Tow Americana

requirements say “a commercial tow truck must be equipped with: (a) not less than two red flares, two red lanterns, or two warning lights or reflectors;” and

“the operator of a commercial tow truck … when the rendering of assistance necessitates the obstruction of a portion of the roadway, place a highway warning sign.” • Federal requirements for “Emergency signals; stopped commercial motor vehicles,” in part says;

“Placement of warning devices … whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by [Section] 393.95.” • Section 393.95 requires that a commercial motor vehicle be equipped with at least: three bidirectional emergency reflective triangles, six flares capable of burning for 30 minutes, or three liquid burning flares that contain enough fuel to burn continuously for at least 60 minutes.

Dangers

As it relates to the towing and recovery industry, here are two distinct examples of why cones and flares should be added to day or night roadside incidents: 1. A wheel-lift wrecker stops in front of a disabled or wrecked vehicle to load. When backed up to attach the vehicle to the wheel-lift, most if not all of the lower tail, running and lower work lights are blocked by the towed vehicle. If the towed vehicle is an SUV of larger size, approaching traffic cannot see the lower lights. Upper structure and rotor/strobe emergency lights may be visible. 2. A flatbed carrier stops in front of a disabled vehicle to load. Once backed to the loading position, the entire carrier’s running, tail and emergency lights may be visible until the carrier’s deck is lowered to the pavement. Once dropped to the pavement, all lower tail, running and work lights disappear. As the vehicle is winched onto the carrier’s deck, and when the vehicle is a larger SUV or pickup, most if not all of the upper lights may not be seen by approaching traffic. Both scenarios are problematic due to limited visible lighting caused by the towed or transported vehicle.

Too Much Time

If you’ve taken Traffic Incident Management training, you know that the longer towers are exposed to hazardous traffic, the more at risk they are. While that does have validity at face value, making a work environment as safe as possible should be Priority 1 while also working quickly to lessen exposure. A common excuse in this industry is that cones or flares take too long to set up. According to long-time, notable industry trainer Peter Fuerst, “Flares are the quickest and easiest on-scene manner available to identify a tow operator’s work space.” If cones or flares are made readily available to grab as the tower bounces out of the tow truck, they will be hands-on in an instant as they move toward the rear of their truck. I agree there’s risk when placing flares or cones. As it regards tow operators and increased on-scene safety, at some point placing flares or cones means an operator may have to walk close to the white line. But setting a pattern of flares or cones is a task safely accomplished by paying close attention to approaching traffic in the same manner of getting out of a tow truck’s cab or getting back into it: Always face traffic, move quickly, and never put your back to traffic. Here’s an effective on-scene technique using three traffic cones (day) or three flares (night) in an abbreviated TIM manner: • Exit the tow truck from the forward position; when safe, drop the first cone/flare on the white line and at the end of the tow truck’s stowed dock bumper, or at the end of a carrier’s tailboard, to initially identify your work zone. • Move quickly to the non-traffic side; walk curbside towards approaching traffic. When clear, step to the center at the casualty vehicle’s front bumper; set the second cone/flare approximately 20’ from the first. • Back to curbside; move forward and along the curbside 40’ to set the third cone/flare at the towed vehicle centered to the bumper. Doing so in this manner clearly identifies your work zone. • Return and commence load-andgo operations. • When departing the scene, pick up/extinguish cones/flares in the reverse manner, paying special attention to the first cone/flare set at the tow truck’s rear corner. • When a traffic break is obvious, move quickly to retrieve the first cone/flare. • Move quickly through danger areas • Use TIM’s “Peek a boo” re-entering the tow truck’s cab. Although on-scene exposure is critical when setting cones or flares, this process takes only a few additional minutes, but provides increased visibility at your shoulder scene. Always be aware of approaching traffic, have an escape path, and stay away from the white line whenever possible. Above all, don’t let cones, flares, triangles, emergency overhead lighting, even cops on scene, lull you into a false sense of security.

Author’s note:

This article is intended as a basis of training only. The author recommends that towers and tow company owners evaluate and recognize the potential value of using flares to provide advanced emergency warning to hazardous approaching motorists as learned in Traffic Incident Management classes.

Operations Editor Randall C. Resch is a retired California police officer and veteran tow business owner, manager, consultant and trainer. He writes for

TowIndustryWeek.com and American

Towman, is a member of the International Towing & Recovery Hall of Fame. Email Randy at rreschran@gmail.com.

Beacon Retools Towlien Software for La.

Beacon Software (beaconsoftco.com) recently introduced a more streamlined Towlien software that automates and simplifies OSRV processing, notification letters and Louisiana “Permit-To-Sell” application. “The new product … can eliminate hassles, reduce labor and saves on postage. Towers, salvage and vehicle storage lots can all benefit from this easy stepby step process—all from your computer,” said Todd Althouse, Beacon Software president. Updated versions were scheduled for late summer in Ohio, Florida and other states, said Althouse.

