ORDINANCE NO. BL2008-284

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to reflect changes in emergency towing costs.

WHEREAS, the Transportation Licensing Commission recognizes that certain aspects of the Metropolitan Code of Laws which govern wrecker service need to be updated to reflect revised names of roadways and measurement designations; and,

WHEREAS, the Transportation Licensing Commission recognizes that business expenses for equipment, insurance, taxes, and most notably, fuel have increased since the rates were previously set for emergency towing in Chapter 6.80 of the Metropolitan Code of Laws; and,

WHEREAS, Chapter 6.80 of the Metropolitan Code of Laws should be amended in order to bring such rates in line with the increased costs of emergency towing; and,

WHEREAS, the Metro Transportation Licensing Commission approved specific wrecker rate increases in January 2008, along with other clarifications of the existing Code; and,

WHEREAS, such amendment to Chapter 6.80 of the Metropolitan Code of Laws is in the best interest of the citizens of The Metropolitan Government of Nashville and Davidson County.

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 changing the reference to “I-265 Loop” with “I-40/I-24/I-65 Loop” in Sections 6.80.550(A)(1)(a) and 6.80.550(A)(1)(b), to incorporate changes in the designation of interstate routes since the previous version of this law was enacted.

Section 2. Chapter 6.80 of the Metropolitan Code of Laws is amended by changing “Pounds” with “Pounds GVWR,” in the titles of Sections 6.80.550(A) and 6.80.550(B), to clarify the Gross Vehicle Weight Rating as the standard that will be used to differentiate the weights of towed vehicles in applying the rate tables.

Section 3. Chapter 6.80 of the Metropolitan Code of Laws is amended by adding the phrase “at the Direction of a Law Enforcement Officer” after the subtitle “Rate Schedule for Nonconsent Towing” in Section 6.80.550, and after “Vehicles towed to company lot” in Section 6.80.550(A)(1)(d).

Section 4. Chapter 6.80 of the Metropolitan Code of Laws is amended by adding a new subtitle “Rate Schedule for Nonconsent Towing from Private Property” at the beginning of Section 6.80.550(H), to clarify which towing rates apply to nonconsent towing ordered by the police, and which apply to nonconsent towing authorized by a private property owner or that owner’s designee.

Section 5. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$85.00” for “$65.00” in subsection 6.80.550 (A)(1)(a).

Section 6. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$95.00” for “$75.00” in subsection 6.80.550 (A)(1)(b).

Section 7. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$105.00” for “$85.00” in subsection 6.80.550 (A)(1)(c).

Section 8. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$105.00” for “$85.00” in subsection 6.80.550 (A)(1)(d)(i).

Section 9. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$95.00” for “75.00” in subsection 6.80.550 (A)(1)(d)(ii).

Section 10. 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 GVWR

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

TABLE 6.80.550(B)(1)

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 … $175 per hour
ii. Class C Wrecker … $275 per hour
iii. Class C Rotator, if needed … $350 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.

e. When the use of air bags is necessary under special recovery circumstances, an additional rate of $2,500 may be charged.

Section 11. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$125.00” for “$105.00” in subsection 6.80.550 (C)(1).

Section 12. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$15.00” for “$10.00” in subsection 6.80.550 (C)(2)(a).

Section 13. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$15.00” for “$10.00” in subsection 6.80.550 (C)(2)(b).

Section 14. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$20.00” for “$15.00” in subsection 6.80.550 (C)(2)(c).

Section 15. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$25.00” for “$20.00” in subsection 6.80.550 (C)(2)(d).

Section 16. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$30.00” for “$25.00” in subsection 6.80.550 (C)(2)(e).

Section 17. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$35.00” for “$30.00” in subsection 6.80.550 (C)(2)(f).

Section 18. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$35.00” for “$30.00” in subsection 6.80.550 (C)(2)(g).

Section 19. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$20.00” for “$15.00” in subsection 6.80.550 (C)(2)(h).

Section 20. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$30.00” for “$25.00” in subsection 6.80.550 (C)(2)(i).

Section 21. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$35.00” for “$30.00” in subsection 6.80.550 (C)(2)(j).

Section 22. Chapter 6.80 of the Metropolitan Code of Laws is amended by substituting the number “$45.00” for “$35.00” and by substituting “forty-five dollars for “thirty-five dollars” in subsection 6.80.550 (G).

Section 23. Chapter 6.80 of the Metropolitan Code of Laws is amended by deleting subsection H of Section 6.80.550 in its entirety and substituting the following:

H. Rate Schedule for Nonconsent Towing from Private Property

Any towing and storage firm engaged in the business of non-consent towing shall not charge the owner of any towed vehicle or personal property in excess of the following rates.

1. Towing:
a. Vehicles under seven thousand pounds GVWR: $85.00 maximum
b. Vehicles over seven thousand pounds GVWR:
i. Length of 26 feet and under -- $180.00 maximum
ii. Length over 26 feet -- $300.00 maximum

The towing fee shall be all inclusive; no additional fees may be charged for using dollies, trailers, lifts, slim jims or any other equipment or service, or for mileage.

2. Storage. The maximum fee for storage of any vehicle removed from private property is $20.00 per day. No storage fee may be charged for vehicles stored two hours or less.

Section 24. Chapter 6.80 of the Metropolitan Code of Laws is amended by adding a new subsection, 6.80.550, (I) which reads:

I. In addition to the rates authorized above, wrecker companies are authorized to charge a one-time processing fee of $10.00 for any vehicle remaining in storage on the company lot for ten days, to offset direct costs for notification of the owner or lienholder as required by state law.

Section 25 . 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: Charlie Tygard, Erik Cole

LEGISLATIVE HISTORY
Introduced:	August 19, 2008
Passed First Reading:	August 19, 2008
Referred to:	Budget & Finance Committee Public Safety Committee
Passed Second Reading:	September 16, 2008
Passed Third Reading:	October 7, 2008
Approved:	October 14, 2008
By: