Predatory towing in the crosshairs as states push back

Predatory towing is a problem that states are working to rein in. Lawmakers have made some progress, but there’s a long way to go.

Over the past year, Illinois closed a loophole that some of the worst tow companies abused. Arkansas, Connecticut, Indiana, and North Carolina also passed laws to crack down on nonconsensual towing.

OOIDA backs crackdown

The Owner-Operator Independent Drivers Association supports state efforts to protect truckers from predatory towing.

Doug Morris is OOIDA’s director of state government affairs. He said most towing companies play by the rules.

“However, there are a few that give the industry a bad reputation, which is unfair to those who are fair and professional,” Morris said.

Missouri

Missouri lawmakers want to get tougher on shady towing practices. Several bills would set clear rules and give drivers a way to complain.

Twin bills would put the Missouri Department of Transportation in charge of overseeing nonconsensual tows of commercial vehicles.

The bills, HB1741 and SB1426, would create a formal process for truck owners, drivers, and insurers to file complaints and get answers.

Tow companies would also have to spell out key details on every invoice. Details would include contact info, when the tow was requested, and when the truck arrived on scene.

Each invoice would include a clear message telling drivers how to file a complaint if they think they were treated unfairly.

Companies that break the rules could be banned from doing nonconsensual tows. Bans would be either temporary or permanent.

Violating a ban could mean a $25,000 fine for each offense.

Truck drivers and owners could also request a specific tow company. Police would have to honor that request. Certain exceptions would apply.

MoDOT would also create a “Towing and Recovery Review Board.” The legislation specifies that the seven-member board include “one member representing independent owner-operator truck drivers.”

Rules would be set for releasing vehicles when fees are disputed. Per-pound charges for nonconsensual tows would also be banned.

OOIDA Executive Vice President Lewie Pugh told lawmakers last year that owner-operators have little protection when tow companies charge whatever they want. For small trucking businesses, he said, those costs can be crushing.

Liability coverage

Another Missouri bill tackles towing insurance.

SB1460 would require insurers to carry at least $100,000 in coverage for towing, recovery, and emergency roadside work on trucks over 26,000 pounds.

The bill also sets rules for disputes involving abandoned or contested tows.

For disputed tows over $15,000, truck owners would have to pay half the cost to get their truck released while the court sorts it out. If the tow company wins, the owner would owe the rest plus interest.

New Hampshire

New Hampshire lawmakers are also stepping in.

HB1492 would let the state set maximum towing and wrecker fees.

The Department of Safety would ensure rates are fair by considering real costs and regional standards.

The bill would also require clear notices, proper recordkeeping, and a formal appeals process for drivers who believe their tow bill is excessive.

Vermont

Vermont lawmakers are pushing a consumer-focused towing bill.

H768 would set minimum standards for towing services across the state.

Tow companies would have to give written estimates and detailed invoices for all services. They would be responsible for keeping records for three years.

The state DMV would cap towing, drop fees, and daily storage. Rates would be set for each vehicle class.

Drivers and insurers would be allowed to inspect vehicles and recover personal items before paying.

The DMV would also investigate complaints, enforce the rules, and issue penalties for violations. LL