A new law in Maryland addresses concerns about unfair towing in the state.
Rule changes are touted to establish basic consumer protections for truck drivers and motor carriers involved in a nonconsensual tow in the state.
Previously HB487, the new law establishes requirements and procedures for the “police-initiated towing” of certain commercial vehicles at the request of the Maryland State Police.
“Per pound billing” is outlawed in the new rule. Per pound billing is defined as a method of calculating a fee for towing and recovery services using a formula that considers the weight of the vehicle, equipment, or cargo that is the subject of the towing and recovery and multiplies that weight by a monetary amount.
The Department of State Police also must make publicly available, upon request, a tow list of qualifying tow companies for use by troopers in carrying out duties. A complaint process for resolving disputes is also required.
Authorized tow companies must submit a rate sheet to the DSP for police-initiated towing. Companies are prohibited from charging more than the rates on the rate sheet. Companies can charge less than the approved rates.
Another provision allows a vehicle owner or operator to request the use of a specific towing company. DSP must honor that request.
The requirement does not apply in certain circumstances. An example of an exception is if the requested company cannot arrive “within a reasonable time period” or other circumstances exist that would delay arrival.
One more provision establishes that “authorized tow companies” must provide reasonable access to vehicles subject to police-initiated towing. Requirements related to the release of vehicles and cargo is also outlined.
The new rules take effect Oct. 1.
Truckers welcome rule change
The Maryland Motor Truck Association and the Owner-Operator Independent Drivers Association backed the legislation.
OOIDA says the problem has not been with state police but instead with companies that price gouge.
The truckers group includes about 1,700 Maryland members who are small-business motor carriers and professional truck drivers.
“Our members regularly become victims of unscrupulous towing and recovery companies that continue to take advantage of the system, often times inflating their invoices by tens of thousands of dollars,” a previous OOIDA letter reads.
The Association says the rule change removes a loophole that permitted bad actors to charge whatever they wanted. OOIDA submitted to lawmakers examples of excessive charges. One example showed a $77,100 charge for clearing an overturned tractor-trailer blocking a roadway. LL
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