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.