Hold Harmless Legislation is intended to allow responders to push vehicles blocking travel lanes off to the side of the road without legal liability from the vehicle owners. PA 303 of 2014, MCL a(5)-(7)

Objectives and Goals A hold harmless law furnishes immunity to incident responders from civil liability in connection with removing vehicles and cargo involved in traffic incident and obstructing adjacent traffic flow. 37% of Jurisdictions have hold harmless laws applicable to traffic incidents involving immobilized vehicles or abandoned vehicles. 36% of jurisdictions have laws protecting incident responders removing nonhazardous spilled cargo or debris.

Towing Companies Towing companies are key stakeholders within incident management. The duties and responsibilities of private tow companies mandate their consideration as major stakeholders in Quick Clearance Practice. Towing companies play an indispensable role in effecting incident removal and restoring affected road sections to normal operation.

Liability Concerns for Towers When a minor traffic incident occurs, the first responder towing company may refrain from pushing vehicles from travel lanes immediately because of liability concerns about additional vehicle damage or accidental inflation of air bags. These liability concerns are especially apparent during truck accidents because overturned trucks and semi-trailers often carry heavy cargo loads. Therefore, towing companies may delay action while determining whether to call the spilled load “junk” or elect to use a more time consuming method of removing the cargo from the scene in order to preserve the value of the personal property prior to removing the semi truck, trailers or vehicles that are blocking freeway lanes.

Limiting Liability for Quicker Clearance Prior to implementation of the legislation, the primary concern during a recovery operation was preserving the semi-truck’s cargo or limiting post-accident vehicle damage during the towing process. For example, a towing company would: Unload cargo prior to moving the disabled vehicles or trailers from travel lanes, or Use deliberative and time consuming towing and recovery techniques and equipment such as airbags. The inclusion of towing companies within Michigan’s Hold Harmless protections now permits towing companies to quickly clear incidents without concern for potential liability. The hold harmless law allows towing companies to be treated the same as first responders under the law. For example, firefighters have long been held harmless for the excess damage a Jaws of Life may have on a motorists vehicle. Towing companies are now treated similarly to these firefighters when clearing traffic scenes that are blocking roadways. These laws also speed up the decision making process at a major freeway incidents by law enforcement and governmental agencies.

Example Discussion: Over turned semi-trailer in Saginaw, MI late last year, which immediately blocked all three lanes on I-75 south bound. Mike’s Wrecker responded to the scene and was able, prior to unloading the semi’s cargo, to swing the tractor trailer toward the shoulder, thereby unblocking two of the three traffic lanes within minutes. This allowed for backed up traffic to be cleared and reducing the chance of secondary incidents. With the new law in place the tower would not have liability for secondary damage.

Push Bumper Technology A light duty one-ton tow truck demonstrates the use of the new Push Bumper technology, which will be integral to Quick Clearance of accidents involving small vehicles, such as cars or vans. The technology uses a specialized front bumper mounted on the tow truck or service vehicle to push a vehicle from behind to a safer location. The bumper is designed to push vehicles for a limited distance without damage to either vehicle. The technique can be used to quickly relocate stalled vehicles that are blocking the roadway or right-of-way from hazardous locations when safety is a factor. This will help to clear stalls in a fraction of the time normally needed for full towing hook-up and reduce the potential for secondary collisions.

Incident Responder Hold Harmless Law Comments and Benefits made by key stakeholders in participating TIM Hold Harmless States. “It gives DOT the right and responsibility to remove vehicles, cargo, and other objects from the roadway.” … New Jersey DOT “Supporting the quick removal of blocking vehicles.” … Washington State DOT “The law supports the interagency effort of clearing minor incidents to avoid secondary crashes.” … Wisconsin DOT - District 2 “Being able to easily remove vehicle obstructing the roadway” … Wisconsin DOT – District 3

Quick Clearance and Hold Harmless Traffic incident management tools were at work to open freeways during Salt Lake City Olympics in 2002 when an over turned truck that threatened to complete block access to the Olympic Stadium.

Matters for Attention Hold Harmless laws do not provide absolute immunity. Towers are still liable for: Gross Negligence, or Recklessness. Towers should ensure the following circumstances exist for immunity: A governmental agency orders them to an accident scene and/or to act, An accident has occurred, and The roadway or right-of-way is “blocked”, or there is a “danger to public safety.” The subsequent towing transport of the vehicle or its cargo from the incident and any damage during that transport are exempt. The Hold Harmless legislation does not mean that towing companies will be sued less frequently. A motorist may still to pursue legal action, but towers now have a stronger defense when such legal action is taken.

Recommendations Coordinated Traffic Incident Management Quick Clearance standards, including proper quick clearance handling of towing or recovery operations, such as: Single lane up-righting of a loaded tractor trailer within a 24 ft. lateral space, Various techniques for the relocation of overturned heavy trucks, including from travel lanes while loaded, Safe work zone techniques, including: use of arrow board technology, flares and and traffic cones, Containment and mitigation of accidental discharges of motor vehicles fluids. Coordinate Incident Management Training for towing companies. Research potential Implementation of training and testing requirements as part of towing rules and regulations for incident responders, such as: Require HazMat licensing for heavy duty recovery operators. Require incident management training and testing. Require that incident responders have certified supervisors on scene during major recovery operations