Church Transportation driver booted in Memphis. (WREG photo)
MEMPHIS, Tenn—Tennessee is cracking down on illegal booting and towing in the state.
Governor Bill Lee has signed into law reforms designed to protect commercial truck drivers and other drivers in the state from predatory towing companies.
House Bill 1731, also known as the Modernization of Towing, Immobilization and Oversight Normalization (MOTION) Act, prohibits unlicensed individuals from booting vehicles anywhere in the state, limits booting to commercial lots, requires licensed parking attendants to remove a boot within 30 minutes of a driver’s call, and caps the boot removal fee at $75.
The American Trucking Association said the legislation “will address abuses by a Memphis towing company that was the subject of complaints from truckers Nationwide.”
The law makes it a Class B misdemeanor to place an immobilization device on any truck or trailer in Tennessee that is clearly identified as a commercial vehicle with a USDOT number or with a commercial license plate. It also makes it illegal to boot or tow any motor vehicle from a commercial lot if the driver is present.
“Predatory towing companies that hold equipment and cargo hostage with inflated, excessive, and fraudulent invoices tarnish the reputation of the entire towing sector. They have taken advantage of the trucking industry for far too long, and we refuse to continue making these ransom payments any longer,” American Trucking Association President and CEO Chris Spear said. “ATA’s federation of state associations is prepared to fight back against unscrupulous companies that target our industry by injecting more accountability and fairness in state and local laws pertaining to towing.”
Mississippi and Florida recently passed legislation that targets predatory towers.
Fenn Church, owner of Church Transporation out of Birmingham, Alabama, is praising the new Tennessee law. Church said two of his big rigs were illegally booted and towed from gas stations in Memphis, and he was forced to pay nearly $18,000 to get them back.
“I am just thankful for Florida, Mississippi, and Tennessee, which are purging corrupt towing companies from conducting business in their states,” Church said. “I am thankful for all your media coverage, which sheds an important spotlight on this issue!”
The Tennessee law also requires a licensed parking lot and attendant to accept credit and debit cards as methods of payment for removing a boot from a motor vehicle, maintain a phone number monitored by a human being 24 hours a day, seven days a week, and prohibits them from charging a boot removal fee to anyone who has paid to park. Violators could have their license revoked.
“Several high-profile predatory towing incidents in Tennessee have exposed how this egregious practice not only disrupts our state’s supply chain but also costs truck owners thousands of dollars for each unwanted tow,” Tennessee Trucking Association President & CEO Donna England said. “We are grateful to Majority Leader Johnson, Representative McCalmon, and Tennessee legislators for listening to our concerns about this unfair tactic, and we thank Governor Lee for swiftly signing this bill into law. We look forward to our continued partnership with our state’s leaders on commonsense reforms that promote justice, fairness, and safety. Trucking is the lynchpin of our economy, and we should be prioritizing policies that are welcoming to truckers who deliver the goods we count on every day.”
According to the American Trucking Association, The trucking industry plays a significant role in the Tennessee economy, employing nearly 250,000 Tennesseans across the state.
The ATA said more than 90% of Tennessee communities also rely exclusively on trucks to receive their goods.
The new booting and towing law takes effect July 1.
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