2.1 ALONG THE PLUS NORTH-SOUTH HIGHWAY
2.1.1 First Come First Tow: first CSA arrives at the scene, has the right to choose TWO vehicles (any of them). If the car owner refuses the services of the first CSA, then he is not allowed to choose other cars. The second CSA who comes later thereafter, will have the right to be “on queue” first.
2.1.2 Accident Scene Marker: from center of scene – 100 meter. To prevent discrepancy, please provide scene photo as proof.
Refer to the diagram:
A) If the accident happens at point A, 100meter will be referred to the meter marking from 360.00 to 360.10
B) If the accident happens at point B, 100meter will be referred to the meter marking from 360.10 to 360.20
C) If the accident happens at point C, 100meter will be referred to the meter marking from 360.00 to 360.20
2.1.3 Counter: Either a CSA Car or a Tow Truck however, the CSA or Tow Truck driver must have a valid FAWOAM Authority ID card. In the event there is a dispute, member workshop owner must hold the responsibility to resolve any issue that occurred at scene
2.1.4 Tow truck must be equipped with NTS Equipment like First Aid Box, Safety Cones, Hand Blinkers, Beacon Lamp, painted Amber Color
2.1.5 CSA Car must be clean and roadworthy, lined on BOTH sides with a 6-inches height Amber Stripe longitude from front fender to rear quarter panel, must be equipped with First Aid Box, Hand Blinker, Safety Cone and a Detachable Amber Color Beacon Lamp
2.1.6 All Personnel (Tow Truck Drivers, CSA and Workshop Proprietors or Directors) must be properly attired with FAWOAM Safety Vest and Long Pants with proper shoes, and must Carry FAWOAM Authority ID Cards
2.1.7 During highway operation the travelling flow of the first arrived tow truck must be in the same travelling flow of the accident vehicles. Any tow truck travelling on the opposite traffic flow direction of the scene will not be considered as “first arrived” tow truck irrespective of when it reach the scene.
2.2 TOWN/CITY AREAS
2.2.1 First Come First Tow: first at the scene to choose ONE vehicle, thereafter “on queue” basic.
2.2.2 Counter: Tow Truck (within Ipoh Traffic Police control area and inclusive of Batu Gajah and Parit; Outside these areas, CSA Cars can be used as Counter)
2.2.3 Tow Truck must be equipped with NTS Equipment.
2.2.4 Tow Trucks drivers must be attired with Safety Vest with Long Pants and Proper Shoes; and must carry FAWOAM Authority ID Cards.
2.2.5 Should a first-to-reach Tow Truck arrives at an accident scene with another vehicle in-tow the first-to-reach Tow Truck will NOT consider as First tow truck in the “First Come First Tow” arrangement.
3.1 CONSENT OF CAR OWNERS
3.1.1 All cars towed must be with Owners’/Drivers’ consent with the “Authority To Tow” form properly signed.
3.1.2 For cases of incapacitated Driver/Owner in case of an accident, the tow truck driver shall tow the vehicle to the nearest Police Station
3.1.3 Towing Charges for Accident-Damaged Vehicles
TOWN/ CITY:
For the FIRST 20 km during DAYTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
For the FIRST 20 km during NIGHTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
PLUS HIGHWAY (Road Toll NOT INCLUDED) :
For the FIRST 20 km during DAYTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
For the FIRST 20 km during NIGHTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
This will be payable either by the Car Owner or the eventual Workshop whom the Car Owner may have assigned to repair; and the “First Come First Tow” tow truck must have towed the vehicle to the police station as request by the Car Owner or the assigned Workshop.
3.1.4 Towing / Carriage Charges for BREAKDOWN Vehicles:
TOW TRUCK Charges:
TOWN/ CITY:
For the FIRST 20 km during DAYTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
For the FIRST 20 km during NIGHTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
HIGHWAY (Road Toll NOT INCLUDED) :
For the FIRST 20 km during DAYTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
For the FIRST 20 km during NIGHTIME : A fair reasonable charges should be applied, subsequently per KM rate will be imposed for the distance.
3.2 OPPORTUNITY TO “FIRST ARRIVED TOW TRUCK”
3.2.1 If the Car Owner refuses the service of the “first arrived” Tow Truck as he may have his own Workshop Service Provider, the “first arrived” tow truck is allowed to make his effort to pitch and close his sales. However, upon the arrival of the Car Owner requested Workshop Service Provider at the scene, and yet the Car Owner refuses to accept the “first arrived” tow truck offer, the “first arrived” tow truck must leave the scene UNLESS Clause 3.2.2 applies.
