Lawriter - OAC - 4901:2-22-03 Safety standards.

4901:2-22-03 Safety standards.

(A) Operation of a tow truck

(1) A tow truck may not be used to tow a motor vehicle that weighs in excess of that tow truck's safe towing capacity.

(2) Any towing equipment utilized to lift a portion of a motor vehicle off the ground so it may be towed shall be installed on the appropriate chassis as recommended by the towing equipment manufacturer and shall not be used in a manner in which the gross axle weight rating of the tow truck's rear axle is exceeded.

(B) Use of towing equipment and towing devices

(1) All towing equipment and towing devices used in conjunction with such towing equipment, shall not be used in a manner that causes the working load limit of such equipment and devices to be exceeded.

(2) All towing equipment and towing devices must have permanently affixed, durable, factory identification stating the equipment's working load limit, or must otherwise be readily ascertainable by the operator of a tow truck and enforcement personnel. Equipment may be re-inspected by a recognized re-certification company and if acceptable may be re-certified with a working load limit and a re-certification company identifier. In such instances, the recertified equipment will be deemed acceptable if the operator maintains a copy of the certification of equipment provided the serial number on the equipment corresponds with the certification provided by the manufacturer.

(3) All towing equipment and towing devices shall be in proper working order and shall:

(a) Be designed for, and capable of, performing the task for which it is being used.

(b) Not be damaged, weakened, or used in a manner that compromises its ability to perform properly.

(c) Only be used in accordance with any manufacturer's recommendations related to its use.

(4) All wire rope eye loops used on a tow truck shall be protected by a thimble.Thimbles may not be cracked, deformed, worn, loose, or have a strand of wire that slips.

(5) Cable clamps are prohibited for use on a wire rope.

(6) Use of a come-a-long, chain, or other similar device may not be used as a substitute for a winch and cable.

(7) Any towing equipment or towing devices shall be used in a manner that will not damage the towed motor vehicle.

(C) Securement of towed motor vehicles

(1) The securement regulations of the U.S. department of transportation adopted under rule 4901:2-5-03 of the Administrative Code shall apply to any tow truck when securing a towed motor vehicle in a manner consistent with those regulations.

(2) Motor vehicles being towed by a wheel-lift, under-lift, tow bar, tow sling, tow dolly, or similar apparatus shall be secured to such apparatus by appropriate load securement devices of adequate strength and design to safely couple the motor vehicle to the apparatus.

(3) Every motor vehicle towed by a tow truck that is not subject to the securement requirements of paragraph (C)(1) of rule 4901:2-22-03 of the Administrative Code, shall be joined by at least two safety devices spaced as far apart as practical to the forward portion of the towed vehicle, with a combined breaking strength rating equal to or greater than the gross weight of the towed vehicle. Acceptable securement devices are chains, cables, or synthetic webbing customarily used for securing a vehicle or load. Safety devices shall be attached in such a way as to prevent vehicle separation upon failure of the primary towing attachment and shall be anchored to both the tow truck and the towed motor vehicle with only enough slack to permit free turning of the towed motor vehicle.

(D) The provisions of this rule and rule 4901:2-22-04 of the Administrative Code, shall not apply to a tow truck engaged in the recovery of a motor vehicle if compliance with such provisions would be impossible, impractical, inefficient, or unduly burdensome under the circumstances. For purposes of this rule, recovery shall mean:

(1) The initial towing or removal of a motor vehicle involved in an accident from the site of the collision; or

(2) The extraction of a motor vehicle from a hazard that has rendered the motor vehicle unable to be moved under its own power; or

(3) The removal of a disabled, illegally parked, or abandoned motor vehicle which is an obstruction to the normal movement of traffic on any roadway or poses a significant threat to public safety.

Operations of a tow truck shall be brought into conformance with the requirements of this rule as soon as the condition necessitating non-compliance has been abated. All operations of a tow truck shall be conducted in a manner that ensures the safe operation at all times, including those situations when compliance with the rules would be impossible, impractical, inefficient, or unduly burdensome under the circumstances.

Effective: 12/18/2016
Five Year Review (FYR) Dates: 12/18/2021
Promulgated Under: 111.15
Statutory Authority: 4921.25
Rule Amplifies: 4921.25