Metropolitan Police Department Washington D

Metropolitan Police Department Washington D.C.

Subject:

Tow Crane Operation & Enforcement

Series Number Change

303 03

Effective Date

December 28, 1979

Revision Date

The purpose of this order is to establish the policy and procedures for the use of departmental, private contract, and Department of Transportation tow cranes. This order consists of the following parts:

Part I Responsibilities and Procedures for

Members of the Department

A. Rush Hour Removal.

B. Impoundments in Criminal Cases.

C. Impoundments on Private Property.

D. Impounding Vehicles Blocking Access.

E. Use of Cranes at Scenes of Traffic Accidents.

F. Tow Crane Regulations.

G. Impoundment Fees.

Part II Responsibilities and Procedures for

Supervisory and Command Personnel

A. Commanding Officers.

B. Communications Division

C. Director, identification and Records Division

Part I

A. Rush Hour Removal.

1. During the periods between 0630 hours to 0930 hours and 1530 hours to 1830 hours members shall request crane service to remove vehicles parked so as to illegally interfere with the movement of traffic on arterial streets.

2. If the vehicle is disabled the member shall:

a. Request the services of a departmental crane,

b. Stay with the vehicle,

c. Ensure that, if possible, the windows of the vehicle are rolled up and the trunk and doors of the vehicle are locked,

Publication	Effective Date	Page Number
General Order 303.03	December 28, 1979	2 of 17

d. Assist the crane operator in moving the vehicle to a location on a public street as close to the original location as possible, consistent with prevailing traffic conditions, and

e. Notify the Telecommunications Branch, Communications Division as to the new location of the vehicle.

f. Ensure, if possible, the safekeeping of the citizen’s property. In exceptional circumstances the vehicle shall be impounded and removed to a police facility. “Exceptional circumstances” shall be considered situations such as when a motorist’s car is parked on Constitution Avenue at rush hour and there are several valuable cameras in clear view of the front seat. in such situations members shall strictly adhere to the procedures outlined in General Order 601.1 (Property).

3. If the vehicle is illegally parked (and not disabled) the member shall:

a. issue the appropriately completed Notice of Infraction

(NOI),

b. Request through the Communications Division, a Department of Transportation (DOT) or departmental tow crane,

c. Place a DOT tow sticker (orange rectangle) on the upper-left portion of the tear windshield, and

d. Proceed with other traffic and criminal enforcement responsibilities.

B. impoundments In Criminal Cases.

1. Vehicles may be impounded as either the proceeds of crime or as an implement of crime depending upon the circumstance.

2. Members impounding a vehicle for either of the above reasons during non-rush hour traffic periods shall request crane service from the Police Crane and Service Shop via landline. If no response is received from the telephone call, or if conditions are such that the officer cannot get to a telephone he shall request assistance through the Communications Division.

3. Members impounding a vehicle for one of the above reasons during rush-hour traffic periods shall request crane service through the Communications Division.

Publication	Effective Date	Page Number
General Order 303.03	December 28, 1979	3 of 17

4. Members impounding a vehicle for one of the above reasons shall remain with the vehicle until such time as departmental crane service responds, unless circumstances prohibit same.

C. Impoundments on Private Property.

1. Members receiving complaints of vehicles illegally parked on private property shall issue an appropriately completed NOI, if the property owner or manager is willing to cooperate in the prosecution of the case.

2. Members shall have said vehicles removed from private property

only if the property owner or manager so requests, and signs the back of copy A of the NOI and the back of the tow crane receipt.

D Impounding Vehicles Blocking Access.

1. In those instances where a complaint is received in regard to a vehicle blocking an alley, fire hydrant, a driveway, or a fire lane the member shall:

a. Issue the appropriately completed NOI,

b. Request, through the Communications Division, the services of either a departmental tow crane or a contract tow crane, and

c. Personally witness the towing of the vehicle.

2. In instances where no complaint is received, the member shall only issue the appropriately completed NOI, unless a fire hazard has been created, in which case the member shall also have the vehicle impounded.

