TRAA Legislative Update: Van Hollen Amendment to Regulate Consensual Towing

We’ve received questions from members regarding the amendment introduced by Senators Chris Van Hollen (D-MD) and Tim Kaine (D-VA) on August 3rd. The amendment in question sought to revise the existing Federal Authority Over Interstate Code (49 USC 14501) and return the state’s right to regulate all towing operations, not just non-consensual, by striking the words “performed without prior consent or authorization” from 49 USC 14501 (c)(2)(C). As your national association, we fully understand the negative impact that the regulation of consensual towing would have on the entire industry.

Given all the conflicting information out there, we’ve gone straight to the source. Please see the statement from TRAA’s federal lobbying team, Tremont Strategies Group LLC:

Dear TRAA Members,

We understand there has been confusion about the issue among some of the state associations. In short, due to efforts by TRAA, the amendment that would have allowed states to regulate consensual towing was NOT included in the bipartisan infrastructure bill that passed the Senate. We do not expect it to be included in the final bill that passes the House and ultimately gets to the President’s desk.

As you know, Senators Van Hollen (D-MD) and Tim Kaine (D-V A) offered this amendment on August 3rd while the Senate was debating the bill which, to make matters more confusing, was numbered HR 3684 (the termed used for the Senate Bipartisan Infrastructure Bill even though it technically originated in the House). When the Committee staff saw the proposed Van Hollen/Kaine amendment, and its impact on the towing industry, they reached out for TRAA’s feedback. We were able to communicate our concerns to Senate Commerce Committee staff and other key staffers – many of whom are familiar with and supportive of TRAA given the many meetings conducted during our annual Hill Day and in subsequent follow-up. When the Senate passed the Bipartisan Infrastructure Plan on August 10th, the Van Hollen amendment was NOT included, and this was emailed to TRAA’s membership on August 13th along with other legislative victories and efforts TRAA championed in the bill.

The Bipartisan Infrastructure Plan is now under consideration before the House for and will likely move in conjunction with the $3.5 trillion reconciliation package. We expect that the Bipartisan Infrastructure Plan will pass the House and amendments will NOT be accepted.

The House is also in the process of drafting another infrastructure bill, the $3.5 trillion reconciliation package. This bill will be focused on so-called “soft” infrastructure such as childcare, health care, and the environment. While this is unlikely to be a vehicle where another attempt could be made to insert this language into a bill, we have proactively reached out to relevant committee staff and key Members of Congress. Many of whom have over time, and in large part due to the relationships we have built during TRAA’s legislative days, have become advocates for towers to make them aware of this effort, and proactively voice our concerns. According to staff on the relevant House committees, this is NOT expected to be something the House considers as part of the second infrastructure package.

We remain actively vigilant in keeping our ears to the ground about potential advocacy efforts to revive this amendment and are coordinating our efforts with like-minded organizations such as AAA National.
Again, congratulations go to TRAA for their efforts to defeat this measure, and we hope this clarifies any confusion within the industry.

We look forward to continuing to represent towers on behalf of TRAA in Washington DC. We’re happy to answer any questions you or the TRAA membership may have.

Sincerely,
David J. Garriepy
Vice President, Government Affairs

We appreciate your concern and engagement on this important federal legislative issue and encourage you to register for TRAA’s annual Legislative Action Workshop & Hill Day in March 2022. Until then, we’ll be here guarding the gate. We appreciate the support of every member; we couldn’t do this critical work without you!

David Bammel Named Vice President of Digital Technology for JLG® and Jerr-Dan®

Darian Weaver

Jerr-Dan, an Oshkosh Corporation company (NYSE: OSK), announces that David Bammel has been named Vice President of Digital Technology for Oshkosh Corporation’s Access segment, which includes JLG® aerial lifts and material handling equipment and Jerr-Dan® towing and recovery equipment. In this role, Bammel will be responsible for the development and execution of a digital vision and strategy for each brand. Bammel will be based out of the company’s offices in Hagerstown, Maryland.

“David is a thought-leader in the digital space, recognized for accelerating growth and advancing corporate strategic objectives across multiple disciplines, departments and industry segments,” said Frank Nerenhausen, Oshkosh Corporation executive vice president and president of the company’s Access Segment. “We are pleased to have his expertise to drive our technology-enabled business transformation. His efforts will support future growth, while continuing to accelerate digitization across the company.”

“I am excited to have the opportunity to work for such a well-established and respected company,” says Bammel. “I see myself as a catalyst for organizational development and sustainable business growth, and in this role, I will work to carefully orchestrate and support enterprise-wide technology changes that will enable JLG and Jerr-Dan to continue exceeding customer expectations.”

Bammel joins the JLG and Jerr-Dan teams with more than 25 years of digital technology, business transformation and applied technology experience, including positions within manufacturing environments and in global locations. Most recently, he was Senior Vice President at GCP Applied Technologies His past experience also includes serving as Director of Information Technology for AGCO, a global manufacturer and distributor of agricultural equipment. He is a graduate of Alfred University in New York.

About Jerr-Dan

JerrDan, LLC, an Oshkosh Corporation [NYSE: OSK] company, is a leading manufacturer of towing and recovery equipment. Its full line includes light-, medium- and heavy-duty carriers and wreckers, industrial transporters, and four-car carriers. The company is headquartered in Hagerstown, MD., and its products are backed by industry-leading warranties and a strong service network dedicated to the towing professional.

To learn more about Jerr-Dan, visit www.jerrdan.com.

Yes, OSHA applies to the towing industry

James E. Lewis

Pile of documents with Occupational Safety and Health Administration OSHA.

Have you ever heard of terms like “general duty” and “multiple employer liability,” along with “multiple employer worksite”? I hadn’t either until I worked on a blockbuster case this year – and a conversation, actually an argument, I had last year suddenly made sense.

People in the towing industry, especially, need to pay attention to these terms, and I’ll gladly explain them. They all revolve around OSHA standards that determine liability in case of an incident, crash, or injury. And, in the case of a contractor doing something wrong on your tow yard, YOUR company is actually at the top of the list for liability when the lawsuits start flying. Deny it all you want, like those guys did last year, but it’s true, accurate, and can cost you a fortune.

The first thing to understand is that your tow yard is a “worksite” as designated and outlined by OSHA. The things that concern you about DOT, FMCSA, and state towing regulations also apply, but OSHA trumps them all when there’s an injury or wreck – especially when the tow, movement, or action ORIGINATED at your place of business. “General duty” applies to anyone trained in safety regulations, as they have a general duty to stop unsafe acts and correct them. Multi-employer liability and a multi-employer worksite is simple – think of a general contractor building a house. That contractor, by OSHA standards, is not only responsible for his own crew, but all subcontractors who come onto the worksite to perform work. Also, each subcontractor is also still responsible for their own people, and in many cases, the safety of others if that subcontractor has a general knowledge of what the other crew is doing.

Think about how that applies to your tow yard…it’s all about “industry accepted standards” and who understands them. And you’ve trained all your people and they understand the standards in the industry.
Last year, I was working a contract job and actually got into an argument with several people at a company’s tow yard over liability. I referenced that conversation in one of my articles last year. It wasn’t until I worked a completely different liability case this year for a lawfirm in Louisiana that I saw how this all plays out. Pay attention and I will describe for you how your company can lose everything over something seemingly simple.
To refresh your memory, an outside contractor for Copart came to the yard to pick up a wrecked car. Typical process, the driver gave us information on the vehicle, filled out a check, got the paperwork and keys, and loaded the car. He only used one side of the bridle up front, with a mini-J in the frame, and one chain out back with a J-hook on the rear axle. I went to stop the guy to tell him to hook up the car properly, and the guys I was working with lost their ever-loving minds. They insisted that I had no business telling a guy from another company how to secure a car, and that “we” had no liability if the guy got into a wreck and the car became a projectile. I knew they were wrong, and didn’t push it, but it has bothered me ever since. It really bothered me when the details of this case in Shreveport, Louisiana played out. An outside contractor came to an auction yard, was picking up a wrecked Kenworth truck, and cobbled together a pile of stuff to rest the front end on while the two guys (contractors) forced the front axle of the truck back into its original place – so they could move the truck piggyback-style. They banged on it with hammers, pulled on the axle with ratchet straps, used prybars, and finally, they moved the truck enough to where it fell down and landed on the guy underneath, severing both of his legs.

Now, the liability claims start flying. The auction yard has the first level of responsibility because it happened on their property. Their people should have recognized a dangerous scenario and stopped it. The company that contracted the contractor came in second – and they weren’t even there. Then, the actual contractors who were moving the truck came in last. Everybody paid until their insurance policies maxed out and then they paid some more. The truck buyer who contracted the contractor, and the contractor himself, went out of business. The auction business paid in the eight-figure range.

Can you afford that? Because in that scenario, you and your towing company are first in line like the auction service since the vehicle would be on your property and the incident happened there. Even if the vehicle had made it off the property but had been haphazardly secured and caused a crash down the road, the auction service (or your company) would be primarily at fault because your people know the safety and securement rules that apply, and the rules weren’t followed.

Given this case as an example and applying that standard back to the tow yard where I was obstructed from correcting a driver – not only is it your responsibility to observe and correct unsafe acts, but you will also be held responsible if someone commits an unsafe act where your company is ANYWHERE in the chain of events – and you’ll be at the top of the list of defendants.

Don’t believe me? Let me show you the OSHA guidance that is the base standard – this is the standard that the lawyers apply and essentially blame everyone who had a hand in or an eyeball on a situation.
Under the Occupational Safety and Health (OSH) Act of 1970, the guidance is simple:

Each employer –
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
(2) shall comply with occupational safety and health standards promulgated under this Act.
(3) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.

Those few words are the pillars and backbone of all personal injury litigation.
Here is the OSHA regulation that allows individuals and companies to enforce OSHA standards and protect them from reprisals:

1960.28(c)
Any employee or representative of employees, who believes that an unsafe or unhealthful working condition exists in any workplace where such employee is employed, shall have the right and is encouraged to make a report of the unsafe or unhealthful working condition to an appropriate agency safety and health official and request an inspection of such workplace for this purpose. The report shall be reduced to writing either by the individual submitting the report or, in the case of an oral notification, by the above official or other person designated to receive the reports in the workplace. Any such report shall set forth the grounds for the report and shall contain the name of the employee or representative of employees. Upon the request of the individual making such report, no person shall disclose the name of the individual making the report or the names of individual employees referred to in the report, to anyone other than authorized representatives of the Secretary. In the case of imminent danger situations, employees shall make reports by the most expeditious means available.

DOT rules, FMCSA guidelines, and state towing laws are important – but it is OSHA that steps in and calls the shots in any case of personal injury or death.

And yes,
(1) You’re at the top of the list come litigation time,
(2) What that contractor does is not only your business, but also your requirement to monitor and correct.

Remember – your tow yard is a “worksite” by OSHA standards – as is a towing or recovery scene – treat it accordingly and protect yourself.

Clore Automotive

Darian Weaver

The JNCAIR takes multi-function professional jump starting to the highest level. It features our exclusive Clore PROFORMER battery technology, specifically designed for vehicle jump starting. It delivers high peak amps, extended cranking power, numerous jumps per charge, and a long service life. Plus, with automatic charging from a built-in charger, extra-long cables and a rubberized base that won’t mar a vehicle surface, the JNCAIR is as convenient as it is powerful. Its integrated Air Delivery System can fill a 15” vehicle tire from flat in four minutes, features a 12’ coiled air hose, utilizes an accurate and easy-to-read gauge and has a screw-on chuck that won’t scratch customer wheels. Includes a coupon for a one-time, fixed-fee ($150) out-of-warranty repair, no matter how old the unit is or why it is broken. Simply box it up and send it to us with a check for the coupon amount, and we will repair or replace it, even if it is five or seven years old. Power you can depend on, that’s Jump-N-Carry!

For more information, visit www.cloreautomotive.com.

GoLight

Darian Weaver

GOLIGHT GT

The NEW Golight GT Series remote controlled spotlight by Golight Inc. features: Wireless or Hardwired Remote Control Options, Permanent or Portable Mounting, 370° Rotation x 135° Tilt, and is UV Ray and Saltwater Resistant. Upgrades from the previous Golight RadioRay models include: Updated exterior housing design, Higher torque drivetrain and more precise pan / tilt control, Increased Ingress protection from dust / water (IP56), Permanent mount models boast a robust 14 gauge stainless steel mounting bracket and Portable magnetic models have 2X magnetic grip.

Golight GT Series Light Output: Halogen, 225,000 Candela, Max Beam Distance 3,113 ft., 5.5 amps at 13.8V and LED, 544,000 Candela, Max Beam Distance 4,839 ft., 3.7 Amps at 13.8V.

Golight GT Series has a 3 year limited warranty.

Stryker ST

The NEW Stryker ST Series Remote Controlled Spotlight features: Wireless Remote Control, Permanent or Portable Mounting, 370° Rotation x 135° Tilt, and is UV Ray and Saltwater Resistant. Upgrades from the previous Stryker models include: Multiple Unit Selector Function which allows for independent control of 2 units with 1 remote, Home Position Function (On-Command return to 0° home), New Wireless Technology Benefits including: Simultaneous Pan + Tilt, Multiple users can operate lights in close proximity without interference, Smart Programming Logic (Quick and simple pairing without dipswitches), and Fluorescent Remote Buttons.

Stryker ST Series Light Output: Halogen, 225,000 Candela, Max Beam Distance 3,113 ft., 5.5 amps at 13.8V and LED, 544,000 Candela, Max Beam Distance 4,839 ft., 3.7 Amps at 13.8V.

Stryker ST Series has a 5 year warranty.

Wheel Lift, Rollback, Repossession…don’t leave the lot without them!

Darian Weaver

How do you tow vehicles without wheels and tires? In the world we are in today, stolen wheels and tires are a problem for tow pros everywhere. Just last year, a manager of a Louisiana car dealership started his day with 124 wheels stolen from vehicles on his lot overnight! Statistics show that the number of stolen wheels and tires is increasing in cities across the U.S. Then there are flat tire situations, blowouts, and complete tire separations. All present quite the challenge for towing professionals. Especially since 35% of all new vehicles come without spares. As a towing professional, what is the best way to get these vehicles up on your flatbed or dolly and safely tow to the nearest shop?

We’re excited to introduce a revolutionary new tool for the towing & recovery industry. GUNIWHEEL™ is the world’s first universal-fitting vehicle mounting system in a tire a wheel design. With GUNIWHEEL™, you can safely mount and move any vehicle that has missing or damaged wheels and tires. GUNIWHEEL™ is a solid steel wheel with an airless polyurethane rubber exterior. It’s patented universal-fitting lug pattern system easily mounts on all current passenger vehicles thereby reducing the need to carry multiple spares or “donuts” to move vehicles onto tow beds and trailers.

Weighing just 34 lbs. and 22.5” D x 3” W, GUNIWHEEL™ is a compact solution to keep inside your towing compartment or neatly stacked on your tow bed. Each GUNIWHEEL™ can hold up to 2,500 lbs. – strong enough to install on all four-wheel hub locations. They can be driven at a max speed of 5mph and are primarily used to move vehicles on and off tow beds, drive on lots, and into body shops for vehicle repair.

GUNIWHEEL™ currently comes in two models: GUNIWHEEL™ 45 is for most standard size vehicles with 4 & 5 lug patterns. GUNIWHEEL™ 56 is for bigger trucks, vans, and large SUV’s with 5 & 6 lug patterns.

GUNIWHEEL™ 80 NOW AVAILABLE

We’re pleased to announce that GUNIWHEEL™ 80 is now available. GUNIWHEEL™ 80 is the big brother follow up to the award-winning GUNIWHEEL™ 45 and 56 models. The 8 lug version is bigger than the previous models to accommodate the size and weight of the bigger trucks and vans. The overall diameter is 24.5” and 3.5” wide with a weight capacity tested up to 3,500 lbs per wheel. With GUNIWHEEL™ 80, shops can now easily mount, move or transport 8 lug trucks and chassis like Ford F-250, Chevrolet C2500 and Silverado 2500, Dodge RAM 2500, and GMC Sierra 2500. Order yours today.

