Police Say Locksmith Licensing Law Prevents Officers From Opening Locked Cars In Non-Emergency Situations

May 22, 2014
Alabama law enforcement personnel seeking clarification as to state requirements for licensed locksmiths to unlock vehicles.

May 22--The key to a good law is often clarity.

That's especially true when it comes to locking one's keys in one's car, as local law enforcement agencies point to an Alabama state law that, as written, prevents officers from responding to non-emergency locked-vehicle calls.

Police in Piedmont and Anniston announced Tuesday that they would no longer unlock vehicles except in emergencies.

Both agencies cited a March 25 memo to locksmiths from Lynne Taunton, executive secretary for the Alabama Electronics Security Board of Licensure, that said law enforcement personnel are not exempt from state requirements to be licensed as locksmiths to unlock vehicles.

The state board licenses and regulates alarm system installers and locksmiths.

Reached by phone Wednesday, Taunton said that the statement she wrote in the memo regarding law enforcement personnel "is true, but there is more to it than that."

"It was never the intention of the board to request law enforcement to be licensed by this board," Taunton said. "This board would never impose licensing requirements on any entity that seeks to help the public," Taunton said.

Asked if a police officer would be fined by the board for unlocking a vehicle, Taunton said no.

When informed Wednesday afternoon that Taunton said officers would not be fined to do the work, Anniston police Capt. Allen George wrote the department's response in an email to The Star.

"As law enforcement, we are charged with upholding and enforcing the law. As such, the memo on clarification of the law is clear. While we understand Taunton's statement, it does not alter the existing law," George wrote.

Piedmont police Chief Steven Tidwell wrote in an email to The Star on Wednesday that his department might reconsider a change in its new policy, but it would only come after more clarification from the board of licensure.

"If the governing board were to issue a written opinion that provides a specific exception to law enforcement then we would return to providing this service to our community," Tidwell wrote.

Taunton said the board's two phone lines have stayed busy this week with calls asking for clarification on her memo, and the state law that regulates locksmiths and the jobs they do.

Locksmiths were already required to be licensed to work on residential locks, but an amendment to state law which went into effect Aug. 10, 2013, added the words "motor vehicles" to that requirement.

The law states that anyone who works on "the installation or service of locks for motor vehicles or for residential or commercial use" must be licensed.

The board of licensure in November voted to clarify the term "service" to include picking and/or "popping" locks to open them, according to the board's website.

There are some exemptions to the licensing requirement, including new-motor-vehicle dealers and their employees working on vehicles in the dealer's inventory, or on vehicles purchased at the dealer.

Law enforcement personnel aren't mentioned as exempt in state law, and that's what's causing the confusion, Taunton said.

The board met Tuesday, Taunton said, and discussed the matter at length, deciding to ask for an opinion from the Alabama Attorney General's Office to clarify the law.

Still on call

Oxford police Capt. L.G. Owens said officers at his agency will continue to unlock vehicles, and not just in emergencies.

Owens said after calling the board of licensure this week he discovered that the practice would not result in fines for his department.

Owens said the number of non-emergency lockout calls fluctuates, but they do happen often. Young children often lock themselves in cars when their parents are putting away shopping bags, and drivers often lock their pets in cars accidentally, he said.

"We have done it as long as I can remember," Owens said.

Jacksonville motorists can also still call the police there and ask for an officer to unlock their vehicle, said Chief Tommy Thompson. The department requires that drivers sign a waiver, however.

Within the last 12 months Jacksonville officers responded to 1,105 calls about locked vehicles, Thompson said.

Each of those calls costs the department money, he said, but it's a needed service to residents. There are no licensed locksmiths in Jacksonville, he said.

Locked in opposition

Bobby Gregory has been a locksmith for more than 40 years. He owns Gregory's Safe and Lock in Anniston.

Gregory said he spent around $5,000 for the tools of his trade, and spends another $400 or so each year on state-required training. Having an untrained police officer take jobs out from under him means less money in his pocket, he explained.

Untrained people can damage vehicles as well, he said.

"You can put dents in the car, scratch the paint and set off an airbag," Gregory said.

He recently got a call from a motorist who had locked her keys in the car, and after driving to the location, he said he found a police officer working to unlock the vehicle.

He didn't charge the woman a service fee, he said, although he could have. He charges $55 to unlock cars within 10 miles of his downtown office. The price goes up the further he has to drive.

Those instances can be frustrating when you're trying to run a business, he said, and they happen all too often.

Attempts Wednesday to reach the Alabama chapter of the ALOA Security Professionals Association were unsuccessful. The association lobbies to prevent unlicensed workers from taking jobs from locksmiths.

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Staff writer Eddie Burkhalter: 256-235-3563. On Twitter @Burkhalter_Star.

Copyright 2014 - The Anniston Star, Ala.