§ 75-6. Wrecker operator requirements.

(a)

All wrecker operators and drivers must have in their possession a valid Florida driver's license as required by Florida law for the operation of any vehicle to be driven. Prior to approval, all wrecker operators and drivers shall submit a Florida Department of Law Enforcement Criminal History Information Report obtained from the Ocala Police Department at the applicant's request and expense. No wrecker operator shall be allowed to participate in the city police department's call allocation system unless the wrecker operator or any driver employed by the wrecker operator has been convicted, been incarcerated, or been on probation or parole as a result of a conviction, of any crime as set forth in section 74-63.

(1)

The wrecker operator shall immediately notify the city police department of any changes in wrecker driver(s), wreckers, wrecker unit numbers, insurance coverage or any other changes relating to ownership or management of the business.

(b)

Wrecker operators and their drivers are required to comply and be familiar with the Florida Uniform Traffic Control Law, F.S. ch. 316.

(c)

Wrecker operators properly at the scene of an accident shall remove only the vehicle involved at the direction of the investigating officer.

(d)

Wrecker operators shall sweep glass from the roadway and remove all debris or hazards from the scene, and comply with the requirements of F.S. § 316.2044(2).

(e)

Wrecker operators shall impound such vehicles as requested by an city police department officer or representative.

(f)

Wrecker driver(s) shall be thoroughly familiar with the operation of the wrecker he/she is operating.

(g)

Wrecker operators who are called from the rotation list shall not delegate or request assistance from another wrecker operator to perform the services necessary to accomplish the recovery or removal of vehicles in that class as defined pursuant to these rules. A wrecker operator unable to perform the recovery or removal shall be rotated and the next rotation wrecker on that list shall be called.

(h)

The city police department is not responsible for any damage to a vehicle caused by the wrecker operator.

(i)

Insurance.

(1)

The wrecker operator shall maintain the following policies of insurance according to the minimum limits set forth below. Each policy shall be in the name of the wrecker operator and shall include coverage for towing and storage. The policy shall be effective throughout the period that the wrecker operator is qualified under these rules. It is not the intent of this rule to limit the operator to the types of insurance required herein.

a.

Worker's compensation and employer's liability insurance as required by statute.

b.

Garage liability insurance in an amount not less than $300,000.00 combined single limit liability.

c.

Garage keeper's legal liability insurance in an amount not less than $50,000.00 for each loss, covering perils of fire and explosion; theft of a vehicle, its parts or contents; riot and civil commotion; vandalism; malicious mischief; and damage to a vehicle in tow.

d.

The following minimum levels of combined bodily injury liability insurance and property damage liability insurance required by F.S. § 627.7415, in addition to any other insurance requirements as required by this rule.

1.

$50,000.00 per occurrence for a wrecker with a gross vehicle weight of less than 35,000 pounds.

2.

$100,000.00 per occurrence for a wrecker with a gross vehicle weight of 35,000 pounds or more, but less than 44,000 pounds.

3.

$300,000.00 per occurrence for a wrecker with a gross vehicle weight of 44,000 pounds or more.

(2)

The insurance coverage required shall include those classifications that are listed in standard liability manuals, which most nearly reflect the operations of wrecker operators.

(3)

All insurance policies required above shall be issued by companies authorized to do business in the State of Florida.

(4)

The wrecker operator shall furnish certificates of insurance and a "wrecker insurance statement of compliance" to the city police department prior to approval for participation on the rotation list, and thereafter 30 days prior to the expiration dates of the policies. The certificates shall clearly indicate that the wrecker operator has obtained insurance of the type, amount and classifications required for compliance with this rule and that no material change or cancellation of the insurance shall be effective without 30 days prior written notice to the city police department. Upon failure of an approved wrecker operator to provide proof of insurance, as required by this paragraph, the city police department shall provide notice to the wrecker operator of its non-compliance.

(Ord. No. 5777, § 1, 1-8-08; Ord. No. 5922, § 12, 12-16-08)