Question about the Carvana trucks.

[Tow411]

Topic Originally Created by Brian Riker in December of 2006:

 

I am not a Texas expert by any means, but maybe since they are only transporting vehicles on behalf of their own dealership group they are not subject to Texas tow truck rules. I know here in New York and New Jersey they have tow truck rules that do not apply to my 2 and 4 car carriers because I do not do any non-consent towing only transport work (I am in the car haul industry). I use tow truck type equipment since I get a mix of running/driving cars as well as non-running cars, but NY and NJ look at them just like the Feds do, they are only freight unless and until I try to tow one off the side of the highway. Once I do that I need the NJ tow truck insurance decal and NY DMV numbers. Funny thing, in my home state of Pennsylvania I need to register my tow trucks with the Public Utility Commission because I don't "tow" with them but rather only transport.

Do the car haulers that use tractor trailers to transport used and new units to/from dealers need TDLR numbers in Texas? I would think unless Caravana is also towing cars back to their service department for repair they would be covered under the same rules as the companies that haul new cars into dealers and wholesale cars to/from auctions.

 

Tomtexan said:

t has always been my understanding that any and all tow trucks must have a permit to operate on the roads of this state.

 

https://www.tdlr.texas.gov/towing/towinglaw.htm#2308101

 

Someotherplace said:

Now try getting TDLR interested. They already won't go after pirate operations because they have no teeth to enforce with. If you're already not trying to play by the rules, then they can't deny you TDLR registration for your business, trucks, or operators.

Almost makes you wonder why anybody else pays... (heavy sarcasm)
Richard

 

goodmichael said:

And I am still waiting!

 

For someone to tell me a benefit of TDLR being involved in this industry in this state.
(I should stop as I am about to update my stature to IM.)

 

saw one of their trucks today in San Antonio delivering a car. Yes they should be TDLR compliant. But........., TDLR, the People's Republic of Austin tick, is too busy sucking the blood, and marrow out of the souls of those working class dogs who work for a living.

It was a pretty cool looking truck.

 

I am not waiting any longer, because I have known the answer all along.

 

tomtexan said:

I can assure you there has been no benefit for me. I could certainly live without them. They have done nothing but cost me more money than ever just with the ridiculous yearly licensing fees and the totally unnecessary drug tests.

 

goodmichael said:

TDLR does nothing to enhance public safety or to make anything safer for the industry. In fact, they assist in giving those in this industry who want to be mean spirited and spiteful a venue to turn on others in the industry. There sole purpose is to inflict another needless tax on the law abiding, overtaxed, overburdened souls that already support parasitic politicians as well as the deadbeat population as well. For those who have drunk the Kool Aid, who believe that they accomplish anything productive, all I can say is you let the government screw you again.

I want the government to fill pot holes, pick up trash, and keep the roads clean. I do not have any desire for the government to protect me. I am perfectly willing, capable and able to complete that mission on my own.

 

https://www.tdlr.texas.gov/towing/towinglaw.htm#2308101

 

dwh824 said:

This subject came up the other day in the office about picking cars up in our VSF because one driver didn't have a TDLR card or TDLR # on the truck. I was advised that it was in fact a prearanged transport and didn't qualify as a tow truck (were talking about a rollback with a winch and wheel lift and amber over heads which were on when he left).
I was trying to find the rules but haven't as yet, but I did find this...

 

https://www.legis.state.tx.us/tlodocs/84R/analysis/pdf/SB01820I.pdf

 

I figure it is somehow related.

And yes, I agree, TDLR is a waste of money. Every time I have to renew my license, and the lack of support from TDLR on various situations we have come across. But if you slip up, they are all over you.

 

dwh824 said:

Maybe this is it....

202.001, Property Code, to use a parking space.
(14)AA"Peace officer" means an individual described in
Article 2.12, Code of Criminal Procedure.
(15)AA[(8-a)]AA"Private property tow" means any tow of
a vehicle authorized by a parking facility owner without the
consent of the owner or operator of the vehicle.
(9)AA"Property owners ’ association" has the meaning
assigned by Section 202.001, Property Code.
(16)A[(10)]AA"Public roadway" means a public street,
alley, road, right-of-way, or other public way, including paved and
unpaved portions of the right-of-way.
(17)A[(11)]AA"Tow truck" means a motor vehicle,
including a wrecker, equipped with a mechanical device used to tow,
winch, or otherwise move another motor vehicle. The term does not
include:
(A)AAa motor vehicle owned and operated by a
governmental entity, including a public school district;
(B)AAa motor vehicle towing:
(i)AAa race car;
(ii)AAa motor vehicle for exhibition; or
(iii)AAan antique motor vehicle;
(C)AAa recreational vehicle towing another
vehicle;
(D)AAa motor vehicle used in combination with a
tow bar, tow dolly, or other mechanical device if the vehicle is not
operated in the furtherance of a commercial enterprise;
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H.B.ANo.A3265
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(E)AAa motor vehicle that is controlled or
operated by a farmer or rancher and used for towing a farm vehicle;
or
(F)AAa motor vehicle that:
(i)AAis owned or operated by an entity the
primary business of which is the rental of motor vehicles; and
(ii)AAonly tows vehicles rented by the
entity.
(G)AAa motor vehicle that is owned or operated by a
person licensed under Chapter 2301 and transports vehicles during
the normal course of a transaction in which the entity is a party
and ownership or right of possession of the transported vehicle is
conveyed or transferred.
(H)AAa truck-tractor as defined in Section
621.001(8)(B), Transportation Code, and used solely to transport
motor vehicles as cargo in the course of a pre-arranged shipping
transaction, or for use in mining, drilling, or construction
operations. This exception does not apply to truck-tractors used
for the transportation of one or more motor vehicles under
circumstances that would otherwise constitute a nonconsent tow.

I guess IAA and Copart are gonna save lot's of money in permit fees, not to mention the drivers.

 

Someotherplace said:

What happened to the old TXDOT rule about no unlicensed tow trucks or operators inside a licensed storage facility? Surely TDLR did not do away with that.

Richard

 

tomtexan said:

It is still the rule, found here

Vehicle Storage Facility Administrative Rules

https://www.tdlr.texas.gov/towing/vsfrules.htm#t85709

 

Vinny 8660 said:

Copart is doing it right now with the blessing of TDLR. The trucks are registred in Illinois and have US DOT numbers on them. No TDLR cab card or numbers. 1 of the drivers I've seen had a TDLR license. 

 

tomtexan said:

The very few Copart pick ups I have, because I am in a very rural area, are contracted wrecker services that have all the cab cards, licenses and TDLR truck numbers. I haven't seen actual Copart trucks in a long time.

 

goodmichael said:

I just got my parasite renewal letter today. Thanks, whomever bestowed this yearly extra tax upon the backs and souls of those who work for a living. I hope you are very proud of yourself. Because I am REALLY angry at you whomever you are, be it individually or your whole little merry band.