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towing/recovery charges

rlwm211

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I agree and am in the same situation as WreckerMan. I know my insurance is not valid for anything outside of what I am licensed for a.k.a. Historical. It is one thing to pull a friend out of a situation, but comepletely another when you ask for money.
I like my cheap insurance and cheap operation so I will remain a specitator in the game of retreiving other pieces of equipment.

That is all
RL
 

JUNKYARDJOHN

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I have farm on all my trucks & classic/colector car ins. (old guy here with no tickets or accidents)
Here in ky. there are no special restrictions or price reductions. with farm plates the all come due on 3/31 , otherwise it's 365 days from the date that you register them. I'm retired & only drive about 100 or so miles a month, but own 6 old trucks. (crazy huh??) My newest one is my 84 m1009. It's a hobby. :mrgreen: (KEEPS ME OFF THE STREETS) :roll:
 

ichudov

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Chicagoland, IL
Do you guys know if it is legal to at least recover family members on a highway? I am in IL.

I did recover two people with my pickup. Both time it was a teenager who did not know how to drive in icy weather and got stuck in a big pile of snow by my mailbox (two different persons on two diff. times).

I pulled them out of snow with my pickup, no accidents.
 

JUNKYARDJOHN

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I live out in the mountains, in the south, older guy, & still believe in helping out my fellow man when I can. I've been told on several occasions that I'm way to trusting. That being said... I think I'm a pretty good judge of character.. & can ussually tell in about 3 minutes of talking to someone if they're worth snot or not. First impressions are a b!tch & I've been wrong plenty of times, but the old saying " you never get a chance to make a second first impression" is true as can be. I kinda like living out in the country where everything is a little slower. (oh... & I always carry a 45.... not interested in going anywhere I can't) (legally of course) :wink: John
 
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5tonpuller

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Thompson, Pa
I have puller the town trucks out of some nasty places. Snow and ice don't care what you is in.
They under stand. One hand washes the other. For some friends in real trouble, some to help out, ok. But thats about it. As soon as you start doing it for others, thats when things happen. Midnight calls, Way off the beaten path. WOW I was out here to show her what a jeep can do and got stuck, OR hopping to get something extra. Sorry you is drunk and with some bar bimbo.

Some times a helping hand means a lot to people who are really in a short way. All I can do is try. But because of something REALLY dumb?? I pass. Then there is the for the reasons above, It is up to you. You know what could happen.
:deadhorse:My 5 2cents worth.
 
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emr

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Do you guys know if it is legal to at least recover family members on a highway? I am in IL.

I did recover two people with my pickup. Both time it was a teenager who did not know how to drive in icy weather and got stuck in a big pile of snow by my mailbox (two different persons on two diff. times).

I pulled them out of snow with my pickup, no accidents.
U sure can tow bar or pull out anyone u want......tow bar with the correct lights and safety chains , U will be insured in an accident ,at least to pay the other vehicles or property damage. not the one U are towing they may be out in the cold for sure unless u have some awesome coverage... then the ins co.may sue U to recover all costs, thats a long shot if U were doing something crazy and illegal, if all the hook ups and stuff are above board u are fine, now if u are doing it for money with out being a business u would of course be screwed, but thats not what u are asking, u sure can hook to anyone anywhere u like as long as its all done right, and on certain pay roads or interstates u may be required to use there tow, but i have hooked up in alot of places, it is important to look like u know what u are doing here, a flag guy or cones out and go to work and move along....
 

DUG

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U sure can tow bar or pull out anyone u want......tow bar with the correct lights and safety chains , U will be insured in an accident ,at least to pay the other vehicles or property damage. not the one U are towing they may be out in the cold for sure unless u have some awesome coverage... then the ins co.may sue U to recover all costs, thats a long shot if U were doing something crazy and illegal, if all the hook ups and stuff are above board u are fine, now if u are doing it for money with out being a business u would of course be screwed, but thats not what u are asking, u sure can hook to anyone anywhere u like as long as its all done right, and on certain pay roads or interstates u may be required to use there tow, but i have hooked up in alot of places, it is important to look like u know what u are doing here, a flag guy or cones out and go to work and move along....
I assume you're a lawyer or you have at least reviewed the posters insurance before typing out the above advice?

