be re-bid June 30 and the city is using Four Seasons Repair
and Towing until a new contract is made, Fitzpatrick said.
Turner estimated
Peterson Towing earns more than $30,000 per year from the city's
contract, Qually said.
In 1991, Fred
Peterson, who owned Peterson Towing at the time, consulted city
engineers to rezone his property and apply for a conditional use permit
so he could expand his business. The conditional use permit was granted
and the land rezoned in 1991. According to Brainerd City Council
minutes, Peterson agreed to meet the conditions by July 1, 1992.
The conditions
include: 1) All areas of the storage area be paved. 2) All parking and
drive areas be paved. 3) No vehicle be parked outside the storage area
for more than 48 hours. 4) A 40 foot easement for roadway and utilities
on the north side of the lot be deeded to the city at no cost. 5) A
screen fence at least eight feet high and 95 percent opaque be built
around the storage yard. 6) One inch diameter deciduous trees, 30 feet
tall in the center be planted within the boulevard 7) No building permit
be issued until rezoning was finalized.
"None of the
conditions were adhered to," Brainerd City Engineer Jeff Hulsether
said.
Over the years, houses
have been built near the property and residents have complained to the
city about the towing business.
"There's concern
and there's always been concern from the neighborhood," Fitzpatrick
said.
Some neighborhood
residents have been fighting to get Peterson Towing moved from their
neighborhood for 10 years.
Yibby Knudsen lives
across the street from Peterson Towing and said he paid less for his
condominium two years ago because of the view of the business. The dust
and noise from the business also pose a problem for Knudsen, he said.
"I was pretty
sure we were going to be able to get rid of them when we moved
here," he said. "I'd like to see them gone immediately,"
The storage yard also
poses a concern about safety for neighbors because vehicles that have
been involved in crashes are stored there, he said.
Knudsen said he is
concerned about possible pollution from the wrecked vehicles that are
towed to the storage lot. Many leak oil, radiator fluid and antifreeze,
he said. (Thanks Kevin)
Return to Headlines |
Strike Continues at Ontario Navistar Plant
June 8, 2002 |
There
is no sign that talks between truck maker Navistar International Corp.
and the Canadian Auto Workers union will resume any time soon, Bloomberg
reported Friday.
Workers at the Chatham, Ontario plant walked out June 3 after their
contract with Navistar expired and an agreement could not be reached on
a new one. They remain on strike and the plant remains idle.
Navistar is seeking $14 million in cost cuts at the plant, a company
spokesman said. The CAW told the company that it will not resume
negotiations with the company until Navistar drops demands for wage and
other concessions, Bloomberg reported.
Bloomberg said that Navistar has leverage in the strike because they
have ramped up heavy truck production at their Escobedo, Mexico plant.
Workers in Mexico make only $4 an hour while workers at the Chatham
plant earn $32 an hour and make $42 an hour at Navistar's plant in
Springfield, Ohio.
Return to Headlines |
National Truck-Only Toll Lanes Proposed
June 8, 2002 |
|
A
nationwide network of toll truck lanes separated from car traffic would
cause a sharp drop in car-truck accidents and cut U.S. trucking costs by
up to $40 billion per year, according to a report released June 6 by the
Reason Foundation, a Los Angeles-based think tank.
The long-distance,
inter-city toll “truckways” would be added to existing interstate
highways, and separated from car traffic by concrete barriers. The
truckways would also have their own entrance and exit ramps. This may
have an effect on recovery methods for truck accidents since the
truckways would be smaller then the regular freeway.
The American Trucking
Associations said the proposal is an "innovative approach" and
contains many promising features, including the fact that trucks would
not be subject to double taxation; truckers would not have to pay
federal and highway user fees on top of the truckway tolls. ATA also
said separating car and truck traffic could significantly improve
highway safety, since 70 percent of fatal car-truck crashes begin with
the actions of the car driver.
