At the mercy of towing companies

Unfair towing practices are the topic of legislation under review in multiple statehouses.

Rule changes are touted to establish basic consumer protections from predatory towing for truck operations.

OOIDA has spent years working to establish rules and regulations to protect truck drivers involved in a nonconsensual tow.

The Association has pointed out that since truckers are not able to check the price of the towing service, they are at the mercy of the towing company when it comes to cost.

Florida

A bill on the Florida governor’s desk addresses concerns about predatory towing practices.

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. Tow companies are permitted to claim a lien on motor vehicles for specified fees.

State lawmakers unanimously approved a bill to make multiple revisions to towing statute. HB179 would require counties to establish maximum rates that towers 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. In areas without established maximum rates, rates set by the Florida Highway Patrol would be recognized.

Rates would be required 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.

In addition, towing and storage operators would be mandated to maintain a rate sheet listing all fees related to vehicle recovery, removal or storage. The rate sheet must be posted at the place of business and provided upon request. A rate sheet also must be made available at the scene of a tow to the owner or operator, if present.

Additionally, a towing operator must 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.

Florida Trucking Association President Alix Miller said the legislation is “a huge victory” for trucking in the state. In prepared remarks, she added, “HB179 will weed out the predatory tow company tacticsand make the entire industry better and safer.”

Kentucky

In Kentucky, a towing bill is halfway through the statehouse.

SB107 includes a requirement for towing companies to submit their current rate sheets to all local law enforcement agencies in the company’s service area.

Local law enforcement agencies would be directed to remove from their wrecker log for a period of six months any companies that do not comply with requirements. Repeat offenders would face a one-year removal period.

A provision added to the bill in the House covers retrieval of items from the towed vehicle, including cargo.

Mississippi

Two Mississippi bills address concerns about nonconsensual towing and charges for commercial vehicles.

HB1622 and SB2635 would establish a commercial vehicle towing advisory committee within the Commercial Transportation Division of the Mississippi Department of Public Safety.

The panel would establish regulations for towing and recovery service providers. Statewide maximum tow services and storage rates for nonconsensual tows also would be set.

Additionally, per-pound billing for nonconsensual towing would be outlawed.

A resolution process also would be set up for truck owners who dispute the amount charged for towing and recovery. The advisory panel would be responsible for providing towing rates based on certain standards.

Disciplinary action against towing and recovery service providers would be established, as well.

In addition, law enforcement officers would be forbidden to receive compensation or any other incentive to select a particular towing and recovery service from a list.

Missouri

In Missouri, a House bill would permit truck drivers to file a complaint if they believe they were overcharged for a nonconsensual tow. State law currently does not allow this.

HB2214 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.

Also included in the bill is a provision to require security for release of a commercial vehicle from possession of a towing company to be 30% of the charges for tow services and storage.

OOIDA is among supporters that contend the bill would ensure individuals do not get 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 the bill is commonsense legislation.

Virginia

A pair of Virginia bills sent to the governor’s desk are intended to protect the public from predatory towing. Specifically, the legislation would prohibit solicitation of tow services.

Sen. Bill Stanley, R-Franklin, said the legislation addresses a specific problem occurring throughout the state. He testified at a recent hearing that tow companies “talk to first responders and say if they provide their business card and it results in a tow that (the first responder) will get a kick-back.”

In an effort to halt these actions, SB94 would prohibit tow truck drivers and towing and recovery operators from solicitation or offering tow services in any manner, directly or indirectly, at the scene of any wrecked or disabled vehicle on a highway.

The second bill, HB1073, would prohibit tow truck drivers from driving by the scene of a wrecked or disabled vehicle and initiating contact with the owner or operator of such vehicle by soliciting or offering towing services, and towing such vehicle, if the affected vehicle has a law-enforcement initiated tow. LL