El Paso City Council approves ordinance banning tow truck solicitation at crash scenes

EL PASO, Texas (KVIA) -- In a 6 to 2 vote during Tuesday’s meeting, El Paso City Council approved a new ordinance prohibiting tow truck operators from soliciting business at traffic accident scenes.

The ordinance bans towing companies and their representatives from arriving at crash scenes unless they have been contacted by police, the vehicle owner, the driver or an insurance company.

Violators can face a Class C misdemeanor punishable by a fine of up to $500. The ordinance is set to take effect June 1.

El Paso police officials said the measure came after officers and community members repeatedly raised concerns about tow truck operators showing up uninvited at crash scenes and attempting to solicit business from drivers involved in accidents.

“We know that this is a critical time for the victim,”, El Paso Police Executive Assistant Chief Victor Zarur said. “They may be injured, and they’re going through the motions trying to find out what they’re going to be able to drive the next day for work and such.”

Under the ordinance, tow truck operators may not enter accident scenes under police control without permission, solicit towing on public streets or sidewalks, or use third parties to approach drivers at crash scenes on behalf of a towing company.

The ordinance also states that the presence of unauthorized tow company employees, equipment, business cards, flyers or other advertising materials at an accident scene can be considered prima facie evidence of a violation.

Police said the department reviewed similar ordinances in other Texas cities while drafting the proposal and held four community meetings between February and March to gather input from towing businesses and residents before presenting the measure to council.

“This ordinance does just strictly forbid anyone from soliciting out in the roadway for towing business,”, Zarur said. “It doesn’t mean that an individual has to call a certain towing company. The driver or the insurance can make the decision.”

Some towing operators opposed the measure, arguing it will significantly hurt smaller businesses that rely heavily on accident response calls.

Gilberto Carlos, owner and operator of MF Towing, said the ordinance could severely affect his company’s operations.

“I would say approximately 80 to 85 percent of the business that we get personally on our business is from responding to accidents,” Carlos said.

Carlos said he believes the city could have done a better job notifying towing companies about the proposal earlier in the process. He also said he hopes the ordinance leads to broader discussions about opening the city’s police towing rotation list to more small businesses.

“It’ll be a major impact,” Carlos said. “We’re going to have to readjust, make an assessment.”

Carlos said his company often assists at crash scenes by helping direct traffic, protecting motorists from secondary collisions and moving vehicles when emergency responders need help clearing roads.

Police officials emphasized the ordinance does not prevent drivers from choosing their preferred towing company after a crash. Instead, they said, it is meant to stop unsolicited arrivals during what they describe as a vulnerable moment for accident victims.

Police plan to train officers on enforcement of the ordinance before it takes effect and conduct outreach through the department’s website and social media channels.