**FOR IMMEDIATE RELEASE**
The Emergency Road Service Coalition of America has been approached by one of its affiliate state associations the Association of Professional Tow Operators-Ohio, APTO to assist them on a proposed amendment to the federal infrastructure bill (HR 3684). This would have expanded the towing exemption in the FAAAA (Federal Aviation Administration Authorization Act of 1994) to all tows, thus allowing states to also regulate consensual tows in addition to nonconsensual tows. Currently, the FAAAA prohibits state and local governments from regulating the price, route or services of motor carriers, with various exceptions. One of those exceptions is in the area of nonconsensual tows. The proposed amendment would expand that exception to also include consensual tows. As context, the FAAAA is the law we used to invalidate the San Francisco towing scheme a few years back as San Francisco was requiring permits for every tow truck driving through its jurisdiction.
This proposed amendment from Senator Van Hollen ultimately did not make it into the final version of the $1 trillion federal infrastructure bill that was passed by the Senate with bipartisan support on August 10th. The bill includes provisions to rebuild the nation’s roads and bridges and fund new climate resilience and broadband initiatives.
However, the House is supposed to take up the bipartisan bill by September 27th so the immediate threat has not been eliminated yet, as other congress members could request the same amendment be added to the bill. Thus, if ERSCA determines that this possibility poses a significant threat to the members and industry, it could be argued that hiring a federal lobbying firm to combat this threat is necessary. This is a very fluid situation. Timing and outcome scenarios could change in a short period of time.
Because of this, ERSCA’s board of directors decided to assist APTO.
Nobody is monitoring or working on this on the industry’s behalf. ERSCA and APTO have made the decision to hire a federal lobbyist to remove or amend this threat that could negatively affect every towing company in the United States. Therefore, ERSCA and APTO are asking for financial support to protect industry.
Go to ERCSA.org/donate and make a donation to help offset this cost.