TEXAS -- Traffic was moving smoothly along Houston's Katy Freeway during Monday's lunch hour, but that's not always the case.

Now Mayor Bill White hopes a pilot program will help clear up some of the traffic tie-ups. The safe and clear program is now running on one stretch of the freeway.

The idea of the program is to get stalled cars and minor fender benders off the freeway and out of your way. The pilot program actually began Monday morning on the Katy Freeway. It will hopefully get rid of some of the congestion that plagues I-10 at times.

Project Safe Clear allows tow truck drivers to remove stalled cars and fender bender accidents from the freeway to one of several designated lots along the Katy Freeway. The charge to motorists will be $58. That's about half the cost of a usual towing fee.

If a motorist requests his or her car be taken somewhere specific, the $115 fee would apply.

Also, there's no longer going to be that long line of wrecker drivers at accident sites. Instead, only four tow trucks would be allowed to gather at minor crash scenes.

It's all going to be watched and coordinated by Houston's TranStar, where the police and wrecker dispatchers are watching cameras along the Katy Freeway, looking for trouble spots.

While drivers like the idea of getting minor wrecks off the road, some motorists say they shouldn't pay anything for the service.

"The patron shouldn't be charged, I don't think, the one whose car is stalled," said driver Deanna Dean. "Because they didn't want that to happen. So maybe a service where they would just assist someone quickly."

There are about a half dozen designated spots for wreckers to take stalled vehicles and those that have been in minor accidents. One is the IKEA parking lot along I-10. The sites were chosen because there is a lot of space, access to telephones and bathrooms. (Jeff Ehling - ABC13 Eyewitness News)

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ILLINOIS -- A federal judge plans to rule early next month on the fate of a 41/2-year-old lawsuit accusing Lake County Sheriff Gary Del Re of reducing a towing operator's business as political payback.

Roger Whitmore, owner of a namesake towing company in Zion, alleges in the suit he lost a substantial amount of his towing business in the county after supporting Del Re's opponent, Willie Smith, in the 1998 sheriff's election.

Attorneys involved in the case said they were told U.S. District Judge Samuel Der-Yeghiayan should rule by April 13 on whether the suit proceeds toward trial or dies.

Del Re, sheriff since being appointed in October 1996, denies he cut Whitmore's towing turf as retribution for backing Smith. His lawyers recently filed documents on why Der-Yeghiayan should rule in his favor and drop the lawsuit.

To support their position, Del Re's lawyers cited how other towing operators continued to receive business after contributing to Smith.

Documents also state Whitmore had been getting "substantially more calls" than other towers, which is why Del Re wanted to reconfigure the territory in 1999. Roger Whitmore Towing has been on call with the sheriff's department since 1972.

Undersheriff Gary Stryker, two Del Re campaign operatives and four tow-truck companies are named with the sheriff in the suit filed in 1999. They are accused of conspiring to pressure Whitmore and other towing outfits for campaign contributions in exchange for work.

Whitmore's accusations were refuted again by Del Re's attorneys in court papers filed a few weeks ago in federal court.

"Del Re does not allow (uniformed) members of the ... sheriff's department to solicit contributions or sell tickets either on or off duty," wrote attorney Daniel Field.

Whitmore's attorney, Keevan Morgan, lists in court documents he filed two weeks ago several reasons why the suit should continue.

After backing Smith, Whitmore contends his towing work for the sheriff fell from 424 calls in 1999 to 220 last year. His average yearly income from sheriff department calls has gone from $113,151 to $54,081.

But Field said the statistics cited by Whitmore support Del Re.

"If we really were going to retaliate, it would have gone from 424 to zero," Field said.

Lake County sheriffs long have been solely responsible for dividing tow-truck territory, which Morgan contends invites abuse. Tow companies are called by the department after crashes or vehicle abandonment on public roads in unincorporated Lake County.

Documents filed on behalf of Whitmore criticize the sheriff's department for never implementing a formal rating system or other written guidelines to determine how to dole out towing business.

"I am absolutely flabbergasted that in the year 2004 we have sheriffs handing out towing," Morgan said.

Field said changes in how towing is awarded have been discussed at the sheriff's office. (Bob Susnjara - Daily Herald)

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FLORIDA -- Dania Beach is the latest city facing a lawsuit over the practice of impounding cars during certain arrests.

