Illegal Towing Practices

The following are some of the more common laws that some towing companies violate. We all know that sometimes it seems there are just to many laws, but also we are glad that most of these laws exist because they are protecting us from harm. Our intent here is to educate the general public about illegal practices by some towing companies that can be harmful to the public in general. This information is not to be taken as legal advise as laws change and vary by area. Our area of expertise is southern California. The level of harm to the public can range from wrongfully towed vehicles to uninsured tow drivers and even to crimes against customers physically. At the end of this article will be some tips that can be followed to reduce the risk of exposure to these illegal tow practices.

The most common complaint heard from the public in my experience is "my car was towed without proper cause", followed by "something was stolen from my car while it was being towed". Other issues that come up are disputes over damage to a towed vehicle, disputes about price fairness or changes in price after the vehicle was towed. Sometimes people will be approached by a tow driver and they think he is the driver that they called, when in fact he's not. Storage rates are another area of common dispute. Tow drivers are sometimes not properly licensed to drive the type of tow truck that they are driving. Lets explore these individual issues one at a time and see just what is going on out in the streets.

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Starting with the popular issue of vehicles being towed wrongfully we have to say there is some grey area. The laws in California allow for the impounding and removal of illegally parked vehicles on both private and public property. Most of the disputes will arise out of private property impounds such as apartment complex's, shopping centers, business centers and similar. When parking is difficult to find people get impatient and creative. By law signs are required to notify you of the possibility of impound and towing, but they aren't required over every space. The California laws are currently not interpreted the same by all. The area of dispute arises on parking lots for the general public.

Some areas are towing vehicles with out waiting the required 1 hour period in a public lot, while others you can get away with parking illegally for 1 hour. Not all areas have the same interpretation of what a public lot is. Many impounds in private lots such as a gated apartment complex come from people thinking they can just run in for a second while parked illegally. Beware, your car can be hooked up and leaving faster than most people can drink a soda. Towing and impound fees are steep, usually starting at around 0. if you follow your car and retrieve it right away. Most apartment complexes require people to list their car plate number on their lease and even a friend you allow to use your spot can be towed. Some companies are overly aggressive and do not follow the laws for impound towing and it can be next to impossible to prove that they violated the law.

The next issue we will discuss is theft of personal property while in the towed vehicle. Any time a vehicle that is unattended by the owner, and several other people have access to it, there stands to be possibility of property theft. The more valuable the items are and the smaller they are the more likely to be stolen. Items that would be common items to disappear might be cameras, cell phones, ipod's, lap top's, money, CD's, and stereo equipment. Not all tow companies have required background and drug testing to reduce the likelihood of theft. Not all tow companies are reputable companies.

Towed vehicle damage is another area consumers can be hurt. Damages to a vehicle can occur when equipment is not properly maintained. Companies that have little regard for the laws that regulate towing equipment will buy chains, cables, and hooks that are not rated as required by law because they are cheaper. Those same type of companies are apt to hire less experienced or poorly qualified drivers and may not have any training programs in place to educate drivers on safe practices.

While there is not much for options when you don't think the price is fair, know this, it is fraud to tell someone a cost for a service and then change the cost after the consumer is obligated, without proper grounds. Any quality company is going to want your repeat business and will rely on a good reputation and will not practice this type of deceit. Note that there are legitimate reasons for changing the price such as the client failed to inform the tow company of an important fact like the car has no tires. That being said here is the some what unique situation in the towing industry. If the client doesn't pay for the tow, the tow company can impound the car, and to get it back you would have to pay the original tow plus towing to their impound yard and storage fees. A non reputable tow company might practice quoting low pricing then try to add extras or even flat out dispute what was quoted, then threaten impounding if the client doesn't comply.

California laws prohibit tow companies from stopping at a stranded motorist situation for the purpose of soliciting business. It is a common practice though for some companies to stop and try to solicit, and even when the motorist advises that they have a truck on the way some will try to offer a better price to get the job. Some drivers have even just not told the motorist that they are not the company that the motorist called. California law provides for penalties against tow drivers who engage in this activity. This activity puts consumers at risk because they have no way to quickly ascertain weather this is a properly licensed, and insured company or not. It is also risky from the stand point of how many tow trucks would be stopping and then pulling back out into traffic if this practice was legal. There is also a level of safety provided to the public by not allowing just any guy in a tow truck to stop and try to sell you on his service. Imagine how intimidated your wife or daughter might be if some big dirty guy stopped and really wanted to get that tow.

