OOIDA, Missouri truckers want towing revision in state law

A renewed effort at the Missouri statehouse would permit truck drivers to file a complaint if they believe they were overcharged for a nonconsensual tow. The pursuit has been derailed by the governor multiple times.

The Missouri-based Owner-Operator Independent Drivers Association and the Missouri Trucking Association have supported the effort during its time at the statehouse.

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

Rep. Dave Griffith, R-Jefferson City, is again behind a pursuit that is intended to help truck operations of all sizes address the issue.

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.

They’ve also noted that other states have similar protections, and it is appropriate for Missouri to do the same.

House Bill 2214

Griffith’s bill, HB2214, includes a provision to give greater protection and recourse for third parties (those whose goods are impounded with the vehicle and who have no way of accessing them). 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.

Starting Oct. 1, the security required for release of a commercial vehicle from possession of a towing company would be 30% of the charges for towing and storage.

Critics have argued the legislation would be detrimental to small towing businesses. They question whether a truck owner would come back and pay any remaining charges.

Opponents also have pointed out that safeguards already exist against bad actors and that the legislation does not further these protections – arguing instead that it only burdens legitimate towing businesses.

Governor has not been supportive of pursuit

Related pursuits have been vetoed on at least two occasions.

In 2021, a bill sought to provide additional consumer protections for truckers facing unscrupulous towing operators.

Gov. Mike Parson stated in his veto letter that one section of the bill would have allowed the Joint Committee on Transportation to regulate towing rates, investigate towing complaints and establish for law enforcement a towing rotation for commercial vehicles.

Parson described the proposal as “legally problematic.” He questioned whether the committee could legally function.

In 2019, Parson vetoed a bill that included a provision to create a towing task force to address concerns about nonconsensual towing in the state.

The governor said at the time that the state has “adequate protections” to address towing matters.

One year ago, Griffith’s bill advanced from the House on a 151-3 vote. It died in the Senate Transportation, Infrastructure and Public Safety Committee without getting consideration.

This year’s version awaits assignment to committee.

‘Commonsense’ legislation

OOIDA has worked through the years with states to establish 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 the cost.

OOIDA Executive Vice President Lewie Pugh said it does not make sense for the Missouri governor to continue to stand in the way of protecting consumers.

Doug Morris, OOIDA director of state government affairs, added that Griffith’s bill is commonsense legislation being considered by many other states that do not already have nonconsensual legislation on the books.

“The only thing stopping the Missouri bill from passing is the fact that the governor refuses to sign the bill and continues to support the unfair practices of predatory towers,” Morris said.

OOIDA encourages Missouri truck drivers to communicate with their state House and Senate lawmakers in support of HB2214’s greater protection and recourse from nonconsensual tows. LL

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