FMCSA to accept comments on towing fees through Aug. 1

The Federal Motor Carrier Safety Administration is giving industry stakeholders another month to submit comments regarding the transparency of towing fees.

In a notice that was published in the Federal Register on Monday, July 1, FMCSA announced that it had extended the comment period through Aug. 1.

FMCSA said it extended the comment period to provide “interested parties the opportunity to share their perspectives on current industry practices regarding the disclosure of towing fees to the commercial motor vehicle owners and whether the owner is made aware of costs and fees prior to the tow.”

Predatory towing is an issue that the Owner-Operator Independent Drivers Association has spoken out against for years. In an arrangement referred to as third-party or nonconsensual tows, truckers cannot select the towing company or negotiate prices. The motor carrier is often at the mercy of whichever towing company is next on the local law enforcement’s rotation. In some cases, the tow can put an owner-operator out of business.

In November, the Federal Trade Commission published a notice of proposed rulemaking, which would prohibit unfair or deceptive practices relating to fees for goods and services.

“FMCSA believes FTC’s proposed regulation may significantly benefit the agency’s regulated community, specifically as it relates to the predatory towing practices that have a substantial financial impact on CMV owners and operators,” the agency wrote in a recent notice.

On June 21, FMCSA hosted a listening session regarding transparency in towing fees for commercial motor vehicles.

Transportation Secretary Pete Buttigieg stressed the importance of fairness during his opening remarks.

“This department has been clear in our support of protections against predatory towing junk fees. Truckers often have to travel far from home to deliver the goods that everyone depends on,” Buttigieg said. “In the event that their truck gets towed, they may not have any relationship or familiarity with the towing company that moves their vehicle. Until they get that vehicle back, their job and really their livelihood is put on hold. Tow truck drivers also play an essential role in keeping our roads safe by removing disabled vehicles. But in some cases, some players in the towing space recognize and exploit the vulnerability of these situations. Of course, there are necessary and fair costs associated with the towing of a commercial vehicle. But some companies have seen an opportunity to charge exorbitant fees.”

Several representatives of tow companies also attended. Bill Johnson, president of the Towing and Recovery Association of America, noted that tow workers are on call 24 hours a day, 365 days a year.

Truck drivers and other stakeholders who were unable to attend the June 21 public meeting have through Aug. 1 to provide comments. To do so, go to Regulations.gov and enter Docket No. FMCSA-2024-0124. LL