At GUNIWHEEL™ we say “NO WHEELS? NO PROBLEM!” Contact us at www.guniwheel.com/towpro

Radius Flatbed

Darian Weaver

Dynamic created the Original Self-Loading Wheel-Lift that has become the most sought-after technology in the towing industry. The idea of the self-loading wheel-lift system came from a need of faster and safer operation for recovery agents. To continue with the efforts of creating the safest recovery vehicles on the market.
The Dynamic Radius is a 240º rotating car carrier, allowing for quicker and safer recovery where limited space is available to maneuver. The design of the radius allows for less equipment blocking the roadway creating a safer workspace for recovery personal.

12,000 lb. Capacity Deck
9,500 lb. Rotation Capacity
240º Deck Rotation
5,000 lb. Self Loading Wheel-Lift

Standard Features:

48” Toolbox
18 Triple Eye Tie Down Pads
100’ 3/8” Cable w/ Roller Guide & Tensioner Winch Release
Wireless Proportional Remote
Stationary Frame Mounted Light Pylon
Grease Fittings on Bed Rails
Hydraulic Outriggers
(1) “V” Bridle, (2) “J” Hook Chains w/ Clusters, (2) Wheel Lift Straps
Tow Light Plug
Dual Luminated Control Workstations
Tie Down Systems
FMVSS 108 Lamp Group
LED Lights, Including Reverse Lights

Optional Features:

102” Wide Deck
Diamond Plate Steel Deck
4,000 lb. Independent Self-Loading Wheel Lift
Fold Down & Removable Rails
Lower & Deck Mounted Work Lights
Light Bar
Switch Panel
Wheel Simulators
PTO (Power Take Off)
Additional & Custom Options Available

Dynamic continuous to broaden their product line with the introduction of various new wrecker models and Dynamic car carriers. Dynamic Towing Equipment & Manufacturing is a customer care focused company where customers can directly reach the owner as well as all departments to effectively create efficient client communication.

Dynamic Towing Equipment & Manufacturing
1120 E Brambleton Ave
Norfolk, VA 23504
757-624-1360
Dynamicmfg.com

Jerr-Dan MPL-NG or MPL-NGS Models

Darian Weaver

Photography courtesy of: Abraham Abarca, Eagle Eye Repo, Colorado Springs, CO.

If you are in the repo business, it’s likely that you already know what you’re looking for: a durable truck that gets the job done efficiently. Look no further than the Jerr-Dan MPL-NG or MPL-NGS models. Jerr-Dan’s standard wrecker line-up includes an MPL-NG and MPL-NGS that offer a quick and speedy recovery. Sold by authorized Jerr-Dan distributors, either model offers you durability, versatility, and the efficiency to get the job done. The underlift on both models come standard with a 90-degree pivoting head, with an 8,000 lb. winch option or without a winch – allowing you to recover a parallel parked vehicle with ease.

Whether you choose to add a winch or not, Jerr-Dan designed the NG and NGs with efficiency and the operator in mind. Stay in your cab and use the in-cab remote to control and lower the underlift down to the desired level parallel to the ground. With the standard adjustable auto-level stop assist system, the underlift will automatically halt when it’s level to the ground which will prepare you to extend the self-locking L-Arms at the necessary level to complete the pick. Setting the underlift and L-Arms to be aligned at the perfect level is essential during any recovery.

The capacities on the NG and NGS allow for a 4,000 lb. lift when the underlift is fully extended. A winch capacity of 8,000 lbs. comes complete with 3/8” X 75’ wire rope, including the manual free spool and rope tensioner.

Other features on both models include multiple grid options from manual L-Arms, pivoting L-Arms, or fixed L-Arms. Whether you are towing low-clearance sports cars or motorcycles, the customizable wheel lift packages for each model let you take on more jobs, faster.

The NG is built with an aluminum, modular body to meet the needs for you and your business. Just as durable is the NGS, configured with a steel body that has a steel diamond plate deck. Whether you desire a steel body or aluminum, modular body, either model comes off the line with a standard back-up alarm and Low-Maintenance NoLube™ technology or, are available with optional grease fittings.

If your goal is to get the job done as efficiently as possible—look no further than the durable Jerr-Dan MPL-NG or MPL-NGS for your next recovery.

Find a Jerr-Dan distributor today or learn more about the MPLs here. Jerr-Dan is committed to supporting you after the sale. Contact a distributor today for all your parts and service needs.

The Sneeze

D.J. Harrington CSP

You are probably wandering what sneezing has to do with our industry. It is quite simple. After sharing a short story with you, I am sure you will want to share it with as many of your team, family, and other towers as soon as you can. This event happened at a university located in Maryland.

Perhaps most of us within the last 30 days have known someone such as a family member, friend, neighbor, or someone from church who graduated from grade school, high school, or college. What happened in this story might brighten your spirits during these trying times in our country.

Imagine that you are graduating and excited to walk with your class so the world can see your accomplishment. As you walk in tandem down the aisle in front of those assembled, envision each of the ninety-two classmates filing into the already crowded auditorium wearing a maroon gown. The gowns are swaying to the music along with the tassels atop of the traditional caps. Each graduate looks almost as grown up as they feel.