A class-action suit filed Tuesday in Broward Circuit Court states that a Dania Beach ordinance that allows such impoundments is against the law.

The ordinance allows police to confiscate cars following drug or prostitution arrests, then requires owners to pay to get back their cars.

Dania Beach City Attorney Tom Ansbro said he has not seen the lawsuit, and therefore would not comment.

The lawsuit comes a month after an appeals court upheld a ruling that a similar ordinance in Miami was invalid.

Those arrested in Dania Beach were forced to pay $500 to retrieve the vehicle, as well as additional towing and storage charges or bond, according to the suit. The city itself reaped much of the revenue.

Those who couldn't pay to get their car back never got it returned. At administrative hearings, a special master decided if police rightfully impounded the car, and whether those arrested should pay money to retrieve the car.

The suit, filed by Miami attorneys Mark Goldstein and Ronald Guralnick, names Kathryn Georgiadis as the lead plaintiff. Broward Sheriff's Office deputies arrested Georgiadis on Aug. 27, 2003, on a charge of cocaine possession. It took $700 to retrieve her car, according to the suit.

The attorneys argue Dania Beach's ordinance violates the Florida Contraband Forfeiture Act, which doesn't allow for the forfeiture of cars in misdemeanor arrests.

The act also provides for judicial proceedings or jury trials, not administrative hearings before a special master. (Hector Florin - The Miami Herald)

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TENNESSEE -- Miller Industries, Inc. (NYSE: MLR) today announced financial results for the fourth quarter and full year ended December 31, 2003.

Net sales from continuing operations were $49.8 million in the fourth quarter of 2003, versus total net sales of $60.1 million in the fourth quarter of 2002. Net sales of the Company's towing and recovery equipment products were $49.8 million, compared with $53.3 million in the fourth quarter of last year. For the 2003 fourth quarter, the Company reported income from continuing operations(1) of $0.7 million, or $0.07 per diluted share, versus a loss from continuing operations of $1.4 million, or $0.15 per diluted share, in year ago period.

For the fourth quarter of 2003, the Company reported a net loss of $(6.3) million, or $(0.67) per diluted share, which includes an after-tax loss of $(6.9) million, or $(0.74) per diluted share, from discontinued operations. This compares with a net loss of $(22.3) million, or $(2.39) per diluted share, in the fourth quarter of 2002, which includes an after-tax loss of $(20.9) million, or $(2.24) per diluted share, from discontinued operations.

In the 2003 fourth quarter, the Company reported total cost of operations of $44.7 million, versus cost of operations of $51.2 million in the same quarter a year ago. Selling, general and administrative expenses in the 2003 fourth quarter were $4.2 million, or 8.3% of net sales, compared with $3.9 million, or 6.5% of net sales a year ago. On a sequential basis, selling, general and administrative expenses decreased from $4.3 million, or 8.5% of net sales, in the third quarter of 2003.

In the fourth quarter of 2003, the Company reported interest expense for continuing operations of $0.8 million, versus $2.1 million in the fourth quarter of 2002. Total interest expense for the Company's continuing and discontinued operations in the fourth quarter of 2003 was $2.7 million, versus total interest expense of $3.8 million in the fourth quarter of last year.

Net sales from continuing operations for the 2003 full-year period were $206.0 million, compared with $231.5 million in 2002. For the 2003 twelve- month period the Company reported income from continuing operations of $2.1 million, or $0.22 per diluted share, versus income from continuing operations of $3.1 million, or $0.34 per diluted share, last year. Including a loss from discontinued operations of $(16.2) million, or $(1.74) per diluted share, the Company reported a net loss for the 2003 full-year period of $(14.2) million, or $(1.52) per diluted share. Including a loss from discontinued operations of $(27.0) million, or $(2.89) per diluted share, and a goodwill impairment charge related to the Company's adoption of FAS 142, "Accounting for Goodwill and Other Intangible Assets" of $(21.8) million, or $(2.34) per diluted share, the Company reported a net loss for 2002 of $(45.7) million, or $(4.89) per diluted share.

Miller Industries also noted that subsequent to the end of the fourth quarter it has completed the sale of three of its distribution businesses for total proceeds of $2.7 million. The Company continues to pursue the sale of its remaining five distributors.

