Fenn Church : Tennessee Law Targets Predatory Towing – New Regulations Implemented

In a significant move to protect commercial truck drivers and motorists in the state, Governor Bill Lee has signed new reforms into law aimed at curbing predatory tow truck companies in Tennessee.

The legislation, known as House Bill 1731 or the Modernization of Towing, Immobilization and Oversight Normalization (MOTION) Act, brings about several key changes to regulate the booting and towing industry in the state. It prohibits unlicensed individuals from booting vehicles anywhere in Tennessee, restricts booting to commercial lots, mandates licensed parking attendants to remove a boot within 30 minutes of a driver’s call, and caps the boot removal fee at $75.

The American Trucking Association has welcomed the new law, stating that it will address abuses by towing companies, particularly referencing a Memphis-based towing company that has been the subject of complaints from truckers nationwide.

Under the new legislation, placing an immobilization device on any truck or trailer in Tennessee that is clearly identified as a commercial vehicle with a USDOT number or commercial license plate is now classified as a Class B misdemeanor. Additionally, booting or towing any motor vehicle from a commercial lot when the driver is present is also prohibited.

Chris Spear, President and CEO of the American Trucking Association, emphasized the importance of combating predatory towing practices, stating, “Predatory towing companies that hold equipment and cargo hostage with inflated, excessive, and fraudulent invoices tarnish the reputation of the entire towing sector. They have taken advantage of the trucking industry for far too long, and we refuse to continue making these ransom payments any longer.”

Following in the footsteps of Tennessee, Mississippi and Florida have also recently passed legislation targeting predatory towing practices.

Fenn Church, owner of Church Transportation based in Birmingham, Alabama, shared his support for the new Tennessee law, citing two incidents where his trucks were illegally booted and towed from gas stations in Memphis, resulting in significant financial losses. Church expressed gratitude towards Tennessee, Florida, and Mississippi for taking action against corrupt towing companies.

Notably, the Tennessee law also mandates that licensed parking lots and attendants accept credit and debit cards for boot removal payments, maintain a 24/7 monitored phone number, and prohibits charging a boot removal fee to anyone who has already paid to park.

Violators of the law could face license revocation as a consequence. Donna England, President & CEO of the Tennessee Trucking Association, praised the legislation, highlighting its impact on the state’s supply chain and the financial burden on truck owners.

With the trucking industry playing a vital role in the Tennessee economy, employing nearly 250,000 residents and servicing over 90% of communities in the state, the new law aims to promote justice, fairness, and safety within the towing sector.

The legislation is set to take effect on July 1, marking a significant step towards combating predatory towing practices and protecting the rights of commercial truck drivers and motorists in Tennessee.