E. Use of Cranes at Scenes of Traffic Accidents.

1. When a police officer arrives at the scene of an accident and it is apparent that the services of a tow crane are needed for the purpose of removing trapped victims from the wrecked vehicles or removing the disabled vehicles from the intersection or other location to provide for the free movement of other traffic, a radio call shall be placed to the police radio dispatcher who shall dispatch a police crane or private contract crane. Private contract cranes shall be dispatched by selecting, from the list of firms performing such service under the terms of an agreement with the D.C. Government, the first available crane nearest the scene of the accident. The selection of the private crane by the radio dispatcher will be made only in those instances where the owner is unable to make this selection.

Publication	Effective Date	Page Number
General Order 303.03	December 28, 1979	4 of 17

2. If a private contract crane responds and provides such service and there is no need for the police to retain custody of the vehicle, the officer will direct the crane to remove the wrecked vehicle to his storage facility unless the owner or operator is available and directs the removal of his vehicle to a different location. The owner or operator should sign the statement authorizing the removal of the vehicle and would therefore be responsible for payment of the fee charged by the towing firm. However, if the owner or operator is unable or refuses to sign the statement, the officer may sign the statement and order the removal of the wrecked vehicle, and deliver the copy of the statement to the owner or operator. in such instances the signing of such a statement by the police officer does not constitute an agreement on the part of the District of Columbia Government or the owner or operator to pay the charges proposed to be collected by the towing firm.

3. in cases where it is necessary for the police to take custody of wrecked vehicles, such as Evidence, stolen vehicles involved in accidents, or automobiles involved in fatal accidents, the officer shall call the dispatcher and inform him of the conditions existing which require the police to take Custody of the vehicle or vehicles. The dispatcher shall then dispatch a police department crane or a private contract crane, whichever in his judgment is in the public’s best interest.

4. When police officers arrive at the scene of an accident and determine the vehicle owners or operators are present and capable of taking custody of their property, and there is no need to seize the vehicles, they shall inform the vehicle operators or owners that At is their responsibility to arrange for removal of the wrecked vehicles from the public street and that police have no obligation to remove the damaged vehicles unless they are interfering with the movement of other traffic.

5. It is recognized that in many accident cases the principals will not be familiar with the firms in the District of Columbia licensed to provide towing service. As a means of assisting such persons, a printed list of licensed tow crane firms, furnished by the Department of Licenses and Permits, shall be made available to such persons, but officers shall not recommend the employment of any particular firm. This list is published in the current departmental circular entitled “List of Licensed Tow Truck Operators” which shall be carried in each marked mobile unit of this department.

Publication	Effective Date	Page Number
General Order 303.03	December 28, 1979	5 of 17

6. In instances where telephone service is not reasonably available to the citizen without leaving his vehicle unattended, the police officer shall request the service of the private crane selected by the citizen through the police radio dispatcher. This procedure will not only increase efficiency, but will enhance police-community relations and preclude possible allegations that police officers give preferential treatment to certain towing firms.

F. Tow Crane Regulations.

1. Title 55 of the D. C. Rules and Regulations, “Towing Service for Motor Vehicles,” is published at attachment “A”.

2. In all instances where it appears to the officer that any of the tow crane regulations have been violated, the officer shall:

a. Prepare PD Form 251 (Event Report) stating all the facts and circumstances surrounding the incident, using the same central complaint number for this report as used for the accident report.

b. Cite the tow crane operator(s) with an appropriately completed NOI for violation of the regulation.

C. Include the actual violation in the remarks section on the reverse Side of Copy A of the NOI.

Impoundment Fees.

1. Traffic Impoundments.

a. An impoundment fee of $50.00 shall be charged whenever a vehicle is impounded for a parking violation.

b. A storage fee of S3.00 per day beginning 24 hours after the vehicle has been impounded shall be charged.

c. A transfer fee of $20.00 shall charged for any vehicle transferred from a station or a DOT impoundment Lot to department’s storage facility at Blue Plains. Transfer will be accomplished between 9 and 14 days after impoundment.

d. The initial impoundment and storage fees, in addition to all outstanding fines and penalties, must be paid to the BTA, at K St. NW.

e. The transfer fee and all to the Property Clerk

(Property).

