Published: Wednesday, March 19, 2025
By Randall C. Resch
I’ve learned nothing’s fair in the world of annual inspections. Sometimes, even the simplest challenges go sideways when attitude meets authority head-on.
At an annual inspection, a female tow boss failed five of my company’s tow trucks over her perception of center pivot pin malfunction. And during inspection, she told my driver: “Carriers can’t use J-hooks as securing equipment.” When the driver questioned her comment, he interjected his bad attitude by responding with stupidness of his own.
Attitude v. Authority
So your company’s trucks went to annual inspection and failed, you say? Speaking directly to equipment failure, did you know that law enforcement agencies generally have an appeal process? Will you take a mechanical failure (five times over) without resistance, or do you simply wait for next year’s rotation?
If you’re looking at disciplinary action, was the suspension letter initiated by the area command or by the tow boss alone? From the command, I believe an upper-level commander’s position is to review your complaint, while at the same time looking to review that tow trucks were equipped and operational “to the letter” of the contract’s agreement. And when specific violations were noted, was the wrecker or carrier equipped to operational standards according “To the letter of the law” written in the state’s motor vehicle codes and safety laws?
When our five-trucks failed (at the same time), the new tow boss hadn’t done her homework when referring to tow and recovery equipment. To avoid being unjustly removed from rotation, proving her wrong was key to the success of filing our appeal. Just like appearing before a judge, the burden of proof was mine to bear to refute the tow boss’s decision.
File Away
The appeal process starts by filing an immediate complaint, directed at the tow boss, addressed directly to the area commander. While sometimes filing a complaint may lead to “political suicide,” doing nothing can lead to certain loss. If you believe the agency is incorrect, file an appeal. Your opening letter should be professionally written, factual and non-argumentative.
State what you perceived the problem is without whining, being over-bearing or threatening. Don’t whine by saying the officer was mean to your driver; that’s kid’s stuff and it does no good.
State the facts as you know them and provide exact proof your truck’s does pass inspection. Regarding my pivot pin issue, I contacted our truck manufacturer seeking clarification. The manufacturer provided design specs and photos describing the pin’s movement (tolerances) as part of the manufacturer’s process. Better yet, the manufacturer’s president accompanied me to the appeal meeting.
Back it Up
I’ve had discussions with tow owners complaining that inspectors were overly picky. News flash, that’s their job! If inspectors noted the gas can was leaking, it sounds like the truck needed a new can or at least a new gasket? If the dolly tires were sun rotted, another ding. If the truck’s winch-line had kinks and spurs, it too should have been replaced.
If your trucks are marginal and can’t pass, don’t blame the inspectors; the trucks weren’t prepared. Know this, even brand spankin’ new trucks, one-hour from the manufacturer’s floor, might show something to be challenged by varying inspectors. Tow drivers and tow owners are in no position to argue about the discoveries made by inspectors, but if a failure is fixable, get it fixed. If the truck fails inspections, for what reasons did it fail?
By reading the agencies contract agreement under “Inspection and Equipment,” it likely defines what the requirements for inspection are for the class wrecker and carrier being approved. Understand that law enforcement generally holds tow trucks to be “close to perfect standards.”
Appeals should make no reference to what your state’s associations allow. Your association can’t do anything for you because a.) the association wasn’t there and b.) it’s not the associations’ trucks being inspected. Don’t argue “my association says it’s ok.” That is a losing proposition.
When defending an appeal, a professional, business-like approach is in order. In so many words, you get more with kind words and a smile than you’ll ever get with a bad attitude and a smoking gun.
No Entitlement
Law enforcement doesn’t owe towers anything. Don’t show an air of entitlement. If you’re the only qualified tower in your area, wouldn’t it be nice if the agency would simply reinstate you with an apology and open arms? However, agencies typically stand strong on their decisions and seek another company for services. That means, there’s always someone willing to fill the gap.
If you get no satisfaction from your tow boss, climb the chain of command to the agency’s lead Sheriff, Chief of Police or Commissioner. Keep calm, respectful, honest, and factual, stating your case in a non-whining manner.
Could you file suit against the agency? Think before you act as it’ll likely cost thousands in legal fees, lost time and the frustration of losing the appeal overall.
When tow company’s face disciplinary actions or removal from rotation, don’t take it lightly. An appeal should be quick and decisive supporting the disqualifying issue. In my case, I appealed immediately by presenting proof that nothing was mechanically wrong.
