Originally published at: North Carolina Finally Ends Booting on Commercial Vehicles — Could Other States Follow? - FreightWaves
For years, drivers rolling through North Carolina have been dealing with a problem that never should’ve been part of their workday—a growing number of private parking-lot companies slapping boots on tractor-trailers and box trucks the second a driver stepped away from the vehicle. Some operators waited in the shadows for truckers to leave the cab.…
I apologize for reaching out multiple times, but I believe it is very important that each of you understand how this matter is progressing.
I have been informed that CMPD is currently viewing this incident as a civil matter, based on the officer who responded to the scene deciding not to take action.
However, I believe this conclusion is being driven by an inaccurate and overly narrow reading of the new North Carolina law that went into effect in December.
My understanding is that the statute prohibits immobilizing a commercial motor vehicle using a boot device or any other device or means for parking enforcement purposes. Yet it appears the law is being misunderstood and treated as though it applies only to traditional wheel “booting” devices.
In this $2,500 incident, the “boot devices” were not wheel clamps — they were two tow trucks.
The vehicle was immediately blocked at both the front and rear, movement was physically restricted, and the front axle was lifted while the driver was still inside the tractor. When tow trucks are used in this manner, they function as immobilization devices, achieving the exact restraint that the statute was intended to prevent.
I also want to respectfully note that CMPD is inevitably taxed by repeated calls arising from these predatory towing encounters. Without proper enforcement and clarity, these unnecessary police responses will not stop — and the same abusive practices will continue night after night.
The General Assembly has now provided law enforcement and local government with the tools needed to stop this conduct. The intent was to prevent exactly this type of coercive immobilization of commercial vehicles.
As I understand it, the intended course of action under the new law is that tow operators should involve law enforcement before taking immobilizing action, so that an officer or supervisor can review the circumstances, confirm the vehicle is on private property, and if appropriate, simply instruct the driver — who is already present — to move the vehicle rather than allowing an immediate seizure.
That is the reasonable and lawful outcome the statute was meant to achieve: compliance and safe departure, not instant immobilization and payment extraction under duress.
I respectfully ask that the City reconsider this matter from the perspective of legislative intent, public safety, and enforcement practicality, and assist us in pursuing a formal complaint and enforcement action against the tow company involved.
Thank you again for your time and attention.
Sent to the Charlotte NC City council, PD and state AG.