
As many
of you may know, and for you that do not know, the Booting industry was
brought under regulation in the last legislation session of June, 2009.
The Booting industry was placed under the current Towing statutes, and
therefore were placed under the same regulation of TDLR. As there are
many differences in towing and booting, the rules had to differentiate
the two industries from existing rules for towing, and the new rules for
the booting industry. One of these issues that played a major role in
how Tow Signs would be changed in the rules making process became a
rather heated topic.
The new Statute (Law) says that the tow
signs must read "Towing and Booting Enforced" and also "Unauthorized
Vehicles Will Be Towed or Booted At Owner's Or Operator's Expense". The
"Booting" was added in the new laws with the existing language for
Towing. This created some tremendous confusion, not only in the towing
industry, but within TDLR itself, as they are strict interpreters of the
statute (law).
TDLR had come to the conclusion, at the time,
that All tow signs on all properties must have the new language on them.
This would have caused an over-burdensome cost on not only the towers,
but to the millions of businesses that would have to pay for these new
signs.
After some great work from members in the industry and
within TDLR, the new rule was announced by Charles Johnson during the
last Towing, Storage and Booting Advisory Board meeting on March 31,
2010, as well as at the TDLR Commission Meeting on April 6, 2010. Mr. Johnson, TDLR's General Council, said that he had received many comments
and concerns from the industry, as well as an "Intent Letter" from
Senator Whitmire explaining that the intent of the law was to not
mandate all towing signs to be changed, and that it was intended for
only those signs of properties that perform Booting would require the
additional language. As a result, TDLR took the industries stand, as
well as Sen. Whitmire's intended opinion, and changed their initial
interpretation of this law and allowed the rule to state that only
properties that perform booting of any kind must include the "Booting"
in the tow signs. Furthermore, if no booting was performed on a
property, including "Booting" was not necessary and therefore not
mandated to be added.
Here is what is needed on the tow
signs:
If there is
any
booting
on the property at all, the signs should have:
Top
of Sign:
- "Towing
and Booting Enforced At All Times" (If there is towing and booting enforced 24 hours a day)
- "Towing and Booting Enforced -
8:00AM to 6:00PM" (If there is
a certain time period that
towing and booting is performed. The times are only examples.)
Elsewhere on
sign, usually at bottom:- "Unauthorized
Vehicles Will Be Towed or Booted at Owner's or Operator's
Expense"
If there is
ONLY towing on the property, and
no
booting at all,
the signs should have:
Top of Sign:
- "Towing Enforced At
All Times" (If there is towing
and booting enforced 24 hours a day)
- "Towing Enforced
-
8:00AM to 6:00PM" (If there is a
certain time period that towing and booting is performed. The times are
only examples.)
Elsewhere
on sign, usually at bottom:
- "Unauthorized Vehicles Will Be Towed
at Owner's or
Operator's
Expense"
TDLR has stated that they will also
send out a notice of this as well through their Update email system, as
well as post a FAQ on their website for this matter. If you have any
questions on the tow sign issue, please call STO anytime and we will
address any suggestions or concerns you may have. That phone number is:
(972) 247-9454
Thank You,
Jess Horton
Executive Director