Philadelphia Police Department Directive 12.5

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5

Issued Date: 06-12-15 Effective Date: 06-12-15 Updated Date: 12-05-19

SUBJECT: POLICE TOWING OF VEHICLES PLEAC 1.2.3.e

INDEX

SECTION TITLE PAGE

1 Policy 1

2 Procedures 1

3 Rotational Towing of Accident 3 Or Disabled Vehicles

4 Repossession of Motor Vehicles 6

Appendix “A” Towing of Recovered Stolen Vehicles

Example Towing Report

Appendix “B” Towing from Private Lots and Driveways

Example 1 Pennsylvania Repossessor’s License

Example 2 75-48 for Repossession

Example 3 Philadelphia Tow Truck Decal

Example 4 Philadelphia Tow Operations License

Example 5 Fee Schedule

Example 6 Towing Agreement

Example 7 AutoReturn Dispatch Confirmation

Example 8 PA Dept. of Banking and Securities Repossessor License

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5

Issued Date: 06-12-15 Effective Date: 06-12-15 Updated Date: 12-05-19

SUBJECT: POLICE TOWING OF VEHICLES PLEAC 1.2.3e

1. POLICY

A. The primary function(s) of the Police Tow Squad is the relocation or impoundment of vehicles for the following situations:

1. Vehicles relocated for parades, special events, major accidents, including tractor- trailers, and disabled vehicles which cause a hazardous situation.

2. Impoundment of vehicles involved with homicides, crime scenes, “Guard for Fingerprints” and investigations (major crimes, etc.). Fatal accidents or accidents involving vehicle safety checks will be determined by the Accident Investigation District (AID).

NOTE: All policies concerning the towing of police vehicles will be followed as outlined in Directive 9.8, “Maintenance, Servicing and Repair of Police Vehicles”.

2. PROCEDURES

A. Police Officer/Investigator seeking to tow a vehicle will:

1. Supply Police Radio with the following:

a. Location of the vehicle, b. Make, model, color, and condition of vehicle, c. State, license plate number, and vehicle identification number (VIN), d. Specific reason for tow request, e. Weight/cargo, if possible, of any overturned tractor-trailer and placard information of any hazardous cargo.

2. Complete a Complaint/Incident report (75-48) and a Vehicle/Pedestrian Investigation Report (75-48A) with pertinent information and give it to the Operations Room Supervisor.

B. Police Supervisor will ensure:

DIRECTIVE 12.5 - 1

1. Any vehicle to be guarded for fingerprints, or crime scene, is not to be tampered with by police personnel or civilians, until it is processed and/or released by an investigator or detective supervisor.

a. Vehicles in “Guard for Prints” status will only be towed by Police Tow Squad.

2. A Property Receipt (75-3) is on location with the vehicle to be towed before notifying Police Tow Squad.

a. The Property Receipt is to be signed by the tow truck operator prior to the removal of the vehicle.

C. Police Radio will:

1. Check the registration number and/or VIN number through the NCIC/PCIC files and relay the information back to the requesting officer/investigator.

2. Contact the Police Tow Squad operations desk or “T” band to dispatch the proper tow truck to the scene (flatbed, etc.).

a. Ensure all pertinent information about the vehicle to be towed is conveyed to the Tow Squad Operations desk. This will include the DC#, investigators name, badge number and when possible, add the investigator’s control number and Property Receipt number.

3. Enter all vehicle information received from the police tow truck operator into the PCIC towed vehicle file.

D. Police Tow Truck Operator will:

1. Prepare a Towing Report (75-7), in duplicate, for each vehicle towed.

a. Distribution as follows:

Original: Tow Squad First carbon: Storage location of vehicle

NOTE: Under no circumstances should a copy of the Towing Report (75-7) be left with a vehicle, which was simply “relocated.” The Police Tow operator will notify police radio of the location where the vehicle was “relocated” to.

2. Sign the Property Receipt and include the payroll number and the tow truck number.

DIRECTIVE 12.5 - 2

3. Retain agency and final disposition copy of Property Receipt along with vehicle and deliver to the supervisor at Tow Squad headquarters.

4. Insert on the Patrol Activity Log (75-158):

a. Time received, b. Time completed and, c. Location where vehicle was removed from, make/model of vehicle, registration number and/or VIN, and location where vehicle was taken.

5. Notify Police Radio with:

a. Location where vehicle was removed, b. Type of vehicle, c. Registration number and/or VIN and, d. Location where vehicle was taken.

NOTE: Radio Room Supervisors will ensure that information received from Police Tow Truck operators is entered into and purged from the PCIC towed vehicle file, as needed.

E. Operations Room Supervisor will:

1. Ensure each 75-48 or 75-48A brought into the operations room for a towed vehicle is examined for accuracy, legibility, and is coded properly.

2. Ensure any information pertaining to a vehicle towed (homicide, guard for prints, crime scene, etc.) is entered on the S&R. ______

3. ROTATIONAL TOWING OF ACCIDENT OR DISABLED VEHICLES

*2 A. No person shall engage in towing from the scene of an accident where police have been dispatched or otherwise respond to the scene of the accident unless that person has been selected through operation of the AutoReturn rotational system.

*2/*4 B. This policy is applicable to all accidents and disabled vehicles where police are dispatched to the scene or sight accidents/disabled vehicles are observed by officers.

*4 C. The AutoReturn Rotational Tow Policy is not applicable to those roadways currently patrolled by the Pennsylvania State Police. Nor shall such policy be applied to City- owned vehicles requiring towing (both Police and non-police city vehicles); these vehicles will be towed in accordance with the policy of the respective city agency.

DIRECTIVE 12.5 - 3

D. Definitions:

1. Towing Company. Any person, partnership, corporation, fiduciary, association or other entity owning, operating, or conducting the business of towing.

2. Disabled Vehicle. A motor vehicle which has been damaged or rendered inoperative or unsafe to drive as the result of wear and tear, mechanical failure, collision or accident.

3. Limited Access Highway. A major divided highway designed for high-speed travel, having few or no intersections.

4. Rotation Tow System. A method of selecting a towing company from an authorized list for the purpose of towing a vehicle from one point to another. Once the assignment is made, that towing company rotates to the bottom of the list.

*4 5. AutoReturn: AutoReturn is a towing management company that is contracted to dispatch and manage the rotational tow program in Philadelphia. AutoReturn does not issue citations or performs tows.

NOTE: The purpose of the AutoReturn Rotational Tow Program is to efficiently Remove accident and disabled vehicles, to prevent wreck chasing and to protect individuals involved in accidents from price gouging by tow operators. If the authorized tow truck does not arrive within thirty (30) minutes, notify Police Radio. If unauthorized tow operators attempt to remove any vehicles, officers will take necessary enforcement actions.

