Board for Towing and Recovery Operators

BTRO Members:

We have several specific and general concerns.

24VAC27-30-20- Fees - An annual tow truck drivers license renewal is unecessary, onerous and an overreaction.  While the BTRO and many towers seek to improve our industry, we don't want to destroy the small businesses that comprise the industry at the same time.  Individuals who drive vehicles must renew a driver's license every 5 years.  Statistics overwhelmingly show your average driver is more dangerous and harmful to the general public than your average tow truck driver.  Other professionals who must be licensed are required to renew every two years.  Gune permits are every five years.  We believe five year renewals are sufficient.

General Concern - There is a pending federal appeals court case that may affect the authority of the states and subdivisions from regulating certain aspects of towing unless the regulations have a direct correlation to regulating safety aspects of transport of private property.  A decision is due in the summer or fall of 2008.  It would be prudent for the BTRO to extend the compliance  date of the general regulations and public safety regulations until after this case has been decided.  If the public safety regulations compliance date is extended the general regulations compliance date should also be extended to the same period.

24VAC27-30-140 - The requirement for fingerprinting and background checks is first of all unecessary.  There is absolutely NO crime or incident data connected to the towing industry to support such a burdensome, invasive requirement is necessary, especially if it is required annually.  The regulations, as written, suggest to a reader that anyone involved in the towing industry should have their character questioned to it's most extreme just because we are in the towing business. 

24VAC27-30-160 - The driver's authorization document should not have to state what company a driver is employed by or associated with.  This industry is already plagued nationwide with the inability of tow company owners to find tow truck drivers.  If a drivers ability to work is hampered because his driver authorization document does not contain the correct name of a possible employer it unecessarily hampers his ability to earn a living and the employers ability to maintain employees.  Again, there is NO data to support such a restrcitive requirement is necessary.  Some tow trucks drivers make a living by working for more than one employer. 

The BTRO and towers wishing to improve the industry should take baby steps in creating regulations and restrctions.  We are not regulating an industry like cable television or power companies who have unlimited pocket books.  I think I can safely say that most towing companies in Virginia are barely earning what they need to stay in the Black, if they are not already in the Red.  Industries that are as fragile as the towing industry in Virginia is now do not need to begin regulation with an iron hand.  The regulation of Virginia towers was not based on the need to address an overwhelming  number of egregious acts by towers, it was political, so let's not go overboard.  Regulations can be made more restrictive at anytime in the future if there is data to support the need.  Tread lightly.

Regards,

Mike Reynolds