Muncie Adds Burt to Sales

Muncie Power Products (munciepower.com) introduced Zone Sales Manager Brian Burt, the company’s new sales team member for the Northeast. Burt came to Muncie Power Products in April 2017 with a background in fluid power and sales experience. He will serve the company’s channel partners within New York, New Jersey, New Hampshire, Rhode Island, Maine, Massachusetts, Vermont and Connecticut.

Urgent.ly Integrates with Drivemode

Drivemode, a mobile-based automotive technology company (drivemode.com), has announced a new integration with roadside assistance technology provider Urgent.ly (geturgently.com). Through this integration, Drivemode’s active users across 180 countries will have in-app access to Urgent.ly’s roadside assistance. The partnership allows drivers access to connectivity features, apps and technology in their phones as though it is embedded in the car, allowing their focus to remain on the road. “Drivemode customers will now have instant access to the most advanced roadside assistance solution in the market,” said Urgent.ly CEO/cofounder Chris Spanos. ”Urgent.ly and Drivemode are giving everyone with a smartphone access to a premium driving experience.”

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Repossessing Common Sense

by Mark Lacek

Arepossessor is often provoked, “Oh, you’re the repo man,” when asked what you do. I do not like the phrase “repo man.” To me, because of today’s media attention, the truth about the profession has been distorted. It’s like calling a psychiatrist a “shrink.” It’s not exactly an insult, but is disrespectful to the profession. After being called a repo man, next up we’re usually asked, “Have you ever been shot or shot at?” This is when my internal alarm sounds to change the subject. Why? I talk too much. Ask anyone who knows me; sometimes I just go on and on and on. (It’s true. —Ed.) When agitated— not unlike an unbalanced washing machine—I’m noisy and go all over the place. Here is the truth … again: The business of repossessing is not dangerous if the repossessor uses his training and knowledge of both consumer protection law and rules that apply to repossessing mortgaged collateral. It is common sense for any professional to respect the knowledge received through proper training. Getting the correct training is up to you; if you ignore training opportunities and fail to educate your staff and employees, you are a danger to everyone around you. Training and certification are available to you in many formats. Over the years, because of advancements in technology, the protocols for most professions have changed. A tow operator seldom backs his tow-sling into the bumper of a car because of the introduction of the self-loading wheel lift. The repossessor no longer uses a slide hammer to pull out an ignition because of the ability to make an ignition key, right at his office. Tools of the trade change with time, and it is up to you to keep current. As any profession demands, if you’re not adapting modern techniques to the way you conduct business, you may be on your way to an unwanted early retirement. Sometimes “old school” tactics will put you out of business.

Going to an address to repo a car without checking if the customer has moved will have you operating at a loss.

Danger

So with all of this said, how can the duties of a repossessor not be dangerous? The short answer is not to place yourself in a dangerous situation. Some 40 years ago, this was easier said than done. Sitting in the front seat of a 1978 Olds Cutlass Supreme in a driveway in East Cleveland while pounding on the steering column was dangerous. Chances are someone inside the house heard the noise and exited the residence causing an unexpected confrontation before you were able to leave with the car. The amount of time it used to take to drop the sling of the Holmes 220 and hook the J-hooks to the rear axles ... also dangerous. Who besides me can remember the uneasy feeling of approaching feet while on your back hooking up chains? Today, the phrase “gone in 30 seconds” is even outdated. Ten seconds is the new 30.

The business of

repossessing is not

dangerous if the

repossessor uses

his training and

knowledge of both

consumer protection

This month, Aug. 1719, during the Tow ExpoDallas at the Gaylord Texan Resort in Grapevine, I will present a two-day seminar on important topics of the repossession industry. I will focus on topics to keep you safe and protect your bottom line. I will share with you my knowledge of 35-plus years of repossessing commercial trucks and equipment, and how repossessing trucks and commercial equipment will increase your profits drastically. I will be there to answer all of your questions during the two-day Repo Undercover seminars. If you spot me on the Tow Expo floor before or after the Repo Undercover seminars, do not hesitate to grab my attention. Come to Dallas, sign up to attend the Repo Undercover seminar, and the life you save could be your own.