Storage rates and payment options as well as hours of operation of storage facilities are mostly governed by law. Of course the laws are for consumer protection but still do allow for free enterprise and the making of a profit. Most people who have their vehicles impounded would say that the rates charged are excessive, and consumers frequently feel ripped off. There is a logic to that, and it generally goes something like this " If I called 3 or 4 companies and asked how much it would cost to tow my car 4 miles and store it 1 day, I could get a lot better price", however that will not help get money refunded. The only way to get money refunded is if you can prove that the towing company violated the towing laws. Companies that make a practice of abusing consumers in this way are usually good at knowing what is impossible or impractical for a consumer to prove.

Now lets look at the driver of the tow truck that will come to rescue you. In California the DMV requires a special drivers license for certain types of commercial drivers. Tow companies need some drivers with DMV commercial licenses and some drivers may not need special licenses. Furthermore some police agencies or motor clubs may have special requirements that private party towing doesn't. This creates a tempting situation to an unethical company when they are short on commercial licensed drivers or drivers with the special qualifications to do the job properly and legally, and may have a driver available who can drive the truck but is not properly licensed to do so. An unethical company will send the unqualified driver out just to get the job.

As of the writing of this article tow truck drivers in California do not need any special license or training as long as they do not tow more than one trailer and no more than 26,000 pounds total weight of all vehicles, that includes passengers and any thing else that may be in the vehicles. This means that almost every passenger car and family vehicle falls into this category. There is no legal requirement to background check or drug test tow drivers. This means companies are free to hire convicted felons, or who ever they want. Now for the good news, some police agencies and motor clubs do ask for drivers to meet some type of requirements for their tows, but enforcement is weak. Any quality tow company will drug test and background check their drivers as well as insure that the driver is well trained and properly licensed for the truck and tow job they are performing. A quality tow company will also have moral values and want their clients to be safe, thus they would not hire a person convicted of a major crime.

Now that you can see the many ways an unethical tow company can put you, your family, and the general public at risk of harm lets look at some things you can do to reduce the risk of harm.

1. Ask the phone receptionist a few questions. Do you background check all your employees and refuse to hire those convicted of major crimes? Do you do regular random drug testing on all employees? Do you require all drivers to be certified by some industry recognized training program such as CHP training or Wreckmaster before driving for you? Do you quote an accurate total price prior to doing the tow? Is your company a member of any trade associations? Does the receptionist answer your questions politely or seem aggravated by your questions. Obviously the aggravated one is the one to avoid.

2. Have you seen what this company's trucks or employees look like? The unethical and undesirable companies will usually neglect appearance of vehicles, equipment, and employees. Another thing to make note of if you have seen the employees in action is their language, attitudes, and professionalism. These are all hints as to what type of company you are dealing with so be observant.

3. Ask the driver upon arrival and before they hook up your car what the charges will be so there is no misunderstanding of the charges. Remember once they hook up your car and there is a dispute they can impound the car if you don't pay what they ask. Do not leave any valuables in the vehicle once you leave it.

4. When parking, always obey parking rules even on private property. When parked always hide and secure if possible any valuable personal property. Don't take chances and park illegally even for just a minute.

5. Never accept a tow from a driver that stops to solicit, it is an illegal practice and no quality company will be out there breaking the law on purpose. Note that it is legal for a driver to stop if he is waived down, so if you are in an unsafe or dangerous place you will need to signal a driver to allow him to legally stop.

Illegal Towing Practices

Written by David Lee Rupp, President of southern California based, 1800 Tow-Help Inc., serving Riverside and San Bernardino Counties.

http://1800towhelp.com/Towing-Company-Tow-Truck-Services-News-and-Articles.html

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Six Transformative New Best Practices For a Healthy, Vibrant Auto Industry

What a year 2009 was for the once dominant and powerful auto industry. Saturn and Pontiac are out. Fiat and Tesla are in. Two of the Big 3 'survived' bankruptcy - and the verdict is still out on their long term fiscal viability. Nearly 1800 dealerships have or will close by this time next year. Ten million new cars were sold in 2008 versus 16 million in 2007, and it looks like this year's results will be even worse. The economic and human trajectory of this demise, collapse and to a high degree, mismanagement, of the domestic leaders has yet to be truly calculated.

