GEORGE NEWS - A tow truck driver will make his second appearance in the George Magistrate's Court yesterday, Thursday 12 February, following an incident in the Kaaimans Pass between George and Wilderness on Saturday 17 January.

Jody Hess, a staff member of CMS Towing, was arrested after an altercation with a provincial traffic officer on the scene of a motor vehicle accident.

The police were reportedly assisting some provincial traffic officials on the scene. The circumstances leading up to the altercation and arrest have not been disclosed, however, the incident was allegedly sparked when the traffic officers asked Hess to leave the scene.

Hess faces charges of assaulting one traffic officer, obstruction of justice, failing to comply and resisting arrest. He was released on a warning and appeared in court on Thursday 22 Ja-nuary, when the matter was postponed.

In response to the paper's enquiries, the Western Cape Mobility Department said the matter is currently before the court and it is therefore unable to comment on the incident at this stage. It said further comment may be provided once the legal process has been finalised.

According to CMS Towing owner Christo Muller, the company has been victimised on accident scenes and its staff are allegedly being chased away by traffic officers, while other towing services receive preferential treatment, even in cases in which CMS Towing was first to arrive on the scene.

This, according to him, was the spark that fired the fight.

Utasa gives clarity

Ettienne Pel, the chairperson of the United Towing Association of South Africa (Utasa), said he is aware of the case. 

"Allegations are often raised by different companies or operators. I have received various complaints regarding issues at crash scenes and reviewed new videos, but will await the outcome of the criminal matters currently before the court," he said.

Pel said it is important to note that arriving first on a crash scene does not in any way constitute a right to tow a motorist's vehicle. Only the owner, driver or any other person who may take lawful ownership of the vehicle at the time may authorise its removal. 

"If the owner or driver contacts their insurer, the insurer then acts on their behalf and may appoint a service provider present on the scene, provided that the provider is approved by the insurer and confirmed with the client."

Pel also noted that no law enforcer may authorise a towing company to tow a motorist's vehicle unless the vehicle is being impounded, in which case their contracted towing company must be used. "Law enforcement has no legal right to enter into a contract between the motorist and a towing company."

Where the driver or owner has been killed in a crash and no direct family is present on the scene, the vehicle must be impounded by the police.

According to Pel, this applies only to crash scenes and not to stationary vehicles causing an obstruction. In such cases, law enforcement may enforce Regulation 320 of the National Road Traffic Regulations.

This allows them to remove or tow a vehicle left on a public road that causes, or may cause, an obstruction or danger, even if no crash has occurred.

The owner is liable for the costs and vehicles may not be left standing for extended periods without being moved.

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