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Tow Drivers Responsible For Cleanup

WHO’S SUPPOSED TO PICK UP AFTER THE WRECKS? Peter Ives called to ask that question, which comes in frequently from metro-area drivers. Just who is responsible for cleaning up after an accident leaves car parts in the street – like those he recently encountered in the Country Club area near Downtown Albuquerque? Peter says there was debris on the road and wonders who is supposed to sweep up the glass and remove the bumpers.

Back in 2004, a lieutenant in the Albuquerque Police Department’s Traffic Section said in this column that “tow-truck operators who respond to tow cars for the police department are responsible for sweeping up debris on the street.” But he also explained “there are many collisions (that) do not require a tow truck, and drivers may not request a police officer to respond. This may explain some of the debris on the roads and shoulders.”

Mark Motsko, who handles information for the city’s Department of Municipal Development, says that policy still holds true, and “if vehicles are towed, then the towing company is supposed to clean up the site to the best of their ability.”

And if the vehicles were drivable?

Then drivers who observe debris in the road that poses a potential hazard should call 311, Motsko says, and Street Maintenance will take care of it.

WHO CAN YOU CALL ABOUT THE BOOT? Marisatexas emails this question about an eatery on Yale across the street from the University of New Mexico.

The bottom line? Several businesses share “a very crowded parking lot” with “these pathetic little signs that do NOT helpfully indicate to drivers which spots (are for one business in particular) only and which are for all the other business. I made the big mistake of parking in one of their unmarked spots today, went into a nearby business for 5 minutes and by the time I went back to my car, there was a boot on my rear tire and note taped to my windshield to call a phone number. They were able to boot so quickly because they have a full-time employee who sits inside the restaurant and scouts for “violators.” I called the number and (was told) I had to pay $60 to have the boot removed – $60 in CASH only. I explained that it was an honest mistake, that I had been parked for only 5 minutes, etc., but he was not moved. I am not a UNM student, but I can imagine how much $60 cash could really hurt any student – and students seem to be primary customers in this area.

“I can’t imagine the number of customers they’re able to do this with, but given that it’s a cash-only transaction, I’m sure they’re not exactly reporting any of this to the IRS either. They’re making out like bandits.”

The email wraps up by saying “the people who work in the businesses around them seem very annoyed … and said they witness innocent parkers get(ting) hurt by this scheme all the time. I know it’s a private parking lot, but I wish someone would call out (the business) for this unreasonable and despicable practice.”

It’s about more than calling out one business; it’s about all Albuquerque businesses that boot adhering to sign reforms the City Council passed last year to protect consumers.

And according to a new city ordinance enacted in August, lot owners who boot now have to issue a receipt if they charge for parking – by an attendant, an on-site machine or via a credit-card payment method.

In addition, they must have two 2-foot-by-3-foot signs explaining that illegally parked vehicles will be booted, the fee for boot removal and contact information for the company installing the boots. Also, the fee to remove a boot is capped at $75, the booting company must have a phone number manned 24-7, and when the company is called, it must remove the boot within an hour.

It sounds like the signs might be an issue in this case – Diane Dolan, policy analyst for Albuquerque City Councilor Isaac Benton, who led the reform, says “APD is responsible for enforcement. Reports can be made to 242-COPS when illegal booting has occurred.”

Assistant editorial page editor D’Val Westphal tackles commuter issues for the Metro area on Mondays and West Siders and Rio Ranchoans on Thursdays. Reach her at 823-3858; road@abqjournal.com; P.O. Drawer J, Albuquerque, N.M. 87103; or go to abqjournal.com/traffic to read previous columns and join in the conversation.
— This article appeared on page D1 of the Albuquerque Journal


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