E. Patrol Officer will:

*2 1. Investigate all accidents and disabled vehicles.

NOTE: Sworn personnel will no longer respond to the scene of an auto accident with property damage only. Refer to the guidelines outlined in Directive 9.6, Appendix “C” “Property Damage Only Vehicle Accidents.”

*2/*3 2. If the authorized tow truck is not on location and a tow is not needed, notify Police Radio to cancel the tow truck.

*2/*3 3. If a tow truck is required, remain on location with the vehicle until the authorized tow truck arrives. If additional or specialized tow trucks are needed, such as a flatbed truck, notify Police Radio.

*4 a. If officers respond to a scene or sight assignment that did not have rotational tow simultaneously dispatched, they will notify Police Radio to have tow respond to the location.

DIRECTIVE 12.5 - 4

*4 NOTE: If the rotational tow is cancelled, the rotational tow company that was dispatched will remain on the list for the next available tow. Officers should be careful when cancelling tows. If the assignment is unfounded, a tow is not needed. If the vehicles can be moved to a safe location, under their own power, a tow is not needed. Non- rotational tow operators’ cannot move the vehicles to the side of the road, nor can officers allow these tow operators’ to move these vehicles for the sake of convenience or expediency. Remember, once the rotational tow is cancelled, should the owner/operator allow a non-rotational tow company to take the vehicle, they are no longer protected from outrageous towing and storage fees.

*2 4. Enforcement Authority of Police:

a. Police may impound any unlicensed tow truck and may impound a tow truck if it was not dispatched and authorized by Police Radio to respond to a scene and the driver refuses a lawful order of a police officer at an accident scene. Any tow truck that arrives on scene that was not dispatched by Police Radio can be ordered away from the areas or to release any vehicle.

5. Once the towing company arrives:

*4 a. Verify the identity of the towing company and confirm that they are, in fact, the company dispatched by AutoReturn. See Example 7 for a screenshot of the AutoReturn Dispatch Confirmation.

b. Conduct a complete inventory of the vehicle together with the tow truck operator. (PLEAC 1.2.3e).

c. Record the condition and contents of the vehicle on the Towing Report (75-7), including all equipment (e.g., CD players, cell phones) see example in Appendix A. (PLEAC 1.2.3e)

NOTE: No locked compartments, including trunk area, will be forced open while taking inventory. If compartments are locked, ensure this is recorded on the Towing Report (75-7).

d. Ensure the contents of the vehicle remain with the vehicle.

EXCEPTION: The discovery of firearms, explosives, (fireworks etc.) hazardous items, items that may have evidentiary value (e.g. beer or alcohol containers) or items that may warrant further investigation will be brought to the attention of a patrol supervisor who will decide the proper course of action.

DIRECTIVE 12.5 - 5

e. Once the inventory check is complete, have the tow operator sign the 75-7 attesting to the condition and contents of the vehicle. Tow operators must legibly write their name, address and phone number on the 75-7. This information should also be recorded on the Patrol Activity Log (75-158).

f. The 75-7 will be distributed as follows:

White: Tow Truck Operator Yellow: Retained in District Tickler File for 90 days Pink: Retained by Patrol Officer Goldenrod: Reports Control Unit

F. Police Radio will:

*4 1. Utilize AutoReturn to dispatch rotational tow to the scene of an auto accident and/or a disabled vehicle(s) at the same time as dispatching police personnel.

*3/*4 2. Ensure if a tow truck is dispatched to a scene, but cancelled by the responding officer prior to the tow trucks arrival, the cancellation is entered through the AutoReturn system.

*3 G. Commanding Officer, Police Radio will:

1. Collect the number of total disabled vehicle tow requests made from the rotation system.

2. Record date, time, location, and name of any towing company that has failed or declined to respond to a tow request. ______

4. REPOSSESSION OF MOTOR VEHICLES

A. Members of the Philadelphia Police Department will inform anyone repossessing a motor vehicle that they must report in person to the district of occurrence after taking the vehicle into their possession. The re-possessor will notify the Operations Room Supervisor (ORS) of the repossession and present a letter of authorization or copy of the encumbered title (first lien holder, e.g., First Union Bank, etc.) from the bank or sales finance company for the vehicle that is being repossessed.

B. Personnel from the Philadelphia Sheriff’s Office (provided they have one of the current Writs of Replevin, Possession, Seizure, or Execution), full-time employees of banks and finance companies, and licensed collector or re-possessors (provided they have a letter of authorization) are empowered to repossess motor vehicles and must carry an identification license (see Example 1).

DIRECTIVE 12.5 - 6

C. A Writ of Replevin, Possession, Seizure, and Execution are Court orders and will not be issued by a re-possessor nor be in the possession of the re-possessor. The Court only issues these writs if a vehicle cannot be repossessed and only the Sheriff can serve these orders. In many cases a break bond will be attached to the writ, allowing the Sheriff or their deputies to break into a garage to seize the vehicle. If police are present, they WILL NOT assist in the gaining of entry.

D. Repossession Procedures:

1. A legal repossession occurs at the time when a peaceful physical possession of the vehicle is made. Repossession occurs by either having the re-possessor physically enter into a non-occupied vehicle or the hooking up of a vehicle to a tow truck. In either case, the vehicle does not have to be removed to be considered legally repossessed. Repossessions may be made from a public thoroughfare, or from the debtor’s property, providing the re-possessor does not violate any local, state, or federal laws.

2. The Operations Room Supervisor (ORS) will:

a. Refuse to accept notification over the telephone. Inform the re-possessor that they must report to the district in person.

b. The ORS will personally inspect the repossessed vehicle to verify that the information provided by the re-possessor is accurate and correct.

c. Refuse to accept license plates or personal property removed from the repossessed auto. However, firearms when found inside the repossessed vehicle can be processed at any police district, or an officer will be dispatched to retrieve the firearm(s) at the repossession agency office, provided they are located in Philadelphia. All firearms received will be placed on a Property Receipt (75-3). A new DC# is required and firearms must be submitted promptly to the Firearms Identification Unit. . d. Refer Gun DC#s to the original Complaint or Incident Report (75-48) for the initial vehicle repossession.

3. Request that the re-possessor produce the letter of authorization, proper identification and/or a facsimile of the collector/re-possessor license (Exception: Sheriff’s Office personnel need only a Writ of Replevin).

4. Prepare a 75-48, which will include:

a. Name and address of bank, finance company, agency, etc. that repossessed the auto, b. Date and time of repossession,

DIRECTIVE 12.5 - 7

c. Name and address of registered owner, d. Signature of re-possessor, e. Year, make, model, type, color, license number, and serial number of repossessed auto , f. Signature of the district ORS.

*4 NOTE: See Example 2 at the end of this directive.

