Thursday, January 14, 2010

"Towspace" Goes Live


It's a new towing network created by a tower. Here's some info from the "About" page:
Hello Everyone and welcome to TOWSPACE.NET... My name is John Beauman Jr from Lockport,New York. I am the operations manager for Beauman`s Garage / Red`s Towing a business that was started by my grandfather and is currently run by my father. We run 10 trucks ranging from light to heavy duty for both towing and recovery services.

TOWSPACE.NET is built for the tower by a tower and is meant to be an all NEW place for the persons involved in every aspect of towing and recovery. With lots of great features I am sure you will grow to love and have fun with. The big thing is bring on your recovery videos!!!!!! Yes upload your videos right to the site and lets get the conversations going!!!!. I hope you all enjoy networking here on TOWSPACE.NET Jr

Palm Beach (FL) County Toughens Tow Truck Rules

Here's the Sun-Sentinel story:

Tow truck drivers now need a towing license, ID badge and more insurance to do business in Palm Beach County.

County commissioners Tuesday beefed up the rules for towing operations, trying to head off consumer horror stories of damaged vehicles and automobiles virtually held hostage by inflated charges.

The new rules expand licensing requirements to all tow truck operators, beyond just those who work with police or remove illegally parked cars.

Tow truck drivers called to help with a flat tire or to retrieve a car that won't start will soon be required to wear an ID badge showing who they work for and that they are licensed by the county.

To get a license, tow truck drivers must pass a criminal and driving background check. The drivers will have to carry insurance to cover potential damage from towing. Licensed tow trucks should also have a decal showing they meet county standards.

The idea is to protect customers against unscrupulous tow truck operators, blamed for damaging vehicles and jacking up prices while leaving stranded drivers with little legal recourse.

"This is one of the little things county government works on to keep people safe," Commissioner Jeff Koons said.

Licensing fees for tow truck drivers will start at $300 and go up to $600 for those who handle "non-consent towing," which includes illegally parked cars. The county's rules also include maximum rates for vehicles towed for illegal parking.

Tow truck operator Cameron Bragg of West Palm Beach was among those opposed to the new regulations.

"It's going to drive up the costs of tows," Bragg said. "Not everybody can afford these extra fees."

Other longtime county tow truck operators hailed the new rules as a way to weed out operations that have been below the county's regulatory radar.

The county's towing truck advisory board, which includes towing company representatives, helped craft the new rules.

"Everything in here is what you would consider good business practices," advisory board member Herb Goldstein said.

Andy Reid can be reached at abreid@SunSentinel.com or 561-228-5504.

IN Tow Truck Driver Hit

Hoping for a quick recovery for 35-year-old tow truck driver Mark Daily who was hit on the side of the highway on Tuesday, Jan. 12. Here's the WXIN TV story:

INDIANAPOLIS - Police say 35-year old Mark Daily was outside his tow truck, helping a broken-down vehicle on the side of the highway when a van came along and ran over him. Police say that driver, 40-year old Ronald Stevens did not obey the move-over law. And they cited him for unsafe lane movement and following too close.

"Driving becomes so second nature to people that they don't give it the attention that it deserves," said Sgt. Dave Bursten of the Indiana State Police. "And just that moment lapse of attention to what you're doing can have catastrophic results. We're very, very fortunate that this did not end up being a multi-fatality crash."

The accident involved three other vehicles, including a military Humvee and two other people had minor injures. Everyone is expected to recover.

Charges Dropped In Cape Coral, FL-tTowing Incident

Here's the story from The News-Press:
Elvis won't be singing "Jailhouse Rock" and Capt. Jack Sparrow won't be thrown in the brig.

During a court hearing Tuesday, prosecutors dropped misdemeanor battery charges against the two men, who, dressed in costumes of the King and the famous Hollywood Pirate, were arrested Halloween weekend during a disturbance outside a Cape Coral bar.

Mark Oefinger, 36, of Cape Coral, who was dressed as Captain Jack, and Brian Gibens, 31, dressed as Elvis, were accused of roughing up wrecker driver Alexander Arocha-Diaz, 34.

However, there was no evidence either man battered Arocha-Diaz outside The Dek Bar on Southeast 15th Avenue, said Oefinger's attorney, Aaron O'Brien.

