14B ncac 07A .0103      DEFINITIONS

The following definitions shall apply to the words and phrases found in this Chapter.

(1)           Applicant.  A person or corporation owning a wrecker service and applying for inclusion on the Patrol Rotation Wrecker List.

(2)           Wrecker Service.  A person or corporation engaged in the business of, or offering the services of, and owning a wrecker service or towing service whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle manufactured and designed for the primary purpose of removing and towing disabled motor vehicles.

(3)           Car Carrier or "Rollback".  A car carrier or rollback is a vehicle transport designed to tow or carry vehicles damage-free.  The truck chassis shall have a minimum gross vehicle weight rating (GVWR) of 14,500 pounds.  Two lift cylinders, minimum two and one-half inch bore; Individual power winch pulling capacity of not less than 8,000 pounds; a length of wire rope (cable) on winch drum with a working load limit (WLL) that meets or exceeds the pulling capacity of the power winch utilized; and four tie down hook safety chains.  The carrier bed shall be a minimum of 16 feet in length and a minimum of 84 inches in width inside side rails.  A cab protector, constructed of aluminum or steel, must extend a minimum of 10 inches above the height of the bed.  A "rollback" is not considered a small or large wrecker.

(4)           Computerized Rotation Wrecker List.  The names of those Wrecker Services that have been approved by the District First Sergeant to be included on the Patrol Rotation Log and entered in the Computer Assisted Dispatch (CAD) System.  There shall be separate rotation wrecker lists for large and small wreckers for each Rotation Wrecker Zone.

(5)           Debris. Includes any parts of a vehicle or material that may be strewn upon the surface of the roadway or highway right-of-way as a result of the collision and which may reasonably be cleared or removed. This definition shall also include any mud, soil, antifreeze, transmission, brake or other liquids/fluids that have been deposited onto the surface of the roadway as a result of a vehicle collision.  Debris does not include cargo from property hauling vehicles or hazardous materials that are required to be handled by local hazardous materials teams.

(6)           Large Wrecker.  A truck chassis having a minimum gross vehicle weight (GVWR) of 26,001 pounds and a boom assembly having a minimum lifting capacity of 40,000 pounds as rated by the manufacturer; tandem axles or cab to axle length of no less than 102 inches; a length of wire rope (cable) with a working load limit (WLL) that meets or exceeds the pulling capacity of the power winch utilized on each drum; airbrake so constructed as to lock wheels automatically upon failure; and additional safety equipment as specified by the rules in this Chapter.

(7)           Manual Rotation Wrecker List.  A list of names of those wreckers that have been approved by the District First Sergeant to be included on the Patrol Rotation Wrecker List and entered into a Manual list that is to be used only when the CAD System is down.  There shall be separate manual lists for large and small wreckers for each Rotation Wrecker Zone.  These lists shall be maintained by the Troop Communications Center.

(8)           Minor Violations.  Violations of the rules in this Chapter which do not require removal for a definitive time, may be readily corrected, and do not involve a criminal act or pose a threat to the safety and well being of the public.

(9)           Major Violations.  All violations of the rules in this Chapter not determined to be minor.

(10)         Open Enrollment Period.  The period of time between November 1st and November 30th each calendar year in which applications or reapplications for inclusion to the Highway Patrol Rotation Wrecker List for the next calendar year may be submitted.

(11)         Rotation Wrecker List.  A list of wrecker services that have met the rules of the Patrol and whose vehicles are properly registered with the Division of Motor Vehicles.

(12)         Removal.  Being taken off the Patrol Rotation Wrecker List for a determinate or indeterminate period of time.

(13)         Storage Facility.  A lighted off street storage facility secured by a minimum 6 foot high chain link fence, or a fence of similar strength, or other barrier sufficient to deter trespassing or vandalism; and where all entrances and exits are secure from public access.  The lot shall be of sufficient size to accommodate all vehicles towed by the wrecker service for the Patrol.  Storage facilities shared by two or more wrecker services may not be used to satisfy the facility requirement in Rule .0321(a)(2) of this Section.

(14)         Small Wrecker means a truck chassis having a minimum gross vehicle weight (GVWR) rating of 10,000 pounds and a maximum GVWR that does not exceed 26,000 pounds; a boom assembly having a minimum lifting power of 8,000 pounds as rated by the manufacturer; an 8,000 pound rated winch with a length of wire rope (cable) on winch drum with a working load limit (WLL) that meets or exceeds the pulling capacity of the power winch utilized; a belt-type tow plate or tow sling assembly; a wheel-lift with a retracted lifting capacity of no less than 3,500 pounds; dual rear wheels; and additional safety equipment as specified by the rules in this Chapter.

(15)         Rotation Wrecker Zone means a geographic area which may encompass all or part of a District of a Troop.

(16)         Member means all uniformed personnel of the Patrol who are charged with enforcement duties.

History Note:        Authority G.S. 20-184; 20-185; 20-187; 20-188;

Temporary Adoption Eff. June 9, 2000;

Eff. April 1 2001;

Amended Eff. July 18, 2008;

Transferred from 14A NCAC 09H .0308 Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.