Multiple Missouri measures that cover predatory towing are moving forward.
The Owner-Operator Independent Drivers Association has been active at the statehouse to communicate to legislators the need to adopt protections for truck drivers involved in a nonconsensual tow.
The statehouse pursuit to address towing concerns is led by Rep. Dave Griffith, R-Jefferson City. His focus is enactment of a requirement to set procedures for a complaint filing and adjudication process for nonconsensual tows.
Two bills that include provisions backed by Griffith are on the move. HB745 is a bill that focuses solely on predatory towing. HB572 is a transportation omnibus bill that includes the predatory towing language found in the first bill.
The Senate Transportation, Infrastructure and Public Safety Committee voted Monday, May 5 to advance HB572. House lawmakers previously approved a similar version of the bill.
HB745 passed the House late last month.
Predatory towers on notice
Both bills would make the Missouri Department of Transportation responsible to address nonconsensual towing, recovery and cleanup practices related to removal of commercial vehicles from roadways.
Procedures would be set to receive, investigate and adjudicate complaints from an owner, operator or insurer of a commercial vehicle involved in a nonconsensual tow.
Certain information must also be entered on every invoice for nonconsensual tows.
Each invoice would include the following: “If you feel that you have been treated unfairly or provided a service that was unnecessary, you may file a complaint with the Missouri Department of Transportation.”
Towing companies found in violation of state law could be permanently or temporarily prohibited from performing such tows. Any towing operation found in violation of the prohibition would face a $25,000 fine per occurrence.
An owner or operator of a commercial vehicle would also have permission to request a specific towing company. Law enforcement would be required to honor the request, “except under certain conditions.”
Additionally, MoDOT would establish a “Towing and Recovery Review Board.” The legislation states that the seven-member board would include “one member representing independent owner-operator truck drivers.”
Griffith previously told lawmakers that the board would provide independent truck drivers and the trucking industry with an avenue for possible recourse. He added that they do not currently have the option.
Also included is a provision to regulate the release of vehicles if fees are disputed. Additionally, per-pound charges for nonconsensual tows would be prohibited.
OOIDA shares member concerns
OOIDA Executive Vice President Lewie Pugh has spoken to lawmakers about predatory towing concerns of the Association’s 7,600 Missouri-based members.
In previous testimony, Pugh explained that owner-operators are not protected against towing companies charging whatever amount they want for a tow. In these instances, he said, the impact on a small-business truck driver can be devastating. LL
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