Just remember folks, if you take free advice from a website and it bites you in the a$$ you got what you paid for.

I'm keeping what I worked for and looking out for my family first. If someone has to hire a real, licensed, bonded and insured tow company because I won't help, that's too bad.
 

emr

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I assume you're a lawyer or you have at least reviewed the posters insurance before typing out the above advice?

Just remember folks, if you take free advice from a website and it bites you in the a$$ you got what you paid for.

I'm keeping what I worked for and looking out for my family first. If someone has to hire a real, licensed, bonded and insured tow company because I won't help, that's too bad.
No not a lawyer and as i state in all my posts I give opinions , like everyone else here, i offer an opinion, not shy about saying it like it is, its an opinion, and like i said u can do it , but U take risks, and u are insured that i do know if your premium is paid, and have the coverage U paid for, do not need to see his ins to know that :) , U can be sued like i said maybe u did not read or understand my post, as for protecting your family U should always do that first, I do not see why that is here, but like mine its your opinion and welcome to it, :beer: and as for taking advise from a web site , thats what we mostly do here, and so are u, as U are posting here also, the question was asked so the question is getting ideas , opinions and answers. like is done in every other thread. We tow bar and tow all the time in this hobby, there are grey areas, and some take chances, I will say I have been in an accident with a deuce tow barred to my other deuce , a car slammed into the front of my truck, like i said a glance from the officer saw no red flags... meaning all was neat and hooked correct and was not even mentioned after that, why because u can do it, U can tow bar your car behind your camper too, do u need extra ins ? maybe maybe not thats still up to the individual.So with all said i actually have more than an opinon on this, I have on the job training, :) experience is worth more than an opinion i think,but this is an opinion based web site I think... just sayin... all the best... Randy
 
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oldMan99

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Polk County, Florida
Do you guys know if it is legal to at least recover family members on a highway? I am in IL.
Not in all but IN MOST areas of the country if a person is "Stuck" or otherwise disabled on a public right of way then a properly licensed, bonded, and insured towing service must be used to "Recover" them.

In simple words; If a vehicle on a public road or right of way (The shoulder of the road) runs into a ditch or snow bank or simply pulls off onto a soft shoulder and becomes stuck, a "REAL" Towing service MUST by law be used.

I know on no jurisdiction with such a law that provides an exception if it is your Wife, Mother, Father, Son or any other "Family" member.

Assuming it is a real family member the LEO "MIGHT" choose to over look the incident but they would be fully within their providence to halt the operation, issue citations all around and call an approved wrecker service.

Now if the "Incident" is occurring on private land, not on a public right of way AND DID NOT START ON A PUBLIC RIGHT OF WAY (Meaning it is not a vehicle that went out of control and left the public right of way and traversed onto private land - Also to include a vehicle was on purpose driven off the public right of way using something other than a recognized exit from said right of way (Like a driveway)*** Then anybody that has the desire to attempt a "Recovery" is free to do so.

*** That part means is intended to cover a case "Like" this; An individual is driving along the interstate and sees that traffic is dead stopped. Said individual sees that there is a hole in the interstate bordering fence that leads onto a property that has a street on the other side of it. Said individual departs the paved road surface, crosses the shoulder and any remaining ground to reach the fence (Normally the boundary of the right of way) and crosses onto the private land and then gets stuck.

In this instance, even though it was not a loss of control or other "Accident" that lead to the vehicle ending up on private property the vehicle at question would lawfully be required to hire a real tow service to affect said recovery.

In this case, might you get away with a "Private recovery"? Probably. Unless of course you left obvious tracks from the right of way onto the private property, or a LEO saw you in the process of doing it. In either case the driver will likely be cited for any one of several infractions and "Professional recovery" would be required.

There are (depending on the jurisdiction) very stiff penalties (Up to vehicle impoundment and or fines of up to $1,500) for a non-licensed individual and or a non-licensed vehicle attempting to make a recovery from/on/across a public right of way. Of course there is always room for the LEO to use "Officer Discretion" when deciding how to handle the situation but caution and common sense would certainly be the order of the day.