Family members and friends are proudly looking on. You can see dads swallow hard behind broad smiles and many a mom brushes away tears. Their baby has reached a milestone! Unfortunately, even though you are excited, things are going to be different during this graduation ceremony because a ruling has already come down from the government. This class was NOT going to pray during commencement, not by choice though but because of the recent court ruling prohibiting prayer.

True to the government’s edict, the principal and several students were careful to stay within the guidelines as allowed by the ruling of the state. Each presenter gave inspirational and challenging speeches, but no one mentioned divine guidance. Furthermore, no one asked for blessings on the graduates or their families. Each speaker was nice, but they were routine and regimented until the final speaker completed his speech.

As the final speaker reached the edge of the stage, this solitary student walked proudly to the microphone. Took a deep breath and stood still and silent for a moment or two, and then it happened.

All 92 students…every single one of them … suddenly SNEEZED!!! The student commanding the stage simply looked at the audience and said, “God bless you” and walked off the stage. The audience exploded into uproar and applause. The graduating class had found a unique way to invoke God’s blessing on their future with or without the court’s approval. Isn’t this a wonderful story?

I hope you will pass this story on to a fellow tower, any police officers on the scene or your friends and neighbors. God bless You!!!

Since our country is changing in so many areas without much input in what we want or thought possible, please tell as many towers and other people about this story as you can. Doing so will restore your faith in our people. Oh, how I wish this story will be repeated daily. We should be proud of our God, our flag, and our country again and not be afraid to say it.

With NO excuses, I ask God to bless you. See you next time!

The Owner is the Company

Dan Messina

The last few articles I talked about how the industry is changing. The industry can change but one thing remains the same. YOU. When I started my company I knew nothing about the industry, but I knew who I was and how I would operate. Growing up I played a lot of team sports. I never realized how that would play a role later in business. I was very competitive and always wanted to win. In order to win you need several things to happen:

Know the rules of the game
Know your objective
Look intimidating
Surround yourself with good players
Don’t worry about your reputation
Define your character

These were the winning ingredients for my company. The industry is changing and owners today must adapt to all the changes.

Rules of the game

There are new rules to meet the ever changing times. Not only are there new laws that changed the game, but we got hit with a pandemic that also changed the way we do business. Hiring new employees has become a challenge. First you have to find the right people to hire. Then you have to meet their demands on what you have to pay them. Every state in every city seems to have their own set of rules.

Your objective

When I opened my doors I knew exactly how I wanted my company to look, and how I wanted it to function. You can’t do that today. Trucks are hard to find, people are hard to find, and you custom has become too demanding.

Look intimidating

Any sports team I played on I made sure we had matching uniforms, all the colors matched, added bling, and had the latest and greatest equipment. Today my drivers have blue hair and listen to their girlfriend. I was in Wisconsin talking to a business owner and he got a call that his driver quit because his girlfriend broke up with him. No notice, no other job to go to, no 2 week notice just left the owner hanging

Good players

I tried to hire the best employees for each position. Today people just want to stay at home and live off the government. In the past we always had a driver problem. I can’t think what it’s going to be like 5 years from now. My next mission will be to start a towing trade school. I will be working with the California state association and hopefully many of the tow companies out there to make this happen. Watch for details in the future.

Your reputation

All you have left is who you are and how you built your company. When you are the best company your competition will try to ruin your reputation. Remember this is not who you are this is other people’s opinion. They can paint any picture they want and make you look how they want you to look.

Your character

Remember you are a service company. Your customer will know who you are by your character, the team you built, and the way you conduct business.

It is difficult being a small business owner because you wear all the hats even if they don’t fit. Make no mistake your company will become what you are. The good thing to know is, there are plenty of resources to draw on if you are having problems, especially other business owners that would love the opportunity to help when you have problems.

Remember these few things:

If you want others to pursue excellence, you must set the standard
If you want others to communicate, you must be prepared to listen
If you want others to have innovation, you must give them freedom to fail
If you want others to trust you, you must earn their trust
If you want others to follow you, you must demonstrate excellent leadership

Success Magazine

Be honest, moral, and ethical and your business will succeed no matter how the industry changes. I am building my new company based on how you run your business, I want to have 20,000 tow companies towing for my customers and I will help you set the standard of excellence in the future.

I had the opportunity to experience firsthand a company with good working ethics. Recently I was traveling home from vacation and our group stopped in Louisiana to eat supper. When it was time to leave my truck would not start. We packed up all the woman in one car and sent them on their way back to Dallas. My son-in-law and I waited for the tow truck. It was a motor club call so you know it took a while for the truck to arrive. I talked to the owner of the company who assure me the truck was on its way and he would be there as soon as possible. The truck was about 20 miles out.

I received a very fair price and a reassuring voice that I would be taken care of.
After about an hour the truck arrived and we were preparing it for tow and my truck started. I told the driver to leave, and that I would drive back to Dallas without stopping. The tow truck driver left and I started on my way. I made it about 8 miles and my truck died. In the middle of nowhere in the middle of the night. I called the owner of the tow company again. He told me not to worry he would send the driver back out. He did not charge me and his only concern seemed to be for my safety. Forty minutes later the driver showed up and took me to the nearest Ford dealer and dropped off my truck. The driver was friendly and courteous and took us to a hotel where I ended up spending the night. I was having a bad day but the tow company and the driver did the best they could to make my day better than it was.