Witnesses later came forward to say Oefinger and Gibens never touched Arocha-Diaz and the battery charges were dismissed, O'Brien said.

Both men said they were glad they won't be spending as much as a year in jail on the battery charges.

"I'm happy with the way it turned out," Oefinger said.

"I'm really happy, but the case should never have gone as far as it did," said Gibens.

Arocha-Diaz could not be reached for comment.

Arocha-Diaz, according to police reports, told officers Oefinger, who was dressed like a pirate, and Gibens, wearing Elvis clothing, pushed and held him to prevent him from towing a car in the parking lot of a church next to the bar.

Arocha-Diaz said he could see the men's faces and later identified them as the men who allegedly accosted him.

However, "nothing like that happened. We just stood there. We never touched him," Oefinger said.

He said he and Gibens came to the aid of the car's owner, who was from out of state.

"We saw that this car with an out-of-state tag and thought, 'this poor guy is going to have his car towed,'" Oefinger said.

He said he and Gibens tried to talk Arocha-Diaz out of towing the car.

"That's when the owner came out, got in his car, and left," Gibens said.

"The tow truck driver was ... really belligerent," Gibens said.

Gibens said the wrecker driver then accused them of assaulting him.

Wednesday, January 13, 2010

Tragic Crash, Steep Recovery for CO Towing Company


Photo by JERRY McBRIDE/Herald Animas Towing & Recovery employees, from left, Robert Hook, John Sites, Kenny Jenkins and Mark Mackie work to recover a car Tuesday that went down a steep embankment at the Twilight Peak pull-out on U.S. Highway 550 near Coal Bank Pass. Authorities said the victim was from Las Vegas.
Story from the Durango Herald News:
Authorities on Tuesday identified a woman who apparently died when her Lexus plunged 550 feet off an embankment on Coal Bank Pass.

Antonetta Massey, 43, of Las Vegas, was reported missing Saturday morning by her husband, from whom she is separated and who lives in Denver, said Capt. Martin Petrik, with the Colorado State Patrol.

The accident likely occurred sometime between Friday and Sunday afternoon on Coal Bank Pass at mile marker 57.5, where there is a pull-off for drivers to view Twilight Peak, he said.

Troopers continue to investigate the cause of the accident.

Employees from a local towing company recovered the car's wreckage Tuesday from the bottom of the embankment.

Anyone who saw a 1995 dark gray Lexus sedan driving on the pass or parked at the Twilight Peak overlook between noon Friday and Saturday morning should call the Colorado State Patrol at 385-1675. Callers should ask for Capt. Martin Petrik, investigator Steve Nowlin or Trooper Jonathan Silver.

A Durango snowboarder noticed the crunched car about 4:10 p.m. Sunday while parked at the Twilight Peak overlook.

Two Arrested In Shooting of WI Tow Truck Driver

Here's the story from the Journal-Sentinel:

Two men have been arrested and charged with shooting a tow truck driver on Milwaukee's north side, Milwaukee police announced Monday.

Demetrius L. Hewlett, 22, and Justin P. Kraker, 22, were charged with shooting the driver, a 48-year-old West Allis man, Jan. 7 in the 2600 block of N. 36the St., according a police department news release.

According to the release, the victim was shot twice when he went to purchase a car, however his wounds were not life-threatening.

Copies of criminal complaints against Hewlett and Kraker were not available Monday.

According to the Milwaukee County Jail Web site Monday, Kraker was being held on a $35,000 cash bail with charges pending, however the site did not indicate if Hewlett was in custody.

Monday, January 11, 2010

NY Tow Truck Co. Owner Remembered

This New Year's Eve remembrance was for John Marcinak, who was shot and killed one year ago. Here's the story from The Journal News:
GARRISON — More than 100 family and friends of beloved tow-truck operator John Marcinak gathered this morning at his Garrison Garage on Route 9, where he was gunned down one year ago today when he interrupted a burglary.

Marcinak, a 49-year-old married father of three, was a fixture in the Garrison community, where he grew up and was a long-time member of the Garrison Volunteer Fire Department. He could often been seen driving his flatbed truck through town with his three children, taking them to school or after-school functions.