Generally speaking, the more urban the area, the less likely the LEO will be willing to overlook it (Likely citations for all involved) and the more rural the more apt he is to overlook it (No citations). The OP of this question lives in The Peoples Republic of Illinois, I would be willing to bet that there are not many areas in that state not covered by rules/laws restricting recovery to only licensed operators.

Additionally, ANY use of drugs or alcohol by anyone in the general area is almost guaranteed to be bad news for all parties. Further, the more professional in appearance and behavior of all parties the less likely citations are to be issued. Show "The man" some respect and you have a chance of being ok. Disrespect him and, well, do you really need me to tell you that things most likely will not end up to your maximum liking??

Am I a lawyer? No. But you might want to keep in mind that I used to do recovery professionally (Not towing/hauling, recovery only) and have had just a bit of experience with this area of the process.

And yes, I have sen lots of guys fined for "Illegal recovery". In fact, on one occasion, I was called by LEO to recover the "Rescuer" and the "Stuckee" both since they had both become badly stuck. The rescuer came out first and while I was working on the stuckee a licensed towing company hauled off the "Illegal recovery vehicle" to police impound.

If your going to be running around pulling people out of ditches and whatnot, I would HIGHLY recommend you at least consult a lawyer who practices in the jurisdiction you plan to perform these activities in to determine exactly what is and is not legal activity in your area. $100 spent in an air conditioned office sure beats vehicle impoundment and $1,500 in fines...

I would also HIGHLY recommend that you consult your insurance company and advise them of what you intend to do ans see exactly what is and is not covered in those specific circumstances. (What happens when a cable breaks and hurts or kills somebody, are you covered??)

Your mileage may vary.
 
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Csm Davis

Well-known member
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Hattiesburg, Mississippi
Ok here is my two bits in Mississippi you can help anybody you want but you still need to be careful. Case and point I went to pull out a stuck friend way off road get to where he is stuck and find out he is on someone elses land without permission and now I am trespassing sheriff is called and lucky me I don't get in trouble, buddy not so lucky. And yes I still pulled him out and charged him, I charge everybody not because I need the money but it weeds out anybody not in a real bind. if my f&f don't have or want to pay they get the water hose and scrub brush option :mrgreen:
 

rlwm211

Active member
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Location
Guilford, NY
CSM....absolutely on target as far as the trespassing issue. It is easy to get caught up in the moment that you have a recovery and neglect to observe the essential rules. Trespassing is trespassing.
Around here there is a lot of state land and there are strict rules about what types of machines can be run in them and unlike a lot of places,
in NEW YORK (Bastion of liberal ignorant tree huggers)

"Thou Shalt not cut a State Owned Tree!!!!"

Real offroading has a component of trailblazing and whether it is state owned, or private lands, you are going to get in trouble if you are there against the landowner's consent.

Perhaps that is why around here, it is far more often it is a more pedestrian recovery we engage in. Mud prevails and so does snow at times. As long as you are not in someone's 'Turf' you are ok. It all comes down to jurisdiction and whether you are allowed or not.

That is all!
RL
 

paulfarber

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Gordon, PA
Not in all but IN MOST areas of the country if a person is "Stuck" or otherwise disabled on a public right of way then a properly licensed, bonded, and insured towing service must be used to "Recover" them.

In simple words; If a vehicle on a public road or right of way (The shoulder of the road) runs into a ditch or snow bank or simply pulls off onto a soft shoulder and becomes stuck, a "REAL" Towing service MUST by law be used.

I know on no jurisdiction with such a law that provides an exception if it is your Wife, Mother, Father, Son or any other "Family" member.

Assuming it is a real family member the LEO "MIGHT" choose to over look the incident but they would be fully within their providence to halt the operation, issue citations all around and call an approved wrecker service.

Now if the "Incident" is occurring on private land, not on a public right of way AND DID NOT START ON A PUBLIC RIGHT OF WAY (Meaning it is not a vehicle that went out of control and left the public right of way and traversed onto private land - Also to include a vehicle was on purpose driven off the public right of way using something other than a recognized exit from said right of way (Like a driveway)*** Then anybody that has the desire to attempt a "Recovery" is free to do so.