It was easy to see this company had good working ethics and business sense when it came to a satisfying a stranded customer.

No one likes unpleasant Surprises

James E. Lewis

We all like good surprises, like at your birthday or graduation, or surprising your family with a vacation trip. There are other surprises that we don’t like and have adverse reactions to – especially those involving work, our companies, and our personnel. Surprises like an IRS audit, DOT audit, or other – only the surprises I’ll talk about here are much worse than those.

This article is about three surprises, all involved in one case that I’m working on. Of course, I’ll leave out the names and locations, companies and makes of trucks, but I think you’ll get the gist of what I’m talking about here.

One fall/early winter evening last year, a team of drivers operating a crew cab dually pickup pulling a 40-foot flatbed trailer, in standard “hotshot” configuration, was travelling on a Midwest freeway. They had two sea containers on the trailer. Their truck began to stall and then shut down, so they pulled to the shoulder – in that area, the shoulder wasn’t as wide as most shoulders are – but they got mostly off the interstate. The two men activated their hazard flashers and walked behind the truck and trailer to put out their safety triangles.

It happened to be in a construction zone, and “trucks” were directed to be in the left lane through the zone. A semi-truck was being operated in the right lane, and the driver wasn’t concentrating on driving. The driver veered off the road onto the shoulder and hit the men before hitting the hotshot trailer. One man’s legs were severed instantly, and the other man was thrown about 150 feet and broke many bones. Neither man will be able to work again in their previous capacity. The semi driver was also injured.

No one died, but still a horrendous accident and three lives were changed forever.
I was retained by the attorney suing the semi-truck company on behalf of the hotshot drivers, to explain to the judge and jury the rules and violations the tractor-trailer driver failed to obey.

The first surprise that no company owner or manager wants to get is the trove of documents I requested – the attorney I’m working with has sent a subpoena for the items:

The entire driver qualification file on driver, including HireRight report, CSA report, PSP screening, MVR, actual application (IntelliApp).
Driver’s long form DOT physical – I’ll pay specific attention to blood pressure, sleep apnea, sleep study documentation, CPAP usage percentage/compliance, vision, hearing, body weight, heart rate, and other physical attributes/conditions.
Driver’s license status and corrective lenses restriction. Was he wearing glasses at the time?
Pre-employment Road test with examiner’s notes.

Questions to be answered from examining the files:

What action did the company take against their driver?
Was it ruled a preventable vs non-preventable accident by the company?
Was the driver a recent trucking school graduate?
What was his training status?
How long had he been a solo driver for the company?
How long pulling that type of trailer (reefer)?
Total years as a CDL driver?
** And a big one, knowing how this company operates, as well as their customer base:
What was the status of the driver and the load…was he pushed by his dispatch? Was he running unusual times? Did he sit for a long time and then have to drive at night? (Typical practice, especially with major food producers, fatigues drivers badly)
Vehicle maintenance records on the semi-truck and trailer – reported mechanical issues versus items repaired, especially steering issues, tires, pulling to one side or another, as reported.
All communications from the company to the driver via PeopleNet or Qualcomm, text, phone calls, or written instructions for the month prior to the crash.
Dash cam for one week preceding the crash.
** Collision avoidance and lane control system reports on the truck for the week prior to the crash. Also, the safety department’s response and actions involving this information.
Company safety policies concerning breakdowns and emergency parking.
Company safety policies on following distance, lane control, and advance distance control.
Recording of safety presentation for driver orientation.

And the big one:

Truck driver’s cellphone records, including texts and calls at or near the time of the crash. This includes all social media account, including by not limited to Facebook, LinkedIn, Instagram, Twitter, and the phone’s internet search history. This history will be compared to the movement times of the truck, and it will easily be determined if the driver was chatting on Twitter, watching a funny video a buddy posted on Facebook, or searching for “naughty cheerleaders” on some porn site. It’s all now going to be brought into evidence and made a matter of public record.

Can you imagine being the company owner, safety director, VP for operations, and the controller and getting that subpoena? After a crash like this, you must know this is coming, but it may not fully hit you until you see it all in writing.

Can you imagine being this driver, and having their cellphone records pulled? What would your records show? Have you been surprised in traffic when handling your phone? Have you watched a quick video because it was less than a minute long – while driving?

The second surprise that no one wants is when you find out about the drivers of the hotshot truck. Some company owner was sitting at home, presumedly thinking that everyone was running their loads all clean and pretty – after all, the owner had hired the services of a compliance company, only to find out after the trucking company countersued your drivers, that:

Both drivers were operating on expired CDLs.
Both drivers had expired medical cards.
Both drivers had logged over 100 hours in 7 days, when the rule is 70 hours in 8 days.
Both drivers logged sleeper berth time, despite not having the truck converted for sleeper berth usage.
** And the big one:
Both drivers were under the influence of a controlled substance. By the way, the compliance company had never set up initial/pre-employment testing or a random drug testing consortium for the drivers to belong to and participate in. The “under the influence issue” was determined when both drivers were blood tested after the crash, since it was certainly a DOT-reportable event.

The last surprise I’ll discuss was mine. I charged head-first into this case, starting to make notes and construct my report. I found out about the multiple significant issues with the hotshot drivers over two months after being retained on the case, and only when I read the countersuit complaint. Think for a moment the position I’ve now been put in, given this additional information – that I wasn’t given,of course, in the pre-retainer interview.

