Stay up to date with the latest transportation news by receiving TTNews directly in your email. ]
After July 1, Tennessee will ban the installation of boots on any truck or a trailer that is clearly identified as a business vehicle, either with a commercial license plate number or a U.S. Department of Transportation Number.
“Individuals will… buy these booting devices, show up in parking lot and start putting boot on people’s car, and then [are] awaiting them to come out of a restaurant and tell them to pay $200, or something, to get this boot removed,” said Jack Johnson, a state senator who, along with state Rep. Jake McCalmon, drafted the “Modernization of Towing, Imprisonment and Oversight (MOTION Act)” which was signed into law Bill Lee signed the MOTION Act into law on May 28. Johnson said that towers with a lack of integrity should be “held accountable.”
Donna England, President and CEO of Tennessee Motor Truck Association, stated that predatory towing practices are also a concern for truckers. England gave input to the legislators who drafted the bill. She expressed gratitude that a law was now in place to help end predatory practices.
She said, “This legislation will not only benefit Tennesseans, but also truckers throughout the country.”
Tennessee-registered Towers have been able conduct business in Arkansas for many years.
Johnson said that towers who are “unscrupulous” should be “held accountable.” (Tennessee General Assembly).
England said that predatory towing was brought to her attention by Alabama Trucking Association CEO Mark Colson last fall, when he shared with her how one of his members from a trucking company in Memphis had been ensnared and towed away by an unscrupulous tow tower.
England heard from her members shortly after that about similar incidents in Memphis. Memphis is a hotspot for the problem. This has also become a problem in Arkansas and Mississippi.
“One member was tow from West Memphis, Ark. and charged $3.500. Another was tow from Mississippi using a medium-duty wrecker which damaged their vehicle and was charged $4.500. She said that she had received numerous reports of trucks being towed in various locations around Memphis, including truck stops and lots without signs indicating parking. “Our goal is to create a level playing field for all parties involved, not to harm reputable companies. We have several towing firms in our association that are great to work with.
Paul Burnett, Director of the Arkansas Towing and Recovery Board told Transport Topics a story about a recent case in which a Tennessee towing firm’s license to operate as a booting and towing company in Arkansas was suspended after a complaint by a Tennessee trucking firm about predatory practices. (The towing firm can appeal the suspension.
According to the new Tennessee law vehicle booting is only legal in commercial lots where a parking attendant with a license and proof of employment can be physically present. The attendant must also be able remove the boot within 45 mins after being contacted. Payments can be made by credit/debit card. Parking lot signs are required to warn that unpaid vehicles parked there could be booted or town. The law also requires that Tennessee vehicle owners be properly notified when their vehicle is towed or sold by a towing firm.
The state Department of Revenue has also been directed to create, by July 2025, a motor vehicle portal that is accessible by law enforcement, towing firms, vehicle owners, and lien holders, and contains all public notifications regarding unclaimed vehicle sales.
American Trucking Associations president Chris Spear applauded Tennessee’s new law.
“Predatory towing firms that hold equipment and freight hostage with excessive, fraudulent and inflated invoices tarnishes the reputation of the entire sector.” Spear said that they have been exploiting the trucking industry far too long and we will no longer pay ransoms. “ATA’s federation state associations is ready to fight back against unscrupulous businesses that target our industry, by injecting more fairness and accountability into state and local laws pertaining t towing.”
England said, “I encourage everyone to reach out to me if these problems persist after July 1, 2020.”