In the midst of such a shocking 12 months, what does the industry do to create a transformative working and healthy model? Is there enough 'forward thinking' in the minds of the multi-generational industry leaders and dealer owners that can shift this industry into the marketing giant it once was? Are there enough players to transcend the old ways of doing things with a new paradigm that mirror today's sophisticated and transparent buying options now available to 21st century consumers?

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To help get a jump start, here are six transformative new business practices that will shake up the old and offer the auto industry an opportunity to land squarely on all fours.

1. Lose the 'tude, Dude

Car buyers have very little interest in negotiating. In fact, most loathe it. Women, for example, often have powerful positions at her workplace. While an estimated 80% of women initiate and motivate the family car purchase, many of those women expect their significant other or, the nearest man, to go with them to the dealership to 'buy the car'.

Six Transformative New Best Practices For a Healthy, Vibrant Auto Industry

Anne Fleming, Car Buying Advocate & President of Women-Drivers.com, once struggled with negotiating at a car dealership. Now, Anne's goal is to empower women to take charge of their automotive experience and have it be rewarding each and every visit. Go to http://www.women-drivers.com where Anne shares her vast knowledge and her insights on negotiating and creating the best dealership experience possible.

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11 Enterprise Performance Management Best Practices - Planning Phase

This article continues where we left off discussing the eight performance management best practices in the defining phase of the Lifecycle Performance Management Model. The Lifecycle Performance Management Model is an enterprise framework that is centered on 35 best practices. These best practices span across the five phases of the performance life-cycle: defining, planning, executing, monitoring and reporting. This article is the second of a series of five discussing the performance management best practices within Lifecycle Performance Management, and will focus on the planning phase.

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The focus of the planning phase is to start the buzz and get your organization prepared for the cultural changes that will take place during your successful performance initiative. Best practices in the planning phase enable you to gain employee acceptance into the performance initiative and put employees into a high performance mindset. They also include base-lining current performance and setting future goals, breaking down functional barriers, identifying key processes that drive business success, and ensuring a successful performance management implementation through training.

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1. Employee Acceptance Management

Employee Acceptance Management is the process of gaining employee buy-in by emphasizing performance expectations from the top level down. Employee Acceptance Management involves transforming employees into a high performance mindset, communicating employee expectations and enabling them to understand the impact that their specific role has on the success of the organization.

2. Performance Management Planning

Performance Management Planning is the practice of defining the performance strategy and
prioritizing activities according to that strategy-to ensure operational alignment with organizational goals. Performance Management Planning involves planning, budgeting, forecasting and allocating resources to support strategy and achieve optimal execution. The Performance Management Plan includes consolidating, monitoring, and reporting on performance outcomes for management, regulatory, and statutory purposes. The ultimate goal of Performance Management Planning is the ability to plan and budget in real-time with dynamic plans that provide real-time feedback to everyone who is part of the process.

3. Time Management (Planning versus Implementing)

Planning is an essential item on the critical path of every project. Our studies have shown that cutting corners on planning can triple the cost and time to implement enterprise level projects. Planning requires adequate information about the current and target states and accurate estimates of the time and financial investments required to perform all the steps necessary for change.

Planning also involves putting together a team of committed and motivated individuals with defined team roles, outlining all tasks, assigning responsibilities, and proactively managing and mitigating risks. The planning process should include the development of a vision/scope
document so that each team member understands the project vision, goals, objectives, schedule, and risks. The planning team should allow adequate time for team members to understand, investigate, document, and communicate prior to design and implementation.

4. Leadership Development

Leadership Development is the strategic investment in, and utilization of the human capital within the organization. The practice of Leadership Development focuses on the development of leadership as a process. With the rapid rate of change in our global economy, leadership has taken on the critical role of adaptation and innovation in the workplace. As companies restructure their business processes and employees, they need solid leadership training to communicate effectively, influence others, maximize creativity, and analyze your business. How leadership is demonstrated within an organization will determine how successful that organization will be and how successful those who follow will become.