Now – you can prevent being surprised like the people in the first two scenarios by operating cleanly, never assuming things are managed, and only putting people on the road when you’re 100% sure that they’re compliant with all FMCSA/DOT requirements.

I can make sure I’m never surprised again like this by changing my initial expert witness agreement and ensuring penalties are in place in case I’m ever “sandbagged” again. Live and learn, right?

COVID Restrictions Lifted, In-Person Classes Resume

Darian Weaver

During the pandemic, towers across the country faced big hits in their bottom line as the number of people driving on the road were at an all-time low. Even for those on the road, police were not stopping for vehicle violations since the registry of motor vehicles was shut down due to COVID-19. As the country begins to open, it is imperative that you know how to bill properly for your services to recuperate the income that was lost and continue to make strides to increase your bottom line…and we can help!

At Recovery Billing Unlimited, we have helped thousands of towing and recovery companies across the country increase their bottom lines. We don’t teach you how to tow or recover vehicles, you already know how to do that. We teach you how to properly invoice and how to navigate other avenues to get paid when you hear the famous “Sorry, that’s not covered.”

How do we do it?

We provide in-person classes out of our training facility in Massachusetts and on the road at the Baltimore and Las Vegas Tow shows. You can find our most recent seminar schedule at recoverybillingunlimited.com/register

What do we teach?

Proper way of writing invoices: Are you still writing your RECOVERY invoice on a TOW slip. That’s a thing of the past.
Keeping the paper trail: Learning how to properly document the scene from start to finish so you will have all the info you need back at the office.
Communicating with insurance/private companies: We show you how to work WITH them, not against them. Obtaining payment for proper billing: There are many steps that go into collecting payment for your hard work. We teach you how to go about the process from start to finish.

Don’t take our word for it, take theirs!

“For anyone who is “on the fence” about going to a RBU class, let me say that it is a “Game Changer”. We have implemented the changes, mind set and procedures over the last 10 plus years and it has advanced the entire way we do business. You can’t change the circumstances that get thrown at you in this industry, but you can alter the way you deal with them…and this team gives you the knowledge & tools to deal with them in the most profitable way. Add that with the support & comradery that follows you through any difficult times and you end up with a real business plan to carry your company into the next generations. The “cost” of the class becomes irrelevant…The value is tremendous.” -Ed’s Auto Service & Towing

“I flew about 3,000 miles to go to this class. I really have to say I learned more in this 1 day than ALL of the other classes combined” -Morris & Sons Towing
“This is more than just billing info; this is a business building seminar, and I can’t believe how much I have been missing…don’t keep leaving money on the table. These guys really have an agenda, which will only strengthen the industry. My biggest mistake was not taking the course sooner.” -Roadside Rescue & Transport

“Very Informative. Definitely gives you new ways to get paid.” -Bruneau’s Garage

Attn Service Providers

Darian Weaver

Eemerg is building a nationwide network of qualified service providers to help with towing, jump starts, flat tire changes, emergency fuel delivery, and locksmith services, and we need your help. With your help we can provide consumers the best pricing available in the area. Eemerg roadside assistance marketplace is here to help you reach thousands of people needing roadside assistance now. Come be a part of our team!

We have an open network of providers, assign and manage your full fleet through our provider portal. Reclaim your time! Set, your own hours, without penalty. With our flexible schedule you have the opportunity take jobs when you want to.
Receive payments by direct deposit every week. Join our network for free and start making some extra cash.

Service Provider Perks

We want to become the industry standard for roadside assistance. Offering the best service for our customers as well as an open platform for the service providers that choose to be a part of Eemerg.

“I love the quick payouts. I get to make all my own choices with no penalties”. — C. Sellers, CMC Towing

No Paperwork.
No Hassle.
Real-Time Dispatch.

HONEST MARKET

As a provider you have a fair opportunity to win every job. Ultimately the customer chooses their provider.

TECHNOLOGY DRIVEN

Our innovative marketplace allows provider the opportunity to be compete for EVERY job. Our technology driven software matches local companies to stranded motorist offering a faster simpler solution.

PROVIDER DRIVEN MARKET

Our marketplace is provider driven. We created Eemerg to build a local economic funnel, create jobs and better wages for providers across the US.

WTRAA Scholarship Fund 2021 Recipients Announced

Darian Weaver

The Women of the Towing & Recovery Association of America (WTRAA) is an auxiliary organization for the Towing & Recovery Association of American (TRAA).
Since 1990, under the TRAA Education Foundation, the WTRAA Scholarship Fund Committee has awarded scholarships to the child or grandchild of a TRAA regular member to help them complete their education. Scholarships are awarded to students each year based on merit, financial need, and the candidate’s overall character, community involvement, family service, etc.

The 2021 Scholarship Recipients Are:

Connor Schmit – Awarded $2,000.00 – Connor will be a freshman at Saint John’s University in Collegeville, MN. Connor is majoring in Global Business Management with a minor in Philosophy.
Morgan Hobson – Awarded $2,500.00 – Morgan will be a sophomore at Gettysburg College in Gettysburg, PA. Morgan will be working towards a major in Business Organizational Management with a double minor in mathematics and economics.
Julia Tantare – Awarded $7,000.00 – Julia will be a senior at Seattle University, Seattle, WA. After finishing with her undergraduate degrees in Criminology and Criminal Justice Theory with a minor in Psychology, Julia plans to attend law school to become a criminal defense attorney.