5. Query BMV and ZV stolen auto files for current owner information and the vehicle status.

6. Call Police Radio (215) 686-1295XXX-XXXX for a DC#, and give the pink copy of the 75-48 with DC# back to the re-possessor.

7. List all vehicle descriptions on the S&R.

8. Distribution of 75-48:

Original copy –Reports Control Unit Yellow copy --District file Pink copy --Re-possessor

9. Enter the repossessed vehicle into the PCIC system through the use of the REPO transaction as follows:

a. Terminal operator types in REPO (enter).

b. A pre-formatted screen will appear.

c. The terminal operator will fill in the blanks with the appropriate data associated with the repossessed vehicle.

d. Valid NCIC codes must be used.

e. Name of repossessing agency must be placed in “OWN” field.

f. Upon completing screen, press enter.

NOTE: Subsequent PCIC inquiries regarding the entered vehicle will elicit the information that it has been repossessed.

DIRECTIVE 12.5 - 8

E. Disputes Involving the Repossession:

1. The assignment shall be given to a patrol supervisor. Directive 3.16, “Police Assistance to Writ Servers” will be followed. Police officers and/or supervisors called to an incident involving repossession will only monitor the situation to ensure that the vehicle is moved peacefully. Police should not impede the civil proceeding or mediate the process. The preceding is a civil matter, between the debtor and the bank or finance company, not the re-possessor or the repossession company involved.

2. If during the dispute police observe that the re-possessor does not have physical possession of the vehicle, advise the re-possessor that if their attempts to recover the vehicle causes a disturbance, a writ will be needed. However, if the re- possessor has physical possession of the vehicle upon arrival of police the debtor should be advised that the repossession has taken place and the re-possessor should be allowed to leave the area with the vehicle, providing no laws were broken. A separate 75-48 is required for the disturbance.

F. License and Identification Cards:

1. All tow trucks involved in the repossession of vehicles are to follow the regulations set forth in Section 9-605 of the Philadelphia City Code (see Appendix “B”).

2. See Example 1 at the end of this directive for a copy of a license issued by the Commonwealth of Pennsylvania to a collective/repossessor.

*4 3. See Example 8 at the end of this directive for a license issued by the Pennsylvania Department of Banking, 8 ½ by 11 inches is required by law to be hanging in a visible area upon entering the establishment of the repossessor. ______RELATED PROCEDURES: Directive 3.5, Scofflaw File Directive 3.16, Police Assistance to Writ Servers Directive 4.1, Responsibilities at Crime Scenes Directive 9.8, Maintenance, Servicing and Repair of Police Vehicles Directive 12.6, Abandoned Vehicles Directive 12.8, Vehicle or Pedestrian Investigations Directive 12.15, Property Taken into Custody

BY COMMAND OF THE POLICE COMMISSIONER

DIRECTIVE 12.5 - 9

FOOTNOTE GENERAL # DATE SENT REMARKS *1 4121 06-16-17 Addition-Apdx “A” *2 9401 02-01-17 Additions/Changes *3 6420 11-01-17 Changes *4 3070 12-05-19 Additions/Changes

DIRECTIVE 12.5 - 10

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5

APPENDIX “A”

Issued Date: 06-12-15 Effective Date: 06-12-15 Updated Date: 12-05-19

SUBJECT: TOWING OF RECOVERED STOLEN VEHICLES PLEAC 1.2.3(e)

1. POLICY

A. Police officers recovering stolen vehicles will have the vehicle towed by a privately- contracted salvor to the salvors impoundment lot. In the event the vehicle is to be held for investigation and/or prints, the vehicle will be treated as a crime scene and guarded according to Directive 4.1, “Responsibilities at Crime Scenes.” In this situation, the stolen vehicle will be towed to the Police Garage by the Police Tow Squad, only as noted in this directive.

2. PROCEDURE

A. Patrol Officer will:

1. Investigate all vehicles in accordance with Directive 12.8, “Vehicle Investigations.”

2. A DC# will be obtained for all recovered stolen vehicles in Philadelphia. Prepare a Complaint or Incident Report (75-48) for all recovered stolen vehicles. Prepare a Vehicle or Pedestrian Investigation Report (75-48-A) for all occupied recovered stolen vehicles. Also prepare a Towing Report (75-7) accurately and completely (see example in Appendix A).

3. Have any person(s) arrested taken to the proper investigative unit.

4. Notify Police Radio divisional console that you are switching to “M” band. Notify “M” band and request that the recovered stolen vehicle be towed by a private salvor. Upon completion of the recovery process, return to your divisional band.

5. Remain with the vehicle until a tow truck arrives. If the salvor does not arrive within 30 minutes, notify a patrol supervisor and ask for authorization to either leave the scene and resume patrol or continue to remain with the vehicle. A patrol supervisor will determine if Police Radio should verify that the original salvor contacted is enroute or have that salvor canceled and another salvor contacted. Additionally, a Neighborhood Services Unit supervisor will be notified during the 8am-4pm tour of duty.

DIRECTIVE 12.5 - 1 APPENDIX “A”

NOTE: If the owner of the vehicle is on the scene with police or the owner arrives before the vehicle is towed, the vehicle will be released to the owner. Police Radio will be notified that the vehicle was released to owner.

6. If the recovered stolen vehicle is a hulk or shell, the vehicle will be processed and a salvor notified to remove the vehicle. . a. Any conflicts regarding towing will be referred to a patrol supervisor.

7. Once a tow truck arrives:

a. Verify the identification of the salvor.

b. Conduct a complete inventory of the vehicle together with the tow truck operator. (PLEAC 1.2.3e)

c. Record the condition and contents of the vehicle on the 75-7, including all equipment (e.g., CD players, cell phones). (PLEAC 1.2.3e)

NOTE: No locked compartments, including the trunk area, will be forced open while taking inventory. If compartments and trunk are found to be locked, ensure this is recorded on the 75-7.

d. Contents will remain with the vehicle.

EXCEPTION: The discovery of any firearms or explosives (fireworks, etc.) Items that pose a danger or any items which may have evidentiary value, or may be subject to investigation, will be brought to the attention of a patrol supervisor who will decide the correct course of action.

e. Once the inventory check is complete, have the tow operator sign the 75-7 attesting to the contents of the vehicle. Salvors must legibly write their address and phone number on the 75-7. This information should also be documented on the 75-48 or 75-48A.

f. The 75-7 will be distributed as follows:

White – Tow Truck Operator Yellow – Retain in District tickler file for 90 days Pink – Abandoned Vehicle Unit Goldenrod – Reports Control Unit – must be attached with the original Stolen Vehicle Report (75-71).

B. Police Radio “M” Band Personnel will:

DIRECTIVE 12.5 - 2 APPENDIX “A”

1. Determine from the patrol officer what type of tow truck is needed (flatbed or regular tow truck) and contact a contracted salvor.

