Towing reform continues at statehouses

Progress continues at statehouses to provide basic consumer protections from predatory towing for truck drivers and others.

The Owner-Operator Independent Drivers Association has worked and will continue to work with states to adopt rules to protect truck drivers involved in a nonconsensual tow.

Connecticut

A new Connecticut law provides comprehensive towing reform in the state.

Previously HB7162, the new law starts with a “towing bill of rights.” The Department of Motor Vehicles commissioner will develop the bill of rights by the end of August.

As of Oct. 1, towing companies must make available the bill of rights to the public.

Another provision overrides the current DMV-established rate schedule for medium- and heavy-duty nonconsensual tows. In its place, the agency is responsible for establishing a new rate schedule.

Starting July 1, temporary rates will be in place for medium-duty, heavy-duty and oversize/overweight vehicles. The temporary rates will be used until the new rate schedule is established.

The DMV is required to create separate rate schedules for private property trespass towing and police-ordered towing. There will no longer be one schedule for all nonconsensual towing.

Maximum hourly rates that could be charged for a heavy-duty nonconsensual tow will be $700 per hour. The amount is up from the current $390 rate. It includes recovery.

Rates are required to be reconsidered and potentially amended every three years.

DMV commissioner Tony Guerrera previously told lawmakers his agency views the changes “as a reasonable step forward to strengthen oversight and protect consumers.”

Arkansas

Arkansas was the first state this year to enact towing reforms.

State law permits a towing or storage company to hold a vehicle for a lien or claim for unpaid towing and storage fees.

The new law permits vehicle owners to get their cargo returned for a fee. The new rule ensures that towers will get 20% of the value of truck cargo up front. They can still have a lien on the cargo.

Sen. Kim Hammer, R-Benton, said the remaining balance of the tow bill must still be paid.

“(The new law) still requires the remaining balance of the tow bill to be paid, but this allows (motor carriers) to remove their cargo,” Hammer explained on the Senate floor.

Also covered in the new law is a process to file towing complaints.

Towing services must include on invoices notice of the state’s complaint process. The new rule takes effect July 1.

The new rule requires notification “prominently printed in bold letters at the bottom of each invoice” to include the phone number and web address of the Arkansas Towing and Recovery Board.

Doug Morris, OOIDA director of state government affairs, said that as Arkansas and other states look at their towing programs, they are learning there are towers that take advantage of people and overcharge them.

He added that the majority of towers are running their business the right way. He said there are a few, however, that give the industry a bad reputation.

The towing board is also being overhauled.

An emergency clause immediately removed all nine existing board members.

The new law stipulates that the board must include one member who represents the trucking industry. Another member will represent the commercial trucking insurance industry.

Illinois

An Illinois bill headed to Gov. JB Pritzker’s desk targets towing “bad actors.”

Sen. Celina Villanueva, D-Chicago, introduced the bill that she described as going after towing operators that ignore penalties and continue operating under new business names.

Currently, the Illinois Commerce Commission issues fines to violators. Bill supporters have said that many of the worst offenders still ignore penalties and continue operating under new business names.

House and Senate lawmakers approved a bill by unanimous consent that would allow the commission to impound tow trucks with unpaid fines. SB2040 would also permit the state to suspend plates from tow trucks with unpaid fines.

In addition, fraudulent towers would be prohibited from obtaining new licenses for three years. One more provision would forbid tow truck operators from placing liens on essential personal property left in a towed vehicle.

Villanueva said predatory towing operators have taken advantage of consumers for far too long.

“This legislation is about restoring fairness and accountability to the system, ensuring that no one falls victim to these deceptive practices,” Villanueva stated after the Senate floor vote.

North Carolina

A North Carolina bill addresses towing. A local media report shows that predatory towing has been an issue in the state.

House lawmakers voted unanimously to advance to the Senate a bill that focuses on commercial booting and return of commercial cargo.

H472 would outlaw immobilization of a commercial vehicle for parking enforcement purposes. The ban would apply to any device such as a boot.

Violators would face a Class 2 misdemeanor charge. Fines and court costs for such offenses can top $430.

Included in the bill is a provision for return of cargo. A tow company involved in a nonconsensual or government-initiated tow would be required to return any commercial cargo to the truck driver or owner of the cargo, upon request.

A trailer swap would be permitted under the condition that a different trailer is “of similar type that is in working condition and was manufactured within five years of the manufacturing date of the original trailer, or newer, as arranged by the commercial cargo owner.”

The bill awaits consideration in the Senate Rules and Operations Committee.

Pennsylvania

One Pennsylvania bill is intended to make it easier to get a large truck to a preferred facility for service.

Trucks requiring emergency service can be towed to a nearby garage or “other place of safety.”

Sponsored by Rep. Stephanie Borowicz, R-Clinton/Union, the bill is described as easing regulations on the towing industry to allow for safer operating procedures.

HB188 would permit a truck tractor with up to two trailers that require emergency service to be towed to a location of the owner’s choosing or other place of safety off a highway.

The change would also apply to overweight combinations as long as the tow truck travels directly to the place of repairs or place of safety.

Borowicz said the bill would “ease regulations on our tow truck drivers and increase safety on the roads across the Commonwealth.”

HB188 is in the House Transportation Committee. LL