Publication	Effective Date	Page Number
General Order 303.03	December 28, 1979	6 of 17

2. Recovered Stolen Vehicles.

a. No impoundment fee shall be charged for taking custody of stolen vehicles.

b. A storage fee of S3.OO shall be commencing three days after it has Public Property Control Branch.

charged for said vehicle been receipted for by the

c. A transfer fee of $20.00 vehicle transferred from a to the department’s storage shall be station or facility at

charged for any such a DOT impoundment lot Blue Plains.

3. In the following instances no towing, transfer, or storage fee will be charged:

a. Evidence.

b. Suspected Proceeds of Crime.

c. Property of the mentally ill.

4. In instances where it is necessary to impound a vehicle ‘ to protect the property of the owner (including the vehicle) [e.g. vehicles impounded as a result of a summary arrest, exceptional impoundments (Part IA2f)] the following fees shall be applicable:

a. No fee shall be charged for towing.

b. A $3.00 per day storage fee shall he charged commencing 24 hours after the impoundment.

c. A transfer fee of $20.00 shall be charged for any such vehicle transferred from a station to the department’s storage facility at Blue Plains.

H. Use of Contract Tow Cranes.

1. Contract tow cranes shall only be utilized when departmental tow cranes are unavailable.

2. Contract tow cranes may only be utilized in the following circumstances:

a. Taking custody of a recovered stolen vehicle,

b. Transporting a disabled police vehicle,

c. Impounding suspected proceeds of crime,

d. Taking custody of evidence, or

e. Transporting impounded vehicles from the districts to the Property Division’s Blue Plains Impoundment Lot (Only upon receipt of the PD Form 199 from the Property Division)

Publication	Effective Date	Page Number
General Order 303.03	December 28, 1979	7 of 17

3. Members utilizing the services of a contract tow crane shall:

a. Complete a PD Form 197, Towing Service Work Order Outside Contractor,

b. Obtain, sign and retain a copy of an itemized statement from the tow crane operator, and

c. Distribute the PD Form 197 as follows:

(1) White Copy — To tow crane operator.

(2) Yellow Copy - To tow crane operator.

(3) Pink Copy - To be turned over to a section sergeant before checking off duty. Stapled to the pink copy should be the copy of the itemized statement provided to the member by the tow crane operator at the time that the vehicle was towed. The pink copy and the copy of the itemized statement shall be delivered to the Office of Finance and Management with the morning papers.

d. When DOT tow cranes transport impounded vehicles from the DOT impounding lots to the Property Division's Blue Plains Impoundment Lot members shall ensure that a PD 197 is completed and that the Pink Copy is turned over to the Property Clerk upon delivery of the vehicle The Property Clerk shall ensure that the Pink Copy of the P2 Form 197 Is delivered to OFM the next business day.

Part II

A. Commanding Officers.

1. Commanding Officers shall requisition, through normal supply channels, a sufficient number of Duo Tang binders for the purpose of maintaining this order and relative informational circulars as a complete reference to any matter pertaining to the procedures, regulations, and list of licensed tow crane operators.

2. District commanders and officials shall cause all arterial streets in their areas of responsibility to be patrolled during the traffic rush. hour periods with a view of deterring violations and for the purpose of taking positive enforcement action when such violations are observed.

Publication	Effective Date	Page Number
General Order 303.03	December 28, 1979	8 of 17

3. Commanding officers shall be responsible for selecting cranes to remove impounded vehicles to the Blue Plains Impounding Lot. Cranes shall be selected from the list of firms which have agreed to provide emergency towing service for the department.

B. Communications Division.

The official in charge of the Communications Division shall make the determination as to whether to await the service of the police department crane or to dispatch one of the private cranes available for such service.