5. Employee Training

Employee training is one of the most powerful cost reduction drivers. Our research shows that the under-trained employee consumes two to six times the amount of technical support (including peer support) than an adequately trained user. Employee training should be performed on systems and applications, being careful to match the training that is delivered in relation to the employee's job. Training should include a mix of instructor-led classroom training, computer-based training, and just-in-time training to help increase user productivity and reduce support costs.

6. Staff Motivation

A motivated staff is one that will operate as a team and will pitch in when needed to solve any problem or challenge at hand. They will often exceed expectations and provide critical back up for each other. A motivated staff works harder to meet the goals set by the organization.

7. Automated Asset Management

Electronically supported life-cycle driven asset process. Automated asset management consists of electronically supported procurement, automated inventory, and centralized data repository that are available to financial, administrative, technical planners, system administrators, and the service desk. Managed data within the asset management system consists of contract terms, hardware inventory, software inventory, accounting, maintenance records, change history, support history, and other technical and financial information.

8. Systems Scalability

Systems Scalability is a technology infrastructure that can logically and physically increase in performance and capacity with continuity to meet reasonable growth and change over time. A scalable architecture contains a strategic migration plan for continuous growth and progress. Commitment to scalable architectures enables the roll-out of homogeneous hardware and application platforms across users and departments with different processing requirements, while providing technical staff with a common platform to support.

9. Capacity Planning

Capacity planning is a process by which the capacity of the network and assets is measured, compared against requirements, and adjusted as appropriate. The process of capacity planning involves mapping new initiatives to existing infrastructure, understanding the cost
dynamics of network bandwidth and storage, memory, and other system resources.

10. Enterprise Policy Management

Enterprise policy management is a managed user environment in which a network or desktop administrator can control, with rules-based logic, which applications, settings, network resources, databases, and other IT assets a user can use. This environment is defined by user ID and is not necessarily machine specific. It is typically implemented by user profiles maintained at the server and synchronized with the client device that a user is logged onto.

Enterprise policy management precludes the user from making changes to the system; such as introducing unauthorized software or changing settings that may cause conflict with other system resources. As well, a managed environment controls the ease of use of the desktop, providing a common set of applications and access for groups of users or individuals. In this manner, the user is presented only with the tools they have been trained on and need for the job, and assures that changes are managed. This process, integrated with a system management and change management policy, can reduce service desk calls and unplanned
downtime, as well as create a more predictable platform for system upgrades.

11. IS Training

IS professional training is critical in preparing the IS staff that are delivering support and service to users to confidently plan and implement initiatives and solutions, and resolve user issues quickly and effectively. IS professional training should be obtained for all staff members on the systems, tools, and applications that are utilized in their daily jobs. Training should include instructor-led training classes,certification courses, seminars, and computer-based training.

11 Enterprise Performance Management Best Practices - Planning Phase

About the Author

Victor Holman is a performance management expert who helps organizations reach performance goals through best practice analysis and implementation and custom enterprise performance management products and services. His performance management frameworks and methodologies can be viewed at [http://www.lifecycle-performance-pros.com/index.php/methodologies.html].

His Organizational Performance and Best Practices Analysis [http://www.lifecycle-performance-pros.com/index.php/opbpa-full.html] measures how well organization's utilize the key performance activities that drive organizational success and identifies cost savings opportunities and the critical path to reaching organizational goals. The Lifecycle Performance Management Kit is complete with step by step guides, frameworks, templates, videoseminars, presentations, performance metrics, and more.

For a FREE performance management kit, visit the Performance Management Portal. Contact him personally at victor.holman@lifecycle-performance-pros.com.

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Difficult Times in Business - Best Practices to Survive and Thrive

Joseph P. Kennedy, American executive, businessman and father of John F. Kennedy once said, "When the going gets tough, the tough get going". These are words of inspiration for all of us as we face an economic environment that is unstable. As Americans, we have been through tough times before but with perseverance, hard work, attitude, and the love of the American Dream, we have endured as a nation. The cost of energy, the upcoming presidential election, the war, a volatile stock market, and a downturn in the housing market are all factors that are causing American businesses and consumers to operate in an environment of fear. But my challenge to all the readers of this newsletter, and there are thousands of you, is to seek the opportunities in all of these factors that, on the surface, can be perceived as negative operating conditions. Opportunities exist all around us if we only take the time to think creatively. As a market research firm, Market Viewpoint recently did a survey of consumers to find out what factors contribute to the decision to make a purchase. The top factor, constituting 20% of the responses, was price and value. This comes as no surprise as more of our income is being put into our gas tanks. Consumers are being more discriminating when it comes to spending and they want to be assured that they are getting the most for their dollar. Companies who take the time to point out the value added component of their products or services in their advertising and sales presentations will do well. Seventeen percent (17%) of those responding in our survey want variety and choice, with 13% craving convenience and access. The remaining 50% of the responses fall into the smaller categories of cleanliness, security, comfort, atmosphere, etc.

From this survey, we also came up with the top 7 best practices for challenging times:

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7. Freebies - People love getting free "stuff" - Some of the things you give away may be things from your stock room that would not sell but customers might appreciate getting them for free. Don't forget to make use of coupons and discounts.

6. Consumer Pampering - Develop an entire campaign around the economy and let your customers know that you understand what they are going through with activities that pamper. One of our clients in the retail industry offered coffee and donuts in his store in the morning and chair massages in the afternoon on his weekly "Day of Pampering". Sales jump on the day he offers these little extras.

5. Exchange Service and Cooperative Advertising - Many companies are engaging in cooperative advertising to help cut marketing costs. Consider working with a firm that offers complimentary services and design a marketing campaign that benefits both organizations.

4. Mystery shop - Rapidly changing times call for constant monitoring. One client of ours increased the number of telephone mystery shops they do each month knowing that more customers will be making use of the phone to get information as a way to save on gas.

3. Go Green! - More and more customers are looking for ways to do business with and invest in companies that are environmentally aware. Develop a plan and communicate your approach to your target market. One of our clients uses a catchy little "green" tag line on all of their email signatures to let their customers know they are doing their part against global warming.

2. Be aggressive with your marketing - This is no time to cut back on the marketing budget. Studies have been conducted that show businesses that cut back on marketing during economic downturns make less revenue that businesses that don't.

1. Hire and maintain a staff that is knowledgeable with people skills - Consumers want to feel respected. If your staff rates low on product knowledge, you will lose consumer confidence. Hire creative, talented people who can connect with your customers one-on-one.

True leaders emerge from difficult situations. Be innovative and creative. Manage wisely what you can control and you will ride the wave to the next upswing!

Difficult Times in Business - Best Practices to Survive and Thrive

Angela V. Megasko is the President and founder of Market Viewpoint, LLC, a market research firm specializing in professional mystery shopping. Her organization has been helping clients see their operations through the eyes of the customer since 1996. Angela has helped clients in all industries increase their profitability through the power of customer retention. She believes so strongly in the idea that our clients can make us profitable that she recommends having a solid customer service plan as a part of your firm's overall Marketing Plan. To learn more about her services, go to http://www.marketviewpoint.com

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Ten Enterprise Performance Management Best Practices - Executing Phase

This article continues where we left off discussing the 11 performance management best practices in the planning phase of the Lifecycle Performance Management Model. The Lifecycle Performance Management Model is an enterprise framework that is centered on 35 best practices. These best practices span across the five phases of the performance life-cycle: defining, planning, executing, monitoring and reporting. This article is the third of a series of five discussing the performance management best practices within Lifecycle Performance Management, and will focus on the executing phase.

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The executing phase best practices involve implementing the planned activities outlined in the defining and planning phases. This is where we develop metrics, align performance to organizational objectives, identify cross-functional processes, and integrate data. During the executing phase the performance management team must maintain a climate of open communication with business unit liaisons and executive management, as this is where executive goals are transformed into action.

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1. Employee Performance Management

Employee Performance Management is the systematic process by which an organization involves its employees, as individuals and members of a group, in improving organizational effectiveness in the accomplishment of agency mission and goals. The Employee Performance Management process includes planning work and setting expectations, continually monitoring performance, developing the capacity to perform, periodically rating performance in a summary fashion, and rewarding good performance. Functions within employee performance management are recruit and hire management, compensation management, incentive management, goals management, learning management, competency management and performance measurement.

