New Topic of Discussion: Defining a Safety Perimeter

[TowZone]

Defining a Safety Perimeter is a good policy. I prefer the officer handle this aspect, although quite often we find that it becomes our responsibility.

 

In this topic of discussion: We are focusing on a person with the camera or likely camera phone. This is often the vehicles owner who is not cognitive of the possible dangers. How many times have we had someone with the vehicle (a driver, an owner, a friend, etc.) step into traffic for a picture?

 

What is your responsibilty regarding safety at the scene?

 

Would you knowingly allow someone to step into traffic? 

 

How about entering into or standing in a hazard position?

[rreschran]

Great topic Ron, but, I don't see it as being necessarily new. I believe what's being presented fall's under the heading of, "Special Relationships.". This is something towers don't have full understanding of. In California, there's a certain, "Standard of Care", to suggests tow operators are responsible for a motorist's welfare. But at what level? What about the customer who wanders away AFTER being told to be seated in their own car or inside the tow truck with their seatbelts on? What of you tell them to stand-away as you winch their car onto your carrier and they fall from the carrier's deck as they retrieve personal items AFTER being advised? What if they're struck AFTER they've been told to relocate to a safe location?

 

As you set to loading the vehicle, it's not possible to give one-hundred percent attention to watching dangerous approaching traffic, to control the customer's actions, AND, focus on the dangers of loading and white-line safety. How can you predetermine of know how the motorist or customer is going to react?  Just ask any human's factor's expert.  IT's NOT POSSIBLE ! ! !

 

This is one HOT topic in past California court cases having to do with tow operators and on-scene responsibilities. It comes down to this ... in most state's, tow operators have NO LEGAL AUTHORITY to give orders. In old days, people would heed safety dangers, but in today's world, common sense and lack for authority has gone the way of the dinosaur.

 

There's a really BIG difference between that of a confused person or an owner who's only concern is getting photos of their damaged vehicle. Does asking them to move out of harm's way make you a, "Good Samaritan?" In this liability rich environment ... good luck with getting that definition to work for you.

 

On the other hand, dealing with, "First Amendment Auditors", they're the coniving individuals (with cameras) who try to bait towers into some reaction that results in violence. In either case, a single, verbal warning doesn't necessarily provide an appropriate warning nor one a resistive auditor may comply. Because tow operators are in a limited position to control tow, load, or recovery progress, simply telling the officer on-scene that nothing progresses until the officer orders the individual to move out of harms way. So ... when someone refuses to do what you are suggesting, are you that tower who's, "quick to anger", OR, one to stand back and wait.

 

Keep in-mind that your work places' you smack dab into a world of clueless people who question authority and claim you're violating their right to free speech and free movement. While your best safety admonishment may be ignored, some member of the Tow Police or, "Industry Expert" will throw your actions under the bus. That suggests ... no matter what you do, you'll likely be blamed for your actions. Ron's comment about getting the cop to interact is solid advice. You can only do so much.

 

I'm including a link to a 2008 California case, Monarrez v Auto Club, regaring this topic suggesting you read it as an example of the complexed issues behind securing the motorist.  Link:  https://caselaw.findlaw.com/ca-court-of-appeal/1616140.html

[TowZone]

Thanks Randall, very good observations. As much as I make a head motion while making this statement. It appears that body cams are going to apear more and more in our industry. I thought I would really dislike wearing one when they issued them to us. I really don't give it much thought. It is a huge CYA in the instances where the use is deemed both apporpriate and useful. While I do not implement it on each and every call, there are several instances where other people are involved that I do activate the camera. This is evidence that I used proper safety and advised those persons where to stand for their safety. If they wonder out into traffic at that point then I did my best to advise them of the hazards.

 

This is also important for those on scene that are not related to the incident, including Live Streamers (Persons Documenting the Event). The Body Cam activated or not changes attitudes. Is it something I see companies implement, on a wide scale probably not. On a small scale or an individual level with Tow Operators purchasing their own then yes I do see this increasing. Like the number of in cab cameras are increasing, it's about documentation! 

[goodmichael]

I watch and study the behaviors of people constantly. People walk right into traffic and do not even look. They are oblivious to vehicle operators that may or may not see them. People need training on crossing the street.