Jeffrey I. Badgley, President and Co-CEO of Miller Industries, commented, "The fourth quarter ended a challenging year for Miller Industries in which we were focused not only on managing our business through difficult market conditions, but also on improving our financial condition through the refinancing of our credit facilities. We were able to generate income from continuing operations and operating cash flow despite the tough market conditions we faced throughout much of the year. We also completed a refinancing that significantly improves our financial flexibility going forward. Our ability to complete this refinancing was in large part due to the efforts of William Miller, and we thank him for his hard work and confidence in our future prospects."

Mr. Badgley concluded, "As we enter 2004 we are cautiously optimistic about our outlook. Throughout the past two years, we have worked to reduce operating costs. We have seen order activity steadily improve in recent months, and, with our new financing package in place, we are now in a solid position to meet these improving demand levels. We thank all of our employees, customers and suppliers who have supported us during the past year, and look forward to working with them to take advantage of the opportunities in the marketplace."

Miller Industries, Inc. is the world's largest manufacturer of towing and recovery equipment. The Company markets its towing and recovery equipment under a number of well-recognized brands, including Century, Vulcan, Chevron, Holmes, Challenger, Champion and Eagle.

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MICHIGAN -- Amid allegations of political favoritism, the Sterling Heights City Council awarded a lucrative contract to its current auto-towing firm even though a proposal by another company would have cost victims of car crashes substantially less.

Council voted 4-1 on Tuesday to award the towing contract to B&G Towing, even though a proposal by Utica Van Dyke Services was $25 a tow less. Councilwoman Deanna Koski was the lone vote against the contract to B&G. Councilmen Steve Rice and Joseph Romano were out of town and did vote on the issue.

Ken Karam, attorney for Utica Van Dyke Services, said his client heard rumblings for the past two weeks that the towing contract would be given to B&G because of campaign contributions to members of the Sterling Heights City Council.

Karam said he was told that B&G contributed up to $4,000 to council members for their re-election campaigns last year.

"I voted for B&G because the low bid of the other firm smelled because it was so low," Councilwoman Barbara Ziarko said. "It was very unusual."

Ziarko also said B&G agreed to tow city vehicles at no cost. But Utica Van Dyke Services said in its proposal that it would tow city vehicles for free if the city asked for the service.

Ziarko said she didn't know how much money B&G owner Anthony Thomas donated to her re-election campaign.

A check of last year's itemized contribution list from the Michigan Department of Elections shows that Thomas' donations include: $1,100 to Mayor Richard Notte; $300 to Councilman Richard Bracci; $450 to Councilman Joseph Romano; $400 to Councilwoman Maria Schmidt; $300 to Ziarko and Councilman Steve Rice; and $150 to Councilwoman Deanna Koski.

"What happened here is pretty incredible," Karam said. "My client is the lowest bidder by a considerable amount of money and they tell him he's too low."

B&G owner Anthony Thomas said he didn't respond to the charges at Tuesday's council meeting because his firm's reputation serves as a defense.

"We've served the city flawlessly," Thomas said. "Anyway, UVD is a repair facility and it is specifically against the contract to tow cars to your place to work on them."

Thomas said the reason the Utica Van Dyke proposal was low was so the owner could do bump and service work on damaged vehicles.

"We have an unblemished reputation," Thomas said. "I'm a member of the (Sterling Heights Area) Chamber of Commerce and have met council members at various functions.

"There are no bribes or graft involved. We just support our local politicians."

Dino Juncevic, owner of Utica Van Dyke Services, said there is nothing in the contract with the city to prevent a company that owns a service center from towing cars. He said most cars towed by wrecking trucks involves bump work. He said he doesn't do bump work.

"I don't know what we're gong to do," he said.

In a report to council, Sterling Heights Purchasing Manager Janice Sierzenga and the city staff recommended that the 3-year towing contract be awarded to Utica Van Dyke Services, 43250 Van Dyke. Representatives from the city's Department of Public Works and police department also recommended that Utica Van Dyke get the contract.

B&G's fee to tow a car one mile or less within the city was $80, compared with $85 for Van Dyke Enterprises, $75 for Pointe Towing and $55 for Utica Van Dyke. The proposed cost for storage was $15 from Van Dyke Enterprises, $12 by B&G and $10 each from Utica Van Dyke and Pointe Towing.

