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© 2001 FleetWatch magazine and FleetWatch On-Line.
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September
2001 |
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Recovery |
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Issues still to be resolved |
Chairman of the Mpumalanga Towing & Recovery Association, which is affiliated to the South African Towing and Recovery Association (SATRA), Wim van Wetten, is in full agreement with the proposed Tow Truck Act 2000 but maintains that a few outstanding issues remain to be resolved writes Andrew Parker.
According to Van Wetten, MD of Van Wetten's Towing and Recovery Services which has branches throughout Mpumalanga, one of the main challenges from this point on is that once promulgated, the precepts of the Act - which is still in White Paper format - are properly policed and managed.
Van Wetten believes improved self regulation by industry players along with supporting government legislation should go a long way in eliminating 'pirate' operators who - among other things - abuse customers with exorbitant towing and storage fees.
He also notes that customers need the assurance that they and their vehicles will be looked after at all times. "SATRA has worked closely with the AA and the insurance industry on a lot of these issues and our members operate according to strict guidelines."
In addition to the ongoing wrangling over registration and licence fees and associated permits, is the proposal that tow truck drivers should be trained as medical assistants and fire fighters. Van Wetten feels strongly that these are not the responsibilities of the towing industry. He also says that while knowledge of hazardous goods is essential, tow truck drivers are also not the people to start managing this type of emergency.
"There is a need to upgrade skills in the towing industry but we must demarcate where our responsibilities start and where they end."
Also of concern and something currently under discussion, is the extent of the liability of towing companies in certain circumstances. For example, when a towing company hooks up a broken down or damaged truck it becomes fully responsible for the load the stranded vehicle may be carrying. Van Wetten says this leaves towing companies in an unacceptably vulnerable position.
Add to this the fact that while it is illegal to tow a truck and trailer in tandem as the vehicle combination exceeds the permitted overall vehicle length, towing companies are often pushed into doing just this as refusal by the towing operator ends up in having to make the choice of either losing the work or doing an illegal tow.
Where hazardous goods are concerned, no towing is allowed under any circumstances. Hazardous goods must be transferred onto a roadworthy vehicle before being moved. If the tanker or trailer is roadworthy, legally speaking, it should be hitched to a prime mover before it is transferred to a safe place. Alarming, however, is that this aspect of the law is often 'overlooked' by those in charge.
Van Wetten comments that while it is dangerous to leave a hazardous cargo at the side of the road, it is just as dangerous to move it in a precarious manner. He describes it as a "catch 22 time bomb waiting to go off."
Another area of concern to SATRA is that technical information on the safe towing and recovery of both passenger cars and commercial vehicles is not forthcoming from the vehicle manufacturers. He says that in many overseas countries, vehicle manufacturers issue special bulletins advising on what steps towing and recovery companies must take before attempting to move stranded or even crashed vehicles.
In essence, this means that local towing companies can be held liable for further damage to a vehicle if it is moved incorrectly.
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