When investigators with the Putnam County Sheriff's Office charged a Lake Peekskill teen in June with Marcinak's murder, it brought some sense of justice to his family and friends.

But as the gathering today inside the old stone garage showed, Marcinak's loss still weighs heavy on his community.

"John loved his community and would be amazed at the people here today," said Garrison VFD member Christopher Simone.

Marcinak's widow, Janet, attended with their three children, Julie 14, John 10, and Joey, 9.

"It's been a year but the community doesn't want to forget and that's good for the kids," she said.

Anthony Grigoroff, 18, of Morrissey Drive, Lake Peekskill has been held without bail since June at the Putnam County Sheriff's Office on felony charges of second-degree murder, second-degree criminal possession of a weapon and two counts of attempted second-degree burglary. His case is pending in County Court.

TN Tow Truck Driver Remembered

Here's the New Year's Eve video report and story from Nashville's WZTV FOX 17:
On every tow Tony Thomas goes to he arrives with a memorial to his former co-worker on the rear windshield.

It says "In memory of Eddy McCreery."

"He was just a good guy all around good guy would do anything for you," said Thomas.

McCreery died in October when he was struck by a car while helping tow his daughter.

Police say the driver, Katrina Cornwell, had been drinking.

The accident is on a lot of minds this New Years Eve because of a service McCreery's employer provides.

Bailey's Wrecker Service offers free towing for intoxicated drivers.

Owner Randy Bailey says he started the free tows about six years ago.

"We see a lot of drunk driving accidents. We see innocent people killed everyday from people making poor choices of drinking and driving," said Bailey.

McCreery was a frequent participant in the service, which makes his death all the more personal this holiday season.

"This year our drivers heads are heavier than normal due to the loss of Eddy but we're hoping to save other people's lives through this tragedy," said Bailey.

Click here to read the original post about McCreery's death.

Sunday, January 10, 2010

Old Man Winter Gives Towers A Boost In Popularity

Snow, ice, cold = positive stories about hard-working towers! Here's one the many (from WVA's The State Journal):
Tow truck driver popularity rises. Workers at Ace Garage in Wheeling said there biggest response call is drivers being locked out while warming their vehicle in these cold temps.

Story by Crissy Clutter
Email | Bio | Other Stories by Crissy Clutter

WHEELING -- Tow truck drivers in the Ohio Valley have been busy, but you don't have to be one of their clients.

To avoid a broken down car or dead battery, drivers and mechanics have some advice.

Make sure your antifreeze can withstand the coldest temperatures, at least 34 degrees below zero.

Workers also suggests looking on the dashboard of your car for your battery volt, also fill up your gas tank, and make sure your tire pressure is correct too.

Don Atkinson at Ace Garage, in Wheeling, told 7 News there most common calls are lock-outs.

"People are warming there car up and they accidentally lock themselves out. Or they have an automatic starter and their car locks after awhile. People just need to pay attention," said Atkinson.

Atkinson said to make sure you have a spare set of keys on hand.

Saturday, January 9, 2010

Hino: Highest In Customer Satisfaction For Second Year

Here's info from the Hino press release:
Novi, Michigan – Hino Trucks engines rank highest in customer satisfaction for a second consecutive year according to the J.D. Power and Associates 2009 Medium-Duty Truck Engine and Transmission Customer Satisfaction StudySM.

The study measures customer perceptions of 2007 model-year Class 5, 6 and 7 gasoline and diesel engines, and provides manufacturers with a comprehensive and objective measure of customer satisfaction with the products and related dealer service. Four factors are measured to determine overall engine satisfaction. In order of importance, they are: engine warranty; engine quality; engine performance; and cost of engine ownership.

NYE Towing Assistance Number Leads to Sex Line

That would've been a surprise! :) Here's the story from www.kypost.com:
CARLSBAD, N.M. (AP) -- Oops, wrong number. Some New Year's Eve revelers in Carlsbad who had a little too much to drink got a surprise when they called a toll-free number
for a free tow home.

Instead of assistance, they got instructions to call a second toll-free number that offered pornographic conversation.

AAA Texas and New Mexico acknowledged the mistake and blamed it on a typographical error. Spokesman Dan Roman apologized to anyone who called the number and wasn't able to take advantage of the tow offer.

