25 minute read
Legislation
By Brian J. Riker Despite the restrictions imposed due to the continuing pandemic the Towing and Recovery Association of America’s Third Annual Legislative Workshop was a huge success. Done virtually March14th this year via Zoom the atmosphere was different but the impact was even greater than in 2020 when their group was the last public group inside the Capitol Building when the decision was made to close the Capitol to visitors on March 12, 2020. Meeting with over 45 members of Congress representing 13 states as well as both the House Committee on Transportation and Infrastructure and the Senate Commerce Committee the towing industry had their collective voice heard on key legislative issues with a national impact. This is critical for the future of the industry and couldn’t be accomplished without the support and participation of the membership. Next year the TRAA hopes to have members from all 50 states attend an in-person event in Washington DC to speak on behalf of the entire industry.
The issue with the greatest impact to the tower is roadside safety. Although all 50 states have some form of a slow down move over law we all know these laws are ineffective if not flat out useless given most motorists are not even aware they are required to slow down or move over for police or fire let alone tow trucks. This is why TRAA is working with legislators on both sides of the aisle as well as in both the House and Senate to address roadside safety with a strong push to have language included in the soon to be introduced Highway Bill or other infrastructure
legislation this session.
Already they have the support of Senators Deb Fisher (R-NE) and Tammy Duckworth (D-IL) in requesting the US Department of Transportation adopt and promote best practices in SDMO guidelines on a national level, including a national commitment to Move Over. This will include supporting a National Slow Down Move Over Day resolution, increased educational funding, including towers among other first responders in future legislation and support for the soon to be reintroduced Protecting Roadside First Responders Act, which will include allowing towers to access services and funding usually reserved for other Agencies.
Another issue of concern to most towing company owners is the reintroduction of the INSURANCE Act. If passed this legislation will require interstate motor carriers, which includes most towers, to more than double the mandatory minimum public liability insurance coverage. Rising to over $2 Million from the current minimum of $750,000 for most motor carriers TRAA expects insurance premiums to increase by 40% or more.
It is important to note that many towers already carry $1 Million in public liability with many also having blanket or excess coverage of two million or more however this legislation would require the base coverage to be at least $2.1 Million which could not be satisfied with our current excess or blanket policies.
Keep in mind, this like most other Federal motor carrier legislation effects operations of any commercial vehicle over 10,000 pounds gross weight rating used in interstate commerce. Thankfully TRAA learned that one of the cosponsors of the INSURANCE Act from last year, Representative ◀
Cartwright, will not be cosponsoring it this year.
Given the difficulty most tow business owners face finding help today, and the fact that most towing companies are small family-owned businesses TRAA also was vocal in supporting the DRIVE SAFE Act. This legislation, if passed, will compel the Federal Motor Carrier Safety Administration to create pilot programs to evaluate the safety and effectiveness of allowing drivers between the ages of 18-20 to operate in interstate commerce. Again, like the INSURANCE Act, the current prohibition on under 21 year old drivers in interstate commerce applies to most towers, not just those that use CDL required vehicles or that physically cross state lines.
Interstate commerce is any part of the trade or traffic of goods coming from or intended for other states or nations including any portion that is wholly within one state or even within one city. This means any services to out of state motorists can be interstate commerce when the strictest interpretation of the definition is applied. Simply put, an 18 year old could legally drive a 3/5 ton pickup truck to school or clear across the country on vacation but they could not drive the same truck to do a jump start or tire change on an out of state motorist because it has a gross weight rating of 11,000 pounds and therefore is a commercial vehicle engaging in interstate commerce. ◀
TRAA finds this ridiculous and was very vocal in support for the DRIVE SAFE Act which will gather data regarding the safety of younger commercial drivers to put this issue to rest once and for all.
The last major national issue addressed by TRAA at their 3rd Annual Legislative Event was a size and weight issue. Congress to have the technical correction included in this session’s Highway Reauthorization Bill, TRAA is also proposing some language changes to allow towing of combination vehicles to appropriate repair or storage facilities in all states.
