§ 98-191. Emergency wrecker towing charges.

The following provisions shall govern all charges which may be assessed by wrecker operators for law enforcement initiated nonconsensual emergency tows in the city and the unincorporated areas of the parish. No charges other than those authorized in this section may be assessed by any wrecker operator for law enforcement agency initiated nonconsensual emergency tows.

(1)

Except as otherwise provided in subsection (2) of this section, emergency wrecker and towing services shall be billed on an hourly basis at a rate not to exceed $70.00 per hour. Wrecker operators shall be permitted to charge a minimum of two hours for a standard emergency tow at a rate not to exceed $140.00. All towing charges in excess of two hours shall be billed in half-hour increments.

(2)

A wrecker operator responding to an emergency tow request pursuant to a law enforcement initiated call shall fully account for all time spent in responding to and completing such tow. Each wrecker operator shall indicate in writing on his invoice or bill the time that he was dispatched to the accident scene, the time that he arrived at the scene and the time that he departed from the scene with the wrecked or disabled vehicle. However, where a wrecker operator fails to accurately and properly note such times on the invoice or bill, the operator shall be entitled to charge no more than a flat rate total of $70.00 for such emergency tow regardless of the amount of time taken to initiate and complete the tow.

(3)

Payment for emergency wrecker service charges and/or any of the additional charges allowed under this section shall be made to the wrecker driver upon delivery to the location designated by the owner or the driver of the vehicle unless prior arrangements are made at the scene of the accident. The nonpayment by the owner or driver of charges as authorized by this division upon delivery of a vehicle to the location designated shall be sufficient cause for the emergency wrecker driver to tow the vehicle to the wrecker operator's storage facility. In the event of such circumstances, the wrecker operator shall be entitled to assess storage charges as provided in this article.

(4)

Every wrecker operator shall provide the owner or driver of a towed vehicle with a wrecker ticket containing the following information:

a.

The name, address and telephone number of the wrecker operator.

b.

The name and address of the vehicle owner as provided by the investigating officer.

c.

The location of the accident.

d.

The place to which the vehicle is to be towed.

e.

The description and license number of the vehicle.

f.

An itemized list of the services performed, charges for each and total charges.

g.

A place for signature of the owner or driver of the vehicle authorizing the tow of the vehicle.

h.

The times of dispatch, arrival and departure from the accident scene.

(5)

All charges set forth in this section shall apply either day or night, Saturdays, Sundays or holidays.

(6)

Where a law enforcement agency dispatches a wrecker operator to an accident scene, but the operator is discharged prior to commencing the hookup of the wrecked or disabled vehicle, there shall be no charge assessed to the vehicle owner. Where a wrecker operator is dispatched to an accident scene and commences the hookup of the wrecked or disabled vehicle, but is discharged prior to towing the vehicle away from the accident scene, the wrecker operator shall be entitled to assess a fee based upon a one-half hour tow charge at a rate not to exceed $35.00. In each of the situations described in this subsection, the law enforcement agency who initiated the wrecker call shall place the wrecker operator responding to the call back on the top of the law enforcement agency call out list to permit the operator to have an opportunity to respond to the next emergency tow call.

(7)

The provisions of this section shall be inapplicable to consensual emergency wrecker and towing services where the wrecker owner and the wrecker operator agree on the rate of charge prior to the service being performed.

(Ord. No. O-232-98, § 9, 9-1-98)