PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5

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1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5 Issued Date: Effective Date: Updated Date: SUBJECT: POLICE TOWING OF VEHICLES PLEAC 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 5 Appendix A Example Appendix B Example 1 Example 2 Example 3 Example 4 Example 5 Example 6 Towing of Recovered Stolen Vehicles Towing Report Towing from Private Lots and Driveways Pennsylvania Repossessor s License for Repossession Philadelphia Tow Truck Decal Philadelphia Tow Operations License Fee Schedule Towing Agreement

2 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5 Issued Date: Effective Date: Updated Date: 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 tractortrailers and disabled vehicles which cause a hazardous situation. 2. Impoundment of vehicles involved with homicides, crime scenes, Guard for Fingerprints and investigations (e.g., major crimes). Fatal accidents or accidents involving vehicle safety checks will be determined by the Accident Investigation Division (AID). NOTE: All policies concerning the towing of police vehicles will be followed as per 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

3 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 to be towed. C. Police Radio Dispatcher will: 1. Check the registration number and/or VIN number through NCIC/PCIC files and respond 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 (e.g., flatbed). a. Ensure all pertinent information about the vehicle to be towed is conveyed to the Tow Squad Operations desk. This will include, DC#, investigator s 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 PCIC towed vehicle file. D. Police Tow Truck Operator will: 1. Prepare 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. 2. Sign the Property Receipt and include payroll number and tow truck number. 3. Retain agency and final disposition copy of Property Receipt along with vehicle and deliver to the supervisor at Tow Squad headquarters. DIRECTIVE

4 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 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 rotational system. *2 B. This policy is applicable to all accidents and disabled vehicles where police are dispatched to the scene. C. The Rotational Tow Policy is not applicable to those roadways currently patrolled by the Pennsylvania State Police. D. Definitions: 1. Towing Company. Any person, partnership, corporation, fiduciary, association or other entity owning, operating, or conducting 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. DIRECTIVE

5 3. Limited Access Highway. A major divided highway designed for high-speed travel, having few or no intersections. 4. Rotation 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. 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 listed 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. NOTE: The purpose of the 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 towers. If the authorized tow truck does not arrive within thirty (30) minutes, notify Police Radio. If unauthorized towers attempt to remove any vehicles, officers will take necessary enforcement actions. *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 its 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 area or to release any vehicle. 5. Once the towing company arrives: a. Verify the identity of the towing company and confirm that they are, in fact, the company dispatched by police radio. b. Conduct a complete inventory of the vehicle together with the tow truck operator. (PLEAC 1.2.3e). DIRECTIVE

6 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. e. Once an inventory 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 This information should also be recorded on the Patrol Activity Log (75-158). f. The 75-7 will be distributed as follows: F. Police radio will: White: Tow Truck Operator Yellow: Retain in District Tickler File for 90 days Pink: Retain by Patrol Officer Goldenrod: Reports Control Unit 1. Determine from the patrol officer the type and number of tow trucks needed (e.g. flatbed or regular tow truck). 2. Maintain an accurate list of towing companies for an equitable rotation and distribution of towing assignments. *3 3. Ensure if a tow truck is dispatched to a scene, but cancelled by the responding officer prior to the tow trucks arrival, the tow truck will remain available on the rotational list for the next available assignment. 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. DIRECTIVE

7 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). 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. DIRECTIVE

8 . 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 auto. b. Date and time of repossession. 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. NOTE: A sample of a is reproduced (see Example 2). 5. Query BMV and ZV stolen auto files for current owner information and the vehicle status. 6. Call Police Radio (215) XXX-XXXX for a DC#, and give the pink copy of the 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). DIRECTIVE

9 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. 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 repossessor 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 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 of the Philadelphia City Code (see Appendix B ). 2. A copy of a license issued by the Commonwealth of Pennsylvania to a collector/re-possessor (see example at the end of directive). 3. The attached example of 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 re-possessor (see Example 3 at the end of directive). DIRECTIVE

10 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 Property Taken into Custody BY ORDER OF THE POLICE COMMISSIONER FOOTNOTE GENERAL # DATE SENT REMARKS * Addition-Apdx A * Additions/Changes * Changes DIRECTIVE