B&G would provide the city $2,750 a month or $33,000 a year for the use of the city's lot on 18 Mile Road west of Van Dyke. The rental amount, according to Sierzenga, reflects an increase of $3,000 a year.

Mayor Richard Notte said he voted for B&G because it has done the city's towing for the last three years without complaints.

"It sticks out that UVD is a lot cheaper," Notte said. "I take that as being questionable. I just feel that we know what we have at the present time and see no reason to change." (Gordon Wilczynski - Macomb Daily)

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NORTH CAROLINA -- Raleigh Mayor Charles Meeker has just approved an ordinance that allows people to park downtown on anyone's property (except the city's) from 6 p.m. to 6 a.m. without any risk of being towed.

The ordinance, called a predatory towing ordinance by the city, strips away a property owners right to remove an unauthorized vehicle from their properly posted lots.

The city, quite cleverly, claims the ban on towing is for "public safety". The one reason that would make this kind of ridiculous ban of a legal and necessary service possibly hold-up in court.

The parking scofflaws that the mayor is protecting are a public hazard and financial burden to businesses and property owners that rely on open lots to accommodate tenants and customers. These are the people that double park on the streets, park blocking dumpsters and driveways, and have no regard for special parking areas like those for the disabled.

The city argues  that when a scofflaw parks in defiance of a tow-away sign and gets their car towed away, that person is now in an unsafe situation without their car. This is a ridiculous argument considering this person felt safe getting out of their car there in the first place. 

Are we really required to protect people that knowingly choose to put themselves in risky situations? Keeping with that logic, maybe we should also build huge rubber bumpers along every road in order to protect the scofflaws that choose to break the law and drive without seatbelts. Of course not. We just write those people a $150 ticket.

A public hearing on the towing ordinance is set for April at Raleigh City Hall.

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ARIZONA -- How Huachuca City handles impounded cars is part of an ordinance proposed by the community attorney that will eventually come before the Town Council.

The impounding of vehicles, storing and subsequently selling many of them by the town has drawn the ire of towing company owners who say the council is engaged in a competitive business against them.

Acting Town Clerk Bob Fenimore has consistently said there is legal authority for the community to be engaged in impounding, storing and selling vehicles if they are not claimed by their owners.

But some of the towing company owners say Huachuca City has gone too far by allowing vehicles seized by the Patagonia Marshal's Office to be kept at a lot in Huachuca City and eventually selling some of the vehicles for Patagonia.

In an early February opinion, Town Attorney Randall Bays said the community is authorized to impound vehicles and to charge reasonable storage fees and eventually sell them if they are not reclaimed.

However, he said the town needs to have an ordinance on how such actions will take place and his draft ordinance has been provided to the town.

Fenimore said initially the first reading of the ordinance was to take place at last Thursday's Town Council meeting but he took it and other items off the agenda because of other issues that had to be discussed. The ordinance is now expected to have its first reading on March 25, he added.

The issue of what the town has been doing for a few years is hot because there has been an increase in the number of private towing companies and the competition for storing vehicles and thereby making money has decreased, he said.

Huachuca City still calls on towing companies to pick up vehicles if there is no key or there are other mechanical problems and that is done on a rotation basis, Fenimore said.

Many of the vehicles kept in a fenced storage lot on town property were obtained from federal agencies, like the U.S. Border Patrol, when that agency had a major operation stopping vehicles carrying purported illegal immigrants and drugs, he said.

As for Huachuca City's connection with Patagonia, a community in Santa Cruz County, Fenimore said Patagonia does not have a town-operated impound lot and Huachuca City makes its lot available. The acting town clerk also said his town receives the help of a motorcycle officer from Patagonia in helping patrol Huachuca City.

Patagonia Marshal Keith Barth said not many vehicles from Patagonia are put in the Huachuca City lot.

In the past eight months, Barth estimates 11 vehicles have been taken from Patagonia to Huachuca City.

As far as complaints made by an owner of a towing company in Santa Cruz County, the marshal said the real problem is what other law enforcement agencies are doing in how they call for tows.

Providing a motorcycle officer who drives a motorcycle belonging to the Patagonia Marshal's Office, helps Huachuca City, Barth said, adding the salary of the Patagonia officer is paid by Huachuca City when the officer is working in Cochise County.

