OWOA NEWSLETTER
AUGUST 2001
NON MEMBER NEWSLETTER
Dear Fellow Wrecker Owners:
We held our meeting in Muskogee, Oklahoma at the Western Sizzlin. Brenda Hediger from B J's Wrecker in Webber's Falls hosted the meeting. There were 36 attendees. We had 2 door prizes. Rush Truck Center Body Shop in OKC donated a Peterbilt 385 die cast miniature wrecker. The winner of that door prize was Brenda Hediger. It was an honest draw, I promise. I have witnesses. Besides, I wanted that die cast to add to my collection. I want to thank Calvin Bennett at the Rush Truck Center Body Shop for his generous donation.
We also found a new home for a set of Tow Lights donated by Jerry Mativi and Tana Berglan of Oklahoma Wrecker Sales in OKC. The winner was Bud Morgan of Morgan and Sons in Muskogee. I also want to thank Oklahoma Wrecker Sales for their continued support and generosity. This may arrive late but Oklahoma Wrecker Sales is having a cookout on every Friday in July in OKC around the lunch hour. They invited everyone to attend for a free hamburger.
At the meeting we covered how an idea becomes a bill in the legislature and how the bill can become law. It was pointed out how important it is to have as many members as possible when speaking to members of the legislature to let them know that the things we are asking for are wanted and needed by the majority of the wrecker owners. That's why it's so important to make sure we have a good rapport with our legislators.
Last session our lobbyists were able to stop a bill and an amendment that would have caused wrecker owners great harm. We were forced to stop the same language TWICE in one session. A wrecker owner performing a PPI tow would be required to obtain the owners and lien holder's name of the towed vehicle on the first day of towing. That would be impossible for some tows and would cost the wrecker owner all of the storage on the vehicle if it weren't done properly. The bill and the amendment would also reduce the time allowed to mail the letter from 7 days to 3 days. That part of the bill might have been acceptable, but there is no way to comply all of the time with the 1-day requirement.
Since this came up TWICE in the last session, what do you suppose the odds are that it will again be introduced this coming year? Don't forget, it doesn't need it's own bill, it can be a part of another bill and added as an amendment which almost hides it from a casual search on the Internet. That is how important it is to have lobbyists at the Capitol all the time. This is why we must support out lobbyists.
I would also like to point out that many members are adding wreckers to their fleet. I don't mean just the big wrecker services. There are many wrecker services that had one or two wreckers that are now three and four wreckers and so on. I know this since they are members and the dues they pay indicates the number of wreckers they have. Does that make you wonder what the members know that the non-members don't? Have you considered adding a wrecker? Are the dues just too high to become a member? Do you wonder how the members are able to afford the dues and the new equipment? Do think it might help to become a part of the force that makes changes to your business and future?
ILLEGAL WRECKER USEAGE
I received a call from a member in Ringling, Oklahoma. It seems that the Police Department in Ringling sent a newly hired officer to CLEET in OKC. The reserve police vehicle he used to go to CLEET broke down in OKC. It seems the Mayor of Ringling decided to send a wrecker to bring the vehicle back. He not only sent the wrecker, but he rode to OKC in the wrecker. The vehicle used on the evening of July 12th was a one-ton pickup with a hide-away stinger (like a repo truck). It had no DPS number on the vehicle or a DPS Decal on the windshield. It didn't have any signs or decals indicating it wasn't for hire as required by State Law. Again, the Mayor of Ringling was riding in the illegal wrecker. Perhaps they know each other, maybe even related.
The City of Ringling had been previously notified that that same wrecker is illegal and is not qualified to be on a rotation log. A regulation book was provided to the Ringling Police Department. Information from Gene Fitzpatrick was faxed to the member and he in turned provided the information to make sure they knew this was an illegal wrecker and provided the requirements that the wrecker needed to comply with to be legal. The illegal wrecker reportedly still tows for the Ringling Police Department on other tows, which may include non-consent tows.
While the City of Ringling is able to contract with anyone they wish to tow their own equipment, I would think it should be legal wrecker at a minimum. I'm pretty sure a "tow for hire" is illegal in Oklahoma with an unlicensed wrecker. I'm pretty sure the wrecker driver/owner got something for going 100 miles and towing city equipment. Even if it was a discounted rate, that's still an illegal "tow for hire by an unlicensed wrecker". I would bet a lot of money that the wrecker owner's name isn't on the title of the towed police vehicle. I'm pretty sure the City of Ringling will be the only listed owner on the title. I don't think a sale of City equipment could be arranged in a couple of days.
If I was closer to the town of Ringling and I was really curious, I would try to find out if a warrant or a purchase order was issued to pay for the towing or if the police vehicle had been sold to the illegal wrecker owner (he has a right to tow his own vehicle). If there is proof that the tow fees were paid then I guess that's proof of an illegal tow. It might require a threat of a Freedom of Information Act Request lawsuit to get the information, but any municipality must have public records of fees that are paid from public funds. While it might be difficult, it is very possible to prove tow fees were paid. I wonder then what the DPS could about this. If they can't do anything, then it's time for us to change the law so they can. We must put an end to illegal wreckers.
