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Operator's custody shall be cause for suspension or removal of an Operator/employee, or <br />denial of an Operator/employee's application, or termination of the TSA. <br />21. COMPLIANCE WITH TSA <br />A. An Operator agrees, as a condition of inclusion on the Rotation Tow Program, to comply with <br />the TSA. Furthermore, the Operator agrees that failure to comply with the TSA shall be cause <br />for disciplinary action, as provided below in Section 22 (Disciplinary Action). <br />B. A violation of equipment requirements, related to safety, shall be cause for immediate <br />suspension. <br />1) The suspension shall remain in effect until the suspension period is completed and the <br />PPD has inspected the equipment and concluded the Operator is in compliance. <br />C. A violation of GVWR and/or safe loading requirements of a tow truck shall be cause for <br />disciplinary action. <br />1) A violation of GVWR includes exceeding the tow truck's GVWR, front axle weight rating <br />(FAWR), rear axle weight rating (RAWR), or maximum tire weight ratings, or not <br />maintaining the 50 percent of the tow truck's laden front axle weight on the front axle when <br />in tow. <br />D. A violation of intentionally overcharging or a pattern of overcharging shall be cause for <br />termination, suspension, or other disciplinary action. <br />1) If the Operator is suspended, the suspension shall remain in effect until the suspension <br />period is completed and proof of reimbursement to the aggrieved customer has been <br />provided to the PPD. <br />E. Allowing an incompetent tow truck driver to respond to a PPD call shall because for <br />disciplinary action of the Operator. <br />22. DISCIPLINARY ACTION <br />A. Disciplinary action includes, but is not limited to, written reprimand, suspension, denial of an <br />application, or termination from the Rotation Tow Program. <br />B. The Police Captain shall take disciplinary action against an Operator for violations that have <br />been investigated and sustained. Furthermore, the Operator agrees that failure by the <br />Operator to comply with the terms and conditions of the TSA shall be cause for disciplinary <br />action. <br />1) The Police Captain shall retain discretion regarding the type and length of any disciplinary <br />action imposed pursuant to the terms and conditions of the TSA. <br />C. Nothing shall preclude the PPD from taking the appropriate enforcement or administrative <br />action for any violations of law. <br />D. Nothing shall preclude the Police Captain from immediately suspending, terminating or <br />denying an application of any Operator whose conduct, in the opinion of the Police Captain, is <br />Page 20 of 24 <br />