Proposal would bar tow providers from soliciting at crash scenes

The proposal would bar tow providers from stopping to seek paid towing or roadside work. It would cover towing companies and tow truck owners or operators offering paid help for unattended, crashed, or disabled vehicles on a highway. The rule would not cover service requested by law enforcement or a public agency, or service the vehicle owner or operator requested earlier. The section also excludes service offered without compensation and service provided under a public agency's direction. The ban would apply at an accident scene or near a disabled vehicle.

Tow providers would have to keep written details of roadside service requests. The requirement would apply when a towing company or tow truck owner or operator provides roadside assistance. For a driver's request, records would include the caller's name and phone number, vehicle details, request date and time, and the name of the person who recorded it. Requests from motor clubs or public agencies would require the corresponding organization or agency details and request information. Providers would have to give records to a law enforcement or public agency within 48 hours of a request and keep them for three years.

The proposal would impose misdemeanor penalties on tow providers and government employees who violate its rules. Penalties would apply to violations by tow providers and to government employees who direct or recommend a particular company to a driver. Tow operators and towing companies or their owners could face fines and temporary suspensions from commercial and rotation towing; a third offense could bring permanent suspension. A first responder or other government employee who directed or recommended a particular tow company could be fined. Repeat offenses would be counted using convictions within three years of the latest conduct.