For years, the Owner-Operator Independent Drivers Association has spoken out about predatory towing practices against truck drivers.
Now, the Federal Motor Carrier Safety Administration plans to hear from stakeholders about what happens when a commercial motor vehicle requires a third-party tow.
In a notice that is scheduled to be published in the Federal Register on Friday, May 31, the FMCSA announced that it will hold a virtual meeting about “Transparency in Fees Commercial Motor Vehicle Operators are Charged for Towing and Recovery Services” on June 21. The meeting will be from 9 a.m. until noon Eastern time.
“FMCSA announces a public meeting to engage stakeholders, which includes motor carriers, towing and recovery services for commercial motor vehicle operations, and other interested parties, to get their perspective on current industry practices regarding the disclosure of towing fees to the CMV owners and whether the owner is made aware of costs and fees prior to the tow,” the agency wrote in the notice.
In November, the Federal Trade Commission published a notice of proposed rulemaking, which would prohibit unfair or deceptive practices relating to fees for goods and services.
“FMCSA believes FTC’s proposed regulation may significantly benefit the agency’s regulated community, specifically as it relates to the predatory towing practices that have a substantial financial impact on CMV owners and operators,” the agency wrote.
What is a third-party tow?
A third-party tow, also known as a nonconsensual tow, is one that is initiated by law enforcement with no opportunity for the trucker to negotiate services or compare prices. OOIDA believes there should be protections in place for when a trucker believes the towing bill has been inflated.
Over the years, OOIDA has helped its members fight inflated towing bills all over the United States.
In 2015, a towing case in Deposit, N.Y., resulted in a $154,124 bill for an OOIDA member. The bill included a $92,650 charge for the “reefer trailer fee.” The rate was $100 per hour for 926.5 hours, or approximately 38 days.
“Keep in mind that reefer trailer rental rates in the Deposit, N.Y., area are roughly $692 per week, $.06 per mile and $1.50 per refrigerated hour for the reefer unit,” OOIDA wrote in a 2015 complaint to the New York attorney general. “Assuming a seven-week rental with 100 miles driven and 926 refrigerated hours, the total rental cost is $5,550.”
How to attend FMCSA’s meeting
The meeting on June 21 will be at the Department of Transportation headquarters in Washington, D.C. Those interested in attending the meeting in person should register at the FMCSA website by June 11. Up to 50 people will be allowed to attend the in-person meeting. There also will be an online option to attend.
Individuals unable to participate in the public meeting may submit written comments by going to Regulations.gov and entering Docket No. FMCSA-2024-0124. LL
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