ORDINANCE NO. BL2010-621

An ordinance amending Chapter 6.80 of the Metropolitan Code of Laws to prohibit holders of revoked licenses or permits from operating within Davidson County even on an occasional basis and require approval of the Metropolitan Transportation Licensing Commission prior to performance of non-consent tows.

WHEREAS, the current Metropolitan Code does not prohibit persons whose licenses or permits to operate wrecker services or vehicles have been revoked from circumventing that revocation by relocating their business outside of Davidson County, but continuing to operate within Davidson County; and,

WHEREAS, the operation, even on a temporary or occasional basis, of a wrecker service or wrecker driver whose license has been revoked raises public safety concerns; and,

WHEREAS, it is in the interest of public safety to ensure that anyone desiring to perform non-consent tows, including those who may already have a “general” wrecker license, meet all requirements for non-consent towing, including insurance, storage lots, and awareness of laws and rate restrictions, prior to such performance; and,

WHEREAS, Chapter 6.80 of the Metropolitan Code of Laws should be amended in order to address these concerns; and,

WHEREAS, the Metropolitan Transportation Licensing Commission has authority to regulate wrecker services, vehicles, and drivers under Metropolitan Code Chapter 2.100 and recommends approval of the proposed ordinance changes; and,

WHEREAS, such amendments to Chapter 6.80 of the Metropolitan Code of Laws is in the 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is amended by adding “or unless the license or permit of such wrecker service, wrecker vehicle or wrecker driver has been revoked by the Metropolitan Transportation Licensing Commission; or unless the wrecker service consists of any of the owners or partners, or immediate family members of any owner or partner, of any company or firm, the license of which has been revoked by the Metropolitan Transportation Licensing Commission” to the end of the last sentence of section 6.80.020.

Section 2. Chapter 6.80 of the Metropolitan Code of Laws is amended by deleting section 6.80.170(A) in its entirety and substituting the following:

No one shall make nonconsent tows without prior approval from the Metropolitan Transportation Licensing Commission.

Section 3. 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: Rip Ryman

LEGISLATIVE HISTORY
Introduced:	February 2, 2010
Passed First Reading:	February 2, 2010
Referred to:	Public Safety Committee
Passed Second Reading:	February 16, 2010
Passed Third Reading:	March 16, 2010
Approved:	March 17, 2010
By: