The issue of predatory towing practices is back before the Missouri General Assembly.
In recent years, state lawmakers have introduced legislation to change rules related to commercial vehicle towing. On multiple occasions, the pursuits completed their trek through both statehouse chambers only to be vetoed by outgoing Gov. Mike Parson.
With Gov.-elect Mike Kehoe set to take office Jan. 13, 2025, trucking officials are hopeful this will mark the turning point in getting tow protections enacted.
Senate Bill 516
Sen. Justin Brown, R-Rolla, is behind a bill that addresses multiple issues of concern about towing.
The bill, SB516, would make the Missouri Department of Transportation responsible for establishing procedures for nonconsensual towing practices related to the removal of commercial vehicles from roadways.
The procedures must include a complaint filing and adjudication process. Provisions for permanently or temporarily prohibiting towing companies from performing nonconsensual tows if they violate the law are included.
Certain information must also be included on every invoice for a nonconsensual tow.
MoDOT would also be responsible for establishing a “Towing and Recovery Review Board.”
The bill includes a provision to permit the owner or operator of a commercial vehicle to request a specific towing company. Law enforcement must honor the request, “except under certain conditions.”
A separate provision would regulate the release of vehicles if fees were disputed. Additionally, per-pound charges for nonconsensual tows would be prohibited, and storage charges would have to cease accruing on the date a complaint was filed with MoDOT.
Another provision would prohibit nonconsensual tows from creating liens on the commercial vehicles or cargo. Towing companies would also be required to provide “reasonable access” to affected commercial vehicles.
Towing companies performing a nonconsensual tow when prohibited from doing so by MoDOT would be subject to $25,000 in fines per occurrence.
SB516 awaits assignment to committee for the regular session that begins Jan. 8, 2025.
OOIDA backs protections
The Owner-Operator Independent Drivers Association has long advocated at the statehouse for the adoption of protections from nonconsensual towing.
In 2024, OOIDA Executive Vice President Lewie Pugh spoke to lawmakers to share the concerns of the Association’s 7,600 Missouri-based members.
Pugh provided legislators with examples of “grossly overinflated” tow bills. He called on the General Assembly to make meaningful reform.
Hope for change with new governor
During his term in office, Parson twice vetoed legislation to enact towing reform.
A 2021 bill sought to provide additional consumer protections for truck drivers facing unscrupulous tow operators.
In his veto letter, Parson said one section of the bill would have allowed the Joint Committee on Transportation to regulate towing rates, investigate towing complaints and establish for law enforcement a towing rotation for commercial vehicles. He described the provisions as “legally problematic.”
Two years earlier, Parson vetoed a bill that would have created a towing task force to address concerns about nonconsensual towing. He said at the time that the state has “adequate protections” to address towing matters.
Pugh questioned why the governor was unwilling to enact “reasonable legislation” to correct problems with existing towing rules.
OOIDA is hopeful a change in the governorship will mark a turning point on the issue in the state. LL
More Land Line coverage of Missouri news is available.
Credit: Source link