11 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5 APPENDIX A Issued Date: Effective Date: Updated Date: 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 privatelycontracted salvor to the salvor s 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, Neighborhood Services Unit supervisor will be notified during the 8am-4pm tour of duty. DIRECTIVE APPENDIX A

12 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 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 an inventory 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 This information should also be documented on the 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). DIRECTIVE APPENIDIX A

13 B. Police Radio M Band Personnel will: 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 coming 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 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 Neighborhood Services Unit on all tours of duty at (215) XXX-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 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 salvor s lot. DIRECTIVE APPENIDIX A

14 c. Current registration or title of vehicle, a valid driver s license, and current insurance coverage (if applicable) must be provided to obtain the release form. d. Inform 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 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 the 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 containing the same information stated in paragraph 2 and have it delivered to the 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 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 APPENIDIX A

15 7. Release forms must be obtained at the Abandoned Vehicle 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 the sending of the certified letter to owners. 8. In cases where there is no arrest, immediately transmit a recovery message in PIIN. This will ensure the removal of the vehicle from the 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 of 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 the stolen status in the PCIC and NCIC computers. The vehicle will not be taken out of the 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. 3. When a vehicle is recovered in Philadelphia which was reported stolen in another jurisdiction (Philadelphia Code - 730), the assigned detective will prepare a in PIIN. NOTE: Verify stolen status in NCIC before issuing an investigation control number. DIRECTIVE APPENIDIX A

16 G. The Commanding Officer of the district of recovery will bear the responsibility of ensuring that recovered vehicle owners are being notified in a timely manner and supplied 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 B. The Operations Room Supervisor in the District of Recovery will: 1. Review the information on the for accuracy and completeness and sign the report. 2. Immediately notify the owner(s) of the vehicles 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. DIRECTIVE APPENIDIX A

17 NOTE: A release form WILL NOT be required from the Neighborhood Services Unit (NSU) and the PPA will be responsible for investigating any outstanding tickets and scofflaw violations. 3. If the owner can t be contacted by phone, the ORS will prepare a containing the same information listed in Section 3-B-2 and have it delivered to the owner s residence. 4. The method of the owner notification must be placed on the recovery message along with the name 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. 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 to verify notification of the owner. 6. In cases where there is no arrest, immediately transmit a recovery message in PIIN. This will ensure the removal of the vehicle from the 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). DIRECTIVE APPENIDIX A

18 d. The investigation by the assigned detective results in the stolen vehicle being unfounded (i. e., Abandoned Auto, Try and Locate). 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 in PIIN. NOTE: Verify stolen status in NCIC before issuing an investigation control number. BY ORDER OF THE POLICE COMMISSIONER DIRECTIVE APPENIDIX A

19 DIRECTIVE APPENDIX "A"

20 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.5 APPENDIX B Issued Date: Effective Date: Updated Date: 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. 5. Of the place where the towed vehicle can be redeemed after paying the allowable charges and the hours of operation. DIRECTIVE APPENDIX "B"

21 6. That payment shall be made by cash, credit card, or debit card. 7. That towing related complaints shall be reported to 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 (1)(b)(i) (relating to parking in front of a public or private driveway) or (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 APPENDIX "B"

22 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 including 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 APPENDIX "B"

23 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 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. DIRECTIVE APPENDIX "B"

24 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 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)). 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 in addition to all state laws and regulations, and Philadelphia police officers are authorized to enforce such laws and regulations. DIRECTIVE APPENDIX "B"

25 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. 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 (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. DIRECTIVE APPENDIX "B"

26 (2)(c)(.2)(.a)--Class B Medium Tow Truck (GVW 15,000 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)(c)(.3)(.a)--Class C Heavy Tow Truck (GVW 24,000 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)(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 (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 (2)(e)(.2)--Flood Lights Every tow truck shall maintain flood lights on its hoist if so equipped (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 (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). DIRECTIVE APPENDIX "B"

27 (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 (see appendix for example). 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 4) (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 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 (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) (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 his 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). DIRECTIVE APPENDIX "B"

28 (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 (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 (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 an inspection and emission sticker (b)--Side Window Obstructions No person shall drive any motor vehicle with any sign, poster, and other nontransparent 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 (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 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 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. DIRECTIVE APPENDIX "B"

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