Ohio Governor Mike DeWine signed into law new legislation on January 8 aimed at establishing a formal process to address disputes over towing fees for commercial vehicles. The law, which takes effect on April 9, introduces legal remedies for situations involving the towing of commercial motor vehicles following accidents.
Key Provisions of the Law
The newly enacted legislation allows owners of towed commercial vehicles to initiate civil actions against towing services or storage facilities if there is a disagreement over the billed amount for towing and storage services. This provision empowers vehicle owners to challenge excessive fees and seek fair resolutions through the legal system.
Additionally, the law permits towing companies or storage facilities to file civil actions against vehicle owners to enforce payment of outstanding towing and storage fees. This can occur after 46 days from the date the owner received the bill, ensuring that service providers have a mechanism to recover due payments while providing a reasonable timeframe for dispute resolution.
Legislative Support and Background
The legislation, sponsored by State Senator Al Cutrona, was incorporated into House Bill 403, which encompassed a series of motor vehicle-related regulatory changes. The bill received widespread bipartisan support, passing the Senate without opposition on December 18. Co-sponsors included Republican Senators Jerry Cirino, Terry Johnson, Stephanie Kunze, Nathan Manning, Bill Reineke, and Shane Wilkin, as well as Democratic Senators Hearcel Craig, William DeMora, and Catherine Ingram.
Implications for the Trucking Industry
The enactment of this law is particularly significant for the trucking industry, which has long grappled with issues related to predatory towing practices. Instances of overcharging, unauthorized tows, and refusal to release vehicles without exorbitant payments have posed challenges for commercial vehicle operators. By providing a structured legal framework to contest unreasonable fees, the law aims to protect truckers from exploitative practices and promote fairness in the towing industry.
Industry Response
The Ohio Trucking Association (OTA) has expressed support for the new law, viewing it as a positive step toward addressing longstanding concerns over towing practices. OTA President and CEO, Thomas Balzer, stated, “This legislation provides much-needed recourse for our members who have been subjected to unjust towing fees. It establishes a fair process to resolve disputes and ensures that towing services operate with greater transparency.”
Looking Ahead
As the law comes into effect on April 9, both vehicle owners and towing service providers are advised to familiarize themselves with the new legal provisions. For vehicle owners, understanding their rights under the law will be crucial in effectively addressing any disputes that may arise. Towing companies and storage facilities, on the other hand, will need to ensure compliance with the regulations to avoid potential legal challenges and foster trust within the industry.
In conclusion, Ohio’s Towing Fairness Law represents a significant advancement in protecting the rights of commercial vehicle owners and promoting equitable practices within the towing industry. By establishing clear legal avenues for dispute resolution, the state aims to mitigate conflicts and enhance the overall fairness and transparency of towing operations.
