SCS/SB 387 - Under this act, the Joint Committee on Transportation Oversight ("the committee") shall promulgate rules regarding the towing of commercial motor vehicles. The committee shall ensure towing companies charge fair, equitable, and reasonable rates for services rendered in connection with the towing of commercial motor vehicles, and shall promulgate rules that: • Establish a process for complaints against a towing company regarding the towing of a commercial vehicle;
• Establish factors used in determining whether a rate charged in connection with the towing of a commercial motor vehicle is fair, equitable, and reasonable;
• Establish a process for suspending or removing a towing company from a tow list with regard to the towing of commercial motor vehicles; and
• Establish information required to be included on invoices or notices associated with the towing of a commercial motor vehicle.
The committee shall meet as necessary for the implementation of this act, and the meetings may be held concurrently with existing meetings required of the committee.
If the committee determines a violation may have occurred, the complaint shall be referred to the "Commercial Motor Vehicle Towing Adjudicative Board", established in the act. If the board determines a violation has occurred, the towing company that committed the violation shall be removed from the Highway Patrol's tow list for 6 months for a first violation, 12 months for a second violation, and permanently for a third violation.
The committee may make recommendations to the Governor and General Assembly regarding statutes governing the nonconsensual towing of commercial motor vehicles.
This act is similar to provisions in the truly agreed to and finally passed SS#2/HB 661 (2021), provisions in HCS/SB 38 (2021), provisions in HCS/SS/SB 46 (2021), provisions in HCS/SS/SCS/SB 4 (2021), HB 389 (2021), and HB 1101 (2019).
ERIC VANDER WEERD