TRAA argued that splitting of certain types of combination vehicles, most notably petroleum
Your fellow towers from
intended to grant some flexibility to the towing industry in the 2015 FAST Act. While well intended there was a technical error in the text of the Bill that resulted in the Federal language in 23 USC § 127 requiring a covered heavy duty towing vehicle to have a weight equal to that of the casualty it was towing to take advantage of the weight exemption granted when it was intended to read as “gross weight rating”. The omission of the word “rating” has caused grief for towers nationwide as several states updated their vehicle regulations to comply with the letter of the law contained in the FAST Act not the spirit.
The discussion around this omission also resulted in TRAA recognizing that while the weight exemption is a good thing not all states allow a tower to tow combination vehicles as a unit legally which is also a safety issue. As part of their lobbying efforts tankers and automobile transporters is not only problematic but often unsafe to accomplish roadside. Further, TRAA argues that given the current climate of roadside injury and death from inattentive motorists it is a safety issue when multiple pieces of towing equipment and their associated operators are required to be dispatched to tow a combination vehicle that could otherwise safely be removed from harms way by a single tow truck and operator.
These are only a few of the legislative issues that were discussed during the TRAA Legislative Workshop, an intricate part of the entire Legislative Event or “Hill Day”. Other pressing issues facing the towing industry nationwide include the potential reintroduction of mandatory speed limiters on all commercial vehicles, changes to front, side and rear impact guards, mandatory integration of automatic braking systems and other vehicle automation technologies on all commercial vehicles. Additional topics being monitored closely include the insurance and trucking industry’s attempts to force national regulations of the price and services of towers and major changes to the definition of employee vs. independent contractor and how that will impact our industry.
In conclusion, your fellow towers from across the Nation took two days away from their business to gather with lawmakers in an effort to address several high priority issues on behalf of all towers in the US. Without folks like this, towers that at their own expense work for the greater good of the entire towing industry, our beloved industry would look very different. We might not even be a private industry anymore. There is already a push by insurance companies to transform incident management (police/non-consent) towing from a private industry to a public service operated by local and state governments much like the fire service and highway maintenance is operated.
Re-read the last paragraph above and think about that for a minute. Our entire way of doing business is under threat in the US, not just for police towers, but anyone responding to a disabled vehicle on a public roadway should stand up and take notice. Without your State and the TRAA fighting on your behalf this could soon become reality.
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By Brian J. Riker Despite the restrictions imposed due to the continuing pandemic the Towing and Recovery Association of America’s Third Annual Legislative Workshop was a huge success. Done virtually March14th this year via Zoom the atmosphere was different but the impact was even greater than in 2020 when their group was the last public group inside the Capitol Building when the decision was made to close the Capitol to visitors on March 12, 2020. Meeting with over 45 members of Congress representing 13 states as well as both the House Committee on Transportation and Infrastructure and the Senate Commerce Committee the towing industry had their collective voice heard on key legislative issues with a national impact. This is critical for the future of the industry and couldn’t be accomplished without the support and participation of the membership. Next year the TRAA hopes to have members from all 50 states attend an in-person event in Washington DC to speak on behalf of the entire industry.
The issue with the greatest impact to the tower is roadside safety. Although all 50 states have some form of a slow down move over law we all know these laws are ineffective if not flat out useless given most motorists are not even aware they are required to slow down or move over for police or fire let alone tow trucks. This is why TRAA is working with legislators on both sides of the aisle as well as in both the House and Senate to address roadside safety with a strong push to have language included in the soon to be introduced Highway Bill or other infrastructure ◀
legislation this session.
Already they have the support of Senators Deb Fisher (R-NE) and Tammy Duckworth (D-IL) in requesting the US Department of Transportation adopt and promote best practices in SDMO guidelines on a national level, including a national commitment to Move Over. This will include supporting a National Slow Down Move Over Day resolution, increased educational funding, including towers among other first responders in future legislation and support for the soon to be reintroduced Protecting Roadside First Responders Act, which will include allowing towers to access services and funding usually reserved for other Agencies.
