Proposed revisions to Arlington’s private-property towing regulations, aimed at granting more authority to county staff and the manager to suspend or revoke licenses of towing companies, are encountering resistance. This challenge is reminiscent of the Al Eisenberg Principle of Governance, famously questioning the necessity of new proposals by asking, “What is the problem we are trying to solve?”
During the August 12 Trespass Towing Advisory Board meeting, the need for the changes was only vaguely addressed. The new rules, inspired by those in Fairfax County, would allow for license suspension or revocation for companies that tow from private properties. However, it was noted that Fairfax County has not actively utilized these regulations.
Detective James Tuomy of the Arlington County Police, who represents the county on the board, explained that the regulations are intended to deter rogue operators who tarnish the industry’s reputation rather than punish minor infractions harshly.
Nevertheless, industry representative Al Leach criticized the proposed regulations as excessive. He expressed concerns over the vague nature of some parts of the proposal, the absence of a legal recourse for towing operators, and the possibility of biased actions by county officials.
Leach warned of scenarios where a towing company could face severe penalties, like suspension or license revocation, due to personal conflicts with county leaders. However, David Kennedy, the chair of the advisory panel, assured that decisions would be specific and not arbitrary.
Despite his objections, Leach was outvoted 2-1, and the proposal was sent to the County Board for further deliberation. It will begin with a public hearing next month, followed by another advisory board meeting and a final County Board hearing slated for October or November.
County Board member Matt de Ferranti acknowledged the industry’s concerns and requested specific feedback to refine the proposal. He emphasized that the rules, as drafted, would allow the county manager or a designated official to suspend a company’s license for up to 60 days, with a hearing to be held unless the issue involved faulty equipment or document falsification.
Tuomy admitted the potential for concerns about misuse of authority but remained confident that the regulations would be applied judiciously, targeting only those blatantly violating local and state laws.