The Bottom Line
I presented solid proof that nothing was mechanically wrong with my trucks. I factually proved my company’s equipment met the strict requirements of the highway patrol. I ultimately “proved beyond a doubt” that the tow boss was incorrect. All disqualified trucks eventually passed.
If you don’t like what the agency or department does or says, it’s your option to decline towing for them. Intimidation aside, true diligence proved our company worthy of being on rotation.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 52-years, he has been involved in the towing and recovery industry. In 28-years, he has contributed more than 750-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee. Email Randy at rreschran@gmail.com.
Published: Wednesday, March 12, 2025
By Brian J. Riker
A colleague of mine recently noted an alarming increase of tow truck involved crashes, not struck-by or other slow down move over type incidents, rather simple crashes. Most of these have been single vehicle crashes, meaning the tow driver played a significant role in the events causing the crashes.
Often tow bosses focus their training efforts on recovery challenges, roadside assistance procedures or basic towing training without spending any time on a key job function - the actual driving of the tow truck. I understand that training budgets are tight, and time is hard to find for training, however that does not make it any less important.
OSHA addresses motor vehicle operations for general industry using the general duty clause, a catch all that basically makes employers responsible for training against all recognized hazards. The Federal Motor Carrier Safety Administration (FMCSA) addresses this in several industry regulations and ANSI even has a published standard for commercial fleet operations.
Unfortunately, most service agreements between towers and law enforcement, or other vendors, make no mention of behind the wheel training. Most only focus on some sort of towing training, or certification, if any formal training at all. This means behind the wheel skills are often overlooked until something serious happens.
Proper driving techniques must be evaluated upon hire to both establish a base line of the new employee’s performance and verify that they possess the basic skills required to operate their assigned truck. This road test should also be conducted before a driver is permitted to move up to a higher class of vehicle, example from a light duty wrecker to a medium duty wrecker.
Although the regulations for non-CDL drivers vary widely from state to state, the FMCSA typically requires a road test for all newly hired drivers before you can allow them to operate a truck. I strongly suggest performing a road test on all drivers yearly in the same manner that pilots undergo a check ride with a qualified examiner.
Here are a few of my tips for safe driving that, although targeted towards tow trucks, are applicable to any vehicle you operate.
Perhaps the most important tip is to give yourself enough space to properly react to hazards once you recognize one. Depending on the size and speed of the vehicle you are driving it can take as much as 4 to 6 seconds to come to a complete stop.
To put that in perspective, studies have shown that the average human takes ¾ of a second to perceive a hazard then another ¾ of a second to begin reacting. Add in just 4 seconds to come to a complete panic stop and at 60 MPH your vehicle will have travelled 484 feet before stopping! You travelled 132 feet just during the time it took you to begin reacting.
For this reason, I recommend maintaining a following distance of at least 4 seconds in cars and small vehicles and up to 7 seconds in large trucks or tractor trailers. To make the best use of this following distance you should be continuously scanning the entire area around you while also looking at least 12-15 seconds ahead of where you are.
This extended eye lead time, combined with the situational awareness gained by scanning all around your vehicle, will allow you time to process the best possible escape route. Always be thinking about what your escape route will be, so you don’t have to make that decision in a split second.
Other conditions to be aware of include center of gravity and steering or braking loss due to improper load balance as well as weather conditions.
A loaded wrecker will not stop as well as an empty wrecker, especially if the towed vehicle is not equipped with a brake control device.
Carriers overall braking performance may be better with a load on them, however their tendency to roll over or be harder to steer is increased, especially with tall and heavy loads on the deck.
Speed is a critical factor in many wrecks, especially those on secondary roads. Be aware of the speed limits and environment you are driving in, paying particular attention to cross traffic and pedestrians when in metropolitan areas.
Lastly, make sure you are well rested and not ill. We are not superheroes, despite what we may think, and fatigue plays a very real role in crashes. Micro sleep will sneak up on you without warning. Please get plenty of rest, and if tired pull over and take a power nap. No ETA is worth a life!
For more on this topic please join the author, Brian Riker, this Saturday, March 15th at 11 AM Eastern, for his American Towman Academy webinar Defensive Driving What Do Towers Need To Know?
Published: Thursday, March 06, 2025
By Randall C. Resch
I've learned that nothing’s fair in the world of annual inspections. Sometimes, even the simplest challenges go sideways when attitude clashes with authority. During an annual inspection, a female tow boss failed five of my company’s trucks over her perception of a center pivot pin malfunction. On top of that, she told my driver, “Carriers can’t use J-hooks as securing equipment.” When the driver questioned her statement, he made things worse by responding with an equally poor attitude, adding his own brand of stupidity to the mix.