Another issue of concern to most towing company owners is the reintroduction of the INSURANCE Act. If passed this legislation will require interstate motor carriers, which includes most towers, to more than double the mandatory minimum public liability
insurance coverage. Rising to over $2 Million from the current minimum of $750,000 for most motor carriers TRAA expects insurance premiums to increase by 40% or more.
It is important to note that many towers already carry $1 Million in public liability with many also having blanket or excess coverage of two million or more however this legislation would require the base coverage to be at least $2.1 Million which could not be satisfied with our current excess or blanket policies.
Keep in mind, this like most other Federal motor carrier legislation effects operations of any commercial vehicle over 10,000 pounds gross weight rating used in interstate commerce. Thankfully TRAA learned that one of the cosponsors of the INSURANCE Act from last year, Representative Cartwright, will not be co-sponsoring it this year.
Given the difficulty most tow business owners face finding help ◀
today, and the fact that most towing companies are small family-owned businesses TRAA also was vocal in supporting the DRIVE SAFE Act. This legislation, if passed, will compel the Federal Motor Carrier Safety Administration to create pilot programs to evaluate the safety and effectiveness of allowing drivers between the ages of 18-20 to operate in interstate commerce.
Again, like the INSURANCE Act, the current prohibition on under 21 year old drivers in interstate commerce applies to most towers, not just those that use CDL required vehicles or that physically cross state lines.
Interstate commerce is any part of the trade or traffic of goods coming from or intended for other states or nations including any portion that is wholly within one state or even within one city. This means any services to out of state motorists can be interstate commerce when the strictest interpretation of the definition is applied. Simply put, an 18 year old could legally drive a 3/5 ton pickup truck to school or clear across the country on vacation but they could not drive the same truck to do a jump start or tire change on an out of state motorist because it has a gross weight rating of 11,000 pounds and therefore is a commercial vehicle engaging in interstate commerce.
TRAA finds this ridiculous and was very vocal in support for the DRIVE SAFE Act which will gather data regarding the safety of younger commercial drivers to put this issue to rest once and for all.
The last major national issue addressed by TRAA at their 3rd Annual Legislative Event was a size and weight issue. Congress intended to grant some flexibility to the towing industry in the 2015 FAST Act. While well intended there was a technical error in the text of the Bill that resulted in the Federal language in 23 USC § 127 requiring a covered heavy duty towing vehicle to have a weight equal to that of the casualty it was towing to take advantage of the weight exemption granted when it was intended to read as “gross weight rating”. The omission of the word “rating” has caused grief for towers nationwide as several states updated their vehicle regulations to comply with the letter of the law contained in the FAST Act not the spirit.
The discussion around this omission also resulted in TRAA recognizing that while the weight exemption is a good thing not all states allow a tower to tow combination vehicles as a unit legally which is also a safety issue. As part of their lobbying efforts to have the technical correction included in this session’s Highway Reauthorization Bill, TRAA is also proposing some language changes to allow towing of combination vehicles to appropriate repair or storage facilities in all states.
TRAA argued that splitting of certain types of combination vehicles, most notably petroleum tankers and automobile transporters is not only problematic but often unsafe to accomplish roadside. Further, TRAA argues that given the current climate of roadside injury and death from inattentive motorists it is a safety issue when multiple pieces of towing equipment and their associated operators are required to be dispatched to tow a combination vehicle that could otherwise safely be removed from harms way by a single tow truck and operator.
These are only a few of the legislative issues that were discussed during the TRAA Legislative Workshop, an intricate part of the entire Legislative Event or “Hill Day”. Other pressing issues facing the towing industry nationwide include the potential r eintroduction of mandatory speed limiters on all commercial vehicles, changes to front, side and rear impact guards, mandatory integration of automatic braking systems and other vehicle automation technologies on all commercial vehicles. Additional topics being monitored closely include the insurance and trucking industry’s attempts to force national regulations of the price and services of towers and major changes to the definition of employee vs. independent contractor and how that will impact our industry.
