Ohio Governor Signs Bill That Should Stop Predatory Towing Practices

On January 8, 2025, Ohio Governor Mike DeWine signed into law House Bill No. 403, which enacts Section 4513.71 of the Ohio Revised Code and goes into effect on April 9, 2025.

R.C. § 4513.71 provides that a commercial motor vehicle owner, including lessees, that has had its vehicle towed, may commence a civil action against the applicable towing service or storage facility to recover the motor vehicle, its cargo, or personal property that was removed, towed, or stored. When attempting to recover cargo, the commercial vehicle owner may commence the action on behalf of themself, or on behalf of the third party for whom the owner commercially transported the subject cargo.

Importantly, it also provides that said commercial motor vehicle owner may commence a civil action against the towing service or storage facility when objecting to a portion of the amount billed for the service. After the commercial motor vehicle owner pays the undisputed portion of the bill and posts bond equal to the disputed remainder, the towing service or storage facility is obligated to release the subject motor vehicle, cargo, or personal property to the owner.

It is an unfortunate reality that many towing companies charge trucking companies excessive fees and refuse to release their vehicles and cargo until the bill is paid in full. In November of 2023, the American Transportation Research Institute issued a report — “Causes and Countermeasures of Predatory Towing” — explaining the impact these predatory towing tactics were having on everyday motorists and commercial motor vehicle owners alike. Since, several states have taken measures to curtail these practices, including setting maximum rates for non-consensual tows and requiring towing companies to provide an itemized bill. Ohio’s bill is certainly a step in the right direction and will provide commercial motor vehicle owners recourse when these practices prolong their ability to get their trucks back on the road.