Mississippi Sets Out to Stop Predatory Towing, Enacts New Law

blue semi tow truck towing tanker semi truck

On April 19, Mississippi Governor Tate Reeves signed a bill into law aimed at curbing predatory towing practices against commercial vehicles in the state.

This new law establishes a Commercial Vehicle Towing Advisory Committee within the Department of Public Safety’s Public Commercial Transportation Enforcement Division.

“Predatory towing is an egregious practice that not only disrupts our state’s supply chain, but also costs Mississippi truck owners thousands of dollars for each unwanted tow,” said Mississippi Trucking Association President Hal Miller. “We are grateful to Mississippi legislators for listening to our concerns about this unfair tactic, and we thank Gov. Reeves for swiftly signing this bill into law.”

Among its responsibilities, the committee will set regulations and standards for towing services to be included on the approved tow list, define application procedures, and establish minimum qualification requirements. It will also set statewide maximum towing and storage rates for nonconsensual tows, including those on private property.

The law takes a firm stance against unfair practices, prohibiting towing companies from using per-pound billing for nonconsensual towing. It also mandates the creation of a Towing Service Standard Manual, a clear and transparent guide that governs the use of towing and recovery services for such instances involving commercial vehicles, ensuring a fair and just process for all.

Defined within the law, “nonconsensual towing” pertains to the movement, transportation, or recovery of a commercial vehicle by a towing service without prior consent from the vehicle owner or operator, whether from private property or initiated by law enforcement.

Furthermore, the law ensures that vehicle owners or their representatives can access personal property from their nonconsensual towed vehicles at storage facilities, irrespective of whether payment has been made for the towing service.

Before initiating a nonconsensual tow, towing services must document the vehicle’s condition and reason for towing, providing multiple photographs from various angles upon request by the vehicle owner. Moreover, the law prohibits the use of vehicle immobilization devices by towing services unless directed by law enforcement.

This legislation will be effective on July 1.

 

 

Source: Commercial Carrier Journal