2. Maintain an accurate list of salvors for an equitable rotation and distribution of towing assignments.

3. Contact/Cancel/Verify salvors when requested by a patrol officer or supervisor. Inform the officer/supervisor of the name of the company who will be arriving to tow the vehicle.

4. Document every tow request on a Police Radio Recovered Stolen Vehicle form, which will be reviewed by a Radio Room supervisor.

5. Inform a Radio Room supervisor when a salvor has failed to respond to a tow request in the allotted time. Additionally, a Neighborhood Services Unit supervisor will be notified on the 8am-4pm tour of duty.

C. Radio Room Supervisor will:

1. Review all tow requests on the Police Radio Recovered Stolen Vehicle Forms and submit them to the Commanding Officer after every shift.

D. Commanding Officer, Police Radio will:

1. Forward any required towing reports to the Neighborhood Services Unit on a monthly basis.

E. Operations Room Supervisor (ORS) of the District of Recovery will:

1. Review the information on the 75-48 and/or 75-48A and the 75-7 for accuracy and completeness and sign these forms. A copy of the 75-7 will be faxed to the *4 Neighborhood Services Unit on all tours of duty at (215) 685-9507/9686XXX- XXXX

2. In all cases, immediately notify the owner of the vehicle by phone of the recovery, and provide the following information:

a. Name, location, telephone number, and the business hours (Monday through Friday, 8:00 AM to 5:00 PM and Saturday 8:00 AM to 12:00 PM (noon)) of the contracted salvor who towed the vehicle.

b. Inform the owner that a release form must be obtained from the Neighborhood Services Unit, 4000 North American Street (entrance is on Luzerne Street) before the vehicle can be released from the salvors lot.

DIRECTIVE 12.5 - 3 APPENDIX “A”

c. Current registration or the title of vehicle, a valid driver’s license, and current insurance coverage (if applicable) must be provided to obtain the release form.

d. Inform the owner that all towing and storage fees must be paid to the salvor before the vehicle will be released and any vehicle unclaimed after ten (10) days will be declared abandoned.

NOTE: Recovered Stolen Vehicle charges:

Storage-Towing and storage fees of a reclaimed stolen vehicle shall be assessed in accordance with the provisions of the Philadelphia Code Title 12-2406.1

3. Investigate the owner for outstanding warrants, tickets, and scofflaw violations.

NOTE: The vehicle will not be released if the owner is a scofflaw. If the owner is a scofflaw, a release form must be obtained from Traffic Court. The Neighborhood Services Unit will check with Traffic Court to verify that the tickets were not issued after the vehicle was in stolen status. If the owner is a scofflaw; the vehicle can be released only if the owner shows proof that the tickets were satisfied or a payment plan has been established to satisfy the tickets. (Traffic Court’s business hours are Monday through Friday, 9:00 AM to 6:00 PM, and Saturday, 9:00 AM to 1:00 PM.)

4. If the owner can’t be contacted by phone, the ORS will prepare a 75-48 containing the same information stated in paragraph 2 and have it delivered to the owners residence.

5. The method of the owner notification must be placed on the recovery message and documented on the 75-7 along with the name and badge of police personnel making the notification.

6. Immediately notify the detective division of recovery when a stolen vehicle is recovered in Philadelphia, but was stolen in another jurisdiction. The recovery message should not be sent until an investigation control number is obtained from the detective division. This will ensure that the detective can first verify the stolen status of the vehicle, and obtain necessary information prior to removal from NCIC.

a. The ORS will contact the respective police department in the jurisdiction of the stolen vehicle, fax them a completed copy of the 75-48, and request that it be delivered to the owner. Request the agency verify notification of the owner.

DIRECTIVE 12.5 - 4 APPENDIX “A”

7. Release forms must be obtained at the Neighborhood Services Unit. The only exception is when the owner arrives at the scene of the recovery. The Neighborhood Services Unit’s hours of operation are (Monday through Friday, 8:00 AM to 4:30 PM). The Neighborhood Services Unit will be responsible for sending a certified letter to the owner.

8. In cases where there is no arrest, immediately transmit a recovery message in PIIN. This will ensure the removal of the vehicle from stolen status in the local PCIC and the NCIC computers. If an arrest is made, the recovery message will be transmitted immediately by the detective division of recovery. The vehicle will not be taken out of stolen status until confirmation has been obtained that the vehicle is in a salvor’s possession or has been released to the owner at the scene.

9. Record and update all information on the S&R.

F. Detective Division of Recovery will:

1. Complete the INCT and prepare a Supplemental Investigation Report (75-52) in PIIN when a stolen vehicle is recovered and any one of the following occurs:

a. An arrest is made.

b. An investigation results in a status change to “Exceptionally Cleared.”

c. A recovery involves an outside jurisdiction (stolen in Philadelphia and recovered in other jurisdiction – Philadelphia Code 727).

d. The investigation by the assigned detective results in the stolen vehicle being unfounded (i.e., Abandoned Auto, Try and Locate, etc.).

2. Immediately transmit a recovery message in PIIN. This will ensure the removal of the vehicle from stolen status in the PCIC and NCIC computers. The vehicle will not be taken out of stolen status until confirmation has been obtained that the vehicle is in a salvors possession or has been released to the owner at the scene.

3. When a vehicle is recovered in Philadelphia but was reported stolen in another jurisdiction (Philadelphia Code - 730), the assigned detective will prepare a 75-49 in PIIN.

NOTE: Verify stolen status in NCIC before issuing an investigation control number.

G. The Commanding Officer of the district of recovery will bear the responsibility of ensuring that recovered vehicle owners are notified in a timely manner and supplied

DIRECTIVE 12.5 - 5 APPENDIX “A”

with the information listed in Section 2-E-2.

H. Police Finance Unit will:

1. Prepare a weekly invoice for each salvor billing for the number of tows recorded.

2. Collect and deposit funds in the appropriate City account or forward funds to the appropriate City agency.

3. Notify the Deputy Commissioner, Patrol Operations of any salvor whose account becomes delinquent. ______

*1 3. PPA RECOVERED STOLEN VEHICLES

A. The responding Patrol Officer will:

1. Physically inspect the recovered stolen vehicle in the PPA lot and confirm that the vehicle is, in fact, in stolen status by conducting a NCIC/PCIC check through police radio.

NOTE: The vehicle WILL NOT be towed from the PPA lot. The only exception will be if the vehicle is in a “Guard for Prints” status. If in this status, Police Tow will be contacted to tow the vehicle.

2. A DC# will be obtained for the recovered stolen vehicle. Prepare a Complaint or Incident Report (75-48) for the recovered stolen vehicle. The address and phone number for the PPA Impound Lot, along with the name and badge number of the PPA officer making the report will be included on the 75-48.

