Council OKs doubling towing fees

San Antonio Police Chief William McManus, right, talks with Michael DeLoach, left, and his father John DeLoach, both of Bexar Towing, following City Council's vote which passed an ordinance that will raise how much towing companies can charge to haul away vehicles illegally parked on private property. Thursday, Jan. 31, 2013 less San Antonio Police Chief William McManus, right, talks with Michael DeLoach, left, and his father John DeLoach, both of Bexar Towing, following City Council's vote which passed an ordinance that will raise how ... more Photo: Bob Owen, San Antonio Express-News Photo: Bob Owen, San Antonio Express-News Image 1 of / 5 Caption Close Council OKs doubling towing fees 1 / 5 Back to Gallery

Starting Feb. 10, San Antonio towing companies will be allowed to charge more than double what they can now to haul away unauthorized vehicles in private parking lots and garages.

The change in the fee, approved Thursday by the City Council, follows months of debate about what constitutes a fair price for a nonconsent tow.

The new $177 fee still is lower than what some companies had charged customers. They contended state law gave them the right to collect $250. The city disagreed, saying its $85 limit was valid, and police started a crackdown on towing outfits last spring.

“We reeled them in and set a cap at $177, that we're going to enforce very aggressively,” District 1 Councilman Diego Bernal said after the vote. “It's not the Wild West out there anymore.”

The increase from $85 to $177 is the first since 2002. Other large Texas cities, like Austin, Dallas and Houston, all have raised their fees in that time.

With the new fee comes greater scrutiny and more regulation of the local towing industry under a revised ordinance that incorporates changes in state law over the past decade.

The council raised the fee without any discussion, an unusual move for an issue that had drawn attention and ire ever since police started ticketing tow companies that were charging drivers more than the city cap.

In particular, law enforcement cited Bexar Towing hundreds of times.

Bexar Towing founder John DeLoach argued he was within his rights to charge $250, plus more than $40 in other legally sanctioned fees, because of the state law.

Last week, a Municipal Court judge found him guilty of overcharging in at least one case. He plans to appeal.

DeLoach and other Bexar Towing representatives met several times with San Antonio police to hammer out the new ordinance. They stopped short of calling the increased fee a victory but said it was a start.

“We're pleased that the city has moved forward and set a rate that is more reasonable based on the cost of doing business,” said Liz Johnson, president of the San Antonio Towing Association and owner of Alamo City Recovery.

Alamo City Recovery and Bexar Towing have recently merged, and Johnson now is Bexar Towing's vice president of public relations.

City officials started re-examining the fee after Bexar Towing asked for a tow fee study last summer, which state law allows firms to request.

A previous study was undertaken in 2006; at the time, the results indicated the tow fee should be raised to $113. But an increase never made it to the City Council.

The city finance department arrived at the new fee by using a 2010 state-sanctioned analysis and taking into account other adjustments like inflation.

Among the state rules now addressed in the city code is a requirement that tow drivers release a vehicle to its owner for free if that vehicle is not fully hooked up to the tow truck and ready for transport.

Other aspects of the new ordinance:

A fuel adjustment clause that will lower or raise the tow fee if the price of diesel fuel drops below $3.83 per gallon or goes above $3.95 per gallon. The city will review fuel prices every December.

A tow truck driver must inform law enforcement within 45 minutes of towing a vehicle; before, companies had two hours to call police. The ordinance also requires the companies to call police again, after the vehicle is released to the owner.

Tow companies must maintain their records for two years and make those immediately available to law enforcement upon request; the state allows companies 48 hours to deliver the records, said police Detective Glenn Michalek, with the SAPD's auto theft and wrecker unit.

An $88.50 “drop fee,” the amount a vehicle owner can pay if the vehicle is fully hooked up to a tow truck but hasn't left a lot. The previous drop fee was $85.

A requirement that tow truck drivers inform police when they “drop” a vehicle. Under the previous rule, tow trucks only had to call police when they towed a vehicle.

Rules about signs posted at parking lots where towing is enforced will now comply with state law and allow a property owner to request signs from the towing company. Previously, property owners had to obtain the signs themselves.

For the first time, the ordinance explains how local towing companies can request a study to re-examine towing charges. State law allows tow companies to request such a study, but San Antonio had no formal rules in place.

“It wasn't our intention to try to over-regulate the industry,” Police Chief William McManus said.

vdavila@express-news.net