2. Information Services Performance Management

Information Services Performance Management is the practice of measuring and monitoring information systems and services and aligning them to organizational goals and objectives. Information Services Performance Management involves supporting employees and customers, aligning business unit objectives to system capabilities and performance, communicating IT planning and performance data in a way that is useful to business unit management, and adapting to growing complexities and constant change.

3. Process Management

Process Management is a series of actions taken to identify, analyze and improve existing processes within an organization to meet new goals and objectives. Process Management involves identifying key business processes and aligning the results of these processes with the strategic goals. Lifecycle Process Management consists of baselining the current environment, identifying critical success factors, redesigning inefficient or ineffective processes, automating processes, identifying process metrics, and training employees on cross functional process.

4. Data Integration Management

Data Integration Management is the practice of gaining business value from information assets through the effective use of data management technologies and best practices. Key components of Data Integration Management include data integration, data quality, database management systems, data warehousing and enterprise information management. Data Integration Management enables an organization to secure a single, accurate, corporate view of key information.

5. Performance Metrics Management

Performance Metrics Management is the process of identifying quantifiable, results-driven metrics that enable informed decision making and encourages improved service delivery. Performance Metrics Management involves understanding the business and complexities of the organization, focusing on the desired outcomes, involving all participants for consensus and buy-in, ensuring that formulas and logic are valid, and storing performance results in a centralized location for easy access.

6. Performance Alignment Management

Performance Alignment Management facilitates the translation of business and functional priorities into strategy. Performance alignment consists of aligning corporate strategy to four areas: division/departmental, workforce, financial and resources. Ultimately, Performance Alignment Management develops a performance strategy that feeds strategic alignment, reflects organizational priorities, and leads to successful execution of organizational goals and objectives.

7. Cross-functional Process Management

Cross-functional Process Management is the process of breaking down functional siloed thinking and building the organization around core processes rather than specific functional areas. Cross-functional Process Management focuses on those major processes which require support from multiple functional support groups. Ultimately, a well managed cross functional process enables performance tracking throughout each of the functional "hand offs" and weak points within a major process are identified and corrected.

8. Systems Management

Systems management is an automated event management system that proactively and reactively notifies system operators of failures, capacity issues, traffic issues, virus attacks and other transient events. The tools allow monitoring of system status, performance indicators, thresholds, notification of users, and dispatch of trouble tickets. Systems Management provides optimal system performance, quicker resolution of problems, and minimizes failures. Automated solutions are used in support of distributed computing operations processes and policies for performance and failure detection and correction, as well as optimization.

9. Change Management

Change management is the procedure, policies, and tools established to monitor organizational assets to assure that unauthorized changes are not being implemented. It also affirms that a database of changes is available so that changes can be easily recognized during troubleshooting activities

10. Procurement Management

Procurement Management is a set of policies and procedures to manage the procurement process. Procurement Management does not necessarily designate that all procurement personnel are centralized in a single location; rather it involves the development of a common set of procurement policies and operating procedures, pooling of information about requests, vendor contracts, asset data, industry information, and qualified procurement skills to ensure the pieces required to get a cost effective deal are properly considered. As well, centralized procurement assures that standardization rules are in compliance.

Ten Enterprise Performance Management Best Practices - Executing Phase

About the Author

Victor Holman is a performance management expert who helps organizations reach performance goals through best practice analysis and implementation and custom enterprise performance management products and services. His performance management frameworks and methodologies can be viewed at [http://www.lifecycle-performance-pros.com/index.php/methodologies.html]

His Organizational Performance and Best Practices Analysis [http://www.lifecycle-performance-pros.com/index.php/opbpa-full.html] measures how well organization's utilize the key performance activities that drive organizational success and identifies cost savings opportunities and the critical path to reaching organizational goals. The Lifecycle Performance Management Kit is complete with step by step guides, frameworks, templates, videoseminars, presentations, performance metrics, and more.

For a FREE performance management kit, visit the Performance Management Portal. Contact him personally at victor.holman@lifecycle-performance-pros.com.

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