B. The Operations Room Supervisor in the District of Recovery will:

1. Review the information on the 75-48 for accuracy and completeness and sign the report.

2. Immediately notify the owner(s) of the vehicle’s recovery by phone and provide the following information:

a. The PPA lot address and phone number where the vehicle is being held.

b. Advise the owner that the PPA will require the registration or title for the vehicle, a valid driver’s license and current insurance coverage (if applicable) must be provided to the PPA to retrieve the vehicle.

NOTE: A release form WILL NOT be required from the Neighborhood Services Unit (NSU) and the PPA will be responsible for investigating

DIRECTIVE 12.5 - 6 APPENDIX “A”

any outstanding tickets and scofflaw violations.

3. If the owner can’t be contacted by phone, the ORS will prepare a 75-48 containing the same information listed in Section 3-B-2 and have it delivered to the owners residence.

4. The method of the owner notification must be placed on the recovery message along with the name and badge of police personnel making the notification.

5. Immediately notify the detective division of recovery when a stolen vehicle is recovered in Philadelphia, but was stolen in another jurisdiction. The recovery message should not be sent until an investigation control number is obtained from the detective division. This will ensure that the detective can first verify the stolen status of the vehicle, and obtain necessary information prior to removal from NCIC.

6. In cases where there is no arrest, immediately transmit a recovery message in PIIN. This will ensure the removal of the vehicle from stolen status in the local PCIC and the NCIC computers. If an arrest is made, the recovery message will be transmitted immediately by the detective division of recovery. The vehicle will not be taken out of stolen status until confirmation has been obtained that the vehicle is in the PPA’s possession or has been released to the owner at the scene.

7. Record and update all information on the S&R.

C. Detective Division of Recovery will:

1. Complete the INCT and prepare a Supplemental Investigation Report (75-52) in PIIN when a stolen vehicle is recovered and any one of the following occurs:

a. An arrest is made.

b. An investigation results in a status change to Exceptionally Cleared.

c. A recovery involves an outside jurisdiction (stolen in Philadelphia and recovered in other jurisdiction – Philadelphia Code 727).

d. The investigation by the assigned detective results in the stolen vehicle being unfounded (i. e., Abandoned Auto, Try and Locate).

DIRECTIVE 12.5 - 7 APPENDIX “A”

2. Immediately transmit a recovery message in PIIN. This will ensure the removal of the vehicle from stolen status in the PCIC and NCIC computers. The vehicle will not be taken out of stolen status until confirmation has been obtained that the vehicle is in the PPA’s possession or has been released to the owner at the scene.

3. When a vehicle is recovered in Philadelphia which was reported stolen in another jurisdiction (Philadelphia Code - 730), the assigned detective will prepare a 75-49 in PIIN.

NOTE: Verify stolen status in NCIC before issuing an investigation control number.

BY ORDER OF THE POLICE COMMISSIONER

DIRECTIVE 12.5 - 8 APPENDIX “A”

DIRECTIVE 12.5 - 9 APPENDIX “A”

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5

APPENDIX “B”

Issued Date: 06-12-15 Effective Date: 06-12-15 Updated Date: 02-01-17

SUBJECT: TOWING FROM PRIVATE LOTS AND DRIVEWAYS ______

1. POLICY

A. To protect the citizens and visitors of Philadelphia from the illegal towing of parked vehicles from private lots and driveways the Philadelphia Police Department shall strictly enforce the provisions of City Code §9-605(11). ______

2. CITY CODE §9605 (11) PROCEDURES

A. Only licensed towing companies shall be permitted to tow any illegally parked vehicle from any licensed or unlicensed parking lot, from private property, from any common driveway and from in front of any driveway where the vehicle is blocking access to the driveway, provided that such towing companies have prior written permission of the owner or other person in lawful possession of the property, or of a designated agent of such person, prior to towing from or in front of such property. A towing company shall retain on file all written permissions required by this section.

B. No such tow is permitted unless the parking lot or private property has posted in a conspicuous place near its entry, which can be easily seen by the public, a sign no smaller than thirty-six (36) inches high and thirty-six (36) inches across or, for single family residential properties, no smaller than eighteen (18) inches high and eighteen (18) inches across, with text of sufficient size to ensure that the sign can be easily read. No such sign shall be posted unless the towing company has reported the location of the sign to the Department of Licenses and Inspections. The towing company is responsible for the information on the sign, which shall give notice:

1. That unauthorized parking is prohibited and unauthorized vehicles will be towed.

2. That vehicles whose authorized parking time has elapsed will be towed.

3. Of the name, address and telephone number of the towing company.

4. Of the charges for the towing and storage of towed vehicles.

DIRECTIVE 12.5 - 1 APPENDIX “B”

5. Of the place where the towed vehicle can be redeemed after paying the allowable charges and the hours of operation.

6. That payment shall be made by cash, credit card, or debit card.

7. That towing related complaints shall be reported to 3-1-1.

C. No towing company may charge more than the amounts set forth in City Code §9- *2 605(11)(b)(1) through (3) for towing and storage of vehicles from parking lots and private property.

*2 D. No vehicle shall be hooked, towed or handled in any manner, unless the vehicle has been ticketed by the police or other law enforcement authority for violation of City Code §12-913(1)(b)(i) (relating to parking in front of a public or private driveway) or§12-913(2) (relating to parking or leaving unattended a vehicle on private property without consent of the owner), except that in a licensed parking lot, a vehicle may be moved to another location in the parking lot prior to being ticketed. Before issuing such ticket, the Police Department shall determine whether or not the vehicle has been reported stolen. If the vehicle is reported stolen, the recovered stolen auto vehicle procedures in Appendix “A” of this directive shall be followed.

*2 1. Hospital Parking Lot Exception:

a) An authorized tow company may remove a vehicle that is illegally parked on the premises of a hospital or relocate it on the hospital premises, without the vehicle first being ticketed for a violation provided that:

1) Prior to any tow to remove the vehicle, an employee designated by the hospital completes a form that includes a description, including license plate number of the vehicle to be towed, its location and the date and time the hospital requested the tow. A copy of the completed form shall be affixed to the vehicle in a conspicuous place and shall not be removed except by the vehicle owner.

E. Prior to towing a vehicle under this subsection of the City Code (§9-605(11)), the towing company shall take a digital photograph that clearly shows the following:

1. The vehicle’s license plate

2. The violation for which the vehicle is being towed

3. The posted sign identifying that unauthorized parking is prohibited where the vehicle is parked, and that unauthorized vehicles will be towed.

