The law will address abuses by a Memphis tower that was subject to complaints from truckers nationwide
Washington 鈥 The 黑料不打烊 commended Tennessee on enacting comprehensive reforms to crack down on predatory towers that target heavy-duty trucks. 听The bill, SB1692/HB1731, was signed into law by Governor Bill Lee after passing the Tennessee Senate unanimously and the House overwhelmingly without a single dissenting vote.
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Predatory towing entails any incident in which a towing operator severely overcharges; illegally seizes assets; damages assets by use of improper equipment; or illegitimately withholds release of a truck, trailer and/or cargo. 听Memphis has been a hotspot for illegal towing. 听Last fall, one trucker was prevented from paying a $275 booting fee, and her company was for the return of the vehicle. 听In a separate incident, a trucker was booted and blocked in while he was in the process of paying for parking. 听He to prevent it from being towed.
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Tennessee鈥檚 new law, which was drafted by Senate Majority Leader Jack Johnson (R-Franklin) and Representative Jake McCalmon (R-Franklin) with recommendations from the Tennessee Trucking Association, will protect truckers by prohibiting unlicensed individuals from booting vehicles anywhere in Tennessee. 听The law limits booting to commercial lots only. 听In order to boot a vehicle in a commercial parking lot, a licensed parking attendant must be present, easily identifiable as an employee of the commercial lot and available to remove the boot within 45 minutes from point of contact. 听The law caps the fee to remove a boot at $75. 听Notice provisions will ensure drivers are aware that parking in a lot without pay could result in the vehicle being booted or towed.
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Most noteworthy for the trucking and transportation industry, this legislation will make it illegal to boot or use a device to immobilize any truck and trailer in Tennessee that is clearly identified as a commercial vehicle with a USDOT number or with a commercial license plate issued for all classes of trucks and trailers described and registered pursuant to T.C.A. 55-4-113(a)(2) and T.C.A. 55-4-113(a)(5). 听The legislation also ensures that vehicle owners are properly notified if their vehicle is towed, sold or demolished by a towing company and directs the Department of Revenue to create a motor vehicle portal. 听The portal may be accessible by law enforcement, towing companies, vehicle owners and lien holders. The portal, to be active by July 2025, will be used for all public notifications of the sale of unclaimed vehicles.
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鈥淧redatory towing companies that hold equipment and cargo hostage with inflated, excessive and fraudulent invoices tarnish the reputation of the entire towing sector. 听They have taken advantage of the trucking industry for far too long, and we refuse to continue making these ransom payments any longer,鈥 said 黑料不打烊 President and CEO Chris Spear. 听鈥淎TA鈥檚 federation of state associations is prepared to fight back against unscrupulous companies that target our industry by injecting more accountability and fairness in state and local laws pertaining to towing.鈥
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鈥淪everal high-profile predatory towing incidents in Tennessee have exposed how this egregious practice not only disrupts our state鈥檚 supply chain, but also costs truck owners thousands of dollars for each unwanted tow,鈥 said Tennessee Trucking Association President & CEO Donna England. 听鈥淲e are grateful to Majority Leader Johnson, Representative McCalmon and Tennessee legislators for listening to our concerns about this unfair tactic, and we thank Governor Lee for swiftly signing this bill into law. 听We look forward to our continued partnership with our state鈥檚 leaders on commonsense reforms that promote justice, fairness and safety. 听Trucking is the lynchpin of our economy, and we should be prioritizing policies that are welcoming to truckers who deliver the goods we count on every day.鈥
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There is an essential partnership between trucking companies and towing companies, and truckers depend on towers when there is a mechanical breakdown. 听Unfortunately, when a truck is towed without the owner鈥檚 consent, rogue towing companies can exploit the situation. 听Truck drivers and trucking companies have little choice other than to pay the exorbitant bill since the truck is their livelihood and deliveries may be time sensitive. 听Legislation to reign in predatory towing creates guardrails that levels the playing field to ensure that both parties are treated fairly.
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According to a recent , the most common types of predatory towing are excessive rates, experienced by 82.7% of motor carriers, and unwarranted extra service charges, experienced by 81.8% of carriers. 听A majority of carriers encountered additional issues such as truck release or access delays, cargo release delays, truck seizure without cause and tows misreported as consensual.
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The trucking industry plays a significant role in the Tennessee economy and is a key provider of middle-class jobs, employing nearly 250,000 Tennesseans across the state. More than 90% of Tennessee communities rely exclusively on trucks to receive their goods.