Notice2024-11957
Transparency in Fees Commercial Motor Vehicle Operators are Charged for Towing and Recovery Services
Primary source
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Published
May 31, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces a public meeting to engage stakeholders, which includes motor carriers, towing and recovery services for commercial motor vehicle (CMV) operations, and other interested parties, to get their perspective on current industry practices regarding the disclosure of towing fees to the CMV owners and whether the owner is made aware of costs and fees prior to the tow.
Full Text
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<title>Federal Register, Volume 89 Issue 106 (Friday, May 31, 2024)</title>
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[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Notices]
[Pages 47206-47207]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11957]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0124]
Transparency in Fees Commercial Motor Vehicle Operators are
Charged for Towing and Recovery Services
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of public meeting.
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SUMMARY: FMCSA announces a public meeting to engage stakeholders, which
includes motor carriers, towing and recovery services for commercial
motor vehicle (CMV) operations, and other interested parties, to get
their perspective on current industry practices regarding the
disclosure of towing fees to the CMV owners and whether the owner is
made aware of costs and fees prior to the tow.
DATES: The meeting will be held on June 21, 2024, from 9 a.m. to 12
p.m. eastern standard time (EST). A copy of the agenda will be
available in advance of the meeting at <a href="https://www.fmcsa.dot.gov/towingfees/fmcsa-towing-fees-public-meeting">https://www.fmcsa.dot.gov/towingfees/fmcsa-towing-fees-public-meeting</a>. Individuals unable to
participate in the public meeting may submit written comments to the
docket listed at the beginning of this notice. Written comments
concerning the disclosure of towing fees to CMV owners should be
submitted by July 1, 2024.
ADDRESSES: The meeting will be held at the DOT Headquarters Building,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Those interested
in attending this public meeting in person should register at <a href="https://www.fmcsa.dot.gov/towingfees/fmcsa-towing-fees-public-meeting">https://www.fmcsa.dot.gov/towingfees/fmcsa-towing-fees-public-meeting</a> by 11:59
p.m. EST, on June 11, 2024. There will be room for 50 persons and there
will be a virtual option. Attendees should arrive at the DOT
Headquarters Building by 8:30 a.m. to allow sufficient time to clear
security.
Interested parties may submit comments identified by Docket Number
FMCSA-2024-0124 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2023-0124/document">https://www.regulations.gov/docket/FMCSA-2023-0124/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, West Building, Ground Floor, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
<bullet> Submissions Containing Confidential Business Information
(CBI): Brian Dahlin, Chief, Regulatory Evaluation Division, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590.
To avoid duplication, please use only one of these four methods.
See the ``Confidential Business Information'' portion of the
SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Larry W. Minor, Associate
Administrator for Policy, FMCSA, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001; (202) 366-4012; <a href="/cdn-cgi/l/email-protection#75191407070c5b181c1b1a0735111a015b121a03"><span class="__cf_email__" data-cfemail="93fff2e1e1eabdfefafdfce1d3f7fce7bdf4fce5">[email protected]</span></a>.
Services for individuals with disabilities: For information on
facilities or services for individuals with disabilities or to request
special assistance at the meeting, contact Larry W. Minor using one of
the above means by 11:59 p.m. EST, on June 7, 2024.
SUPPLEMENTARY INFORMATION:
A. Submitting Comments
If you want to submit a comment on this subject, please include the
docket number for this notice (FMCSA-2024-0124). You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so that FMCSA can contact you if there are
questions regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0124/document">https://www.regulations.gov/docket/FMCSA-2024-0124/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.
[[Page 47207]]
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to this notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
that constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket for this meeting. Submissions containing CBI should
be sent to Brian Dahlin, Chief, Regulatory Analysis Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Any comments FMCSA receives not specifically designated as CBI will be
placed in the public docket.
B. Viewing Comments and Documents
To view comments, as well as notes from this public meeting, go to
<a href="https://www.regulations.gov/docket/FMCSA-2024-0124/document">https://www.regulations.gov/docket/FMCSA-2024-0124/document</a> and choose
the document to review. To view comments, click this notice, and click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m. EST, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
DOT posts comments received, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. The comments are posted without edit
and are searchable by the name of the submitter.
D. Background
On November 9, 2023, the Federal Trade Commission published a
notice of proposed rulemaking (NPRM), ``Rule on Unfair or Deceptive
Fees,'' which would prohibit unfair or deceptive practices relating to
fees for goods or services, specifically, misrepresenting the total
costs of goods and services by omitting mandatory fees from advertised
prices and misrepresenting the nature and purpose of fees (88 FR
77420). On February 7, 2024, FMCSA submitted comments in response to
the NPRM. A copy of the FMCSA comments is included in the public docket
identified above.
FMCSA believes FTC's proposed regulation may significantly benefit
the Agency's regulated community, specifically as it relates to the
predatory towing practices that have a substantial financial impact on
CMV owners and operators. There are two contexts in which predatory
towing of CMVs may take place: consensual or nonconsensual. The
consensual context usually occurs following a vehicle accident or
malfunction where the CMV owner or operator has requested towing
service and given permission for the towing company to tow the vehicle.
The nonconsensual context most often occurs when an unlawfully parked
vehicle is removed from public or private property at the request of a
law enforcement officer or a property owner and the CMV owner or
operator has not given permission for the towing.
Once towed, CMV owners and operators are in a very vulnerable
position and highly susceptible to predation. Predatory towing
companies can use their possession of the vehicle as leverage to price
gouge and otherwise prey upon CMV owners and operators who are in no
position to push back. The nature of the business means that when CMV
owners' and operators' vehicles are towed, they are typically not
dealing with companies with which they have established business
relationships. Many CMV owners and operators drive long distances and
travel interstate, and, accordingly, may find their vehicles in need of
towing without a familiar towing company nearby. The Agency believes
these circumstances set the stage for predatory towing incidents.
FMCSA also notes that towing companies have taken issue with this
characterization of the fees towing companies charge. Their lead trade
association for the towing and recovery industry acknowledges that
there are towing companies that engage in predatory behavior but that
some of the fees identified by FMCSA are valid and necessary for towing
companies to operate and keep the roads clear of disabled vehicles. The
towing industry does not believe that the fees charged by towing
companies are of the nature that the FTC should regulate in its
rulemaking.
Public Meeting Information
This meeting is intended for interested parties, including motor
carriers and representatives of towing and recovery service providers
to discuss common trends in invoicing in commercial towing
circumstances, with the aim of learning about trends in particular
regions or in particular types of tows (e.g., commercial vehicle tows
in response to traffic incidents, non-emergency tows). FMCSA believes
predatory towing negatively impacts CMV drivers and trucking companies
and that this practice is detrimental to the overall health of the
trucking industry. To the extent that tow truck companies are charging
legitimate fees, those fees should be transparent and well-
communicated. Therefore, consistent with the Agency's safety mission,
FMCSA encourages interested parties to participate in this dialogue and
to share information on current practices and the impact these hidden
fees have on small businesses' ability to operate safely. FMCSA intends
for this meeting to serve as a forum for diverse stakeholders to
interact and identify fees and practices that are legitimate and
necessary to keep the roads clear of disabled vehicles, while
establishing best practices to prevent rogue industry participants from
engaging in predatory behavior by charging unfair or deceptive fees.
The full meeting agenda will be available on the registration site
(see ADDRESSES above for instructions on meeting registration) in
advance of the meeting.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-11957 Filed 5-30-24; 8:45 am]
BILLING CODE 4910-EX-P
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