Bill to curb roadside towing solicitation and enforce rotation system draws proponent testimony

The House Transportation Committee on Friday took testimony on Senate Bill 455, sponsored by Sen. Barry Usher, a measure that would prohibit roadside solicitation by tow companies, add penalties for violations, and strengthen enforcement of Montana’s existing tow-rotation system.

Senator Barry Usher told the committee the bill responds to a rise in predatory towing and “wreck chasing,” where tow companies monitor dispatches or radio traffic and arrive at scenes without being the dispatched rotation company. “This is happening on both rotation and commercial tow calls, and it puts an undue burden on the responding tow companies,” Usher said. He described physical confrontations and cases where vehicles were taken before the dispatched company arrived.

Multiple proponents from the towing industry and small business owners testified in support. Scott Wolff, president of the Montana Tow Truck Association and owner of Iron Horse Towing in Missoula, said the bill protects both towers and consumers and would prevent situations in which an operator “monitors the scanner, heard it called in, came in, talked the driver into using his services” and left the dispatched company bearing the cost. Testimony from owners of businesses using the name Sweet Rides and Sweet Bridal (testifiers spelled names on record) described incidents where non-dispatched towers arrived, bullied drivers, or took vehicles; one witness said a tow company “locked” a driver in his truck and refused contact when the dispatched tower arrived.

Key provisions discussed by witnesses and committee members include requiring tow operators to be able to show dispatching information on request (the bill text references certain lines that list required information), civil penalties sized to encourage on-the-spot enforcement (testimony cited an initial $85 ticket level as practical for troopers to issue, with increasing penalties for repeat offenses), and referral of formal complaints to the Tow Truck Complaint Resolution Committee, a Department of Justice body that can adjudicate rotation disputes and recommend corrective measures.

Witnesses told the committee law enforcement retains discretion in exigent circumstances: troopers and other officers may still request a tower not on the rotation list if immediate response, blocked lanes, or safety needs require it. Proponents said the bill does not prevent a motorist from choosing a tow company when that motorist has arranged the tow directly.

Committee members asked questions about how dispatch information would be conveyed to drivers, whether a call-for-service (CFS) number exists, and how the rotation system operates. Witnesses explained the dispatch system places approved towers on lists for light- and heavy-duty calls; when called by highway dispatch, a tower is moved to the bottom of the list after responding. One witness estimated rotation-dispatched work comprises roughly 15–20% of a typical operator’s business. Scott Wolff said the bill’s enforcement aims to give troopers “some teeth” and rely on modest fines that troopers are more likely to issue.

Proponents urged passage; Sen. Usher asked the committee for a green or “do pass.” No formal committee vote or final action was recorded at the hearing.