The report says these
truck-only lanes would allow the use of larger trucks, saving billions
in trucking costs. Tractor-trailer combinations (doubles and triples)
that weigh more than 80,000 pounds would be allowed on the toll
truckways. Such trucks are currently allowed in some Western states and
turnpike states. In states where they are not permitted, these heavier
tractor-trailer combinations could travel in the truckways and be
assembled and disassembled in nearby staging areas, allowing
conventional combinations to make use of local freeways at existing
weight and length limits.
Rather than making
taxpayers foot the bill, construction and maintenance of the truckways
would be financed by toll revenue bonds, backed by projected toll
revenues. Tolls would range from 40 to 80 cents per mile, said Robert
Poole, director of transportation studies at Reason Foundation and
co-author of the report.
U.S. House
Transportation & Infrastructure Committee Chairman Don Young,
R-Alaska, and the National Safety Council are among those expressing
support for the toll truckways concept.
Return to Headlines |
R.I. Gov. Vetoes 2-Cent Fuel Tax Hike
June 7, 2002 |
|
Rhode
Island Gov. Lincoln Almond vetoed a proposed budget Thursday that would
have included a 2-cent diesel and gasoline fuel tax increase.
Almond called the budget "a fiscal nightmare" and a
"policy disaster" and criticized it for what he called $200
million of overspending, along with the fuel tax hike.
Almond called on the Legislature to reconvene before June 12 to
reconsider the budget. The Senate passed the budget May 31. The spending
plan gained House approval May 29.
A two-cent fuel tax hike would increase Rhode Island's levy on diesel to
31 cents per gallon, the highest in the nation. Pennsylvania's 30.9-cent
fuel tax is currently the most expensive, the Department of Energy said.
(Thanks Eric)
Return to Headlines |
Hyperdrive Touted as Fuel Saver For Trucks
June 6, 2002 |
|
Hyperdrive,
a gasoline-electric hybrid powertrain system, is being touted as a major
fuel saver for vehicles – especially light and medium trucks up to
20,000 lbs. GVW.
Gaithersburg, MD-based
Paice Corp. says dynamometer and computer testing of its Hyperdrive
system shows that it could cut fuel consumption in pickups by 36% and in
SUVs by 57%.
Paice presented data
for a Hyperdrive system in a U.S.-model SUV of 3,860 lbs. with towing
capacity of 3,500 lbs. The Hyperdrive system with a 2.0-liter
four-cylinder engine was compared to a current SUV with a 3.0 liter V-6
and a four-speed automatic transmission.
In the SUV, the
Hyperdrive's fuel economy was 40 mpg on the EPA city cycle and 38 mpg on
the highway cycle, for a combined rating of 39 mpg. The comparison SUV
ratings were 20 city, 31 highway, and 24 combined.
Vehicle performance
also improved, Paice says. The Hyperdrive-equipped SUV could accelerate
from zero to 60 mph in 7.4 seconds, compared to a gasoline-only SUV's
acceleration of 10.8 seconds.
Return to Headlines |
Company Introduces Driveshaft Balancing System
June 6, 2002 |
|
Sun-Tech
Innovations, known for its Balance Masters Active Balancing System for
truck wheel and tire assemblies, now makes a system for driveshafts.
This active balancing
system has been engineered to fit most heavy-duty trucks. Balance
Masters are mounted at the end of the driveshaft, approximately 1 to 4
inches from either end. The system uses liquid metal (mercury)
technology and works by centrifugal force to help increase bearing life
and reduce running vibrations up to 50 percent, and it’s
maintenance-free, says the company. The system works at all speeds while
you drive and is not affected by temperature or weather extremes.
The company has also
announced that its Balance Masters self-adjusting wheel balancing
products are now available for almost all classes of medium and
heavy-duty trucks. The system stops tire cupping and increases tire life
up to 50 percent or more at all speeds, says the company. The system is
a simple bolt-on part that mounts behind the wheel next to the brake
drum on steering axles, or between dual wheels.
Return to Headlines |
Servicing an International Truck Just Got Easier
June 5, 2002 |
|
ILLINOIS
-- From the company that introduced the Industry’s First High
Performance Trucks™, comes a Web-based service solution that provides
a comprehensive suite of services, background information and bottom
line value for International® truck customers.
