
State lawmakers from around the country are pursuing rule changes that are intended to provide basic consumer protections from predatory towing for truck drivers and others.
The Owner-Operator Independent Drivers Association has a track record of working with states to adopt regulations to protect truck drivers involved in a nonconsensual tow.
Missouri
In Missouri, a House committee met this week to discuss a bill to address predatory towing.
HB745 would make the Missouri Department of Transportation responsible for setting procedures for nonconsensual towing practices related to removing commercial vehicles from roadways.
The agency would also be responsible for establishing a “Towing and Recovery Review Board.” The seven-member board would include “one member representing independent owner-operator truck drivers.”
OOIDA Executive Vice President Lewie Pugh testified at the House Transportation Committee hearing on behalf of the Association’s 7,600 Missouri-based members.
Pugh has pointed out that owner-operators are not protected against companies charging whatever amount they want for a tow. In these instances, he said, the impact on a small-business truck driver can be devastating.
The committee is scheduled to vote on the bill Tuesday, March 11. Missouri truck drivers are encouraged to reach out to their House lawmakers to ask that they communicate to committee members their support for HB745.
California
A California bill covers towing rules in the state.
Existing law imposes various requirements on tow truck operators related to the removal of vehicles from private property. Statute requires a tow truck operator to first obtain written authorization from the property owner and to provide notice to the vehicle owner.
AB987 would “ensure towing operators have reasonable standards.”
The bill could be considered in committee as early as March 23.
Connecticut
In Connecticut, a Senate bill deals with nonconsensual towing.
Specifically, the state Department of Motor Vehicles would be required 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.
SB295 is intended to ensure appropriate rates and charges for nonconsensual towing. Costs and overhead expenses incurred by a towing company would also be accounted for.
The bill is in the Joint Transportation Committee.
Illinois
Multiple Illinois bills involve nonconsensual towing and towing safety.
HB3430 calls for the creation of a towing advisory committee.
The panel would address issues that include creating rules and standards for the inclusion of a towing and recovery service on the tow list; establishing statewide maximum towing and storage rates for nonconsensual tows; and requiring a towing and recovery service to ban the use of per-pound billing for nonconsensual tows.
A towing and recovery service would be required to allow an owner or driver of a commercial vehicle to access the vehicle in a “reasonable manner.”
Additionally, it would be illegal for a law enforcement officer to recommend, receive compensation or receive any other incentive to select a particular towing and recovery service from a tow list.
The Senate Transportation Committee voted unanimously on Wednesday, March 5 to advance a bill that is touted to target towing “bad actors.”
Sen. Celina Villanueva, D-Chicago, described her bill as going after towing operators that ignore penalties and continue operating under new business names.
SB2040 would allow the Illinois Commerce Commission to impound tow trucks with unpaid fines. The state would also be permitted to revoke plates from tow trucks with unpaid fines.
In addition, fraudulent towers would be banned from obtaining new licenses for three years. Tow truck operators would also be forbidden from placing liens on essential personal property left in a towed vehicle.
“This legislation is about protecting drivers, cracking down on predatory towers and ensuring that Illinois has the enforcement tools necessary to hold violators accountable,” Villanueva said in prepared remarks.
New Mexico
One New Mexico House bill would create a towing services oversight and advisory board.
HB577 would set the board at 12 members. The panel would have responsibilities that include evaluating citizen complaints regarding towing services; facilitating mediation for towing-related disputes; assessing whether towing services comply with state regulations and contractual obligations; and proposing improvements to service standards and compliance requirements.
The bill is in the House Transportation, Public Works and Capital Improvements Committee.
North Carolina
Towing reform is the topic of a North Carolina House bill.
H199 calls for the creation of a Towing and Recovery Commission to implement towing rules.
Among the responsibilities of the group would be to issue permits to nonconsensual towing businesses; to establish maximum fees that a nonconsensual towing business may charge for booting, towing, storage and the handling of commercial cargo; to maintain a nonconsensual towing business database; and to record reports from the public of suspected noncompliance of rules.
Specific to commercial vehicles, nonconsensual towing businesses would be forbidden from charging storage or handling fees for cargo.
If the loaded cargo cannot be removed, a trailer swap must be permitted “where the swapped trailer is of equal or better condition than the original towed trailer.” Affected loads must be owned, leased or operated by the same company.
Pennsylvania
A Pennsylvania House bill covers towing regulations.
Statute allows tow combinations only under certain strict parameters and on certain highways. Truck tractors in the state requiring emergency service must be towed to a nearby garage or “other place of safety.”
Rep. Stephanie Borowicz, R-Clinton/Union, described her bill as easing regulations on the towing industry to allow for safer operating procedures. Specifically, HB188 would allow a truck tractor with no more than two trailers that require emergency service to be towed to a location of the owner’s choosing or other place of safety off of a highway.
The rule would also apply to overweight combinations as long as the tow truck travels directly to the place of repairs or place of safety.
Borowicz wrote in a memo that her bill would “ease regulations on our tow truck drivers and increase safety on the roads across the Commonwealth.”
The bill is in the House Transportation Committee.
Vermont
In Vermont, a House bill is focused on protecting consumers from unfair towing practices.
Following a 2024 towing practices report in the state, the legislation would put into statute recommendations that resulted from a study of the issue.
H268 would establish minimum standards for towing and storage services and “promote fairness and honest practices in the towing industry.”
A tow truck would be prohibited from stopping at a crash scene or near a disabled vehicle to solicit towing services either directly or indirectly.
Exceptions would be made if a law enforcement officer requested the tow or the vehicle owner or operator of the affected vehicle requested the tow company.
The towing company must provide a written itemized estimate of all charges and services to the vehicle owner or operator, if present at the time of the tow.
Any tow service must be to a location that is within 25 miles of where the vehicle was towed.
The state Department of Motor Vehicles would be responsible for establishing a complaint process for consumers and insurers.
The bill is in the House Commerce and Economic Development Committee.
Indiana
Two Indiana bills that addressed towing are dead.
HB1108 called for requiring a tow truck operator to provide an owner of a vehicle with a rate sheet if the owner were present at the time of a tow.
A rate sheet would have been required to contain the cost and charging rate for services that include clean-up service, labor or storage charge and any other additional fee or surcharge.
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.”
The second bill, HB1493, covered tow invoices and a process for addressing towing complaints. LL
More Land Line coverage of state news is available.
Credit: Source link