FL Towing Co. Owner Must Stand Trial For Fatal Shooting

Here's the Tampa Bay Online story:

TAMPA - An appeals court has backed a local judge's decision that a towing company owner must stand trial for fatally shooting a man who was trying to reclaim his wife's towed car.

A three-judge panel of the 2nd District Court of Appeal denied Donald Montanez's request to overturn a ruling that he can be prosecuted despite the state's Stand Your Ground law.

The law, adopted in 2005, says people don't have to exhaust all avenues of retreat before using deadly force to defend themselves.
Montanez faces second-degree murder and other charges in the death of Glen "Chuck" Rich.

In May, Hillsborough County Circuit Judge Robert A. Foster ruled that Montanez isn't protected by the law because he fired his .40-caliber pistol after the car Rich was driving had passed.

In a seven-page opinion issued Wednesday, Appellate Judge Robert J. Morris supported Foster's analysis.

"It was clear from the record that at the time Montanez fired the shot, the vehicle was passing him," Morris wrote. "Thus we are not persuaded that he was still in the zone of uncertainty such that he was entitled to discharge the weapon in self-defense."

Montanez's attorney, Jay Hebert, said he and his client were "deeply disappointed."
Hebert said they will weigh their legal options. He said they could ask the appeals court or Foster to clarify their decisions.

The shooting occurred about 5 a.m. Jan. 8, 2006.

Reporter Tom Brennan can be reached at (813) 259-7698.

AZ Towing Community Comes Together For Family of Teen Killed By Sister

Our condolences to AZ tow truck driver Dwight Brock, Sr., who works for Ace Towing, whose son died on Saturday, Jan. 2. Here's the story from www.azfamily.com:

MESA -- A Mesa family who lost their 17-year-old son in a tragic accident is leaning on the public.

Dwight Brock Jr. was killed over the weekend, run over by his younger sister while the two were messing around in the parking lot of Superstition Springs Mall Saturday evening. Brock was jumping in front of the car and his sister, Nicole, would slam on the brakes.

The last time that happened, Nicole, 16, was unable to stop in time and ran over her big brother.

Dwight's father, Brock Sr., is an employee of Ace Towing. Now the towing community is coming together to help the Brock family. A line of tow trucks was on hand, the first customers at car wash to help raise money to help the Brock family cover funeral costs.

The family is holding a series of car washes over the next several days, the first of which is today until 2 p.m. at the AutoZone at Sossaman and Guadalupe roads. They be back out there Saturday, 9 a.m. until dusk. On Sunday, they'll be at the Circle K at Sossaman and Baseline roads from 9 a.m. until dusk.

In addition, a bank account has been set up at Midfirst Bank in the name of Dwight Brock Jr. Memorial Support Trust.

Services for Dwight are scheduled for this evening at At Season's End Mortuary, 105 S. Delaware Drive in Apache Junction.

CA Tow Family To Stand Trial In August

Here's the latest story from The Gilroy Dispatch:
More than three years after their initial arrests, a family of tow truck operators accused of scamming unwitting motorists out of hundreds of thousands of dollars will stand trial for their alleged crimes.

After being bounced around the court system for years, the case will head to trial in August and will likely last about four months, Deputy District Attorney Dale Lohman said. With a date in mind, she can finally start sending out subpoenas to the 50-plus witnesses she'll be calling to the stand.

Vincent Cardinalli Sr., 66; his son, Paul Greer, 32; his daughter, Rosemary Ball, 35; and her husband, Michael Ball, 39, face 158 counts of conspiracy, forgery, perjury, attempted grand theft and other felony charges stemming from a tow-and-sue scheme the family used to parlay their towing and collections businesses into a gold mine, according to court documents.

Cardinalli was originally arrested in June 2007, along with his accomplices, on 88 felony counts. He then posted bail but was subsequently re-arrested in January 2008 after the court discovered, thanks to reporting in the Hollister Free Lance, two arson convictions in 1979.

