
State lawmakers around the country are pursuing rules to establish basic consumer protections from predatory towing for truck drivers and others.
The Owner-Operator Independent Drivers Association has worked throughout the years with states to establish regulations to protect truck drivers involved in a nonconsensual tow.
Missouri
A pair of Missouri bills focus on predatory towing practices.
The topic is not new at the Missouri statehouse. In recent years, legislators have passed multiple bills to modify rules related to commercial vehicle towing. On each occasion, however, the legislation was vetoed by then-Gov. Mike Parson.
Hopeful that a new governor will bring different results, Sen. Justin Brown, R-Rolla, and Rep. Dave Griffith, R-Jefferson City, have introduced identical bills that would address multiple issues of concern about towing.
The Missouri Department of Transportation would be responsible for setting procedures for nonconsensual towing practices related to the removal of commercial vehicles from roadways.
Procedures must include a complaint filing and adjudication process. The legislation includes provisions for permanently or temporarily prohibiting towing companies from performing nonconsensual tows if they violate the law.
Certain information must also be entered on every invoice for a nonconsensual tow.
MoDOT would be responsible for establishing a “Towing and Recovery Review Board.” The seven-member board would include “one member representing independent owner-operator truck drivers.”
A separate provision would permit the owner or operator of a commercial vehicle to request a specific towing company. Law enforcement would be required to honor the request, “except under certain conditions.”
Also included is a provision to regulate the release of vehicles if fees are disputed. Additionally, per-pound charges for nonconsensual tows would be prohibited.
Both bills, HB745 and SB516, await assignment to committee.
OOIDA calls on Missouri truckers to ‘be ready’
The Owner-Operator Independent Drivers Association has long advocated at the statehouse for the adoption of protections from nonconsensual towing.
OOIDA Executive Vice President Lewie Pugh spoke to lawmakers as recently as a year ago to share the concerns of the Association’s Missouri-based members. He is encouraged that a change in the governorship will mark a turning point on the issue in the state.
“The Senate and the House have been in total support of this for the past few years,” Pugh said. “Now that we have a pro-trucking governor, it is time to finally get towing reform in Missouri.”
Pugh encouraged Missouri truckers to be watchful of the legislation and to reach out to their lawmakers to support the changes. He also called on truck drivers residing in the state to “be ready to visit the state capitol to testify in support.”
Indiana
An Indiana bill would require a tow truck operator to provide an owner of a vehicle with a rate sheet if the owner is present at the time of a tow.
Sponsored by Rep. Matt Lehman, R-Berne, HB1108 would mandate that a rate sheet include the cost and charging rate for services that include clean-up service, labor or storage charge and any other additional fee or surcharge.
The information must be made available prior to attaching a vehicle to the tow truck. Additionally, a rate sheet would be required for display at a towing company’s place of business.
Assessing a cost or charging a rate in excess of the applicable cost or charging rate displayed on a rate sheet would be classified as a “deceptive act.” Tow operations found in violation of the rules would face a maximum $5,000 fine for each violation.
The bill is in the House Roads and Transportation Committee. It has not yet been scheduled for committee consideration.
Connecticut
A Connecticut Senate bill addresses rates and charges for nonconsensual towing.
SB295 would require the Connecticut Department of Motor Vehicles to establish uniform rates and charges for nonconsensual towing, transporting vehicles and storage. Additional factors that could be considered include the cost of fuel, wreckers, heavy duty wreckers, equipment, personnel and insurance premiums.
The proposal is intended to ensure appropriate rates and charges for nonconsensual towing. The bill would account for the costs and overhead expenses incurred by a towing company.
It has been referred to the Joint Transportation Committee. LL
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