McHenry County wants control over tow trucks back from ICC

Faced with unintended consequences that would make life difficult for towing companies and their customers, McHenry County leaders appear set to rescind a controversial measure aimed at predatory towers.

County board members Tuesday agreed to hold a special session next week at which they are likely to reverse their decision granting the Illinois Commerce Commission regulatory powers over local towing firms.

"I think this was an ill-considered ordinance in the first place," board member John Hammerand said. "Our message is: 'Yes, our county enacted this, but now that we see what it is, we don't want it.'"

Despite vocal opposition from tow operators, the board passed a measure in February authorizing the ICC to govern towing companies that remove vehicles trespassing from private property.

The move was designed to prevent people from paying exorbitant fees in order to get vehicles returned.

However, what board members apparently did not know at the time was that the move also would bring a whole new set of regulations to "safety" towing, the practice of removing of vehicles broken down along the side of a road or involved in an accident.

Those regulations include requirements that owners remain with their vehicles until the tow truck arrives - even in the middle of night or dead of winter - to provide the company with identification and other personal information.

"If something happens and I'm with my family, I'm not going to wait around and I'm not going to give out that kind of information," board member Sandra Salgado said. "And if I'm not willing to do that myself, I'm certainly not going to expect it from my constituents."

Although board members likely will back out the new regulations next week, there is a catch: Now that county towers are under ICC jurisdiction, only the ICC can release them. The county will have to request a hearing before the commission to win that release.

"We're in a position now where most of the control, if not all of it, is out of our hands," board member Dan Shea said.