DIRECTIVE 12.5 - 2 APPENDIX “B”

F. Prior to towing a vehicle under this City Code section, the towing company shall obtain the signature of the owner of the property or the owner’s agent, certifying the owner’s or agent’s knowledge of the violation, and included on the certification form the vehicle’s license plate number, the nature of the violation, and the date and time. A copy of the signed certification form shall be provided to the owner or agent prior to towing the vehicle. The towing company shall retain a copy of the certification for at least sixty (60) days, or until the vehicle is claimed, whichever is later.

NOTE: If the towing company has an agreement with a property owner to tow vehicles in violation of posted rules without notice from the property owner and is unable to obtain a signature from the owner or agent for each tow, the company shall, in lieu of a signed certification, place a letter from each property owner in each of its tow trucks, stating the terms of the towing company’s authority for the location, the violations, and hours for which the authority is effective, and signed by the owner or the owner’s agent. SUCH LETTERS MUST BE PRODUCED ON REQUEST OF THE PHILADELPHIA POLICE DEPARTMENT. ______

3. ENFORCEMENT

A. At any time during normal business hours, consistent with applicable law, the Police Department may inspect the towing company’s office or vehicle storage lot, in order to obtain information concerning any vehicles towed pursuant to this Appendix, including photographs and certifications for vehicles currently on the storage lot.

*2 B. Upon reasonable suspicion that a tow truck traveling with a hooked vehicle has towed a vehicle from a private lot or driveway in violation of the City Code, a Police Officer may stop the tow truck and request to review the photographs, property owner certifications for the vehicle or the parking ticket. Failure or refusal by the tow truck driver to produce such documents for a vehicle towed under City Code §9-605(11) (i.e., towing from private lots, properties and driveways) shall constitute a violation subject to the penalties in City Code §9-605(4).

C. Any person licensed to engage in the business of towing, who violates this provision by towing an illegally parked vehicle from a private lot, or illegally blocking a private driveway without compliance to this policy, will be ordered to release the towed *2 vehicle immediately, without charge and be issued a Code Violation Notice in accordance with Directive 3.6, “Code Violation Notices.” The code section for the violation will be City Code Section §9-605(11)(d).

D. In addition, the Police may impound any unlicensed tow truck (City Code Section 9-605(14) (b)).

DIRECTIVE 12.5 - 3 APPENDIX “B”

4. PRIVATE TOWING OF VEHICLES PARKED ILLEGALLY ON PRIVATE PROPERTY

A. Private towing operators may tow a vehicle illegally parked on private property upon compliance with all applicable provisions set forth in this appendix.

1. Police supervisors will be called to the scene of all disputes involving towing operators and vehicle operators and will prepare a Complaint or Incident Report (75-48) coded "Disturbance." This information will include data regarding the towing operator, tow truck, vehicle operator, and the vehicle involved.

*2 2. If the vehicle is in the process of being towed or has already been towed from the scene in violation of the conditions noted in this appendix, the patrol supervisor will order the towing operator to release the vehicle to its owner/operator or return the vehicle to the location from which it was towed and issue a Code Violation Notice in accordance with Directive 3.6. The code section for the violation will be City Code Section §9-605(11)(d)

a. Refusal by the private towing operator to release the vehicle, under these circumstances, amounts to a theft of vehicle under Section 3921 Crimes Code, a felony of the third degree.

*2 3. Operations Room Supervisors (ORS) will ensure that when a Code Violation Notice (CVN) is issued or an arrest is made of a private towing operator, the Major Crimes Auto Squad will be notified of the date, time, DC#, District Arrest Number and any other pertinent information.

B. Police Radio Room Supervisor will ensure that:

1. Information received by Police Radio from private towing operators/dispatchers regarding vehicles illegally parked on private property is promptly entered into the PCIC Towed Vehicle File. This information will include:

a. location removed from and location of storage, b. make, model, and color of the towed vehicle, c. registration number (license) and/or VIN, d. reason for towing the vehicle, e. name of towing operator and towing company, f. registration number of towing vehicle.

DIRECTIVE 12.5 - 4 APPENDIX “B”

2. A PCIC/NCIC check is made to determine if the vehicle is reported stolen or is in a try-and-locate status. If a positive inquiry occurs, police personnel will be immediately dispatched to the scene to prevent the vehicle's removal.

C. Commanding Officer, PCIC, will ensure that information on vehicles privately towed for illegal parking on private property is retained in the Towed Vehicle File for a period of 30 days from the date of entry. Upon the expiration of the 30 days, this information may be purged from the system.

5. PRIVATE TOWING OF DISABLED VEHICLES

*2 A. If the police are dispatched or otherwise respond to a disabled vehicle, only the authorized tow truck from the Rotational Tow program will be authorized to remove the vehicle. If an unauthorized tow truck attempts to remove the vehicle, the follow rules will apply:

1. If the vehicle has not yet been towed from the scene, the private towing operator will be instructed to leave the disabled vehicle at its present location.

2. If the disabled vehicle is in the process of being towed, instruct the private towing operator to release the vehicle in a lawful location ensuring that it will not obstruct *2 traffic and issue a Code Violation Notice. The code section for the violation will be City Code Section §9-606(4)(a).

a. Police personnel will notify Police Radio of the location of the towed vehicle and prepare a 75-48 with information regarding the tow operator, tow truck, vehicle moved, and the reason for ordering the vehicle's release.

*2 3. Refusal by the private tow operator to release the vehicle, under these circumstances, amounts to a theft of vehicle under Section 3921 Crimes Code, a felony of the third degree. Also, according to City Code Section §9-605(14) police may impound a tow truck if its driver refuses a lawful order of a police officer and tows or attempts to tow a vehicle from the scene where police have been dispatched or otherwise respond (See also City Code §9-605(14)).

DIRECTIVE 12.5 - 5 APPENDIX “B”

______

6. TOW TRUCK INVESTIGATIONS

A. Tow trucks and their operators have often been used in the commission of vehicle thefts. Accordingly, it is imperative that all officers scrutinize and investigate, when appropriate, all tow trucks operating within the City limits. In Philadelphia, the operation of all tow trucks is governed by City Ordinance Section 9-605 in addition to all state laws and regulations, and Philadelphia police officers are authorized to enforce such laws and regulations.

B. However, despite the association between tow trucks and vehicle thefts, any investigation by police must still be predicated upon either “reasonable suspicion” or “probable cause”. Consequently, an officer may investigate a tow truck if he or she has developed either reasonable suspicion or probable cause that the tow truck is in violation of the city ordinance or state law. As always, officers are authorized to enforce and investigate all Vehicle Code offenses and criminal activity which has risen either to the level of reasonable suspicion or probable cause. It is imperative that when stopping any vehicle that the basis of investigation be well documented. This is crucial in order to avoid suppression of any evidence or of any arrest. ______

7. TRACKING BY THE DEPARTMENT OF LICENSES AND INSPECTIONS

A. In an effort to assist the Department of Licenses and Inspections (L&I) in tracking tow operators who are unlicensed or violate the City Code, the 75-48A for all tow truck investigations which result in any Philadelphia Code violation will be given to the ORS. The ORS will forward the report to the Commanding Officer who will be responsible for submitting a copy to the Commanding Officer, Major Crimes Unit, for further processing. These 75-48A’s must include the VIN, L&I license number, if any, as well as owner and operator information.