3.2.2 To promote goodwill, the Workshop Service Provider, with the consent of the Car Owner may offer the first arrived tow truck the opportunity to tow the vehicle to the nearest Police Station or the Workshop Service Provider’s workshop and pay him the towing fee as stated in 3.1.3.
3.2.3 However, should the “first arrived” tow truck driver decline or not willing to provide any tow services to the Workshop Services Provider as exercised under clause 3.2.2 then the Workshop Service Provider is not required to pay any fees to “first arrived” tow truck as no service was granted.
3.2.4 In the event the Car Owner refuses his consent for Workshop Service Provider to exercise clause 3.2.2 and with the first arrived workshop willingness to accept the Workshop Service Provider offer under clause 3.2.2 then the Workshop Service Provider is required to provide the first arrived tow truck according to clause 3.1.3 which will not be recoverable from the Car Owner.
3.3 COLLECTION OF CARS FOR REPAIRS
Members are NOT TO POACH for cars that have been towed into the Workshops. If a Car Owner chooses to have his car repaired at a Second Workshop the following rules on handling and its costs will apply.
3.3.1 WITHIN 48 HOURS from time of accident
3.3.1.1 PAWOA recommend to pay the Towing Fees as per clause 3.1.3.
3.3.1.2 Pay Attendance/Service charges for incident management and additional tow truck fee if a second unit is used to recover the vehicle PROVIDED that the photographs of accident scene are provided to shown as such.
3.3.1.3 The maximum TOTAL amount payable by the Second Workshop shall be according to the clause 3.1.3
3.3.2 AFTER 48 HOURS from time of accident.
3.3.2.1 PAWOA recommend to pay the Towing Fees as per clause 3.1.3
3.3.2.2 Pay Attendance/Service charges for cranage Fees or additional tow truck fees if a second unit is used to recover the vehicle PROVIDED THAT photographs of accident scene are provided to show as such.
3.3.2.3 PAWOA recommend a fair reasonable storage charges should be imposed. (Different rate can be applicable on storage charges for covered storage or open area)
3.3.3 IF CAR OWNER HAS CONSENTED AND CLAIM FORM HAS BEEN SIGNED, WITH THE FOLLOWING DOCUMENTS GIVEN FOR PROCESSING :
3.3.3.1 JPJ Registration Card;
3.3.3.2 Insurance Policy and/or Cover Note;
3.3.3.3 Owner’s / Driver’s Identity Cards and Driving License;
For Member Workshops :
The Collecting Workshop is liable to pay all charges mentioned in clause 3.3.2. PLUS a reasonable lump sum fee imposed which is inclusive of the estimation fees.
For Non-Member Workshop (Franchise Workshop included) :
The Collecting Workshop is liable to pay all charges mentioned in clause 3.3.2 PLUS a reasonable lump sum fee imposed which is inclusive of the estimation fees.
3.3.4 ACCIDENT VEHICLE COVERED BY THIRD PARTY INSURANCE POLICY
3.3.4.1 If the accident vehicle is covered by a Third Party Policy, all the charges stated in clause 3.2.2 will not be applicable and only the towing charges incurred will be chargeable PROVIDED ALWAYS THAT the Second Workshop must show Proof of Third Party Coverage by providing a copy of the Third Party Insurance Policy / Cover Note to the First Workshop.
3.3.4.2 In the event that the accident vehicle was subsequently found NOT to be under a Third Party Insurance Coverage, the Second Workshop will have to reimburse the First Workshop a sum THREE times that provided for under clause 3.3.3.
PLEASE NOTE :
A) ALL THE ABOVE CHARGES ARE TO BE PAID BY “SECOND” WORKSHOP
[Workshop should not use this “MOU” among members to coerce or influence Car Owner to PAY or to “muscle” fellow Workshop to release Vehicle]
B) IF NEED TO RECOVER FROM CAR OWNER, ONLY THE TOWING (plus CRANAGE FEES if incurred) AND STORAGE CHARGES ARE RECOVERABLE
[It is assumed here that the Second Workshop is taking the car from the First Workshop knows and has to accept this “MOU” element. The extra costs has to be bored by the second Workshop]
C) ALL TRANSACTIONS MUST BE ACKNOWLEDGED WITH OFFICIAL RECEIPTS BY THE “FIRST WORKSHOP”
[Such practices will ensure transparency and easy of reference in case of disputes or complaints]
D) IF SUBSEQUENTLY IT IS FOUND THAT THE SECOND WORKSHOP HAS USED THE “CUSTOMER-TO-COME” APPROACH TO INFLUENCE OR COERCE THE FIRST WORKSHOP TO RELEASE THE CAR, THE SECOND WORKSHOP WILL HAVE TO PAY “TRIPLE” THE CHARGES PROVIDED FOR IN CLAUSES AND SUB-CLAUSES OF 3.3 WHEREVER APPLICABLE TO THE FIRST WORKSHOP.