Since then, Cardinalli has been sitting in a Santa Clara County Jail cell awaiting his day in court. Cardinalli represented himself during a five week preliminary hearing that, at times, inched along while he stumbled through his own defense. About a month ago, Cardinalli heeded the advice of Superior Court Judge Gilbert Brown and secured attorney Tammy Miller-Holmgren through the county's Independent Defender's Office. Miller-Holmgren will need months to plow through a mountain of evidence, she and other attorneys said.

Cardinalli has stated his intent to file for a reduction in bail at a meeting next month, Lohman said. Cardinalli's bail is currently $500,000, according to the Santa Clara County Department of Corrections.

"I'll be opposing that," Lohman said. "There hasn't been a change in circumstances that would warrant a revisiting of his bail."

The trial is scheduled to begin Aug. 18 in Department 32 of the Hall of Justice in San Jose.

Another story can be found here.

CO Tow Truck Driver Shot With BB Gun

Here's the story from The Gazette:

A tow-truck driver attempting to tow a car from an apartment parking lot tonight was confronted by a group of residents and shot in the neck with a BB gun, police said.

About a dozen people confronted John Stellabote of J and J Towing, who was towing the car at the Casa Linda Apartments, 3650 Airport Road, at the property manager's request, said Colorado Springs Police Sgt. Dave Gilman.

Some in the group jumped on the hood of the car he was towing when Stellabote sprayed pepper spray at two in the groups, Gilman said. An infant may have been hit with some of the chemical.

A 21-year-old woman then pointed what looked like a handgun at the driver and fired several shots. The gun turned out to be a toy BB gun and the man suffered a superficial wound to his neck, Gilman said.

The woman, Jerica Hill, left the scene but was arrested a short time later on suspicion of felony menacing and second-degree assault.

Thursday, January 7, 2010

"Move Over" in OR As Of Jan. 1

Here's the KOIN Local 6 story:

PORTLAND, Ore. – Effective January 1, drivers must “move over” for police cars, fire trucks, ambulances, tow trucks and emergency roadside responders.

Lawmakers expanded the “Move Over” law to include towtrucks and emergency responders, who also face treacherous conditions while working on Oregon’s roads. The problem is that most drivers don’t know about it yet.

Drivers are required to move to the left lane when approaching an emergency vehicle from the rear. If it’s not safe to move, Oregon drivers must slow down to 5 miles below the speed limit. The driver must “maintain a safe distance” from emergency vehicles or face a hefty fine of around $400.

Tow truck drivers who risk their lives on surface streets and freeways are hoping more people will obey the new law. Tow truck driver Gerardo Cavallero said he’s already experienced some close calls this year and is hoping he won’t have anymore.

Tuesday, January 5, 2010

TX Tow Truck Driver Finds Boy Wandering Streets of Houston

Here's the story from MyFoxHouston.com:

HOUSTON - Child Protective Services is investigating a mom and dad after their 3-year-old son was found wandering the streets with his dog around overnight Tuesday.

A tow-truck driver spotted the boy and a dog walking unsupervised in the 13000 block of Kuykendahl around 2 a.m. Tuesday, CPS Spokeswoman Estella Olguin said.

The boy was wearing blue jeans, a multi-colored, long-sleeved shirt, socks and had his tennis shoes on wrong.

Sheriff's deputies later discovered the lived at an apartment complex about a mile away from where he was found, Olguin said.

The toddler told investigators he was taking his dog for a walk, she said.

The child's parents then called CPS in the morning and said they had called 911 after they woke up and noticed he was missing, she said. However, CPS is keeping the child under its custody until the parents submit to drug tests and further investigate the incident.

South African Taxi Driver Dead After Road Rage Incident With Tower

Here's The Star story:
By Beauregard Tromp and Sapa A taxi driver is dead and a passenger is in a critical condition after an argument with a tow truck driver ended in bloodshed.

In what witnesses have described as a road rage incident, both the taxi and tow truck were travelling down Barrage Road in Vanderbijlpark when there was an argument over use of the road.

"They stopped and started arguing," said police spokeswoman Constable Thembeka Koaga. The argument involved the taxi driver and some of his passengers on one side and the tow truck driver, his son and a friend on the other.

During the fracas, the tow truck's front window was smashed with a brick, and damage was also caused to the taxi.The argument deteriorated into a fight during which the tow truck driver pulled his firearm and fatally shot the taxi driver, wounding a passenger in the process.