C. DirectorIdentification and Records Division.

The Director, Identification arid Records Division, shall forward copies of PD Form 251 to the Director, Department of Economic Development, on all crane and tow service license violations.

Attachment

BMJ:BRS:plm

GO 303.03

CHAPTER 4 TOWING SERVICE FOR MOTOR VEHICLES

400 GENERAL PROVISIONS

400.1 The provisions of this chapter are issued under Commissioner’s Order No. 56-1678, as amended.

400.2 The provisions of this chapter shall be applicable to any person engaging in, or offering to engage in, the business of providing crane or towing service for hire in the District of Columbia, except as otherwise provided by this section.

400.3 The provisions of this chapter shall not be applicable to the following:

(a) A tow truck towing a motor vehicle into or through the District from a point outside the District;

(b) Tow trucks owned or operated by the governments of the United States or the District of Columbia, or

(c) A tow truck registered in another jurisdiction responding to a call from the owner or operator for the removal of a motor vehicle from the District into that other jurisdiction; Provided, that the tow truck is not equipped with a radio receiver capable of being tuned to the Metropolitan Police Radio wave lengths or frequencies.

401 LICENSING OF TOW TRUCKS

401.1 No person shall, without having a valid license to do so, engage in, or offer to engage in, the business of providing towing service for a consideration directly or indirectly charged.

401.2 A license shall be required for each tow truck used to provide towing service.

401.3 Prior to the issuance of any license pursuant to this chapter, the Director of the Department of Licenses, Investigations & Inspections or the Director’s designee (also referred to in this chapter as the “Director”) shall be satisfied that the applicant is trustworthy and that the applicant is otherwise qualified to be licensed.

401.4 The Director is authorized to conduct any investigation of the applicant for a tow truck license which the Director deems necessary to determine the applicant’s trustworthiness and other qualifications for a license, and the applicants ability to engage in the licensed activity without detriment to the public.

401.5 The Director shall, in determining the trustworthiness of the applicant, consider whether the schedule of minimum and maximum fees submitted with the application bears a proportionally reasonable relationship to the services to be performed for those fees. The absence of a reasonable relationship, as determined by the Director shall be grounds for denial of a license.

402 APPLICATION FOR A TOW TRUCK LICENSE

402.1 Each person making application for a tow truck license

shall submit the following information to the Director:

(a) The name, address, and telephone number of the person engaging in the operation of a towing service business;

(b) The location, description, and hourly availability of the tow truck;

(C) A schedule of minimum and maximum fees which the applicant will charge for the use of the tow truck in connection with providing various kinds of towing service, together with a full and detailed statement of the service to be rendered for each stated amount of fee;

(d) The minimum and maximum daily fees which the applicant will charge for the storage of disabled motor vehicles at the applicant’s storage facility;

(e) A description of the space to be used for the storage or repair of motor vehicles; and

(f) Written evidence satisfactory to the Director that the storage or repair facility required under paragraph (e) is available for use by the applicant and that the storage or repair facility will remain available for at last thirty (30) days from submission of that evidence.

APPLICATION FOR A TOW TRUCK LICENSE (Continued)

402.2 Each person making application for a tow truck license shall submit the following statements to the Director:

(a) A statement that the applicant, in consideration of being issued a license for the use of the tow truck in connection with the operation of a towing service business, will make no charge for towing service or storage in excess of the fee or fees set forth in the schedule submitted with the application for a tow truck license.

(b) A statement that the tow truck for which a license application is filed shall be equipped, whenever it is used to provide towing service, with the emergency required by this chapter.

402.3 Each applicant shall also submit a certificate of inspection from the Director, D.C. Department of Transportation or designee, dated not more than ten (10) days prior to the date on which application for a tow truck license is filed, stating that the tow truck for which the application is being filed would appear to be mechanically capable of providing towing service for motor vehicles, including the furnishing of towing service during those seasons of the year when adverse weather conditions may be anticipated, and that the tow truck has been identified in the manner set forth in 405.

