An ordinance amending the rates for licensure and for operation of towing services with regard to the emergency towing of vehicles.

Whereas, the amount of business conducted with the Metropolitan Government by emergency wrecker companies varies greatly according to geographic zone and should allow for graduated licenses fees according to these zones; and

Whereas, the Transportation Licensing Commission recognizes that business expenses for fuel, equipment, insurance and taxes have increased since the rates were previously set for emergency towing; and

Whereas, it is therefore deemed necessary for the Metropolitan Government to make the following amendments to the wrecker regulations.

Now therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the words “established by the Commission based on the volume of emergency towing operations performed within the emergency service zone” for “of five hundred dollars” in subsection 6.80.535 (A) thereof.

Section 2. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the word “Seven Hundred” for “Five Hundred” in subsection 6.80.550 (A).

Section 3. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the words “sixty-five” for “sixty” in subsection 6.80.550 (A)(1)(a) thereof.

Section 4. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the words “seventy-five” for “sixty-five” in subsection 6.80.550 (A)(1)(b) thereof.

Section 5. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the words “eighty-five” for “seventy-five” in subsection 6.80.550 (A)(1)(c) thereof.

Section 6. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$85.00” for “$75.00” with in subsection 6.80.550 (A)(1)(d)(i) thereof.

Section 7. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$75.00” for “65.00” in subsection 6.80.550 (A)(1)(d)(ii) thereof.

Section 8. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the words “seventy-five dollars per hour” for “twelve dollars per quarter hour (Class A, B, and D wreckers)” and substituting the words “each additional wrecker may not exceed the base rate of seventy-five dollars per hour after the first hour” for “the first hour is fifty-five dollars and charges for labor, including winching, may not exceed a fee of twelve dollars per quarter hour thereafter” in subsection 6.80.550 (A)(2) thereof.

Section 9. Chapter 6.80 of the Metropolitan Code of Laws is amended by deleting the words “for vehicles five thousand pounds and under” from the second sentence and by deleting the third sentence in its entirety in subsection 6.80.550(A)(3) thereof.

Section 10. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the word “fifteen” for “ten” in subsection 6.80.550 (A)(4) thereof.

Section 11. Chapter 6.80 of the Metropolitan Code of Laws is amended by deleting subsection B of Section 6.80.550 in its entirety and substituting the following:

B. Vehicles Over Seven Thousand Pounds

1. Base Rates - Base rates apply in the following situations: Towed vehicles shall mean those vehicles which can be driven, but are towed to the lot at the request of the owner or police officer. Driven vehicles shall mean those vehicles driven to the lot by a wrecker company driver at the request of the owner or police officer. Wrecked vehicles shall mean those vehicles that cannot be driven, and must be towed to the lot.

TABLE 6.80.550(B)(1)
Towed Driven Wrecked

Straight Trucks and Vans: $150 $105 $170
Tandem-Axle, Not Loaded: $175 $105 $195
Tandem-Axle, Loaded: $200 $105 $220
Recreational Vehicles:
26 Feet & Under in Length: $140 $105 $160
Over 26 Feet in Length: $155 $105 $175
Buses (Large): $200 $105 $225

2. Additional Fees

a. Hourly Rate for necessary preparation or removal of bumpers, drive shafts before towing is possible, and reconnection after towing is $100 per hour.

b. Labor Rates after first hour for wrecker and driver:
i. Class B Wrecker $150 per hour
ii. Class C Wrecker $250 per hour
iii. Class C Rotator, if needed $300 per hour

c. When wreckers are required to wait at the scene for functions to be performed by others (e.g., emergency personnel), waiting time charges may not exceed one-half the allowable labor rate.

d. When the use of outside labor and equipment is required, wrecker company charges may include not more than an additional twenty-five percent charge.

Section 12. Chapter 6.80 of the Metropolitan Code of Laws is amended by deleting subsection C of Section 6.80.550 in its entirety and substituting the following:

C. Other Rates

1. Recovery of vehicle submerged in water $105
2. Storage rates, per day (after first two hours on the lot):
a. Motorcycle, ATV $ 10
b. Mower, Miscellaneous Equipment $ 10
c. Car $ 15
d. Tractor $ 20
e. Motor Home, 26 Feet and Under in Length $ 25
f. Motor Home, More than 26 Feet in Length $ 30
g. Tractor-Trailer, Commercial Bus, House Trailer $ 30
h. Boat, Under 19 Feet in Length $ 15
i. Boat, 19 to 26 Feet in Length $ 25
j. Boat, More Than 26 Feet in Length $ 30

3. No storage fee may be charged for vehicles stored two hours or less.

Section 13. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$35.00” for “$25.00” and substituting the words “thirty-five” for “twenty-five” in subsection 6.80.550 (G) thereof.

Section 14. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the words “sixty-five” for ”fifty-five” in both the first and second sentence and substituting the word “fifteen” for “ten” in subsection 6.80.550 (H) thereof.

Section 15. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Diane Neighbors, Ginger Hausser

Amendment No. 1
To
Ordinance No. BL2004-435

Mr. President,

I move to amend Ordinance No. BL2004-435 by deleting the word “hundred” wherever it appears in Section 2 and substituting in lieu thereof the word “thousand”.

Sponsored by: Ginger Hausser

LEGISLATIVE HISTORY
Introduced:	December 7, 2004
Passed First Reading:	December 7, 2004
Referred to:	Budget & Finance Committee Public Safety Committee
Amended:	December 21, 2004
Deferred:	December 21, 2004
Passed Second Reading:	January 18, 2005
Passed Third Reading:	February 1, 2005
Approved:	February 2, 2005
By: