The Herald, Sharon, PA Published Wednesday, February 12, 2003


Southwest's towing policy
averts rate war, chief says

By Joe Pinchot

Herald Staff Writer

After receiving a complaint about the cost of towing a car, Southwest Mercer County Regional Police Chief Riley Smoot Jr. wanted to sit down with towing services and come up with a uniform rate structure.

But he quickly learned he was asking for trouble.

"Price fixing is price fixing is price fixing," he said. "I ain't going to jail for that."

Instead, the department has enacted a policy that requires towing services to apply to be on the towing rotation list, and specify their rates once a year.

The policy, which the police commission approved Tuesday pending review by solicitor Robert Tesone, only requires that towing services charge fees that are "reasonable and customary for the service provided" in the area.

"This way, we don't get into the rate wars," said Smoot, who looked into the policy after a person involved in an accident complained about being charged $100 for a tow. "We don't get into regulating what they charge. We, at least, know what the rates are."

However, policemen will not have that information with them, he said.

When towing is required, and the people involved do not have a preferred towing service, Southwest works off a list of towers that take turns getting called. Mercer County 911 dispatches towing services at department request.

The policy could knock some towing services off the rotation. It requires that services be on call 24 hours a day and have a locked storage area with a fence or other barrier at least 6 feet high.

Southwest is essentially using a state police policy, and many of the towing services that work with Southwest also tow for state police.

Chairman James DeCapua said he was worried about a section of the policy that states a company with a principal who has been convicted or is being prosecuted of a misdemeanor or felony is ineligible to be on the list.

DeCapua said he doesn't want a towing service disqualified because of a youthful indiscretion by one of its principals.

Smoot said Southwest would take the lead of the state police if such an issue arises.



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