The (International
Service Information Solutions (ISIS)) is a user-friendly Microsoft
Windows-based program that gives fleet owners and technicians a world of
information at their fingertips, including: original service manuals and
updated bulletins, campaigns, newsletters, operators', manuals, warranty
coverage and coding manuals, new vehicle processing manuals and standard
repair time information. Previously available exclusively to
International dealers and employees, International fleet owners and
technicians now have access to the ISIS system through a paid
subscription from their International dealer.
By simply typing in a
vehicle’s VIN number, technicians will have access to a library of
service and repair information about their truck. Because this
information is just a click away and maintained in real time,
technicians will be able to pinpoint maintenance problems faster,
thereby minimizing downtime.
“We design our
trucks to anticipate our customers’ needs throughout the life-cycle of
their vehicles,” explains Steve Keate, president, truck group,
International Truck and Engine Corporation. “Our commitment to our
customers is to provide the best service solutions, such as Fleet ISIS™
Home Page, which help keep an International truck on the road and
improve our customers’ profit margins.”
ISIS was originally
developed in 1998 by the Service Publications department at
International to provide International dealers and employees technical
bulletins in a timely manner. ISIS, which receives nearly one million
hits per month, includes service repair information in five areas:
model, component group, feature code, vendor and engine. Technicians and
fleet owners can also access warranty date information, the origin of
the vehicle, the previous owner and the vehicle service contract.
“Being able to
access original warranty and service information is especially useful
for used truck owners, because many service manuals become lost over
time and the new owner of the truck won’t receive the updated
technical information they need,” says Keate. “Fleet ISIS™ Home
Page connects a truck owner with a multitude of updated information, not
only about the truck’s history, but the recorded history of all the
truck’s components, which eliminates the guessing game when it's time
to service or sell your vehicle.”
For more information
on how to access Fleet ISIS, speak with your International dealer. To
find an International dealer near you, visit www.InternationalDelivers.com.
Return to Headlines |
Man Dies in Accident With Tow Truck
June 5, 2002 |
|
OREGON
-- James A. Mcallister, 22, of Portland died Sunday at OHSU Hospital
from head injuries sustained in a traffic accident with a tow truck
March 16, according to the state medical examiner's office.
Mcallister was a
passenger in his two-door 1999 Acura driven by a friend, Roberto
Garcia-Maciel , 20, of Portland. The two had been at a bar and
Garcia-Maciel was more able to drive, said Sgt. Brian Schmautz, a
Portland Police Bureau spokesman.
Garcia-Maciel was
driving south on Southeast 143rd Avenue about 1:45 a.m. and ran a stop
sign at Powell Boulevard, colliding with a 1998 Chevy tow truck from
Century Towing traveling east on Powell, police said.
The truck driver,
Brandon J. Longanecker, 24, of Gresham, was not seriously hurt.
Garcia-Maciel was
treated at OHSU Hospital and arrested on accusations of driving under
the influence of intoxicants, assault, criminal mischief and driving
while suspended, Schmautz said.
The case will be sent
to the Multnomah County district attorney's office.
Return to Headlines |
Average Diesel Price Falls Slightly
June 3, 2002 |
|
The
average price of a gallon of diesel fell eight-tenths of a cent to $1.30
for the week ending June 3. According to the U.S. Department of Energy,
diesel prices fell slightly in every region of the country except New
England, which reported no change. The Gulf Coast saw the largest dip,
with the average gallon falling 1 cent to $1.273.
Fuel analysts say current supplies are ample, but demand in the United
States for oil is outstripping imports. With demand expected to increase
as summer travel picks up, economists with the DOE said oil prices are
likely to rise, resulting in higher fuel costs for tow operators and
fleets.
Still, diesel prices are considerably lower than they were during the
same period in 2001. Last year, tow operators paid an average of 21
cents more at the pump.
For
diesel prices in your area go to www.itow.org/fuel.htm.