Barth said he agrees with Fenimore that there is Arizona case law that allows an elected body to have impound lots, to charge for storage and to sell vehicles not reclaimed.

However, Troy Barnett, who is the president of the Arizona Professional Towing and Recovery Association, said Huachuca City and Patagonia are operating a business that is in unfair competition with private business owners.

While in some cases towing companies are called to move a vehicle to the Huachuca City impound lot what is not happening is allowing the towing business owners to take the vehicles to their storage lots where they can charge a daily fee and sell a vehicle if it goes unclaimed, Barnett said.

He and others have spoken at previous Huachuca City Town Council meetings, expressing their displeasure of what the community is doing.

Barnett, who operates a towing business in a number of locations in Arizona with it headquarters in Sierra Vista, said he wonders when the Huachuca City Town Council will become operate other businesses to the detriment of the private sector.

As for Huachuca City's proposed ordinance, he said the association is obtaining its own legal advice as to what actions can be taken to stop the impound lot operation in Huachuca City.

In February, Huachuca City had an auction of more than 30 vehicles, for which it received titles.

Of the $57,925 collected, Patagonia received a check for $5,420 for its vehicles held by Huachuca City. Also sold at the auction were seven vehicles belonging to the Tombstone Unified School District that brought in $5,475.

Fenimore said other small communities and school districts ask Huachuca City to sell their vehicles at the auctions instead of them having to go through the additional expense.

Currently there are more than 100 vehicles either in the community's impound lot or in a field behind Town Hall being processed for an abandoned title to be sold at the next auction. (Bill Hess - Sierra Vista Herald)

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ILLINOIS -- An advanced 4.5-liter V-6 turbo diesel engine, previewed by International Truck and Engine Corporation this week at NTEA, will power the new International® CF Series commercial trucks. The robust International® VT 275 expands the family of “V” engines produced at International Diesel of Alabama in Huntsville, Ala.

Designed specifically for in-city driving, the best-in-class 200-horsepower International VT 275 diesel features a twin turbocharger – the first of its kind in North America – for fast acceleration in stop-andInternational-go traffic.

Built on the International® engine technology platform, the new VT 275 engine also utilizes the proven G2 high-pressure common rail fuel system to optimize fuel economy and cooled exhaust gas recirculation to minimize emissions. Fleets will further benefit from a commonality of parts because the International VT 275 shares many components with the International V-8 engine family.

Now, for the first time, medium duty fleet owners have a domestic choice for lighter duty vehicles. The International CF Series with the VT 275 engines expands the company’s product line and provides entry into a new market, serving Class 4 and 5 vocations with a brand fleets know and trust.

“North American fleets with International® engines already in use won’t have a big learning curve with this engine, because of the common technology platforms used in all International engines,” said Tim Cooney, vice president, worldwide sales and marketing for the International Engine Group. “The fact that we are an integrated truck and engine manufacturer helped us to design a package that best meets the needs of this market. We’re building on our 100 years of experience in the commercial truck and diesel engine marketplace to deliver a truck and engine that is engineered to perform.”

Paired with an automatic transmission, the International® VT 275 engine provides smooth shifting. Operators who are not truck drivers by trade will feel they are driving an SUV rather than a medium-duty vehicle. And, with the regulated two-stage setup of the twin turbo, one turbocharger is used for initial startup while the second is used at high speeds, providing fast response the moment the driver steps on the accelerator.

“It used to be, when you were driving behind a truck in traffic you would seemingly sit for minutes waiting for it accelerate at a light,” said Cooney. “That won’t happen with the International VT 275 in our CF Series trucks. The twin turbo technology and drive train matching gets the load moving with the traffic”

The International VT 275 was designed with efficiency in mind. The G2 fuel system uses higher injection pressure combined with four valves per cylinder to provide performance and fuel economy while lowering emissions, due to more complete mixing of fuel and air for better combustion. This technology ensures precise fuel injection control for a quicker response to driver input, while optimizing fuel consumption.

“The International VT 275 is a unique, robust engine designed for fuel economy, durability and driver response that the Class 4 and 5 commercial truck market demands,” said Cooney. “The product attributes combined with the outstanding parts and service support that International brings to its customers makes this an attractive American manufactured product.”

