CHARLOTTE, N.C. (WBTV) - The towing of commercial vehicles may no longer be legal in Charlotte. That's according to an email from the attorney for the Charlotte-Mecklenburg Police Department obtained by WBTV.
The email from police attorney Jessica Battle seeks to clarify a 2025 law passed by the North Carolina General Assembly that prohibits the immobilizing and booting of commercial motor vehicles.
The email, sent to sworn CMPD officers, says the city attorney's office had been in communication with the lawmakers who drafted the legislation.
"The intent of the statute is to prohibit any form of immobilization of commercial vehicles," the email states.
"Immobilization includes, but is not limited to: towing, booting, preparing to tow, preparing to boot, blocking, disabling, or otherwise rendering a commercial vehicle incapable of operation."
State Representative Mike Schietzelt is one of the state lawmakers who helped draft the new booting and towing law.
"The guidance from the City is a big step in the right direction," Rep. Schietzelt wrote in a statement to WBTV. "There's still room to fine-tune the implementation of this law, but this guidance should help cut down on predatory towing."
WBTV's previous reporting on the law focused primarily on the booting of commercial vehicles and tractor trailers. However, since the law took effect, WBTV received reports of towing companies hooking parked trucks with the operators still inside.
In other instances, towing companies have reportedly surrounded trucks or found other ways to prevent them from leaving a parking lot without booting them.
The email from CMPD's attorney states that the immobilization prohibition applies whether the commercial vehicle is occupied or unoccupied.
"Our team advises that officers utilize progressive enforcement of this still-new law," the email to CMPD officers states.
"Officers should attempt to educate the tow truck drivers and companies, give warnings, and issue citations, before using their discretion to arrest an individual who violates the statute."
There are also outstanding questions about how CMPD officers will interpret what a commercial motor vehicle is. North Carolina state law defines commercial vehicle in several different ways, including vehicles that weigh more than 10,000 pounds, carry hazardous materials or carry 16 or more passengers.
"The North Carolina Trucking Association commends the City of Charlotte for taking action to stop predatory towing practices," NCTA President Ben Greenberg wrote to WBTV in a statement.
"This unanimously supported legislative language was intended to curb abusive parking enforcement of commercial motor vehicles, enhance driver safety, and reduce unnecessary transportation costs and inflationary pressure on goods for North Carolinians while still respecting private property rights. We will continue working with all stakeholders to ensure these goals are achieved."
CMPD declined WBTV's request for an interview for this story.