*** That part means is intended to cover a case "Like" this; An individual is driving along the interstate and sees that traffic is dead stopped. Said individual sees that there is a hole in the interstate bordering fence that leads onto a property that has a street on the other side of it. Said individual departs the paved road surface, crosses the shoulder and any remaining ground to reach the fence (Normally the boundary of the right of way) and crosses onto the private land and then gets stuck.

In this instance, even though it was not a loss of control or other "Accident" that lead to the vehicle ending up on private property the vehicle at question would lawfully be required to hire a real tow service to affect said recovery.

In this case, might you get away with a "Private recovery"? Probably. Unless of course you left obvious tracks from the right of way onto the private property, or a LEO saw you in the process of doing it. In either case the driver will likely be cited for any one of several infractions and "Professional recovery" would be required.

There are (depending on the jurisdiction) very stiff penalties (Up to vehicle impoundment and or fines of up to $1,500) for a non-licensed individual and or a non-licensed vehicle attempting to make a recovery from/on/across a public right of way. Of course there is always room for the LEO to use "Officer Discretion" when deciding how to handle the situation but caution and common sense would certainly be the order of the day.

Generally speaking, the more urban the area, the less likely the LEO will be willing to overlook it (Likely citations for all involved) and the more rural the more apt he is to overlook it (No citations). The OP of this question lives in The Peoples Republic of Illinois, I would be willing to bet that there are not many areas in that state not covered by rules/laws restricting recovery to only licensed operators.

Additionally, ANY use of drugs or alcohol by anyone in the general area is almost guaranteed to be bad news for all parties. Further, the more professional in appearance and behavior of all parties the less likely citations are to be issued. Show "The man" some respect and you have a chance of being ok. Disrespect him and, well, do you really need me to tell you that things most likely will not end up to your maximum liking??

Am I a lawyer? No. But you might want to keep in mind that I used to do recovery professionally (Not towing/hauling, recovery only) and have had just a bit of experience with this area of the process.

And yes, I have sen lots of guys fined for "Illegal recovery". In fact, on one occasion, I was called by LEO to recover the "Rescuer" and the "Stuckee" both since they had both become badly stuck. The rescuer came out first and while I was working on the stuckee a licensed towing company hauled off the "Illegal recovery vehicle" to police impound.

If your going to be running around pulling people out of ditches and whatnot, I would HIGHLY recommend you at least consult a lawyer who practices in the jurisdiction you plan to perform these activities in to determine exactly what is and is not legal activity in your area. $100 spent in an air conditioned office sure beats vehicle impoundment and $1,500 in fines...

I would also HIGHLY recommend that you consult your insurance company and advise them of what you intend to do ans see exactly what is and is not covered in those specific circumstances. (What happens when a cable breaks and hurts or kills somebody, are you covered??)

Your mileage may vary.

And your reference for this is?

You don't get off scott free with a simply 'YMMV' or 'IMHO', not without losing credibility.
 

DUG

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I just see some people who want to have their cake and eat it too.

We want cheap registration so we go Historical (or whatever your state calls it)

We want cheap easy insurance so we go Gulfway or something like that.

We ignore licensing requirements in states that require a CDL.

We also want to use our trucks as a daily driver and we like it when we get called out to rescue someone with our BIG AZZ truck.

Each person can decide for themselves, but in my untrained, unqualified, WAG, if you combine too many of those you COULD end up in trouble. I know exactly how I'm registered, insured, licensed and I decide on how I use my truck. I decided that based on a review of laws, my paperwork and a couple phone calls. Each operator should do the same because everyone's situation is slightly different. Having a guy in one state give you opinion on what he does in his state is silly.

As for the land trains, crazy M105 recoverys, 8 day trips in low gear, overloaded 3/4 tons, etc, etc - think about what you're doing and act in the best interest of yourself and those you share the road with. If you can't afford to do it right, you can't afford it.

As some smart guy on here once said - Just because you CAN do it, doesn't mean you should.

