C-PORT honors tow captain who died on the job

The Conference of Professional Operators for Response Towing presented its first Compass Rose Award to a member of the marine assistance industry at its recent conference, which was held Jan. 8-9 in Tampa, Fla.

“It is a privilege to present this award to Lee McCune. He embodied the meaning of this award, always working for the betterment of our industry,” C-PORT chairman Chris Shaffner said in presenting the posthumous award.

Diana McCune accepted it on behalf of her husband, who died while responding to a disabled boater. In April 2010, McCune, assisted by his wife, was responding to a 30-foot boat that had run aground off Islamorada, near Cotton Key, Fla., when the McCunes’ boat ran aground and tipped over on the starboard side.

Diana was thrown from the boat, and she was treated and released. Lee was caught under the superstructure and was pronounced dead at the scene.

“He was an avid powerboater, diver, salvage master, videographer, photographer and web page designer. His creativity and people skills addressed serious matters by spinning them with a humorous anecdote,” BoatUS Towing Services vice president Jerry Cardarelli said of Lee.

“He'd been captain at the wheel of a towboat since the ’90s with his parents as close partners of BoatUS for over 20 years,” Cardarelli added. “He beamed laughter and a positive attitude that was addictive to all who shared his company.”

Jackson Woman Says Towing Company Misled Her

A Jackson woman said her year got off to a bad start after she had to shell out $300 for her towed car.

Jamie Davis' car was one of dozens towed from business parking lots on New Year's weekend.

The sign at this Wells Fargo Bank parking lot clearly said cars who don't belong to customers will be towed.

But it didn't stop Davis from parking there on New Year's Eve when there wasn't a spare space at Tha Spot nightclub in Jackson.

"I park there all the time. It's never been a problem," Davis said.

When she came back, her car was gone, and Davis said KMA Towing and Recovery's story kept changing.

"I was told it was going to be $265. He (Man from KMA) said, 'Tomorrow we'll be closed. If you pick it up Monday, it will be $270.' I said, 'OK,'" Davis said.

But when Davis went to pick up her car Monday, she said she felt scammed, because KMA told her the price had gone up.

"Towing charge: $200, storage charge: $35 and gate fee: $65 -- for a total of $300," Davis said.

KMA said it has an open agreement with Wells Fargo to tow any time cars are parked illegally.

The towing company said the person who towed the car may not have known the building would be empty on Monday, requiring someone to come in to unlock the gate, which accounted for the $65 fee.

The manager of Tha Spot said he plans on putting up posters on the door telling his customers where not to park at Wells Fargo Bank.

Hand-Held Cell Phone Ban for Drivers Of Buses And Large Trucks

In an earlier Memo in December we sent out the US DOT Final Rule that bans hand-held cell phone use by Commercial Motor Vehicle Drivers. We feel it might be helpful to clarify that the FMCSA has commentary that provides both rationale for and limitation of this exception. The rule will become effective January 3, 2012 for the use of hand-held telephones in commercial motor vehicles engaged in interstate commerce:

Emergencies

Some commenters thought that the NPRM prohibited CMV drivers from making emergency calls. Commenters believed that calls could not be made to law enforcement to report vehicle accidents, drunk drivers, or other roadside emergencies.

UMA noted that its members have largely responded to its advisory on the inherent risks of using cellular phones, and have developed and enforced FMCSA Response.

The Agency agrees with the UMA and the many towing companies whose cell-phone policies continue to allow the use of mobile telephones to contact law enforcement in cases of emergency and for security purposes.

The Agency, however did not propose to prohibit CMV drivers from placing emergency calls. In the NPRM, the Agency said “Emergencies.” Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services”

Peekskill Council Looks to Change Towing Policies

PEEKSKILL, N.Y. – The city may allow towing companies outside the city to tow cars from city streets, but only a mile outside the city.

The council is planning on scheduling a public hearing at next Tuesday's meeting that would allow cars to be towed by companies outside the city only if their garage is located within a mile of the city limits.

That distance was originally 3 miles and was intended to avoid possible litigation by tow companies that reside outside the city, since according to city lawyers, there have been cases in Westchester County where tow companies have won suits against towns such as Sleepy Hollow when the village tried to ban outside towing.

However Deputy Mayor Drew Claxton said 3 miles could be too far for some residents. She gave a recent example where several members of the AME Zion Church congregation had their cars towed by a company that was located too far from the church to walk to, making it difficult for them to get their cars back.

"They don't have a car and now they have to figure out how to get to their car," Claxton said. "Three miles outside the city limits if you live on Nelson Avenue on Main Street is not necessarily within walking distance."

Police Chief Eugene Tumolo said that another change will be the creation of two tow company lists by the city: one for mechanically disabled vehicles and another for all other tows, such as cars illegally parked in handicapped or no parking zones.

The tow companies will still have to meet all the requirements of the city and the city will continue to have a rotating tow company list that allows different companies to get business from the city, Tumolo said.

"It provides us with a balanced way of calling for tow trucks when they are needed," Tumolo said of the list. "We know who these people are – they filled out the proper paperwork, which will provide a level of protection for the public."

Towing Companies must have a current New York State repair license, proper liability insurance and must provide a fenced-in secure area to store towed cars, Tumolo said.

In other news, Tumolo informed the council that the police department has received 70 gas masks at no cost from the county as part of a county program. The council also approved Tumolo's request that a yearly grant of $8,500 from the county to combat drunk driving be approved for the next five years as requested by the county to cut down on paperwork.

AAA provides free towing service for revelers

New Year's Eve revelers have probably had a plan of where they were going to ring in 2012 for weeks, but there isn't always a plan made for how they’ll get home.

AAA Alabama and towing companies across the state are again partnering in Tow for Life. And, AAA Alabama Spokesman Clay Ingram said the Troy area is included in the program.

“It’s free to anybody and everybody,” Ingram said. “No strings attached.”

According to a recent 10-year analysis conducted by the AAA Foundation for Traffic Safety, the year's highest number of alcohol-related traffic fatalities happens on New Year’s Day.

You don't have to be a AAA member to take advantage of the Tow for Life, but there are a couple of rules if you'd like to be sure your trip home is police and accident-free.

Ingram said people must be at the same location as their vehicle and have the keys to it and an ID with them. The vehicle also has to be operational.

“It’s not an opportunity for us to move your old clunker for you,” Ingram laughed.

And, if a truck with Tow for Life comes to pick you up, you have to go home.

“We have to take you home,” said Ingram. “We can’t take you to another party.”

In 2009, 10,839 people lost their lives in alcohol-related traffic crashes, according to AAA Alabama. That’s about one death every 48 minutes.

“If you know you are going to be a party and you are going to be under the influence of alcohol, you need to make a plan,” said Troy Police Sgt. Benny Scarbrough. “You don’t need to be operating a vehicle at any time.”

This is the 25th year for the program. The service began at 6 p.m. on Friday and will run continuously until 6 a.m. on New Year's Day. The first 10 miles of the trip are free of charge, but there will be a service charge of $3 per mile after that, Ingram said, adding that AAA Alabama has found that 10 miles is more than enough for most partygoers.

If you or someone you know needs a free ride home during the New Year's weekend, call 1-800-AAA-HELP.

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