Wrecker driver ticketed $750 for unauthorized tow

02:21 PM CST on Sunday, January 9, 2005

By Carolyn Mungo / 11 News

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We've heard about all kinds of problems with the city's new Safe Clear program. There is now a new wrinkle in the plan. A tow-truck driver entered uncharted territory and seemingly everyone involved wound up with a ticket.

Drivers have done it for years. Stall out on the side of the freeway, call your motor club to dispatch a tow. Typically that is a good thing, but not now.

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The officer wrote Ruben Lozano a ticket for $750.

"The owner to the car called another wrecker to pick it up and he's not no Safe tow wrecker and he's not authorized to pick it up," said Willie Gaines, Safe Clear tow truck driver.

When Jerry Martins' car stalled he was told Lozano's wrecker service would be there in 10 minutes.

"About three minutes, maybe even less, this T&T Motors showed up and they said I had to use them," Martin said.

Lozano's wrecker service isn't part of the new Safe Clear tow program. It's not allowed to tow on that stretch of roadway, but it did.

"Yes I towed it because the owner requested me to tow it," said Ruben Lozano, wrecker driver.

Lozano may have towed the car to a lot, but he had company. The Safe Clear wrecker driver followed him and called the law.

"We called the police and the police come out here and now the police is fixing to give this other wrecker driver a pocket full of tickets," said Gaines.

"The freeways are not owned by the City of Houston. That's a state freeway there," Lozano insisted.

Police listened, but then wrote Lozano a ticket for $750.

Just when you thought the fines were over -- "They're telling me I that I have to pay them $75. They're even now telling me I still have to pay the $75, even though they didn't pick the vehicle up," Martin said.

Martin plans to help Lozano fight the ticket in court.

For those of you upset about the mandatory $75 towing fee, you might want to keep your ears open to what Mayor Bill White has to say next week.

He will be announcing his decision, on whether the city will pick up the bill for stranded motorists who cannot afford to pay the fee.

The mayor hasn't given specifics on who won't have to pay or where the city will get the money for it.