8. ACCIDENT INVESTIGATIONS

A. Officers investigating any vehicle accident where a tow operator voluntarily responds to the scene will, as a part of the official investigation, insure that the tow truck and operator are legally permitted to tow the vehicles prior to the release of any disabled vehicles from the scene. Any investigations performed pursuant to this section should be documented along with any violations, as indicated above.

DIRECTIVE 12.5 - 6 APPENDIX “B”

9. PHILADELPHIA AND STATE LAWS PERTAINING TO TOW TRUCKS

A. In an effort to assist the officers on the street, the following list of the major tow truck regulations have been compiled along with some general state laws which apply to all vehicles. This list should be used as a guide when investigating tow trucks in the city.

1. Philadelphia Towing Ordinance, Chapter 9-605

9-605(2)(c)(1)(.a)--Class A Light Tow Truck (GVW 8,000 lbs.

Mounted on the chassis must be a complete commercially manufactured crane and the tow truck body must comply with all state laws pertaining to fenders and lighting equipment, and have an appearance similar to a commercially manufactured tow truck body.

2. 9-605(2)(c)(.2)(.a)--Class B Medium Tow Truck (GVW 15,000 lbs.)

3. 9-605(2)(c)(.3)(.a)--Class C Heavy Tow Truck (GVW 24,000 lbs.)

4. 9-605(2)(c)(.4)--Light Utility Tow Truck (GVW 10,000 lbs.)

Mounted on the chassis must be a complete commercially manufactured hydraulic crane or winch. The tow truck body must comply with all state laws pertaining to fender and lighting equipment, and have the appearance similar to a commercially manufactured tow truck body.

5. 9-605(2)(e)(.1)--Amber Rotation or Strobe Light

Every tow truck shall maintain an amber rotation or strobe light mounted on top of said truck and viewable when in use from the front, rear, and both sides.

DIRECTIVE 12.5 - 7 APPENDIX “B”

6. 9-605(2)(e)(.2)--Flood Lights

Every tow truck shall maintain flood lights on its hoist if so equipped.

7. 9-605(3)(a)--License Required

No person shall engage in the business of towing vehicles unless that person has obtained a license from the Department of Licenses and Inspections.

8. 9-605(3)(c)(.1)--License Required to be Carried

Every person licensed to engage in the business of towing vehicles shall, as a condition to the retention of their license; carry a copy of their license in each towing vehicle when in use (see Example 4).

9. 9-605(3)(c)(.1)--L & I Tow Truck License Decal

Every person licensed to engage in the business of towing vehicles shall, as a condition to the retention of their license, display the Department of Licenses and Inspections decal. The decal shall be attached to the vehicle or truck displayed in a place which is clearly visible to the public. The decals shall be used only during the year for which they were issued (see Example 3).

10. 9-605(3)(c)(.2)--Required Lettering

Every person licensed to engage in the business of towing vehicles shall, as a condition of retention of their license legibly inscribe in letters not less than one and one half inches high on the door of the tow truck the vehicle identification consisting of commercially painted name or business logo, address, and telephone number of licensee, towing license number, the tow truck classification, and in letters not less than one inch high, a statement that a complete certified fee schedule is available from the driver.

NOTE: All tow trucks in the City must be licensed. The words “Not For Hire” painted on the doors does not alleviate the tow truck from the provisions of the City Ordinance.

11. 9-605(3)(c)(.5)--Fee Schedule

Every person licensed to engage in the business of towing vehicles shall, as a condition to the retention of their license, carry in each towing vehicle, when in use a copy of the complete fee schedule filed in accordance with Section 9- 605(3)(b)(.1). The copy of the fee schedule must be certified by the Department of Licenses and Inspections (see Example 5).

DIRECTIVE 12.5 - 8 APPENDIX “B”

12. 9-605(5)--Towing Agreement

No person shall remove or tow a disabled vehicle from or to a place within the limits of the City of Philadelphia unless a towing agreement, in triplicate, has been signed by the owner of the disabled vehicle or their authorized representative, the operator of the Towing vehicle, and the police officer, if one is present, except when towing is being performed pursuant to an emergency service, the signature of the owner is not required. Licensed tow trucks may tow vehicles from parking lots and private property without an owner’s consent but only if the property is properly posted according to Section 9-605(11)(a) and the police are notified according to Section 9-605(11)(c) (see Example 6).

13. 9-605(2)(e)(.7)- Required Accessories

Every tow truck shall maintain on board at all times, on call or idle, at least one heavy duty broom, shovel, axe and crowbar or pry bar, one pair of bolt cutters, one set of jumper cables, one flashlight, one fire extinguisher (ABC five pounds or larger), and one first aid kit for all classes of tow trucks.

B. Pennsylvania State Law

1. 4905(e)--Obstructed Lighting Equipment

Whenever the rear running lights, turning signals, or hazard warning lights required by law are obstructed by a towed vehicle, lighting equipment shall be displayed on the rear of the towed vehicle.

2. 4524(a)--Front Window Obstructions

No person shall drive any motor vehicle with any sign, poster, and other non-transparent material, snow, or ice upon the front windshield which materially obstructs, obscures, or impairs the driver’s clear view, except for an inspection and emission sticker.

3. 4524(b)--Side Window Obstructions

No person shall drive any motor vehicle with any sign, poster, and other non- transparent material, including ice or snow, upon the side or rear windows of the vehicle which materially obstructs, obscures, or impairs the driver’s clear view.

DIRECTIVE 12.5 - 9 APPENDIX “B”

4. 4524(c)--Other Window Obstructions

No person shall drive any motor vehicle with any object or material hung from the inside rearview mirror or otherwise hung, placed, or attached in such a position as to materially obstruct, obscure, or impair the driver’s vision through the front windshield, or in any manner as to constitute a safety hazard.

5. 4533--Rear Wheel Shields (Mud Flaps)

Every truck driven on a highway shall be so constructed or equipped as to bar water or other road surface substances thrown from the rear wheels.

6. 4534--Rearview Mirrors

No person shall operate a motor vehicle on a highway unless the vehicle is equipped with at least one mirror or similar device, which provides the driver an unobstructed view of the highway to the rear of the vehicle.