Know your situation inside and out and you'll be better off.
 

swbradley1

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And that's why I paid Sandy's with their 60-ton wrecker to bring my 818 home even though it was only 13 miles and practically on the same street. I work hard for what I have and I don't need some greedy lawyer coming after me.

sw
 

emr

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I actually have been in about half a dozen situations in my life where the law and a stuck truck was involved and I pulled over and pulled em out, one was new jeep who tried to go around the bridge being cool, the police were there and I pulled over and said, i will pull him out if its ok, and they said do and left, I have been stuck and had an officer say to the guy who pulled over in a nice truck, say, Can U get him out of there , and he did and the cop left, as for it being most roads accross the country, that i really do not believe i would have to see that federal law that states this, there is none, but like I said in my previous post s here, pay/toll roads and interstates u are on the clock of the tow service who is on call for that road, other wise U probably have the right to retrieve your own vehicle, [thumbzup]... like everything else, its up to U and just use common sense, for those who are sooo adamant about this, yeesh, thats great u wont do it, just dont tell me i cant, yes I can, and have , and will, all the best again,oh fyi be careful telling people things like there are laws about that or this , state the law u mention, or post it as an opinion like it is, :)
 

porkysplace

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I actually have been in about half a dozen situations in my life where the law and a stuck truck was involved and I pulled over and pulled em out, one was new jeep who tried to go around the bridge being cool, the police were there and I pulled over and said, i will pull him out if its ok, and they said do and left, I have been stuck and had an officer say to the guy who pulled over in a nice truck, say, Can U get him out of there , and he did and the cop left, as for it being most roads accross the country, that i really do not believe i would have to see that federal law that states this, there is none, but like I said in my previous post s here, pay/toll roads and interstates u are on the clock of the tow service who is on call for that road, other wise U probably have the right to retrieve your own vehicle, [thumbzup]... like everything else, its up to U and just use common sense, for those who are sooo adamant about this, yeesh, thats great u wont do it, just dont tell me i cant, yes I can, and have , and will, all the best again,oh fyi be careful telling people things like there are laws about that or this , state the law u mention, or post it as an opinion like it is, :)
There are a lot of times the officer on the scene could careless who pulls somebody out especially if there is a backlog of calls . If thereis no damage they don't want to sit a wait while other calls back up , the faster they clear it up the less chance for a crash from people rubber necking as they go by.
 

oldMan99

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Polk County, Florida
And your reference for this is?

You don't get off scott free with a simply 'YMMV' or 'IMHO', not without losing credibility.
My "Reference"? Not exactly sure what your asking here Paul??

I Never said "YMMV" (Whatever that is) or "IMHO" which I assume if your text messaging short cut for actually typing the words, "In my humble opinion"??.

If you noticed in that post of mine that you quoted, in the 3rd or 4th paragraph from the bottom I did say this though, "Am I a lawyer? No. But you might want to keep in mind that I used to do recovery professionally (Not towing/hauling, recovery only) and have had just a bit of experience with this area of the process."

Since (As I noted in that paragraph and one other post in this same thread), I have literally "Been there, done that, and have worn out a few T-shirts doing it, paid all the bills, taxes, had the City, County and State licenses and a certified, inspected truck and all the proper insurance" Maybe, possibly I might actually know a thing or two about what I was saying.

Then again, maybe not. If that covers your requirement for "Reference" great. If not, then simply ignore me and whatever I have to say and do whatever you feel comfortable doing.

Best of luck,

OM99
 

oldMan99

Member
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Location
Polk County, Florida
I actually have been in about half a dozen situations in my life where the law and a stuck truck was involved and I pulled over and pulled em out, one was new jeep who tried to go around the bridge being cool, the police were there and I pulled over and said, i will pull him out if its ok, and they said do and left, I have been stuck and had an officer say to the guy who pulled over in a nice truck, say, Can U get him out of there , and he did and the cop left, as for it being most roads accross the country, that i really do not believe i would have to see that federal law that states this, there is none, but like I said in my previous post s here, pay/toll roads and interstates u are on the clock of the tow service who is on call for that road, other wise U probably have the right to retrieve your own vehicle, [thumbzup]... like everything else, its up to U and just use common sense, for those who are sooo adamant about this, yeesh, thats great u wont do it, just dont tell me i cant, yes I can, and have , and will, all the best again,oh fyi be careful telling people things like there are laws about that or this , state the law u mention, or post it as an opinion like it is, :)
With all due respect and absolutely no condescending attitude intended:

Of course there is no Federal law stating this, and I never said or even inferred that there was. The laws that cover it would be on the City, County and State level. And there are plenty of them. You are most welcome to check with your local government officials and legal team to verify.

