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Archive June 2024

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TRAA Makes Opening Remarks at FMCSA Public Hearing

The Federal Motor Carrier Safety Administration (FMCSA) has just concluded a public hearing titled “Transparency in Fees CMV Operators Are Charged for Towing and Recovery Services.” As stated by Brian Stansbury, FMCSA Chief Counsel, today's meeting was the direct result of TRAA's engagement with the agency. Bill Johnson, TRAA’s President, provided opening remarks and submitted written testimony. In the testimony, TRAA emphasized three concerns with the FMCSA position:

 

  1. FMCSA’s position is based on only one biased and industry-funded “study” conducted by the American Transportation Research Institute (ATRI) with funding from the ATA. Additionally, the “study” includes misleading information that overstates the scope of the perceived problem.
  2. FMCSA ignores basic facts around the complexity of towing and traffic incident response that make providing exact quotes nearly impossible to generate before seeing the scene and specific circumstances of an incident.
  3. By adding to the complexity and time associated with incident response, FMCSA’s seemingly preferred solution would create new safety concerns for not only towers, but other traffic incident responders as well. This is due to the fact that it would likely require on-site negotiation and the response of multiple tow companies with additional traffic incident management responders present. Further, such requirements could violate state laws in some circumstances and would create dangerous roadside conditions, the opposite of FMCSA’s statutory mission.

 

TRAA engaged the FMCSA immediately following their submission of public comments to the FTC regarding the “Junk Fee” Rule. Among our requests was that FMCSA involve the towing industry and stakeholders in a public setting rather than blindly do the ATA’s bidding. TRAA continues to encourage DOT to establish a task force to investigate transparency in towing rather than regulate without any evidence or industry input.

 

The hearing is evidence of the continued progress that TRAA is making, including the appropriations report language from last week.

 

TRAA is also continuing to work directly with the FTC, providing follow-up information following an initial meeting and more planned for next week.

 

Thank you to all of the TRAA members who participated in today's meeting.

 

We will continue to keep you apprised of any additional updates from Washington. 

 

Sincerely,

David J. Garriepy

Vice President, Government Affairs

Tremont Strategies Group (TSG)

TRAA Represents Industry at Electric Vehicle Incident Management Symposium

Traffic incident management (TIM) stakeholders from across the east coast convened in College Park, MD for the Electric Vehicle (EV) Incident Management Symposium hosted by Metropolitan Area Transportation Operations Coordination (MATOC) and the Eastern Transportation Coalition on Monday, June 3rd.

 

Moderated by Joseph Tebo from the Federal Highway Administration’s Office of Operations, the conference brought together over 150 professionals from all responder disciplines. Representation for the towing and recovery industry included James Jennings, TRAA's 2nd Vice President, as well as representatives from the Towing and Recovery Professionals of Maryland (TRPM), Sunshine State Towing Association (SSTA), Guardian Fleet Services, Redman's Fleet Services, and Tim’s Towing of Maryland.

 

The keynote speaker was Robert Swain, owner of How it Broke, Inc. and a 27-year veteran of the National Transportation Safety Board (NTSB). Mr. Swain is now a respected expert in electric and hybrid safety. Case study presentations given by Chief Browning of Montgomery County Fire Rescue on EV accidents, Sean Loscalzo of Guardian Fleet on flooded and damaged EV and hybrid vehicles and impacts to EV vehicles during Hurricane Irma, and from Rahmane Camara from the Connecticut DOT on electric bus thermal runway events. Jacob's Engineering also gave a Virtual Reality TIM Training Software demonstration and there were panel discussions by industry leaders on the dangers of EV's and legislation needed for additional training, support, equipment, technology, and infrastructure to help deal with the coming increase with the EV automobile and heavy trucks on our nation's highways.

 

It's great to know that there are qualified professionals out there focusing on EV safety for the benefit of all the responder disciplines and the motoring public. Thank you to all the towing and recovery representatives who attended the EV Conference, our participation in these influential events furthers both the industry’s professionalism and the perception of other industry stakeholders.