Return to Headlines |
NHTSA Mandates Tire Pressure Sensors
June 3, 2002 |
|
Late
next year, automakers will be required to begin installing systems in
passenger cars and light trucks that warn drivers when their tire
pressure is too low.
The National Highway
Traffic Safety Administration ruled Thursday that automakers must offer
one of two competing methods for tracking tire pressure.
The direct-monitoring
method observes the pressure of all four tires and is considered to be
the more accurate of the options. The indirect method uses the antilock
braking system (ABS) of a vehicle to measure the rotation of all four
tires, and if the speed of any one is significantly different from the
others, the driver would be alerted.
In the past, NHTSA
officials have gone on record in favor of the direct system. But
automakers have said an indirect onboard system for measuring vehicle
tire pressure could be safer and cheaper in the long run.
"The indirect
system gets the job done and does have some cost benefits," said
Gloria Bergquist, spokeswoman for the Alliance of Automobile
Manufacturers, a Washington, D.C., industry trade group.
The cost of installing
the indirect tire monitoring system is about $13 per vehicle compared
with about $79 for the direct method, according to NHTSA estimates.
Experts say low tire
pressure can cause tread separation. The NHTSA rule is expected to
reduce crashes.
NHTSA was required to
come up with a tire-monitoring rule under the Transportation Recall
Enhancement, Accountability and Documentation (TREAD) Act, which
Congress passed in 2000 in response to the recall of 6.5 million
Firestone Wilderness AT, ATX and ATX II tires.
General Motors Corp.,
which offers both systems in many vehicles, suggests the indirect system
is more flexible for equipping its fleet.
"We like them
both, but we favor the indirect method because it can be supplied to
more cars, more quickly," said Jay Cooney, director of safety
communications at GM. "About 82 percent of our fleet has ABS
standard, so it will be very easy for us to implement this equipment
very quickly."
Nonetheless, the
federal government will require that all cars, trucks and sport-utility
vehicles that weigh 10,000 pounds or less be equipped with one of the
two options through Oct. 31, 2006.
The new rule will also
require automakers to gradually phase in the number of vehicles that
have the tire-pressure monitoring systems.
According to the
federal standards, 10 percent of a company's cars and light trucks must
have one of the monitoring options installed starting in November 2003.
That figure increases to 35 percent during the second year and 65
percent during the third year.
What happens after the
third year will be determined by the second part of the NHTSA rule,
which is expected to be released by March 2005. Starting in November
2006, all passenger cars and light trucks will be required to comply
with the requirements in the second part of the NHTSA rule.
It appears that NHTSA
is leaning toward making automakers fit their vehicles with direct
tire-pressure monitoring systems after March 2005, according to the
report. But it is possible that new information may justify the
continuation of both options.
Return to Headlines |
Missouri Votes in August For Fuel Tax Increase
June 3, 2002 |
|
MISSOURI
-- Missouri Residents will vote August 6 on whether to approve a 4-cent
fuel tax increase, the St. Louis Post-Dispatch reported.
The 4-cent increase
would boost the state’s diesel tax from 17 to 21 cents per gallon.
Missouri estimates that the tax increase, along with a half-cent sales
tax hike, would generate more than $400 million in funding for state
transportation projects, according to the report.
Gov. Bob Holden also
signed a bill making permanent a 6-cent-per-gallon fuel tax that had
been scheduled to expire in 2008, the report said.
While most truckers
can simply buy fuel in neighboring states before passing through, towing
companies based in Missouri will be stuck paying higher prices for the
diesel fuel that powers their fleets.
This price increase
will have to be passed on to the public in the form of higher prices for
towing.
Return to Headlines |
City Considers Raising Towing Fees
June 3, 2002 |
|
VIRGINIA
-- The city of Virginia Beach Towing Advisory Board, which includes
members of the towing industry, has recommended raising a range of
towing fees, saying the city-regulated rates have not kept pace with the
tow companies' costs of doing business.
The fee for the most
common tow -- removing an illegally parked car from a private lot or
from public property -- would increase to $85 from $70.