Attitude v. Authority
So, your company’s trucks failed the annual inspection, you say? Speaking directly to the equipment failure—did you know that law enforcement agencies typically have an appeal process? Will you accept a mechanical failure (five times over) without resistance, or are you just waiting for next year’s rotation?
If disciplinary action is on the table, was the suspension letter issued by the area command or just the tow boss? From the command, an upper-level commander’s job is to review your complaint while also ensuring that the tow trucks were properly equipped and operational “to the letter” of the contract. And when specific violations were noted, were the wreckers or carriers up to operational standards, according “to the letter of the law” in the state’s motor vehicle codes and safety laws?
When our five trucks failed simultaneously, the new tow boss hadn’t done her homework regarding tow and recovery equipment. To avoid being unjustly removed from rotation, proving her wrong was key to successfully filing our appeal. Just like in court, the burden of proof was mine to bear to refute the tow boss’s decision.
File Away
The appeal process starts by filing an immediate complaint, directed at the tow boss, addressed directly to the area commander. While sometimes filing a complaint may lead to “political suicide,” doing nothing can lead to certain loss. If you believe the agency is incorrect, file an appeal. Your opening letter should be professionally written, factual and non-argumentative.
State the problem clearly without whining, being overbearing, or making threats. Complaining that the officer was rude to your driver won’t help—it’s unproductive and childish.
Stick to the facts as you know them and provide concrete evidence that your truck passed inspection. Regarding the pivot pin issue, I reached out to our truck manufacturer for clarification. They provided design specs and photos outlining the pin’s movement (tolerances) as part of their process. To strengthen our case, the manufacturer’s president even accompanied me to the appeal meeting.
Back it Up
I’ve had conversations with tow owners complaining that inspectors were overly picky. News flash—that’s their job! If an inspector noted that the gas can was leaking, it likely means the truck needs a new can or at least a new gasket. If the dolly tires were sun-rotted, that’s another issue. If the truck’s winch line had kinks and spurs, it should have been replaced too.
If your trucks are marginal and can’t pass inspection, don’t blame the inspectors; it’s a sign the trucks weren’t prepared. Even brand-new trucks, fresh off the manufacturer’s floor, might have issues that vary from inspector to inspector. Tow drivers and owners aren’t in a position to argue about what inspectors find, but if a failure is fixable, get it fixed. If your truck fails inspection, what exactly caused the failure?
By reviewing the agency’s contract agreement under “Inspection and Equipment,” you’ll likely find the specific requirements for the class of wrecker and carrier being approved. Understand that law enforcement holds tow trucks to “close to perfect” standards.
Appeals should never reference what your state’s associations allow. Your association can’t help you because: a) they weren’t there, and b) it’s not their trucks being inspected. Don’t argue, “My association says it’s okay.” It’s a losing proposition.
When defending an appeal, maintain a professional, business-like approach. In other words, “You get more with kind words and a smile than you’ll ever get with a bad attitude and a smoking gun.”
No Entitlement
Law enforcement doesn’t owe towers anything, so don’t adopt an air of entitlement. If you’re the only qualified tower in your area, it might be nice to think the agency would reinstate you with an apology and open arms. However, agencies typically stand firm in their decisions and will seek another company to provide services. There’s always someone willing to fill the gap.
If you get no satisfaction from your tow boss, escalate the issue up the chain of command to the agency’s lead Sheriff, Chief of Police, or Commissioner. Stay calm, respectful, honest, and factual, presenting your case without whining.
Should you file a lawsuit against the agency? Think carefully before taking that step—it will likely cost thousands in legal fees, wasted time, and the frustration of potentially losing the appeal.
When a tow company faces disciplinary action or removal from rotation, don’t take it lightly. An appeal should be swift and decisive, addressing the disqualifying issue directly. In my case, I appealed immediately by providing proof that there was nothing mechanically wrong.
The Bottom Line?
I presented solid proof that nothing was mechanically wrong with my trucks. I clearly demonstrated that my company’s equipment met the strict requirements of the highway patrol. Ultimately, I “proved beyond a doubt” that the tow boss was incorrect. All of the “disqualified trucks” eventually passed.
If you disagree with the actions or decisions of an agency or department, it’s your choice to decline towing for them. Intimidation aside, true diligence showed that our company was worthy of being in rotation.
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 52-years, he has been involved in the towing and recovery industry. In 28-years, he has contributed more than 750-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee. Email Randy at rreschran@gmail.com.