Congressional Language to FTC Regarding Towing in Report Language

Earlier today, the U.S. House Appropriations Committee released its Financial Services and General Government appropriations bill and report for Fiscal Year 2025. As we reported in our April 19th notice, and as a direct result of TRAA advocacy efforts during our Hill Day and subsequent lobbing, the bill includes the following report language:

 

Junk Fees.—The Committee is concerned by the broad scope of the FTC’s proposed rule ‘‘Trade Regulation Rule on Unfair or Deceptive Fees’’. While truly deceptive and excessive fees are important to combat, expected fees, such as large party service fees and delivery fees at restaurants, as well as fees not included in the proposed rule, such as towing fees for commercial motor vehicles, lack the necessary evidence to prove their inclusion would be beneficial in the final rule. In short, the FTC has failed to demonstrate that the broad scope of the proposed rule will not impose burdens and costs in certain areas of the economy that are not offset by countervailing benefits. The Committee encourages the FTC to ensure such fees are omitted from the scope of any final rule. [Emphasis added]

 

The bill will be marked up in full committee tomorrow and is expected to be included in the version that passes the House of Representatives, likely next month. This language is a powerful tool through the House of Representatives is communicating its disapproval of FTC overreach in including towing in its junk fees rule. This report language will be noticed by the FTC staff immediately and will play an important role in continuing to build support for our efforts. This is an important building block in our work to fight this unfair regulation, and one that would not have been accomplished without the support and efforts from each and every one of you.

  

Please do not hesitate to contact TRAA with any questions. 

 

Sincerely,

David J. Garriepy

Vice President, Government Affairs

Tremont Strategies Group (TSG)

TRAA SIGNATORY ON LETTER TO AGRICULTURE COMMITTEE LEADERSHIP

Stakeholders in Washington are pushing for a dry bulk 10% load shift axle variance to be included in the 2024 Farm Bill currently in committee. To combat these efforts, TRAA, as a member of the Coalition Against Bigger Trucks (CABT), has sent a letter to House and Senate Agriculture Committee Leadership urging them to reject language that would increase truck weight or length.

TRAA has long opposed increases in truck weight. Increasing truck weight would only increase the amount of time our operators would be roadside splitting combination vehicles and in harm’s way. And, unfortunately, Congress has failed to enact legislation that would provide an exemption for towers for both length and weight. 

TRAA is actively participating in CABT Hill meetings and is playing a lead role in the CABT with over a dozen Members of Congress. 

Legislative Update: TRAA Speaking at FMCSA Public Meeting

 Late last week, the Federal Motor Carrier Safety Administration (FMCSA) announced a public meeting scheduled for June 21st to engage stakeholders regarding fees that commercial motor vehicle (CMV) operators are charged for towing and recovery services. TRAA has been on the forefront of the industry effort to engage the FMCSA and FMCSA notes our leadership in the notice: 
 
“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.”
 
The FMCSA also recognizes that to ensure a productive dialogue, the voices of key stakeholders must be heard at this meeting. As such, TRAA will be one of the few groups highlighted by the FMCSA has been invited to make official, introductory remarks during the meeting. As we noted last month, TRAA President Bill Johnson will be in Washington to attend the hearing in person and represent TRAA. The meeting will have a virtual component and those individuals wishing to attend or participate can register in advance here. 
 
Building trust and relationships takes time, and it should come to no surprise that TRAA has been the predominant voice for the industry in this fight. The FMCSA has attended three Hill Days over several years, including this past March, and we have engaged with them on various issues prior to the FTC’s Junk Fee Rule, including the Speed Limiter rulemaking. Next week, five representatives from TRAA will be in Washington for the Department of Transportation’s Traffic Incident Management (TIM) Summit. 
 
Our efforts extend beyond the FMCSA, as previously noted, TRAA has already met with the FTC and continues to engage with the Commission, including upcoming meetings. TRAA is joined at these meetings by our counsel, who has previously worked as an attorney for the FTC and brings a wealth of experience and expertise. We are also working with Congress, including Senate and House offices on both sides of the aisle as well as committees of jurisdiction. 
  
Please do not hesitate to contact TRAA with any questions. 

Sincerely,
David J. Garriepy
Vice President, Government Affairs
Tremont Strategies Group (TSG)

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TRAA is the national association representing the U.S. towing and recovery industry. We act as the "voice of America's towing industry" by offering representation, education, and leadership at the federal level. Much of our focus is on representing the interests of the towing and recovery industry on Capitol Hill including promoting positive legislation and opposing potentially negative legislation. TRAA is the industry's watchdog on Capitol Hill!