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INDIANA -- Having the police order your car towed in Valparaiso could cost an extra $15 soon.

Police Chief Michael Brickner is seeking council approval to charge a $15 administrative fee on top of the towing charge. The fee would be collected by the towing company and paid to the city monthly to cover the time and expense involved in arranging the tow and processing records. The ordinance surfaced at this week's council meeting and could be acted on March 22.

Brickner said the city never has charged a towing administrative fee, but other police departments have such a fee. The fees would be put in the department's local police education fund and used to update technology.

The department's computer systems have not been upgraded for some time. While the fee will generate revenue, it isn't expected to be enough to cover the cost of needed computers. No administrative fees would be charged for removing abandoned cars or when the tow company does not receive payment for a tow fee.

If the fee is adopted, Brickner plans to submit a policy to the city's Board of Public Works and Safety dealing with fees the towing companies can charge and establishing a code of conduct.

"I feel, when the department initiates a tow, the towing service becomes an extension of the police department," he said. "These will be guidelines for that service. We've never had guidelines for the wrecker services. It's just some standard operating procedures for the towing companies. It's something that's needed."

Although the guidelines would set fees, Brickner said exceptions could be made for major accidents, like those involving tractor-trailer trucks.

The department uses two towing services, Ernie's Shell and Green's Towing, on a monthly rotation, but others could be added. He said the department used four towing companies in the past.

"We have had discussion about re-evaluating the ones we have and evaluating others," he said. "I don't know why the others were dropped. We've been contacted by services that are interested. I will discuss it with the mayor and we will come to a decision soon after the approval of the policy.

"Everything is ready to go now. I'm just waiting for the council and the board of works approvals." (Phil Wieland - Northwest Indiana Times).

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Sky-high pump prices appear to be putting pressure on the Organization of Petroleum Exporting Countries (OPEC) to consider raising its oil output. OPEC officials said they may boost production if prices remain high for the next two weeks, according to an article posted on a Wall Street Journal website today.

An increase in output would reverse OPEC’s February agreement to cut production by 1.6-million barrels per day (10%) starting April 1. Its earlier decision was a move to keep prices high. When OPEC announced this, the effect was immediate— the diesel prices rose 5.1 cents per gallon three weeks afterward, breaking its prior two-week 2.3-cent decline.

However, a rebounding American economy and increased output from the manufacturing sector has driven up the demand for oil, indicating OPEC may have made its move based on inaccurate production-demand forecasts. Analyst Martin Labbe said the production cut does not make economic sense.

Last month’s call for production cuts seem to have fallen upon deaf ears by OPEC members, as analysts say oil exports have remained unchanged since the agreement, The Wall Street Journal reported. (Thanks Tim)

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WASHINGTON -- A Kent towing company that has been defying state law must behave like every other towing company in the state and impound cars off private lots only with the express approval of the property owner or his agent.

That's the effect of yesterday's ruling by U.S. District Judge Franklin Burgess of Tacoma, who denied West Coast Towing Service's emergency request to overturn a state order blocking it from impounding vehicles without such authorizations.

The state's cease-and-desist order, issued late last month, is believed to be the first of its kind, according to the state Department of Licensing. West Coast owner John Tillison does not deny he has been impounding cars — chiefly from apartment complexes in the south Puget Sound area — based on "blanket" contracts with apartment managers to provide towing services.

He maintains that federal law deregulating the trucking industry trumps Washington law requiring explicit authorizations. He is relying in part on his successful federal-court challenge in San Diego of a California law similar to Washington's. The California case is pending in the 9th U.S. Circuit Court of Appeals.

Tillison was not immediately available for comment yesterday. Earlier this week he said he's been "in and out" of the towing business for 25 years, chiefly in California. He opened his Kent business last fall.

In court papers, Tillison alleged the state's order is costing him $3,000 a day.

"I am also suffering from a tremendous loss of reputation and goodwill," he stated. "The state's action has been well publicized in the media and is allowing my competition to undermine my business's integrity."