In conclusion, your fellow towers from across the Nation took two days away from their business to gather with lawmakers in an effort to address several high priority issues on behalf of all towers in the US. Without folks like this, towers that at their own expense work for the greater good of the entire towing industry, our beloved industry would look very different. We might not even be a private industry anymore. There is already a push by insurance companies to transform incident management (police/non-consent) towing from a private industry to a public service operated by local and state governments much like the fire service and highway maintenance is operated.
Re-read the last paragraph above and think about that for a minute. Our entire way of doing business is under threat in the US, not just for police towers, but anyone responding to a disabled vehicle on a public roadway should stand up and take notice. Without your State and the TRAA fighting on your behalf this could soon become reality.
By Brian J. Riker Despite the restrictions imposed due to the continuing pandemic the Towing and Recovery Association of America’s Third Annual Legislative Workshop was a huge success. Done virtually March14th this year via Zoom the atmosphere was different but the impact was even greater than in 2020 when their group was the last public group inside the Capitol Building when the decision was made to close the Capitol to visitors on March 12, 2020. Meeting with over 45 members of Congress representing 13 states as well as both the House Committee on Transportation and Infrastructure and the Senate Commerce Committee the towing industry had their collective voice heard on key legislative issues with a national impact. This is critical for the future of the industry and couldn’t be accomplished without the support and participation of the membership. Next year the TRAA hopes to have members from all 50 states attend an in-person event in Washington DC to speak on behalf of the entire industry. The issue with the greatest impact to the tower is roadside safety. Although all 50 states have some form of a slow down move over law we all know these laws are ineffective if not flat out useless given most motorists are not even aware they are required to slow down or move over for police or fire let alone tow trucks. This is why TRAA is working with legislators on both sides of the aisle as well as in both the House and Senate to address roadside safety with a strong push to have language included in the soon to be introduced Highway Bill or other infrastructure legislation this session. Already they have the support of Senators Deb Fisher (R-NE) and Tammy Duckworth (D-IL) in requesting the US Department of Transportation adopt and promote best practices in SDMO guidelines on a national level, including a national commitment to Move Over. This will include supporting a National Slow Down Move Over Day resolution, increased educational funding, including towers among other first responders in future legislation and support for the soon to be reintroduced Protecting Roadside First Responders Act, which will include allowing towers to access services and funding usually reserved for other Agencies.
Another issue of concern to most towing company owners is the reintroduction of the INSURANCE Act. If passed this legislation will require interstate motor carriers, which includes most towers, to more than double the mandatory minimum public liability insurance coverage. Rising to over $2 Million from the current minimum of $750,000 for most motor carriers TRAA expects insurance premiums to increase by 40% or more.
It is important to note that many towers already carry $1 Million in public liability with many also having blanket or excess coverage of two million or more however this legislation would require the base coverage to be at least $2.1 Million which could not be satisfied with our current excess or blanket policies.
Keep in mind, this like most other Federal motor carrier legislation effects operations of any commercial vehicle over 10,000 pounds gross weight rating used in interstate commerce. Thankfully TRAA learned that one of the co-sponsors of the INSURANCE Act from last year, Representative Cartwright, will not be cosponsoring it this year.
Given the difficulty most tow business owners face finding help today, and the fact that most towing companies are small family-owned businesses TRAA also was vocal in supporting the DRIVE SAFE Act. This legislation, if passed, will compel the Federal Motor Carrier Safety Administration to create pilot programs to evaluate the safety and effectiveness of allowing drivers between the ages of 18-20 to operate in interstate commerce. ◀
Again, like the INSURANCE Act, the current prohibition on under 21 year old drivers in interstate commerce applies to most towers, not just those that use CDL required vehicles or that physically cross state lines.
Interstate commerce is any part of the trade or traffic of goods coming from or intended for other states or nations including any portion that is wholly within one state or even within one city. This means any services to out of state motorists can be interstate commerce when the strictest interpretation of the definition is applied. Simply put, an 18 year old could legally drive a 3/5 ton pickup truck to school or clear across the country on vacation but they could not drive the same truck to do a jump start or tire change on an out of state motorist because it has a gross weight rating of 11,000 pounds and therefore is a commercial vehicle engaging in interstate commerce.