NOTE: Every tow truck and its operator while operating on the highways of Philadelphia is subject to all the provisions of the Pennsylvania Vehicle Code pertaining to safety, registration, inspections licensing, and insurance. This list represents only a few of most common safety requirements. ______

BY COMMAND OF THE POLICE COMMISSIONER ______

DIRECTIVE 12.5 - 10 APPENDIX “B”

DIRECTIVE 12.5 - 11 APPENDIX “B”

EXAMPLE 3: Philadelphia Tow Truck License Decal (actual size 8½ x11” with red lettering on a yellow background)

TOW TRUCK LICENSE TAG

Valid Thru

1998

T.T. # ______

City of Philadelphia Department of Licenses and Inspections ______

DIRECTIVE 12.5 - 12 APPENDIX “B”

EXAMPLE 4: Philadelphia Tow Operator’s License

James John Towing City of Philadelphia 1234 5th Avenue Department of DISPLAY PROMINENTLY Philadelphia, PA 19105 License & Inspections P.O. Box 53360 Philadelphia, PA 19105 if required by law

THIS LICENSE IS GRANTED TO THE PERSON AND LOCATION FOR THE PURPOSE STATED ABOVE IT IS SUBJECT TO IMMEDIATE CANCELLATION BY THIS DEPARTMENT FOR VIOLATION OF CITY ORDINANCE AND REGULATIONS.

LICENSE CODE LICENSE NO. BUSINESS EXPIRES LAST CURRENT FEE DELINQUENT FEE PENALTY TOTAL FAX DAY OF 3383 000000 3137395 12/92 50.00 50.00

James John Towing PAY THIS AMOUNT 50.00 1234 5th Avenue Philadelphia, PA 19105 ON OR BEFORE 02/15/92

If not paid on time, a penalty will be charged at a rate of 1.5% per month

“CASHIERS VALIDATION IMPRINTED ON BACK”

DIRECTIVE 12.5 - 13 APPENDIX “B”

EXAMPLE 5: Fee Schedule

James John Towing 1234 North 5th Street Junk Cars Philadelphia, PA 19125 TOWED FREE

Authorized State Police Towing

October 21, 1998

CITY OF PHILADELPHIA DEPT OF L & I LICENSE ISSUANCE UNIT MUNICIPAL SERVICES BUILDING 1401 John F. Kennedy Blvd Philadelphia, PA 19102

CERTIFIED TOWING AGREEMENT & FEE SCHEDULES under SECTION 9-605 by the DEPARTMENT OF LICENSES AND INSPECTIONS.

BUSINESS PRIVILEGE LICENSE NUMBER 123456 LICENSE CODE NUMBER 789123 TOW TRUCK LICENSE # 000000 # 000001 # 000002

THE MAXIMUM CHARGES FOR TOWING

A. NORMAL WORK HOURS ( 6:00 AM TO 7:00 PM ) $40.00 Hook up $2.00 per mile

B. EVENINGS, WEEKENDS & HOLIDAYS $50.00 Hook Up $2.00 per mile

C. MAXIMUM STORAGE FEE cannot exceed $25.00 per day (Calculated on a 24 hour basis.)

D. Any SERVICE CHARGE, other than towing, for a minor repair at the site cannot exceed $10.00 and the cost of any replacement part.

James John

(OWNER)

DIRECTIVE 12.5 - 14 APPENDIX “B”

EXAMPLE 6: Towing Agreement City of Philadelphia

AGREEMENT made this______day of______19____, by and between______whose vehicle towing business is at______hereinafter called “tower” and ______the owner of a disabled vehicle or owner’s authorized representative, hereinafter called “owner.”

WITNESSETH, that in consideration of the mutual promises herein contained, the parties herein agrees as follows:

1. Tower shall, and is herby authorized to, do all acts required to move the vehicle bearing license number ______, and owned by ______from ______to ______. CERTIFIED TOWING AGREEMENT & FEE SCHEDULES SECTION 9-605 by DEPT of L & I 2. THE MAXIMUM CHARGES FOR TOWING RATE OF CHARGE A. NORMAL HOURS (6:00 am to 7:00 pm) $40.00 HOOK UP & $2.00 PER MILE (A) ______AGREEMENT B. EVENINGS, WEEKENDS & HOLIDAYS (B) ______NOT $50.00 HOOK UP & $2.00 PER MILE (C) ______FOR C. MAXIMUM STORAGE FEE $25.00 A DAY (D) ______REPAIR D. SERVICE CHARGE for minor repair cannot exceed $10.00 plus parts TOTAL $______2(e). (to be used in lieu of 2 when owner is a member of a club or association where dues include towing service.) “Owner is a member of ______Club or Association whose dues include towing service as a membership service for which no charge is made for members.” Tower represents that none of the licensed charges exceed the charges presently listed by tower with the Department of Licenses and Inspections of the City of Philadelphia, hereafter called “Department.”

3. Owner herby agrees to pay the charges listed in paragraph 2. If any item of charge exceeds the charge contained in the list of charges filed with the Department, a refund shall be made of the excess to owner.

4. Tower represents that the owner of the towing vehicle is______tower’s towing license number is______the registration number of the towing vehicle is______and said license has not been suspended or revoked.

5. Tower further represents that the place to which said vehicle is to be moved, as set forth in paragraph 1 above, is a bonafide garage or storage or repair station which is within a reasonable distance from the scene of the accident.

6. Unless owner has ordered additional work or services on said vehicle in accordance with the items of the Philadelphia Towing Ordinance of June 8, 1953, and vehicle shall be released to owner upon tender of payment of the amount due for towing and/or storage.

7. The vehicle shall at all times be freely accessible for inspection and examination to the owner, the owner’s authorized representative or a representative of the owner’s insurance order.

8. The definitions contained in the Philadelphia Towing Ordinance shall apply to the words and phrases used in this Agreement.

9. This Agreement covers towing and storage (if required) only and contains the complete understanding of the parties with respect therein.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year above written.

WITNESSES: ______L.S.______L.S. OWNER OR DRIVER I, the undersigned, so hereby certify that I am Officer No.______of the Police Department of the City of Philadelphia, that I was present at the signing of this agreement, which was signed at the scene of the collision or accident, that I have read the same one that I have received a copy thereof. SIGNED______DIRECTIVE 12.5 - 15 APPENDIX “B”

EXAMPLE 7: Screenshot of AutoReturn Dispatch Confirmation

 To report problems with a tow company or a tow company driver, contact AutoReturn at 215-933-5031. They will be tracking tow company issues and following up with the tow companies about reported problems.

DIRECTIVE 12.5 - 16 APPENDIX “B”

Company Name

Company Address

Is Licensed as: Collector – Repossessor License Number: XXXXX *Effective Dates of License: October 1, 2019 through September 30, 2020

DIRECTIVE 12.5 - 17 APPENDIX “B”