403 LOCATION OF STORAGE AND REPAIR FACILITIES

403.1 The storage or repair facility described in the application pursuant to 402.1(e) shall be located within the District of Columbia, except as otherwise provided in this section.

403.2 A storage or repair facility may be located outside the District, but within the Metropolitan area of Washington (limited to Montgomery and Prince George’s Counties of Maryland, the city of Alexandria, and Arlington and Fairfax counties in Virginia) if the licensed operator maintains in the District of Columbia a place of business (which is at the address shown on the license) at which gasoline is dispensed from two (2) or more pumps open to the public and which is equipped for, and commonly recognized as, a gasoline service station.

403.3 If, under 402.1(e), the applicant files with the Director a description of a facility outside of the District in

ISSUANCE AND DISPLAY OF LICENSE described in the application.

404.2 The fee for each license shall be fifteen dollars ($15)

per year.

404.3 The license must be displayed in the tow truck while actually engaged in the towing services.

404.4 The license year shall begin on July 1st of each year, and shall end June 30th of the succeeding year.

404.5 In case of loss, mutilation or destruction of a license, the Director may issue a duplicate license upon proof of the fact of loss and payment of a fee of two dollars($2).

404.6 The number of the tow truck license issued for a tow truck shall be painted on both doors of the cab of the truck in figures not less than one inch (1”) in height.

405 REQUIRED TOW TRUCK EQUIPMENT AND MARKINGS

405.1 Each tow truck licensed in accordance with this chapter shall have painted on both sides of the vehicle or on signs attached to the vehicle, in a color which contrasts with the color of the body paint and in letters not less than three inches (3”) high, the name and address of the licensee; and, in letters not less two inches (2”) high, the minimum and maximum rates charged by the licensee for providing towing service, and the rates for storage.

405.2 Each tow truck licensed under the authority of this chapter shall, whenever the truck is used to provide towing services, be equipped with the following:

(a) At least two (2) red flags not less than twelve inches by twelve inches (12”x 12”) in size;

(b) Two (2) portable red reflectors and two (2) red flares;

(d) One (1) axe and one (1) crowbar; and

(e) One (1) shovel and one (1) broom.

406 ITEMIZED STATEMENTS AND RECEIPTS

406.1 Before providing any towing service of a vehicle from the scene of an accident, the tow truck worker shall furnish to the owner or operator of the vehicle an itemized statement, which shall be on a form approved by the Director.

406.2 The itemized statement shall be signed by the tow truck worker before its presentation to the owner or operator.

406.3 Unless the owner or operator of the vehicle to be towed (or towed and stored or repaired, as the case may be) also signs his or her name upon the itemized statement indicating acceptance of the proposed towing and storage charges, the tow truck worker shall not render any towing service, except as provided in 406.5

406.4 If the owner or operator of a vehicle is unable to sign the itemized statement, a member of the Metropolitan Police Department may sign the statement and shall, as soon as possible thereafter, furnish it or a copy of it to the owner of the vehicle or a representative of the owner.

406.5 The signing of an itemized statement by a member of the Metropolitan Police Department shall not constitute any agreement on his or her behalf or on behalf of the government of the District of Columbia or of the owner or operator of the vehicle to pay the charges proposed to be collected by the tow truck worker, but will constitute only an authorization to remove the motor vehicle and a certification that the tow truck worker has submitted the itemized signed statement of charges prior to removal of the disabled vehicle.

406.6 Each itemized statement shall contain the following:

(a) The location from which and the place to which the vehicle is to be towed;

(b) The name and address of the person conducting the tow truck business;

(d) A brief description of the disabled vehicle;

(e) The number and state of registration shown on the identification tags affixed to the disabled vehicle;

(f) The minimum and maximum fees charged for towing services provided by the person conducting the tow truck business and the service covered by each;

(g) The minimum and maximum rate charged per day, or part of a day, for the storage of the vehicle;

(h) The location of the storage facility available to the person conducting the tow truck business; and

(i) The location of the repair facilities, if any, owned or operated by the person conducting the tow truck business.