To gain approval,
industry officials say they are willing to be more accountable for their
practices, which have drawn complaints as being too aggressive or
legally suspect.
Representatives of
several of the largest tow companies support a plan to create a formal
process by which the city could field and investigate complaints of
improper tows.
"I would welcome
it," said Larry LeMasters, customer service manager for Affordable
Towing & Recovery. "We try to run an upfront business; we have
nothing to hide."
City Councilman-elect
Richard A. Maddox, an advisory board member who runs two Oceanfront
Dairy Queens, has an agreement with a tow company to patrol his 17-space
lot at Atlantic Avenue and 17th Street. He said the towing industry
provides a valuable service by helping merchants keep their lots open
for customers, but agrees the city must do a better job of policing the
industry.
"Right now, we
don't have a checks and balance in place to make sure there's not
abuse," Maddox said.
A recent analysis of
city records by The Virginian-Pilot showed that one-third of the 13,791
vehicles towed in 2001 for being illegally parked in private lots were
pulled from businesses along Atlantic and Pacific avenues, the resort's
two major thoroughfares. More than 1,000 were lifted from two lots --
the McDonald's and Wendy's restaurants on Pacific, the Beach's top two
likeliest places to get towed.
In addition, the
city's police department authorized 12,730 tows for cars parked
illegally on public property and to clear accident scenes. Add in
another 2,134 tows for repossessed cars, and towing companies toted off
28,655 vehicles last year -- at $70 a pop, a haul worth more than $2
million.
The council is holding
a 6 p.m. hearing Tuesday at City Hall to give the public a chance to
weigh in on the towing-fee increases.
The changes also would
hike the daily storage fee on towed cars to $20 from $12, allow
companies to tow cars to the nearest lot, even if outside the city
limits, and restrict owners' access to towed cars to day-time hours
after the first 24 hours.
Mayor Meyera E.
Oberndorf worries that hiking towing rates could give the resort a
"black eye, and said the city does not actively enforce existing
city codes that regulate the industry.
For instance, the city
requires that businesses post their parking lots with signs warning of
towing, but the city checks for compliance only if a towing victim
complains, officials in the police department and city attorney's office
said.
"I was hoping we
could take a more holistic approach," Oberndorf said.
Tow company officials
said the industry gets a bad rap for doing its job. While nobody likes
getting towed, they said, Beach businesses clamor for their services,
especially at the resort, where parking is at a premium.
They said the rate
hikes are justified because their costs keep rising, from liability
insurance to fuel and labor costs. Neighboring cities, including
Chesapeake, Hampton, Norfolk, Portsmouth, Suffolk and Williamsburg,
already allow tow companies to charge $85 for a basic tow.
"We're not
greedy," said Ernie Cooper, who operates Aristocrat Towing.
"We deserve to make a fair profit for the services we
provide."
Some city officials
caution against over-regulation. Creating a formal complaint system
could bog down police with investigating gripes typically handled
between a private business and its customers, they warn.
"There's no clear
line between a complaint that a tow truck operator has violated a law
vs. doing something that annoys someone or that someone thinks is
unfair," said Kathy Rountree, an assistant city attorney who believes
the city can completely regulate the towing industry. "Under state
law, we can regulate the industry, but if I've got a complaint about a
business like Sears, I can't go to the police about it." (Thanks
Tim)
Return to Headlines |
Judge Says Cops Can Tow Junk
June 1, 2002 |
|
LOUISIANA
-- Junk vehicles can be towed from private property if the owner has
been cited previously for violating Baton Rouge's ordinance against
them, a federal judge ruled Thursday.
U.S. Magistrate Judge
Docia Dalby decided the policy of police going into open yards to
enforce the ordinance in East Baton Rouge Parish is legal.
Dalby's ruling turned
away a challenge by a Baton Rouge man who sued the city-parish claiming
the ordinance violated the Fourth Amendment's clause against
unreasonable search and seizures.
Police spokesman Cpl.