[At all counts, Second Workshop intending to repair the car must be Professional and ethical not to the use the “Customer To Come” approach to avoid the terms of our “MOU”. You want the business, you must bear this cost]
E) The 48-hour rule is calculated from the moment of the accident; if the driver / owner in the event of a car accident has lost his ability to cope or unconscious, the 48-hour ordinance will be counted from the moment he is alerted and at the time of lodging a police report.
4.1 Storage Charges
4.1.1 All Total Loss vehicles stored at members’ workshops by Insurers will incur a fair and reasonable storage charges. However the charges may vary from the size of the vehicle, and with covered roof or open area.
4.1.2 The above storage charges will become chargeable 14 days from the Date of Advice the Total Loss status by the Workshop PROVIDED at all times the Workshop must have notify in writing within 7 days from the date of the total loss status by either the Loss Adjuster and/or Insurers.
4.1.3 Workshop handling and storing total loss vehicles must ensure the “as where it is” condition of the totaled vehicles; and to ensure that the totaled vehicle is “complete and wholesome” where the original accident damage photographs of these vehicles must be available. Any missing or removed parts must be accountable and documented and will be discounted at the prevailing Used market prices against the storage charges where applicable PROVIDED ALWAYS THAT the Workshop is NOT liable for damages due to wear and tear as a result of corrosion and / or weather conditioning
4.2 Collection of Total Loss Vehicles
4.2.1 Buyers of total loss cars or wrecks in collection of them must abide by the working hours of member workshops as mentioned in clause 6.0.
4.2.2 Fees collectible from Buyers will include:-
a) ACTUAL TOWING FEES (With cranage fees, if incurred, at cost)
b) ATTENDING FEE
c) STORAGE CHARGES (calculated from Day 15 from date of accident)
d) PUSPAKOM INSPECTION & HANDLING FEES
[Members to take note that when they purchase “Total Loss Wrecks” they have to observe this ruling. Member Workshop holding “Total Loss Wrecks” may waive or charge such attending fees, storage charges and Puspakom inspection and handling fees ruling at their discretion, but CANNOT charge anything greater than the recommended CHARGES.]
|
ALL COLLECTIONS MUST BE ACKNOWLEDGED WITH OFFICIAL RECEIPTS WITH DETAILED BREAKDOWN OF CHARGES.
|
5.1 FOR REPAIRABLE ACCIDENT DAMAGED VEHICLES
For outstation Workshops collecting accident damaged vehicle, the following will apply:-
5.1.1 IF WITHIN 72 HOURS, a reasonable flat rate will be imposed
5.1.2 IF AFTER 72 HOURS, a reasonable flat rate plus Storage Charges will be imposed 5.1.3 IF AFTER 72 HOURS AND CLAIM FORM SIGNED WITH ALL MV DOCUMENTS GIVEN, a reasonable flat rate plus the Storage Charges will be imposed
[Under this circumstance, the “First” Workshop must provide all given MV documents, Police Reports and prepared Estimates in MRC-format to the “Collecting” Workshop].
5.2 FOR TOTAL LOSS VEHICLES
The Rules governing the State arrangement will be applied.
6.1 FOR TOW FEES CALCULATIONS
DAYTIME - 07:00 am – 06:59 pm
NIGHTIME - 07:00 pm – 06:59 am
6.2 FOR RELEASE OF VEHICLES
OFFICE HOURS : 09:00 am to 05:00 pm (MON – FRI)
09:00 am to 01:00 pm (SAT)
CLOSED : a) SUNDAY
b) GAZETTED PUBLIC HOLIDAYS
c) FIRST 6 DAYS OF CHINESE NEW YEAR
| NOTE : THE ENGLISH VERSION OF THIS RULES AND REGULATION IS MAINLY FOR REFERENCE. ANY INTERPRETATION SHALL REFER BACK TO MANDARIN VERSION AS STANDARD |
