Truckers seek fairness and transparency when it comes to third-party towing.
That was the Owner-Operator Independent Drivers Association’s message to the Federal Motor Carrier Safety Administration. OOIDA filed formal comments to the agency regarding predatory towing in the trucking industry on Thursday, Aug. 1.
“If they need a tow, our members and all drivers just want to be treated fairly and respectfully,” OOIDA wrote. “However, there’s a major problem when a tow bill that should not exceed a thousand dollars turns into an invoice for tens of thousands.”
A third-party, or nonconsensual, tow is when law enforcement uses its local towing rotation to have a tractor-trailer removed following a crash or other traffic incident. That means the trucker typically doesn’t get to select the tow company or to negotiate prices. The motor carrier is often at the mercy of whichever towing company is next on the local law enforcement’s rotation.
OOIDA Executive Vice President Lewie Pugh recently told a House subcommittee about a member who received a $60,000 towing bill, which included about $9,000 in heat-and-humidity fees.
“During a nonconsensual tow, there is usually no opportunity for motor carriers to negotiate services or compare prices among multiple towing operators,” OOIDA wrote. “Unfortunately, truck drivers are routinely held responsible for towing bills that are blatantly inflated by tens of thousands of dollars, and there is hardly ever any effective or efficient recourse. This financial impact on small-business truckers can be devastating.”
FMCSA addressing problem?
Earlier this year, FMCSA held a meeting aimed at improving transparency for towing fees charged to motor carriers.
During opening remarks, Transportation Secretary Pete Buttigieg said that some towing companies have taken advantage of the situation by charging “exorbitant fees.”
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 in a recent notice.
In addition to the meeting, FMCSA gave the public through Thursday, Aug. 1 to submit comments. LL
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