Mark Lacek All of the products and services advertised within the pages of this magazine are advancements in technology to make your job safer. The advice offered by the American Towman writing staff comes from years of knowledge for your benefit. The training opportunities offered to you in both the repossession and towing industry are created not only to protect you, but also the general public. Modern tools and proper training equals safety. I write about training all the time; you’re probably tired of reading it, but the truth is reminders are always warranted. Training is the most important tool in your toolbox. Here are some pertinent reminders:

Did You Know …

• A knock on the door to speak to a debtor, if you stand too close to the door, the person often will become intimidated and angry simply because you are standing too close? • A person answering the door is more prone to be truthful if the repossessor asking questions is wearing a sport coat or suit jacket? • If you hook to a car with your new self-loader in 10 seconds, pull the car into the street, then knock on the door asking for the keys, you are committing one of the most dangerous bad habits? •Going to an address to repo a car without checking if the customer has moved is a poor business practice that will cause your repossession business to operate at a loss? • Explaining you are there to repossess the neighbor’s car is a violation of third-party disclosure law and you will lose in a court of law? • Not becoming trained or certified or not certifying your employee while knowing training was available will cause you to lose a lawsuit? • The Fair Debt Collection Practices Act does not apply to commercial loans, and it is OK to door knock at 3 a.m.? Dangerous, yes, but legal. There is much to learn about The Fair Debt Collection Practices Act. Did you know the FDCPA does not cover the collection of commercial business debts? The FDCPA only offers protection to consumers for private debts. Here is the specific wording from the FDCPA: “Any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which, are the subject of the transaction, are primarily for personal, family, or household purposes.” Some attorneys might claim if a personal signor guarantees the note, then the debt will fall under a personal loan and the FDCPA applies. Wrong. Be safe.

Repo Editor Mark Lacek authored the Certified Commercial Recovery Agent certification program and has more than 30 years of recovery experience. He is the former editor of “Professional Repossessor” magazine. Email him at Mark@commercialassetsolutions.com.

Military Car Repossessions Settled

The federal government and the COPOCO Community Credit Union in Bay City, Mich., have settled a lawsuit over the repossession of cars belonging to members of U.S. armed forces. COPOCO Community Credit Union agreed on July 6 to pay $10,000 to three people and $7,500 to a fourth person. Some money can be withheld for overdue payments before the repossessions. Federal law protects service members while they’re on duty. The government says a court must review vehicle repossessions if a loan was obtained before military service. COPOCO didn’t obtain court orders before seizing the vehicles. The U.S. Justice Department began investigating in 2015 when Alyssa Carriveau lost her car and daughter’s car seat in Lacey, Wash., while her husband was away at training. Source: usnews.com.

Law Impacts GPS and Device Usage

A new law in Nevada went into effect July 1 that greatly impacts how buy-here, pay-here dealerships and other auto finance companies that dive deep into the subprime pool can use GPS and starter interrupt devices. The new law states that dealers cannot activate the starter interrupt until the contract holder is more than 30 days past due. Additionally, there are several other modifications to how dealers and finance companies will be able to use these devices in including: they must get written consumer disclosure for using starter-interrupt devices; they must give at least 48-hour actual notice of disablement; they must provide two 24-hour overrides in event of emergency; they cannot charge for installation or use of starter-interrupt technology; there are restrictions on device data collection and length of data retention, and; the device requires certified device installers. Source: autoremarketing.com.

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Couple Alleges Illegal Repossession by Chase

Chase Auto Finance is being sued for emotional and property damages by a Wisconsin family claiming their car was repossessed after they had satisfied all debts on the vehicle, the plaintiff’s attorneys announced recently. The family’s legal representation said the case represents a larger “systemic” problem with auto repossessions. Teresa and Ronald Olstad claim they had fallen behind on their payments, but had agreed on a plan to pay off their debts in March 2016. In May 2016, they came up with the money and Chase sent the couple a letter confirming the repayment of debts, according to the case filing. However, two weeks later, while Teresa was at work, a tow truck pulled up in the parking lot and took the vehicle. Ronald arranged a meeting with the towing company, Tri State Recovery Inc., and presented the documentation proving he had paid off his debts. When Tri State Recovery contacted Primeritus Financial—the repossession manager for Chase— they would not lift the repossession. That same day, the Olstads went to their local Chase branch and sat with a manager for an hour before concluding that it was too late to stop the repossession. The Olstads are requesting a trial by jury but the defendants have motioned to compel the case to arbitration, which would put it behind doors, the plaintiffs said. A Chase Auto Finance spokeswoman declined to comment on pending litigation. Source: autofinancenews.net.

RISC Names Balogh Next President

The Recovery Industry Services Co. named Holly Balogh as its new

president and COO; Stamatis Ferarolis will remain as owner and CEO. “We are thrilled to have Holly join RISC as president and bring her wealth of recovery and compliance experience to our customers,” said Ferarolis. Balogh brings more than 25 years of business experience to RISC. Most recently she was the COO at Recovery Database Network, a business unit of KAR Auction Services. “From my experiences working in the recovery industry, I am aware that RISC provides the gold standard of compliance and training through their CARS program. … I am thrilled to join RISC and to bring my compliance and industry experience to the business,” said Balogh. Source: blog.cucollector.com.

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