406.7 After rendering the towing service or towing and storage service, the tow truck worker shall enter upon the itemized statement (if the itemized statement is presented to the two truck worker for such purpose) the amount which is paid to him or her as the charge for the service or services, and shall sign his or her name to the statement acknowledging the receipt of the payment.

406.8 A copy of each receipt submitted by a tow truck worker in accordance with the requirements of this section shall be retained by the person conducting the tow truck business for three (3) years from the date of issuance. The copy shall be exhibited upon demand to the Chief of Police or the Director.

407 REMOVAL OF DISABLED VEHICLES

407.1 A tow truck worker shall move any disabled motor vehicle for which that worker is providing towing service to the place designated by the owner or operator of the vehicle, or the authorized agent of the owner or operator.

407.2 If the owner or operator of a vehicle or the owner or operator’s authorized agent should fail or be unable to specify a place to which the vehicle shall be moved, the vehicle shall, upon the direction of any member of the Metropolitan Police Department present at the time of removal at the place from which the vehicle is removed, be taken to the licensee’s storage facility.

407.3 Any vehicle ordered removed by the police shall only be stored and no work shall be done on the vehicle until such time as any work may be specifically authorized in writing by the owner of the vehicle or the owner’s authorized agent.

408 PROHIBITED ACTS

408.1 It shall be unlawful for any person conducting a tow truck business or for any person on his or her behalf, either expressly or implicitly by any statement or action, to make any false representation to the effect that the person conducting the tow truck business represents or is approved by any organization which provides emergency road service for disabled motor vehicles

408.2 In any accident case requiring a report to the police, it shall be unlawful for any tow truck worker to move a vehicle involved in that accident from the position in which the vehicle came to rest after the accident until that movement is authorized by a member of the Metropolitan Police Department; Provided, that nothing contained in this subsection shall be construed as prohibiting the lifting or movement of the vehicle to the extent necessary to free the occupant or occupants or any other person.

408.3 It shall be unlawful for any person conducting a tow truck business or for any person on his behalf, to require the execution of an agreement to have repair work performed on a motor vehicle involved in an accident or breakdown, as a condition to providing towing service for the vehicle.

408.4 It shall be unlawful for any tow truck worker to use any public space for the accommodation of a vehicle removed from the scene of an accident or breakdown except as the use of that public space may be directed by a member of the Metropolitan Police Department.

408.5 It shall be unlawful for any employee of the government of the District of Columbia to solicit the employment of any person conducting a tow truck business; or to volunteer the name of any tow truck business to the owner or operator of a disabled vehicle.

408.6 Nothing contained in 408.5 shall be construed to prohibit a member of the Metropolitan Police Department from furnishing to the owner or operator of a disabled vehicle on his or her request, a list of names and addresses of persons conducting tow truck business.

408.7 Nothing contained in 408.5 shall be construed to prohibit the Metropolitan Police Department from establishing and effectuating a procedure under which the number of tow trucks required to clear the streets are called by the Department to the scene of an accident in cases where the owners or operators of the disabled vehicles fail to or are unable to call a tow truck or trucks of their choice.

408.8 It shall be unlawful for any person conducting a tow truck business or for any person acting on his or her behalf, to charge more than one (1) towing fee in any case where that person has been directed by the owner or operator of a disabled vehicle to transport the vehicle to a facility operated by the person conducting the tow truck business for repair purposes, regardless of the number of separate towing operations involved in transporting that vehicle to the facility at which it is repaired.

408.9 It shall be unlawful for any person conducting a tow truck business or for any person acting on his or her behalf, to install or maintain in a tow truck or in any other place a radio receiver capable of being tuned to the Metropolitan Police radio frequencies.

408.10 It shall be unlawful for any tow truck worker to stop at the scene of any accident and furnish any towing service, unless he or she has been called to the scene by the owner or operator of a disabled vehicle or by a member of the Metropolitan Police Department pursuant to Department procedures.

