Florida, Missouri bills target towing reform

Multiple states are reviewing legislation that addresses concerns about unfair towing.

Rule changes being pursued in Florida and Missouri are touted to establish basic consumer protections from predatory towing for truck drivers and motor carriers.

The Owner-Operator Independent Drivers Association has spent years working with states to establish regulations to protect truck drivers involved in a nonconsensual tow.

Since the trucker is not able to check the price of the towing service, OOIDA has pointed out the trucker is at the mercy of the towing company when it comes to the cost.

Florida

One Florida bill is intended to address concerns about predatory towing practices in the state.

The National Insurance Crime Bureau has reported the state is notorious for the practice.

Two House subcommittees have voted to advance legislation to improve transparency with towing fees.

“Once a vehicle is towed, the financial burden on the owner can be substantial,” NICB’s Eric De Campos said in prepared remarks. “Towing fees, storage fees and administrative charges quickly accumulate, creating a financial strain on individuals who have had their vehicle towed without their consent.”

He added that fees are “often disproportionately high and may not accurately reflect the cost of the towing service.”

Florida has no statewide maximum rates for towing or storage.

State law requires maximum rates to be set by each county. Cities are permitted to set maximum rates, in which case county rates do not apply. Maximum rates set by the Florida Highway Patrol apply when troopers call for a tow, unless the county or city has established rates.

Towing operators are permitted to claim a lien on motor vehicles for specified fees. Statute provides a process for foreclosing on such lien if fees remain unpaid.

Rep. Melony Bell, R-Fort Meade, is behind a legislative pursuit to make multiple revisions to towing statute.

HB179 would require counties and state troopers to establish a cost-plus recovery structure that towing operators may charge for cleanup and disposal of hazardous and nonhazardous materials incidental to a nonconsensual tow. Cities also would be permitted to enact such rates.

Maximum towing and storage rates set by the Florida Highway Patrol would be applicable in cities or counties without maximum rates.

Bell’s bill would require rates to be posted online. Counties, cities and the Florida Highway Patrol would be mandated to establish a process for investigating and resolving complaints regarding fees charged in excess of such rates.

Additionally, a towing operator would be required to allow inspection and release of the vehicle within one hour after the owner, lienholder, insurance company representative or agent provides specified documents during normal business hours at the site where the vehicle is stored.

“Until meaningful reform is enacted, individuals in Florida will remain vulnerable to the pitfalls of predatory towing,” Bell stated.

HB179 awaits further consideration in the House Infrastructure Strategies Committee.

Missouri

A Missouri House bill would permit truck drivers to file a complaint if they believe they were overcharged for a nonconsensual tow.

State law does not allow trucking operators who believe they were overcharged for a nonconsensual tow to file a complaint.

Sponsored by Rep. Dave Griffith, R-Jefferson City, HB2214 is intended to help truck operations of all sizes address the issue.

The bill includes a provision to give greater protection and recourse for third parties. Specifically, a company holding or storing property would be permitted to require the owner to complete documentation showing the property was released to the owner. A requirement also would be included to provide an itemized receipt for the property.

In addition, owners of goods transported in affected trucks would be permitted to file a petition in circuit court asserting that the property was unjustly taken or withheld.

Another provision would require security for the release of a commercial vehicle from the possession of a towing company to be 30% of the charges for towing and storage.

Supporters have said the bill would ensure that individuals are not taken advantage of with burdensome or unreasonable charges for vehicles being towed when there is otherwise no recourse available.

Doug Morris, OOIDA director of state government affairs, said that Griffith’s bill is common-sense legislation under consideration by many other states that do not already have non-consensual legislation on the books.

HB2214 awaits assignment to committee. LL

More Land Line coverage of state news is available.