TRAA finds this ridiculous and
was very vocal in support for the DRIVE SAFE Act which will gather data regarding the safety of younger commercial drivers to put this issue to rest once and for all.
These laws are ineffective
The last major national issue addressed by TRAA at their 3rd Annual Legislative Event was a size and weight issue. Congress intended to grant some flexibility to the towing industry in the 2015 FAST Act. While well intended there was a technical error in the text of the Bill that resulted in the Federal language in 23 USC § 127 requiring a covered heavy duty towing vehicle to have a weight equal to that of the casualty it was towing to take advantage of the weight exemption granted when it was intended to read as “gross weight rating”. The omission of the word “rating” has caused grief for towers nationwide as several states updated their vehicle regulations to comply with the letter of the law contained in the FAST Act not the spirit.
The discussion around this omission also resulted in TRAA recognizing that while the weight exemption is a good thing not all states allow a tower to tow combination vehicles as a unit legally which is also a safety issue. As part ◀
of their lobbying efforts to have the technical correction included in this session’s Highway Reauthorization Bill, TRAA is also proposing some language changes to allow towing of combination vehicles to appropriate repair or storage facilities in all states.
TRAA argued that splitting of certain types of combination vehicles, most notably petroleum tankers and automobile transporters is not only problematic but often unsafe to accomplish roadside. Further, TRAA argues that given the current climate of roadside injury and death from inattentive motorists it is a safety issue when multiple pieces of towing equipment and their associated operators are required to be dispatched to tow a combination vehicle that could otherwise safely be removed from harms way by a single tow truck and operator.
These are only a few of the legislative issues that were discussed during the TRAA Legislative Workshop, an intricate part of the entire Legislative Event or “Hill Day”. Other pressing issues facing the towing industry nationwide include the potential r eintroduction of mandatory speed limiters on all commercial vehicles, changes to front, side and rear impact guards, mandatory integration of automatic braking systems and other vehicle automation technologies on all commercial vehicles. Additional topics being monitored closely include the insurance and trucking industry’s attempts to force national regulations of the price and services of towers and major changes to the definition of employee vs. independent contractor and how that will impact our industry.
In conclusion, your fellow towers from across the Nation took two days away from their business to gather with lawmakers in an effort to address several high priority issues on behalf of all towers in the US. Without folks like this, towers that at their own expense work for the greater good of the entire towing industry, our beloved industry would look very different. We might not even be a private industry anymore. There is already a push by insurance companies to transform incident management (police/non-consent) towing from a private industry to a public service operated by local and state governments much like the fire service and highway maintenance is operated.
Re-read the last paragraph above and think about that for a minute. Our entire way of doing business is under threat in the US, not just for police towers, but anyone responding to a disabled vehicle on a public roadway should stand up and take notice. Without your State and the TRAA fighting on your behalf this could soon become reality.
By Brian J. Riker
On March 14th, America’s Third Annual Legislative Workshop was a virtual success. Meeting through Zoom with over 45 members of Congress representing 13 states as well as both the House Committee on Transportation and Infrastructure and the Senate Commerce Committee, the towing industry had their collective voice heard on key legislative issues with a national impact. The issue with the greatest impact to the tower is roadside safety. Although all 50 states have some form of a slow down move over law we all know these laws are ineffective if not flat out ◀
These laws are ineffective
useless given most motorists are not even aware they are required to slow down or move over for police or fire let alone tow trucks. This is why TRAA is working with legislators on both sides of the aisle as well as in both the House and Senate to address roadside safety
with a strong push to have language included in the soon to be introduced Highway Bill or other infrastructure legislation this session.
Another issue of concern to most towing company owners is the reintroduction of the INSURANCE Act. If passed this legislation will require interstate motor carriers, which includes most towers, to more than double the mandatory minimum public liability insurance coverage. Rising to over $2 Million from the current minimum of $750,000 for most motor carriers TRAA expects insurance premiums to increase by 40% or more.
It is important to note that many towers already carry $1 Million in public liability with many also having blanket or excess coverage of two million or more however this legislation would require the base coverage to be at least $2.1 Million which could not be satisfied with our current excess or blanket policies.