Don Kelly said officers have continued to enter open yards and driveways
to have cars towed, despite the lawsuit.
"It doesn't have
any impact on our operation at all," Kelly said. "We're glad
the court ruled the way it did, though."
Edward Grady Partin,
Leroy Bosley's attorney, said he was disappointed, but would not appeal
the ruling.
"The appeals
courts take so long and drag out," Partin said Thursday. "I'm
not going to do it."
The ordinance allows
police to have a vehicle determined to be abandoned or "junk"
removed as a hazard 15 days after the owner has been given a citation.
The vehicles are
impounded and the owners are responsible for the towing fees.
"There is no
evidence presented here that the city-parish ... arbitrarily enters
abatement orders or declares that vehicles are nuisances without
applying underlying standards," Dalby wrote.
Police towed a truck
from Bosley's driveway on Amarillo Street in May 2000, about six months
after giving him a citation for violating the ordinance.
Dalby ruled there is
no question the truck was junk. It had a broken windshield and parts of
the engine were scattered about when a police officer saw it a second
time.
"There is a
dispute, however, over whether walking up the plaintiff's driveway and
having the truck towed constituted an unreasonable search or seizure
under the Fourth Amendment," Dalby wrote.
Bosley argued that,
because the truck was clearly on his property, the police officer who
walked up the driveway and had the truck towed illegally seized it.
Parish attorneys said
the law was constitutional and the actions of the officer were
reasonable.
In this case, Bosley
couldn't show that the ordinance falls outside the city-parish's police
power to deal with potential hazards and targets for vandalism, Dalby
wrote.
"Even the
plaintiff's own testimony that his truck was vandalized supported part
of the rationale behind the statute: Junk cars invite plundering,"
Dalby wrote.
Both Bosley and the
city-parish agreed to let Dalby decide the case and waive a ruling by a
U.S. District Court judge.
In May 2001, the
police stopped going into enclosed back yards while the Parish
Attorney's Office studied the issue, Kelly said.
That policy is still
in effect because the issue was not addressed by Dalby's ruling, Kelly
said.
The assistant parish
attorney who handled the Bosley case, James Hilburn, was out of town
Thursday and unavailable for comment. (Thanks
Kevin)
Return to Headlines |
Dallas is Sued by Towing Company
June 1, 2002 |
|
TEXAS
-- The city of Dallas claims many stolen cars are ending up in one tow
yard and it claims cars are being held hostage for thousands of dollars.
Sylvia Hernandez's car
was stolen ten months ago. but now Hernandez has been notified that her
1995 Neon has been sitting on an impound lot.
Vehicle Recovery
Corporation says she now owes them more than four thousand dollars for
storing her car. Hernandez only paid one thousand dollars when she
bought the vehicle.
Dallas police tried to
intervene on Hernandez' behalf and get the car returned for free, and
that's when the towing company sued the city.
City Attorney Madeline
Johnson claims this is exploitation, and the city is trying to protect
the rights of other citizens, "Essentially you have a company
preventing us from uncovering stolen cars and preventing owners from
getting their property back." but VRC attorney James Mosser says
his client did nothing wrong, and towing companies often recover stolen
cars after they've been dumped on private property.
But if car owners
can't afford to pay the fees, then the towing company can auction off
the car. There is now a temporary restraining order in affect which
means the city can't take any action, but it also means the impounded
cars can't be sold.
The case goes before
judge next week.
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R.I. House Votes
For Fuel Tax Hike
June 1, 2002 |
RHODE ISLAND -- The
Rhode Island House of Representatives passed a 2-cent diesel and
gasoline fuel tax increase, the Associated Press reported.
The increase is included in the House budget bill, which passed
overnight Wednesday and now goes to the Senate.
If the tax hike goes into effect, it will make Rhode Island's levy on
diesel the highest in the nation at 31 cents.
Atwood said he believes the Senate will also vote for a fuel tax
increase.
Gov. Lincoln Almond opposes the fuel-tax increase, AP said, but is
waiting to see what the Senate does before he decides whether to veto
the budget.
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