The taxi driver died en route to hospital, and the wounded passenger was in a critical condition in hospital last night, according to ER24.

The tow truck driver has been charged with murder, attempted murder and malicious damage to property.

His son and friend, along with one of the taxi's passengers, have been charged with malicious damage to property and assault, according to Koaga.

Meanwhile, a Joburg metro police officer was arrested for drunk driving after a high-speed car chase that ended in a collision.

"A metro police officer was arrested on Saturday night by the internal affairs unit after he crashed his private car into a parked car on the corner of Main and Ferreira streets in Rosettenville," Chief Superintendent Wayne Minnaar said.

The unit investigates misconduct among metro police officers.

Members of the unit spotted a stationary car at a green traffic light around midnight on Saturday, Minnaar said. They then noticed that the driver was slumped over the wheel.

"When the unit approached the car, the driver woke up and sped away. He attempted to flee from the officers by driving through a number of red lights," Minnaar said.

The chase ended when the fleeing officer crashed his car into another vehicle parked on the side of the road, Minnaar said. The unit's officers then identified the man as a metro police officer.

A breathalyser test showed his blood alcohol volume at 0.6mg per 1 000 ml of breath, three times over the legal limit.

"A disciplinary investigation will follow," Minnaar said.

More than 600 000 vehicles and drivers were stopped and checked across the country from December 1 to December 31 as part of the festive season Arrive Alive Road Safety Campaign, the authorities said at the weekend.

When he launched the campaign on December 6, Transport Minister Sbu Ndebele said no less than a million vehicles and drivers would be stopped and checked in December and early January.

According to preliminary reports, at least 1 050 deaths (276 drivers, 419 passengers and 355 pedestrians) were recorded on South Africa's roads since December 1.

Speed has been reported as a major contributory factor to these crashes, said Transport Department spokesman Logan Maistry.

For the same period during 2008 (December 1 to December 31, 2008), 1 348 deaths were recorded on the country's roads.

Ndebele said: "We urge all South Africans to make road safety part of their New Year resolutions or risk losing their driving licence this year.

"The introduction of the Administrative Adjudication of Road Traffic Offences this year will enhance a culture of compliance through the points demerit system, and those who continue to disregard the law will forfeit their driving licence. Obey the law or pay the price."

Between December 1 and December 31, 2009, more than 285 000 motorists were fined for speeding; 3 487 drunk drivers were arrested; 244 motorists were apprehended for reckless and negligent driving; 2 517 unroadworthy vehicles were removed from the roads, including 1 209 buses and taxis; and thousands of drivers were fined for not wearing their seatbelts and other offences.

Traffic volumes are expected to increase in the next few days as people return home to resume work.

Law enforcement officers would continue to be out in full force to ensure safety on the roads, Maistry said.

Update on SD Towing Firm Fighting 10-Year Energy Bill

Mark Pyle, owner of A Plus Towing in Sioux Falls, drops off a car he towed to an auto shop Saturday. Pyle says he is willing to pay some of a $7,600 energy bill from MidAmerican. The energy company says A Plus was undercharged for 10 years because of a faulty meter. But Pyle argues that the energy company bears some responsibility, too. The case is headed for the Public Utilities Commission. (Elisha Page / Argus Leader)

A story on this was originally posted in early December (click to read it). Here's a more in-depth story from The Argus Leader:
Last November, Mark Pyle opened the gas bill for his business, A Plus Towing and Repair at 1309 E. Walnut St., and got a good laugh - at first.

The bill from MidAmerican Energy Co. for more than $7,600 must have had an extra zero, at least, he thought.

"We just laughed. We thought it was a misprint," he said. "Then we opened it up and there was a letter in there. It said the meter was off, and we have the right to charge you for 10 years. We said, 'Oh my God, this isn't a joke.' "
MidAmerican's insistence that A Plus Towing is responsible for a decade's worth of unreported natural gas use - and its only concession being a 24-month repayment plan - prompted Pyle to file a complaint with the South Dakota Public Utilities Commission, a rarity that might influence the way the PUC deals with these types of complaints in the future.

