For as long as you can remember, the city in which your towing company is located has used only one company – not yours – for all of its police-dispatched, nonconsensual tows. Your company is equally qualified to perform police towing work – you have the equipment, experience, insurance, etc. – so you ask the police chief to start using your company on a rotating basis with the current tow company. The chief says that he is satisfied with the service he is getting and denies your request.
In 2011, the municipal tow contract of a municipality in the Kansas City area went up for bid. This contract had stringent requirements. For example, eligible bidders had to have a tow lot which had a minimum of two (2) acres of hard based surface (i.e. asphalt or concrete) located in the municipality. Moreover, eligible bidders had to have this lot in place and ready for inspection at the time of bid, meaning a tow company could not have a lease or other real estate option contingent on winning the tow contract.
Has this ever happened to you? You receive a call from your local police agency to respond to a single vehicle accident. Upon arrival at the scene, you see a 2008 Chevy Cavalier down in a ravine. You can immediately tell that the vehicle is a total loss; salvage worth about $200. The good news is that the vehicle owner, who is still on the scene, informs you that he has full-coverage insurance.
It is not uncommon for tow companies to complain that a City, State, or Law Enforcement Agency is discriminating against them because the tow company is not a resident of the City, State, or Law Enforcement Agency’s jurisdiction. In fact, laws requiring a tow company to be a resident in order to perform law enforcement towing are common.