Tow truck drivers and who licenses them in Texas
Are tow truck drivers required to be licensed in the State of Texas?
Or is it based on the laws of the city/county?
(I recently had a run in w/ one in my rural area and he told my son in a phone call that he was a "detective and he was going to have me arrested for a felony count of obstructing justice." Of course the idiot was too stupid to realize that a cell phone shows the incoming phone numbers and the "detective's" number was the same as the tow truck yard.)
Or is it based on the laws of the city/county?
(I recently had a run in w/ one in my rural area and he told my son in a phone call that he was a "detective and he was going to have me arrested for a felony count of obstructing justice." Of course the idiot was too stupid to realize that a cell phone shows the incoming phone numbers and the "detective's" number was the same as the tow truck yard.)
As an insurance ajduster, I know way to much about the towing and storage industry.
Yes they must be licensed in Texas and are required by law to produce said license at any time they are asked for it WHEN THEY ARE TOWING.
If what you have going on is a big deal, PM me the info. I have a contact at DPS that handles tow and storage issues and if it is big enough we can get his licensed pulled.
Yes they must be licensed in Texas and are required by law to produce said license at any time they are asked for it WHEN THEY ARE TOWING.
If what you have going on is a big deal, PM me the info. I have a contact at DPS that handles tow and storage issues and if it is big enough we can get his licensed pulled.
Sean 422/383/244
OH Certified Support Group Leader
Pasadena Support Group 2nd Monday at 6:30pm
Katy Krew Support Group 4th Monday at 6:30pm
'This is my glock, There are many like it, but this one is MINE.' R Lee Ermey
OH Certified Support Group Leader
Pasadena Support Group 2nd Monday at 6:30pm
Katy Krew Support Group 4th Monday at 6:30pm
'This is my glock, There are many like it, but this one is MINE.' R Lee Ermey
More info needed ..
Yes, tow truck operators have to be licensed in Texas .. I can check the registry for you, if you have a driver's name. The license is the way the State of Texas keeps them in line (ostensibly), that being a "stick" over their heads, since many of them are borderline hoodlums (and no, a criminal record is, AFAIK, not a bar to obtaining a tow operator's license).
If the operator made those statements in the course of a repossession, he and the co. he works for (and possibly even the original creditor) could be in trouble. Self-help repossession can only occur under cir****tances under which a breach of the peace is not likely to occur. Therefore, no going onto private property, threatening people, etc. in the course of doing so.
If a person protests the repossession while in progress, the operator must cease any further attempt to tow away the vehicle immediately (although they may sneak back later and try to do it again when on one is around! 
).
It is also a violation of the Texas Penal Code to falsely claim to another to be a peace officer, and crirminal charges could be brought, if the D.A. is willing to prosecute the person.
Another note: if your vehicle is towed away and the towing company/operator did not have "probable cause" to do so (i.e. lawful authority), then Texas has a quick, summary procedure you can use to get your vehicle back in a hurry, if you can't afford to "bail" it out. A tow-off petition is filed in the JP court where the tow-off co. is located or the tow-off occured. The clerk will serve the towing co. (and property owner where the tow-off occured) with notice to appear in 3 days in court at a hearing. If the judge finds no probable cause for the tow, the vehicle must be released immediately to the owner at no charge.
If he/she does find p.c., then the towing co. is enttiled to their atty's fees, if any, in attending the hearing and the owner still will need to pay to get the vehicle out.
Yes, tow truck operators have to be licensed in Texas .. I can check the registry for you, if you have a driver's name. The license is the way the State of Texas keeps them in line (ostensibly), that being a "stick" over their heads, since many of them are borderline hoodlums (and no, a criminal record is, AFAIK, not a bar to obtaining a tow operator's license).
If the operator made those statements in the course of a repossession, he and the co. he works for (and possibly even the original creditor) could be in trouble. Self-help repossession can only occur under cir****tances under which a breach of the peace is not likely to occur. Therefore, no going onto private property, threatening people, etc. in the course of doing so.
If a person protests the repossession while in progress, the operator must cease any further attempt to tow away the vehicle immediately (although they may sneak back later and try to do it again when on one is around! ). It is also a violation of the Texas Penal Code to falsely claim to another to be a peace officer, and crirminal charges could be brought, if the D.A. is willing to prosecute the person.
Another note: if your vehicle is towed away and the towing company/operator did not have "probable cause" to do so (i.e. lawful authority), then Texas has a quick, summary procedure you can use to get your vehicle back in a hurry, if you can't afford to "bail" it out. A tow-off petition is filed in the JP court where the tow-off co. is located or the tow-off occured. The clerk will serve the towing co. (and property owner where the tow-off occured) with notice to appear in 3 days in court at a hearing. If the judge finds no probable cause for the tow, the vehicle must be released immediately to the owner at no charge.
If he/she does find p.c., then the towing co. is enttiled to their atty's fees, if any, in attending the hearing and the owner still will need to pay to get the vehicle out.Frank talk about the DS / "All I ever wanted to be was thin, like that Rolling Stones dude ... "
HW/461 LW/251 GW/189 CW/274 (yep, a DS semi-failure - it happens :-( )
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