61C - Towing Motor Vehicles and Inventory Procedures - 2019

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61C – Towing Motor Vehicles and Inventory Procedures Policy & Procedure Page 2 of 8 • Owners name and address, if known, and whether or not the owner is aware of the vehicle's removal; • Tow company and impoundment location; • Reason for vehicle removal and the name and rank of the person authorizing tow. 3. In compliance with M.G.L. Chapter 40 Section 22D, M.G.L. 85 Section 2c and Chapter 195 Section 8 and 9 of the Town By-Laws a Sergeant, or higher ranking officer, must authorize each vehicle towed. When towed or impounded. An officer shall inventory the vehicle in a manner consistent with the Department Policy 83C – Motor Vehicle Inventory. B. Specific towing situations 1. Disabled Motor Vehicles-Owner Present. Police officers are often called upon to assist motorists who are tending to a disabled motor vehicle. If the vehicle is not in a hazardous location, officers may: a. Permit the vehicle to stand on the roadway and allow the operator to make his/her own arrangements to remove or repair the vehicle. b. Arrange for the transportation of the operator to a local service station or public telephone. c. Notify, on behalf of the operator, a towing service for the vehicle's removal and/or service. 2. Hazardous Locations - Parked or Disabled Motor Vehicles. Any motor vehicle which is parked or disabled upon a way and "jeopardizes both the public safety and the efficient movement of vehicular traffic" shall be moved from the roadway as soon as possible (see United States Supreme Court decision South Dakota v Opperman, 428 US 364). Officers should: a. Take immediate steps to protect the area by the placement of flares, cones, and/or by positioning the police cruiser, with activated emergency lights and flashers, to the rear of the disabled vehicle. b. If the vehicle's operator is present, assist in the notification and prompt removal of the vehicle by a towing company. c. Notify the Commanding Officer or Patrol Supervisor for authorization to remove a vehicle when the vehicle owner/operator cannot be located OR when insufficient measures have been taken by the operator to eliminate the hazard. Vehicles removed in this manner shall be towed by an approved towing agency.