The state argued that overturning its order "would allow Tillison to do what law-abiding (towing companies) cannot do." Further, it alleged that Tillison showed only that he was losing income by obeying the law — not that he would be irreparably harmed. (Peter Lewis - Seattle Times)

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NEW YORK -- According to the Metropolitan New York Towing and Auto Body Association the current administration at the New York City Department of Consumer Affairs (the agency that licenses tow trucks in the city) has taken the position that any tow truck operating on the streets of New York City must possess a city towing license (medallion). Failure to have this medallion will result in your tow truck being seized. The DCA has also elected to disregard reciprocity agreements that have been in place for years with neighboring municipalities, where each municipality honored each other's license.

Today, if a towing company based outside New York City sends a tow truck (or flatbed) into the city to drop off or pick up a vehicle, the tow truck will be seized if it does not carry a medallion. A violation will be issued and a hearing date will be scheduled. The minimum fine for settling this violation is $1,000 plus towing and storage fees averaging between $250 and $350.

New York City defines towing as: “The driving or other operation of a tow truck, or the offering to transport a vehicle by means of a tow truck.” A car does not have to be on a hook for it to considered towing. Under New York City law, even if a tower drives his truck into the city for the purpose of having lunch at a specific restaurant, that is considered towing.

A question recently posed to the city’s administration was: “A towing company based outside New York City is merely passing through the city in order to reach a destination outside the city. Is it permissible o travel through New York City without a medallion? An answer has yet to be received.

The Metropolitan New York Towing and Auto Body Association (based in New York City) believes the actions of this administration are in violation of federal and state transportation and commerce laws. The towing association is working to get this matter corrected but until this matter is resolved, towers should be aware that they risk getting their trucks seized when entering New York City without a city towing medallion. (Thanks FK75)

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WASHINGTON -- State police have ordered a Kent towing company to stop impounding vehicles under a blanket authorization from property owners or face losing its license.

A Washington State Patrol officer delivered the cease-and-desist order to West Coast Towing on Friday, demanding the company stop acting as an agent for property owners.

West Coast had come under scrutiny for its practice of "patrol towing" in South King County apartment complexes.

Patrol towing is what happens when tow-truck drivers ride around looking for unauthorized cars. With general permission from a parking-lot owner, the tow-truck company can hook up a vehicle on the spot without a specific request or having someone sign for an impound.

That practice is illegal under state law but could be trumped by federal rules created when Congress deregulated the trucking industry a decade ago.

Last month, a report in the Seattle Post-Intelligencer outlined the practice of patrol towing, the state law that prohibits it and a federal court battle that may make patrol towing legal after all.

John Tillison, who owns West Coast, said he is asking a federal court for a restraining order against the state's order, so that he can continue patrolling for unauthorized vehicles.

"I believe I'm right, and I guess we'll just see what the judge says," Tillison said.

West Coast Towing won a federal court battle in Tillison's home state of California last year when a judge ruled that the city of San Diego could not stop his tow-truck drivers from patrolling private parking lots. Tillison has sued Washington state over the same sort of rules.

He would not be in business if property owners didn't want him to do what he was doing, Tillison said.

"Like I said, it's about property owners' rights versus trespassers' rights," Tillison added. West Coast concentrates its business in residential parking lots around apartment complexes, many of which have had problems with visitors and people parking in the wrong spots.

He said that since receiving the cease-and-desist order, he has stopped patrol towing and picked up only about 10 cars over the weekend. Last week, before his visit from the State Patrol, he hooked up more than 90 cars, Tillison said.

State Trooper Neil Dewey, who inspects towing companies, said that in order to impound a vehicle from a private lot, the tow-truck company must get the property owner or agent requesting the impound to sign an authorization form specifying where and when the car is being towed.

Not only was West Coast Towing not doing that, Tillison told police flatly that he did not have to, Dewey said. "They're taking cars. They're just taking them," Dewey said, adding that, under state law, taking a car without specific permission, whether from private or public property, could be construed as auto theft.

Tillison said that not only does his service help apartment managers control their own parking problems, but also because the managers do not have to sign a specific authorization form, they are protected from retaliation from people whose cars are towed. (Candace Heckman - Seattle Post Intelligencer)

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NEW YORK -- Maybe nothing short of abolition could make them user friendly, but the city's detested city run tow pounds might be more accessible under a bill before the City Council.

Operated under Police Department auspices, the five pounds - two in Manhattan and one each in Brooklyn, Queens and the Bronx - are used to store illegally parked cars until their owners redeem them.