408.11 It shall be unlawful for any person licensed under this chapter or any person acting for the licensee in the licensed business to deposit, except temporarily and for emergency purposes, upon public space or private space belonging to any other person who has not consented to the deposit of the vehicle upon his property, any vehicle taken in tow.

409 ENFORCEMENT AND PENALTIES

409.1 The license authorizing the use of a tow truck in connection with a towing service business may be subject, in the discretion of the Director, to revocation or suspension for any of the following reasons:

(a) If the license was issued as the result of fraudulent conduct, a false statement of a material fact, or the concealment of a the license was filed, would have constituted just cause for denial of the application;

(b) Failure of the licensee to comply with the provisions of this chapter;

(C) One or more charges for towing service or storage in excess of the charge set forth in the schedule of fees filed with the license application;

(d) The reasons set forth in paragraph 46 of 7 of the Act approved July 1, 1902 (32 Stat. 622), as amended, (47-2345, D.C. Code, 1961 ed.);

(e) Engaging in, or holding oneself out as engaging in, towing services at such time as the person conducting the tow truck business does not have available to him a storage or repair facility as required by this chapter;

(f) Violation of the traffic laws or regulations of the District of Columbia by or with a moving vehicle, with particular reference to, but not limited to speed; or

(g) Failure to maintain qualifications required by this chapter.

409.2 Any person whose tow truck license has been revoked shall not be eligible to make application for a new tow truck license for a period of one (1) year from the date of revocation.

409.3 Any person adversely affected by the denial, revocation, or suspension of a tow truck license may file an appeal in writing with the Board of Appeals and Review of the District of Columbia.

409.4 Any violation of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than three hundred dollars ($300) or imprisonment for not more than ninety (90) days.

409.5 In addition to any other penalty prescribed by law, any violation of this chapter shall be grounds for revocation or suspension of the license issued under this chapter, either before or after conviction.

409.6 Any act or omission of any tow truck worker or of any other person acting on behalf of the person conducting the tow truck business, which act or omission is in violation of this chapter, or is cause for denial of a license, may be considered the act omission of the person conducting the tow truck business for whom that person is employed or for whom he or she purported to act.

499 DEFINITIONS

499.1 The words and phrases set forth in this section shall

have the meanings ascribed when used in this chapter:

Chief of Police - The Chief of the Metropolitan Police Department of the District of Columbia, or his or her designated agent.

Crane Service - A form of towing service which involves moving a disabled motor vehicle by the use of a lift, crane, hoist, winch, cradle, jack, automobile, ambulance, tow dolly, or any device to accomplish similar service.

Crane service Director - The Director of the Department of Licenses, Investigations and Inspections of the District of Columbia, or his or her designated agent.

License - A license issued by the government of the District of Columbia enabling its holder to use a tow truck for which the license is issued in connection with the operation of a towing service.

Member of MPD - Shall include a member of the Park Police, Capitol Police, Zoo Police, White House Police, as well as the Metropolitan Police Department.

Motor vehicle - Any vehicle propelled by an internal combustion engine or by electricity or steam, except traction engines, road rollers, and vehicles propelled only upon rails and tracks, and includes, but shall not be limited to vehicles which have become disabled as a result of accident or mechanical failure.

Person - A natural person, firm, partnership, association, or corporation.

Storage - The accommodation and protection on private property of disabled motor vehicle.

Towing service/Tow truck bus. - The business of towing or otherwise towing disabled motor vehicles by means of a tow truck.

Tow truck - Means a motor vehicle equipped with a lift, crane, hoist, winch, cradle, jack, automobile ambulance, tow dolly, or similar device designed or used to provide crane service for disabled motor vehicles, by whatever name called; Provided, that the term “tow truck” shall not include any vehicle equipped with a pushing bumper for the purpose of pushing stalled motor vehicles, but not equipped to provide crane service.

Tow truck worker Any person who is employed to carry on or to participate in any way a towing service.