2007 California Vehicle Code Article 3.5. Emergency Roadside Assistance

CA Codes (veh:2435-2436.7)

VEHICLE CODE

SECTION 2435-2436.7




2435.  (a) The Legislature finds and declares that the emergency
roadside assistance provided by highway service organizations is a
valuable service that benefits millions of California motorists.  The
Legislature further finds and declares that emergency roadside
assistance is provided statewide, in cooperation with, and shares
resources with, public safety agencies.  The Legislature also finds
that the Department of the California Highway Patrol, in cooperation
with the Department of Transportation, is responsible for the rapid
removal of impediments to traffic on highways within the state and
that the Department of the California Highway Patrol may enter into
agreements with employers for freeway service patrol operations under
an agreement or contract with a regional or local entity.  The
Legislature declares that it is important to the public safety that
drivers who provide emergency roadside service not have criminal
records that include violent crimes against persons.
   (b) The Legislature also declares that the Department of the
California Highway Patrol, in cooperation with the Department of
Transportation, shall be responsible for establishing the minimum
training standards for highway service organization employees and
employers who participate in freeway service patrol operations
pursuant to an agreement or contract with a regional or local entity.




2436.  For the purposes of this article, each of the following terms
has the meaning given in this section:
   (a) "Emergency road service" is the adjustment, repair, or
replacement by a highway service organization of the equipment,
tires, or mechanical parts of a motor vehicle so as to permit it to
be operated under its own power.  "Towing service" is the drafting or
moving by a highway service organization of a motor vehicle from one
place to another under power other than its own.
   (b) "Emergency roadside assistance" means towing service or
emergency road service.
   (c) "Employer" has the same meaning as defined in Section 2430.1.

   (d) "Freeway service patrol" has the same meaning as defined in
Section 2561 of the Streets and Highways Code.
   (e) "Highway service organization" means a motor club, as defined
by Section 12142 of the Insurance Code and, in addition, includes any
person or organization that operates or directs the operation of
highway service vehicles to provide emergency roadside assistance to
motorists, or any person or organization that is reimbursed or
reimburses others for the cost of providing emergency roadside
assistance, and any employer and includes any person or organization
that directly or indirectly, with or without compensation, provides
emergency roadside assistance.
   (f) "Regional or local entity" has the same meaning as defined in
Section 2430.1.
   (g) "Tow truck driver" has the same meaning as defined in Section
2430.1.


2436.3.  (a) On and after July 1, 1992, every employer shall obtain
from the department a carrier identification number.  Application for
a carrier identification number shall be on forms furnished by the
department.  The number shall be displayed on both sides of each tow
truck utilized in any freeway service patrol operation, in accordance
with Section 27907.
   (b) No employer shall operate a tow truck in any freeway service
patrol operation if the carrier identification number issued pursuant
to subdivision (a) has been suspended by the commissioner pursuant
to Section 2432.1.
   (c) The carrier identification number shall be removed before
sale, transfer, or other disposal of the vehicle, or upon termination
of an agreement or contract for freeway service patrol operations.
   (d) A violation of this section is a misdemeanor.



2436.5.  (a) The department, in cooperation with the Department of
Transportation, shall provide training, pursuant to a reimbursable
agreement or contract with a regional or local entity, for all
employers and tow truck drivers who are involved in freeway service
patrol operations pursuant to an agreement or contract with the
regional or local entity.  Dispatchers for freeway service patrol
operations shall be employees of the department or the Department of
Transportation.
   (b) The training shall include, but not be limited to, all of the
following:
   (1) Tow truck driver and motorist safety.
   (2) Patrol responsibility.
   (3) Vehicle operation.
   (4) Traffic control and scene management.
   (5) Communication procedures.
   (6) Demeanor and courtesy.


2436.7.  (a) Every tow truck driver and employer, involved in a
freeway service patrol operation under an agreement or contract with
a regional or local entity, shall attend the training specified in
subdivision (b) of Section 2436.5.
   (b) Upon successful completion of the training, each trainee shall
be issued a certificate of completion.  The certificate shall state
the name of the training organization, the name and signature of the
trainer, the name of the trainee, and the date of completion of the
training.
   (c) The trainee shall provide a copy of the certificate of
training to the employer.  The employer shall maintain this
information in the tow truck driver files established pursuant to
subdivision (c) of Section 2430.5.
   (d) Every employer shall make the file available for inspection by
the department at the employer's primary place of business in this
state.

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