Last year, 112,000 motorists had the displeasure of visiting the inconveniently located pounds and forking over the $185 towing fee. The operation took in $20 million in revenue and had $13 million in expenses, the Council reported.

But if Councilman David Yassky (D-Brooklyn Heights) gets his way, the entire operation would be turned over to several dozen private parking garage operators with more numerous and convenient - and perhaps even cheaper - redemption sites.

Yassky, chairman of the Committee on Waterfronts, is the prime sponsor of a bill to institute a privately run towing system, similar to that used by Los Angeles. Yassky said the current tow pounds squander city-owned or leased land that could be put to better or more valuable uses.

He cited the main Manhattan tow pound on Pier 76, at 38th St. and the Hudson River. The site is long overdue for incorporation into the Hudson River Park project, he noted. And the pound in the Brooklyn Navy Yard could house a manufacturing firm to create thousands of new jobs, he noted.

Yassky's privatization bill drew opposition at a hearing before his committee from several union leaders who represent the 400 municipal workers who man the tow pounds - including drivers, clerks and administrators.

"I strongly oppose the privatization of the tow pounds," said Eddie Rodriguez, head of Local 1549 of District Council 37.

But Edmund McMahon, a senior fellow at the Manhattan Institute, said that besides freeing up waterfront land and saving the city money, "contracting out does offer a possibility of greater convenience" to motorists.

Director John Valles, head of the Police Department's Parking Enforcement District, which oversees the pounds, testified that city efforts to find alternative sites "is still ongoing."

Valles said suitable locations must be in appropriately zoned commercial or industrial areas, in proximity to major areas where the towing is being performed, have limited environmental issues and not require a large capital outlay.

The city's other pounds are at: 203rd St. and 10th Ave. in Inwood, Manhattan; 56th Road and Laurel Hill Blvd. in West Maspeth, Queens, and E. 141st St., under the Bruckner Expressway, in Port Morris, the Bronx.

Yassky said after the hearing that he will bring his bill to a vote before the end of the year. (Frank Lombardi - Daily News)

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LOUISIANA -- An Orleans Parish civil sheriff's deputy fatally shot a 21-year-old motorist Sunday because the man accelerated toward a city attendant who was closing a gate to prevent him from leaving, a Sheriff's Office spokeswoman said.

Robert Nolan, 32, fired a single shot at the driver, hitting Ryan Nugent in the head as he tried to retrieve his vehicle from a city tow lot at 400 N. Claiborne Ave. A preliminary investigation by the Sheriff's Office showed that Nolan, who joined the Sheriff's Office four months ago, fired the shot to protect the attendant, spokeswoman Lea Young said.

"Our preliminary investigation has indicated that this man wanted out and the attendant was in his way," Young said. "Her back was to the car, and she was in danger of getting run over. It all happened so quickly, the deputy did what he was trained to do: protect the attendant's life. People who have their cars towed are often hostile."

At the scene Sunday night, Nugent's body was slumped over the steering wheel of his Honda Accord, which had crashed into a pole near the gate. Nugent's family has questioned the use of deadly force, saying that a group of friends who accompanied Nugent to the lot were attempting to pay the towing fee and illegal parking fine when the shooting occurred.

The Sheriff's Office gave a different version. According to Young, Nugent's friends appeared to be diverting the attention of the lot attendant so Nugent could sneak out with his car. Police said Nugent entered the lot illegally through a back fence and wrapped a T-shirt over his license plate before attempting to make a quick getaway.

"His friends were not there to pay," Young said. "They were there to divert attention. If you were going to pay, why would you hide your license plate?"

Nolan spent more than two years as a police officer in the Navy, Young said, and recently completed his Sheriff's Office training. He was one of about 25 deputies assigned to city buildings to protect employees and property. As part of the deputies' regular rotation among the city buildings, Nolan had pulled shifts at the tow lot before Sunday, Young said.

Since leaving his full-time job with the Navy, Nolan continued to serve as reservist, Young said. Nugent, who was from Mandeville, also was a Navy reservist, but Young said there was nothing to indicate that the two men crossed paths until Sunday night.

Nolan has been reassigned to a desk job pending the completion of an investigation of the killing by the New Orleans Police Department. (Michael Perlstein - The Times Picayune)

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