The PUC might weigh A Plus Towing's liability for using natural gas for which it never paid against Des Moines-based MidAmerican's responsibility to ensure it is correctly recording its customers' gas usage and billing them appropriately. MidAmerican claims it is following PUC rules with their request.

"To me, this is likely a two-step process," PUC Chairman Dusty Johnson said. "We need to take care of this specific case. Once that is resolved, we need to take the opportunity to see if the commission's rules and practices are good enough and written right to handle this."

Meter programmed incorrectly in 1997

The problem that led to the dispute between MidAmerican and A Plus Towing began when MidAmerican incorrectly programmed a meter at A Plus Towing in 1997, according to MidAmerican Spokesman Mark Reinders.

It probably would have gone on forever underreporting the amount of natural gas A Plus Towing used if there had not been a fire in the building last September that damaged the meter. When MidAmerican installed a new meter in October, it discovered the mistake.

"The situation is quite unique, that something hadn't been discovered prior to this time," Reinders said.But when MidAmerican found the error, it relied on the PUC's own administrative rules allowing utilities to recover costs from as far back as 10 years, said Reinders, defending MidAmerican's decision to seek repayment.

If A Plus Towing had been overcharged, Reinders said, Pyle would have been justified in seeking reimbursement.

Pyle counters that he never tried to avoid paying a bill."We always paid what they asked us to pay without any argument," he said. "It is not about paying our bill. Somewhere there should be some liability, and it shouldn't all be on the tenant."

Regular tests too costly, MidAmerican says

As part of the resolution of this case, Pyle wants to see a requirement that utility companies regularly test metering equipment.

Reinders said that would saddle companies with unreasonable costs. MidAmerican has 83,600 natural gas customers in South Dakota.

"We don't go out every year to make sure every meter is working correctly," Reinders said.

Short of doing so, however, Johnson questions whether utilities such as MidAmerican ever will truly learn the dimensions of metering problems.

"It makes me wonder how many other meters we've got out there that aren't working properly," he said.

Reinders said he is unaware of any similar pending complaints against MidAmerican in the Sioux Falls area.

Reinders said he does not know whether MidAmerican is interested in making an offer to Pyle to settle the bill and avoid going before the PUC.

MidAmerican has until the middle of this month to respond, and Johnson predicted MidAmerican has a high hurdle to clear to get all it claims it is owed.

"MidAmerican is really going to have its work cut out for it to convince the commission what they are trying to do makes sense," Johnson said.

Most complaints resolved informally

He said he is mystified the case reached the stage of a formal complaint. Typically, the PUC fields about 2,000 contacts annually from consumers with disputes about utility bills. Most are resolved informally and fewer than 10 usually end up as full-blown complaints.

However, Johnson acknowledges "this is one of the most interesting cases we've had filed in the five years I have been on the commission."

From his perspective, Pyle is sticking to a point of principle. He wants to establish that utility companies share liability when gas and power usage is not properly reported, and those companies can't as a matter of course bill customers for the full amount of unrecorded use.

"I'd rather ride it out to the end, so this is eye-opening for them so they can't do this. It's just not right," he said.

But he'd listen to an offer, he acknowledged. However, "it would have to be a pretty reasonable deal, more in my favor than their favor."

Reach Peter Harriman at 575-3615

Everyday Tow Heroes In PA

Kudos to these caring towers! Here's the KYW Newsradio 1060 Philadephia story from mid-December:

by KYW's Karin Phillips

A group of tow truck drivers gathered in West Philadelphia on Tuesday to deliver toys to kids in need -- and perhaps give their own reputations a boost.

(Sounds of cheering children and adults:) "Thank you, Santa!... and your helpers!"

The helpers are owners and workers at several tow truck companies who blocked off the intersection of 34th and Baring Streets on Tuesday with their trucks to deliver unwrapped toys for the children at the Baring Street Crisis Nursery.

This is likely the only holiday party these kids will have. Three-year-old Yahir got a football:

"I gonna take it home!"

And what is he going to do with it?

"I'll play with it!"

Many of the drivers complained that they get a bad rap as tow truck operators, and the holiday party is a way to give back to the community. Said one:

"Next time you see a tow truck, say 'Those guys are nice!' "

(Photos by KYW's Karin Phillips)