In the past it seemed that only licensed wreckers were regulated. Gene Fitzpatrick is making headway in finding ways to stop illegal wreckers. I hope we can find better ways to help him in this process. Since the safety sticker process has been eliminated, maybe the DPS can use the manpower and resources that were dedicated to this task to helping solve this problem. I hope we can work with the DPS to make changes that will allow an end to illegal wreckers. If you agree please let me know.
REVOCATION HEARING FOR OVERCHARGING
I mentioned from our last meeting in Tulsa that Gene Fitzpatrick was looking into violations of over charging on non-consent tows. I warned everyone in the newsletter that we should be mindful of charging fees in accordance with State Law and if an extra service is provided, the fees need to be reasonable and the service necessary or owner requested (you may need to document owner requested). You are Americans and are entitled to make a profit. Profit is NOT a dirty word. It is the very basis of the American Way of Life and our Free Enterprise system. We are not communists and while American has some Socialistic tendencies, we are still the "land of the free and the home of the brave". Unfortunately in the wrecker industry there are no set guidelines as to what is normal profit and what is overcharging.
I received word that there is one wrecker owner facing a revocation hearing due to overcharging over the past year. Some invoice copies were obtained and the DPS has started a revocation hearing to resolve the matter. The DPS is requesting a complete license revocation and not just a removal from the rotation log. I assume there was at least one warning issued by the DPS before this was started. If you are called and notified that you are in violation of State Law, you may want to take the warning or inquiry seriously and not continue to perform the tasks or charging schedule that has brought attention to you. We have no arbitration procedure in Oklahoma Law. If you are a nonmember and don't understand the DPS Regulation Manual you may need to contact the DPS for clarification or your legal advisor.
TEXAS TOW SHOW
The Texas Towing and Storage Association will have their Texas Tow Show on September 20th thru the 23rd in Arlington Texas. You can visit www.towshow.com for more information. On September 20th there will be a golf tournament for the golfers. Friday night is casino night, which I hear is a lot of fun. Saturday there is a Towers Parade and a Wrecker Beauty Contest. If you want to enter your wrecker and don't have Internet access, call or fax me and I will get you an application. The Texas Tow Show is always a great place to look at new equipment and education ideas. Wrecker Master and TRAA will be setting up certification tests and there are schools and classes galore.
OWOA LOGO USE
It has come to the attention of a few members that non-members are using the OWOA Logo. This is not allowed and must be stopped immediately. If you are not an OWOA member in good standing, you must remove the OWOA Logo from any and all invoices, paperwork and equipment. You may not represent yourself as a member of the OWOA. The OWOA Decals must be displayed by current members only. This is an indication to the public that a wrecker owner cares about his industry and is willing to join an organization that improves the industry and service to the public. We are gaining support and making great strides to a better image to the public. But we still have a long way to go. We could use your help to reach our common goals.
FRIENDS OF TOWING SELECTS OKLAHOMAN FOR HALL OF FAME
The Friends of Towing and the International Towing and Recovery Hall of
Fame and Museum have selected Dewey Farrington for induction to the Hall of Fame Class of 2001.
The event will take place in Chattanooga, Tennessee on August 17th
at 6:00 PM. This is a very great
honor and very few individuals are selected for induction. I want to congratulate Dewey Farrington for this great honor.
He has worked hard for this industry and is known in towing and recovery
circles all across this country. Dewey
is a great supporter of education in the towing and recovery industry and
has given many hours to help train other wrecker owners and competitors.
His unselfish devotion to the industry should be rewarded and I applaud
his nomination. Congratulations DEWEY!
We will be in Tulsa at SUTPHEN'S BAR-B-QUE. We have met there several times. They are located at 10815 E Marshall. That's in Northeast Tulsa Area. On I-44 take exit 14 and go north on N. Garnett Rd to Marshall St. and make a Left turn on Marshall and go to the end of the Industrial Park. As always, our meeting will be on the second Tuesday of August. That will make it August 14th. Our meal will start at 7:00 PM and the meeting will start at 8:00 PM. I don't have a subject for this meeting since I was forced to prepare it much earlier this month. I bet we will have some more door prizes. Come to the meeting and let your ideas be heard for what area we should address in the next legislative session. This is the meeting that I officially announce the upcoming election in September (Sept 11th). I will be selecting the Election Committee as per out Bylaws. If you have any nominations, please don't hesitate to let your feelings be known. This is an association of wrecker owners, ran by wrecker owners.
NEXT MEETING
Tuesday - August 14th, 2001
Meal at
7:00 PM - Meeting starts at 8:00 PM
Sutphens
Bar-B-Que 10815 E Marshall
Tulsa, Oklahoma
PLE ASE CHECK THE DATE ON YOUR MAIL LABEL FOR MEMBERSHIP EXPIRATION.