[Congressional Record Volume 141, Number 25 (Wednesday, February 8, 1995)]
[Extensions of Remarks]
[Pages E293-E294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   INTRASTATE MOTOR CARRIER TRANSPORTATION TECHNICAL CORRECTIONS ACT

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                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                       Wednesday, February 8, 1995
  Mr. RAHALL. Mr. Speaker, last year Congress passed H.R. 2739, the 
Federal Aviation Administration Authorization Act of 1994, which 
included a provision in section 601 to preempt State economic 
regulation of intrastate trucking. Today, I am introducing a technical 
corrections bill to address an item which I do not believe Congress 
intended to be within the scope of section 601.
  The primary thrust of section 601 is to address issues relating to 
the transportation by motor carrier of general freight and express 
small packages. The act clearly provides for continued State regulation 
of safety requirements and the transportation of household goods.
  During consideration of this legislation, however, nobody with the 
exception of myself raised the question of how it could affect other 
types of motor carriers, such as tow trucks. And indeed, today, many 
police departments and municipalities are faced with a great deal of 
uncertainty over the effect the legislation will have on what is known 
as nonconsensual towing, that is, that towing which is conducted 
without the vehicle owners consent. This is the type of towing that 
occurs when a vehicle is illegally parked on private property, or the 
vehicle is towed by order of the police.
  In this regard, some local public entities believe that they can 
engage in contractual relationships with one or more tow truck 
operators for the purpose of providing nonconsensual towing services. 
Others contend this practice would represent the regulation of rates 
and 
[[Page E294]] services prohibited by the new Federal law. The only fact 
of the matter is that nobody can provide any clear guidance on this 
issue.
  The technical corrections bill I am introducing today would provide 
for continued State or local economic regulation of intrastate 
nonconsensual tow services. This bill is very similar to the measure 
recently introduced by the distinguished Senator Kay Bailey Hutchison 
and is supported by many State towing associations, including those in 
Texas and California.
  Again, in my view, the intent of section 601 was to address issues 
relating to the transportation by motor carrier of general freight and 
express small packages. I do not believe there was any intent to affect 
the ability of a police department or municipality to regulate tow 
truck operations in order to protect citizens from the occasional 
instances of unscrupulous pricing practices that give the entire 
industry a black eye.
  Mr. Speaker, I do not believe this legislation should pose any 
controversy. Again, it simply clarifies the intent of Congress in 
enacting section 601 of the Federal Aviation Administration 
Authorization Act of 1994.


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