OOIDA, others weigh in on unfair towing legislation

Towing fights are boiling over in Missouri – and truckers say this bill could hit them where it hurts most.

The House Transportation Committee took up a bill this week aimed at towing insurance. The pushback came fast.

HB3447 would require at least $100,000 in coverage for towing, winching, recovery and roadside service. The rule would only hit trucks over 26,000 pounds.

Rep. Jeff Vernetti, R-Camdenton, backs the plan. He told lawmakers it simply makes sure truck drivers carry “adequate” insurance.

Not everyone is buying that.

Rep. Darin Chappell, R-Rogersville, quickly pushed back. He questioned whether Vernetti understands the pressure already on truckers.

“The reality is everything you and I bought, and wear and ate, was brought here by a trucker,” Chappell said. “If we make it to where the trucking industry simply cannot continue on top of all of the price increases of diesel and everything else, I have real concerns about that.”

The bill also lays out strict rules for fights over abandoned or disputed tows.

If a towing bill tops $15,000, truck owners would have to pay half up front just to get their truck back while the case plays out in court. If the tow company wins, the owner would owe the rest, plus interest.

There’s more. All property – the truck, trailer, cargo and even debris – must be cleared out within five business days after the money is deposited with the court. Miss that deadline, and the towing company keeps the funds.

Rep. Carolyn Caton, R-Blue Springs, said the bill is a firm “no” for her. She noted that the bill only affects Missouri-based truck drivers.

“It’s going to be a severe disadvantage to our Missouri-licensed and registered commercial drivers, independent owner-operators,” Caton said. “This is going to put a lot of our small, independent truckers out of business.”

She warned that the bill leans heavily toward the towing industry and ignores the impact on trucking. In her view, lawmakers should be working toward a more balanced fix.

‘Insurance is already killing us’

The pushback didn’t stop with lawmakers.

The Owner-Operator Independent Drivers Association and the Missouri Trucking Association both showed up. Both groups strongly oppose HB3447.

OOIDA Executive Vice President Lewie Pugh said his group represents about 7,500 Missouri small-business truckers. He warned the bill would hit them hard.

“We don’t have any protection as truckers on nonconsensual tows,” Pugh said. “There’s probably protection for consumers, but not business-to-business.”

He said OOIDA is open to working with the towing industry – but only if it’s fair.

“It needs to be fair for both parties. So far, we’re not even close.” Pugh said.

OOIDA life member Dave Jungeblut also attended the hearing. The 35-year owner-operator from Sibley, Mo., told lawmakers that insurance costs are already out of control – and small operators are feeling it the most.

“The only thing I see this bill doing is squeezing small operators and local haulers,” Jungelblut said. “Insurance is already killing us.”

Missouri Trucking Association’s Tom Crawford didn’t hold back either. He called the bill “heavy-handed” and said the $100,000 minimum is “laughable.”

Crawford went further, warning that the bill may not even hold up.

He said parts of it “are ineffective and preempted by federal law for most/all interstate motor carriers.”

Crawford agreed with Pugh – a real solution will take both sides working together.

“It’s a little bit like whack-a-mole, as you can see,” Crawford said. “When we started, there was one towing association. Now there are two. By the end of the session, who knows, if there will be three or four.”

For now, the fight isn’t over.

The committee took no vote on the bill. LL