For individuals interested in applying for 2022, look for the WTRAA Scholarship Application to run in the Spring edition of the TRAA – Towing & Recovery Association of America’s National Towing E-News and on the TRAA website, traaonline.com.

Cummins Inc. Enters Licensing Agreement with DAS Companies, Inc. to Sell Cummins-Branded Products

Darian Weaver

Cummins Inc. (NYSE: CMI) and DAS Companies, Inc. have entered into a licensing agreement to sell Cummins branded DAS products in retail marketplaces throughout the United States and Canada. The companies are combining the Cummins promise of innovation and dependability and DAS’ extensive portfolio of more than 12,000 products serving the on-the-go lifestyle to reach a broad retail audience. The companies expect to begin selling the Cummins-branded products in the first quarter of 2022.

This long-term agreement will cover many DAS products, including apparel, power equipment (inverters and jump starts), communications gear, safety apparel, tools, and travel accessories. According to Michael Abel, President and CEO of DAS, this will provide both companies, who have a shared focus when it comes to quality and brand building, the opportunity to leverage the wide assortment of licenses to reach broader audiences together.

“This is an outstanding opportunity for DAS,” stated Abel, “especially with a trusted global brand such as Cummins. This agreement will enable even more on-the-go consumers to try our travel products and mobile electronics – products that add safety, convenience, comfort, and leisure to life on the road.”

This agreement covers both exclusive and non-exclusive categories. The DAS products in the exclusive category gives DAS exclusive rights to display the Cummins name on Cummins branded products.

“We’re thrilled about our partnership with DAS and the opportunities it provides us to expand the brand and build brand loyalty to a larger public audience,” said Carole Casto, Vice President of Marketing and Communications. “DAS’ unique distribution channels enable us to more easily provide customers, fans and enthusiasts across North America with access to Cummins-branded products.”

DAS Companies, Inc. Corporate Office • 724 Lawn Road • Palmyra, PA 17078 • 717-964-3642 • Toll Free 800-233-7009 • Fax 717-964-2207 • www.dasinc.com

2 Sales channels will include eCommerce sites in the U.S. and Canada, many of which are affiliated with truck stops/travel centers and gas stations. Additional sales channels will include home centers, automotive retailers, U.S. Military exchanges, marine suppliers and distributors, marinas, and other major retailers

Jerr-Dan Financial Solutions

Darian Weaver

Jerr-Dan was born and raised on the road, and we know the unique challenges tow truck drivers face every day. We’ve partnered with Ascentium Capital to enhance the offerings of Jerr-Dan Financial Solutions (JDFS).

We’ve Made Our Process Quick and Hassle Free.

Apply online and receive a credit decision within 24-hours. Once your application is approved, we work with you directly to customize a financing solution that meets the specific needs of your business.

It’s Easy and It’s for Everyone.

Whether you own one truck or a full fleet, count on JDFS for the same innovative approach and customer service you’ve come to expect from Jerr-Dan. And as your business grows, we’ll be there, helping you navigate every bend in the road.

Why We’re Different.

The Jerr-Dan team at Ascentium is comprised of tow truck operators, salesman and finance professionals who know the towing and recovery industry inside and out. With more than 60 years collective experience, they not only know the language of the towing industry, but they know the equipment and accessories you need.
The JDFS team will put together the lease or loan package that’s right for your business, without the hassle of dealing with a bank who sees only numbers and doesn’t fully understand the value of the asset or its importance to the success of your business.

A wide credit box allows JDFS to find solutions to even the toughest finance scenarios. We are committed to each-and-every customer who walks in the door. We combine competitive rates with quality customer service to provide a financing experience you’ll want to use again and again.
Count on JDFS to design an innovative financial program that works for you in every business situation and every economy.

What We Offer.

JDFS prides itself on the simplicity of its process and dedication to finding solutions for both new and established buyers to deliver a best-in-class customer experience and value that extends beyond the asset itself. Benefits of our program include:

√ Free Customer Consultation to Identify Equipment and Finance Needs
√ Online Credit Application Process
√ 24-Hour Turnaround on Credit Submissions
√ Up to 100% Financing for Qualified Buyers
√ Up to 84 Month Financing for Qualified Buyers
√ Competitive Rates
√ Flexible Lending Options
√ Assistance with Asset Disposal

Learn more at jerrdan.com/financing or call us at 866. 923.JDFS (5337).

About Jerr-Dan

JerrDan, LLC, an Oshkosh Corporation [NYSE: OSK] company, is a leading manufacturer of towing and recovery equipment. Its full line includes light-, medium- and heavy-duty carriers and wreckers, industrial transporters and four-car carriers. The company is headquartered in Hagerstown, MD., and its products are backed by industry leading warranties and a strong service network dedicated to the towing professional.

To learn more about Jerr-Dan, visit www.jerrdan.com.

About Oshkosh Corporation

At Oshkosh (NYSE: OSK), we make innovative, mission-critical equipment to help everyday heroes advance communities around the world. Headquartered in Wisconsin, Oshkosh Corporation employs more than 14,000 team members worldwide, all united behind a common cause: to make a difference in people’s lives. Oshkosh products can be found in more than 150 countries under the brands of JLG , Pierce , Oshkosh Defense, McNeilus , IMT , Jerr-Dan , Frontline™, Oshkosh Airport Products, London™ and Pratt Miller.

For more information, visit www.oshkoshcorp.com.

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