The laws stem from both liability, and financial concerns. The financial concerns are many. The various jurisdictions want money and they get this money various ways. Selling business permits is one way to generate money. Collecting taxes on the businesses they have sold licenses to generates money. Requiring that the job be done by a licensed, insured operator helps protect the City/County or State responsible for the road from liability.

Additionally, since there are companies that do this for a living and pay a lot of money for their licenses, insurance and so forth those businesses do not want Billy Redneck in his Jeep, F350 or MV but no license, insurance or training out doing what it is that they get paid to do so they put pressure on the various legislative bodies responsible for the area to enact the laws restricting this kind of activity to those with proper licenses, insurance and training.

I did say "Most areas" and I specifically did not say "All areas". Give your local District Attorney's office a call and ask them if it is legal for you to play amateur tow truck/recovery operator (On/from or across public roads and rights of way) or not and see what they say. Better yet, ask your lawyer since he is the one that is going to have to try to defend you against the tickets you receive.

Also keep in mind that all sorts of things can go wrong during a recovery attempt. Equipment/vehicles/other property can get damaged, people can get seriously hurt or killed. You kill somebody during your amateur recovery attempt I sure hope you have millions of dollars of insurance coverage (That will actually cover this specific activity) and a legal team on retainer because the resulting law suits will sure be a lot of fun.

We are all adults here, or at least mostly all of us are. As an adult you are responsible for your own actions. This responsibility covers Moral, ethical and legal, (legal including both civil and criminal) issues and ramifications. Far be it for me (Some dork on the internet you have never met) to tell you what to do. I'm certainly not going to tell you what is legal and what is not legal, especially in another jurisdiction than my own. I can however relate my personal experience, in this case as a licensed, bonded, insured and trained practitioner of the activity that was questioned by the OP.

As a lawyer I know says, "Good intentions frequently lead to great lawsuits".

Also, a somebody just a few posts ago noted, "Just because, "You can", does not necessarily mean, "You should". I can not tell you how many times I have said that one....

The subject has been discussed. Issues have been discussed. Some of the hazards of doing so have been addressed.

As noted, adults and responsible for their own actions. Conduct yourself accordingly.
 

oldMan99

Member
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Polk County, Florida
Just FYI for anybody that might be interested:

Landing New Jersey is a small settlement and unincorporated area located within Roxbury Township, New Jersey.

A quick call to the the Roxbury Township Police Department, Shift Supervisor Office, the following question was asked:

"Sir, I am not a towing company and am in now way licensed to do towing or recovery operations, but I do have a nice 4x4 with a winch. If a friend calls me and says he is within in the boundary of Roxbury Township and is in a ditch and that ditch is on/in the public right of way, am I allowed to go pull him out or must I be licensed to do so"?

The answer from the Police Shift Supervisor:

"No, that is not legal and you would probably get a ticket".

The Officer seems very nice and was patient and a brief conversation ensued.

I asked if it was all on private property and did not involve public roads or the public right of way. He said that assuming your not trespassing on somebodys land it is no problem, your free to do as you please, at least as far as the PD is concerned.

I also asked if "as far as he knew/was aware" (Since every jurisdiction is different) was this generally typical of most of the areas covered by Morris County (The county that Roxbury Township is in).

He said that as far as he knows through out all of Morris county there are restrictions, laws, regulations covering that sort of activity on public roads and rights of way and that he believes that anywhere in the County you would likely get a ticket for doing that.

Of course he also said that, (In his or any other jurisdiction) Officer discretion can play a part and that it would all depend on the circumstances and that it is possible that the Officer on site may overlook and not issue citations.

Hope this is helpful and taken in the friendly spirit of comaradare that it is intended... :)
 
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