The state Highway Patrol did not exceed its authority in establishing standards in which a Haywood County tow truck operator was removed from a Wrecker Rotation Services List, the N.C. Court of Appeals ruled recently.
On April 1, 2001 regulations went into effect on which tow truck companies the N.C. Highway Patrol would call when a vehicle had to be towed. To get on and stay on the Wrecker Rotation Services List, a company had to meet 32 conditions, including, among others, responding to a high percentage of calls, maintaining a full-time office, having a minimum amount of insurance and the type of equipment required.
Terry Ramey, doing business as Ramey’s Wrecker Service in Haywood County, was initially on the list, but later was dropped by the Highway Patrol for not responding to a high enough percentage of calls, not having a current inspection sticker on one vehicle, and not having proper cables installed on his wreckers.
Ramey challenged the legality of the regulations, contending that the Highway Patrol lacked the authority from the General Assembly to issue the rules and that federal law precluded the state from issuing the rules. After a Superior Court judge ruled against him, Ramey took his case to the Court of Appeals.
“…it has long been recognized by this Court that the problems which a modern legislature must confront are of such complexity that strict adherence to ideal notions of the non-delegation doctrine would unduly hamper the General Assembly in the exercise of its constitutionally vested powers,” Judge Tyson wrote for the appeals court.
“A modern legislature must be able to delegate — in proper instances — a limited portion of its legislative powers to administrative bodies which are equipped to adapt legislation to complex conditions involving numerous details with which the Legislature cannot deal directly. Thus, we have repeatedly held that the constitutional inhibition against delegating legislative authority does not preclude the legislature from transferring adjudicative and rule-making powers to administrative bodies provided such transfers are accompanied by adequate guiding standards to govern the exercise of the delegated powers. ”(Emphasis in decision.)
N.C. General Statue § 20-184 (2005) establishes a State Highway Patrol Division under the Secretary of Crime Control and Public Safety, which shall “prescribe regulations governing said Division, and assign to the Division such duties as he may deem proper,” Tyson wrote.
Ramey argued that this grant of authority of the Assembly did not extend to include the authority to regulate private wrecker companies and were limited only to what was specifically necessary for public safety.
The Court of Appeals, however, did not accept Ramey’s argument, finding that maintaining a wrecker list was indeed necessary for public safety.
“In order to perform its traffic safety functions, the Highway Patrol utilizes private wrecker services to remove abandoned, seized, damaged, or disabled vehicles from public roadways,” Tyson wrote.
“The Highway Patrol promulgated regulations for private wrecker services included on its rotation list to meet in order to be called to the scene and to safely remove vehicles from the public roadways.
“In the interest of public safety, the Highway Patrol has delegated authority to promulgate regulations setting forth the requirements a private wrecker service must meet in order to be included and remain on the Highway Patrol’s Wrecker Rotation Services List… The challenged regulations clearly relate to public highway safety.”
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The appeals court also found that because the wrecker regulations protect the public and are “genuinely responsive to safety concerns,” federal laws do not preclude North Carolina from establishing and maintaining its Wrecker Rotation Services List and associated regulations.
N.C. Court of Appeals rulings are binding interpretations of North Carolina law and apply throughout the state.
The case is Ramey v. Easley, (05-1404).
Michael Lowrey is associate editor of Carolina Journal.