- (1) An authorized wrecker operator, after acknowledging a call for service, shall respond to the scene within thirty (30) minutes (or a reasonable time under the existing conditions and circumstances, as determined by the division). If a timely response to the scene after acknowledging the call for service cannot be made, the authorized wrecker operator shall notify the Florida Highway Patrol of the estimated time of delay and the reasons for the delay. The duty officer shall then cancel the call for service, rotate the authorized wrecker operator to the bottom of the list for the zone, and send a call for service to the next authorized wrecker operator on the list of authorized wrecker operators for the zone or, if no other authorized wrecker operator in that zone is available, to an authorized wrecker operator in an adjacent zone.
- (2) Unless authorized by the Florida Highway Patrol in the call for service, flashing amber lights shall not be used while responding to a call for service.
- (3) Flashing amber lights shall be used at the scene and when towing vehicles from the scene in accordance with Section 316.2397(3), F.S.
- (4) When a vehicle is released at the scene by the investigating trooper or representative of the division, the wrecker operator shall not tow the vehicle to any location outside the zone unless the owner or operator expressly so requests prior to the vehicle being removed from the scene. However, nothing in these rules may be interpreted to require an authorized wrecker operator to move a vehicle out of the zone.
- (5) Any ancillary services by an authorized wrecker operator, such as the use of dolly, dropping and hooking up linkage, are to be performed only if required and appropriate.
- (6) The motor vehicle owner or operator is responsible for payment of charges for the removal of the vehicle from the scene and for the storage of the vehicle.
(7) In addition to any other penalties authorized by this rule chapter or pursuant to law, an authorized wrecker operator will forfeit a call for service and be rotated to the bottom of the list of authorized wrecker operators for that zone when:
- (a) The authorized wrecker operator or the driver responds to the call for service using a wrecker that the investigating trooper determines cannot safely remove the vehicle, has not been inspected by the division, has not been approved by the division for use by the authorized wrecker operator that received the call for service, is not compliant with the requirements of Rule 15B-9.005, F.A.C., lacks the equipment required by Rule 15B-9.005, F.A.C., or lacks operable equipment necessary for the safe removal of the vehicle.
- (b) The driver who responds to the call for service for the authorized wrecker operator has not been approved by the division for use by that authorized wrecker operator, has not been approved by the division, is determined by the investigating trooper to be unable to safely operate the wrecker, or is suspected by the investigating trooper of being under the influence of alcohol, any controlled substance, or chemical substance.
Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.04, Amended 10-15-92, 1-6-26.