Council passes bill to allow towing of unregistered vehicles

A vote to allow the towing of unregistered vehicles in the city met with some opposition at last night’s meeting of Springfield City Council after the bill’s sponsors earlier this month linked the issue to a tax collection deficit.

While the measure passed by a vote of 5-3, Councilmember Heather Hardinger raised objections to the bill that had been rolled out with unusual fanfare in a Feb. 6 special media briefing by its sponsors, Mayor Ken McClure and Councilmember Craig Hosmer, prior to its introduction at the Feb. 10 council meeting. The bill passed last night gives police the option of towing cars with expired license plates, no license plates or outdated temporary tags.

Hardinger said that while she appreciated the discussion of the bill, she would be voting no.

“I feel that this places an undue burden on many of Springfield’s residents who are struggling financially,” she said. “While I fully understand the importance of vehicle registration compliance, I don’t believe that towing people solely for expired tags is the right approach.”

Hardinger characterized Springfield as a “car-dependent city” with a poverty rate of roughly 20% and limited public transit options.

“Removing someone’s only means of transportation in a city where getting to work or school or medical appointments without a car can be extremely difficult does not solve the root issue,” she said. “I feel it only creates more obstacles for those already facing challenges.”

She acknowledged that proper identification is important for public safety and accountability but said it’s in council’s best interest to balance enforcement with practical solutions to help residents to comply with the law.

“Instead of punitive measures like towing for expired tags, I would support alternative solutions such as flexible payment plans for registration fees and delinquent property taxes, financial assistance programs to help low-income residents bring their vehicles into compliance,” she said. “We can’t enforce compliance by making it harder for people to participate in the economy.”

Arguments in favor of the bill centered on the link between an unregistered vehicle and other issues related to registration, namely failure to pay personal property taxes, which must be up to date in order to register a vehicle, and failure to insure a vehicle, as proof of insurance is also required for registration.

Hosmer said in the last two years, $3.9 million in personal property tax has gone uncollected.

“Our schools are cutting jobs in the city of Springfield because they don’t have enough resources,” he said. “We have an obligation to support our schools, to support people with disabilities and also the library. If we don’t stand up and do what we’re supposed to do – if it’s a law in the city of Springfield, let’s follow it.”

Hosmer also pointed out the importance of vehicles having license plates for the city to get maximum value from its Flock license plate reading camera system, which alerts law enforcement of stolen cars, wanted suspects or missing persons, while also helping them to track vehicles linked to criminal activity.

Police Chief Paul Williams said officers would be using their best judgment in deciding whether to tow vehicles.

“Enforcement is another tool,” he said. “We are not going to be taking every car that has an expired tag and towing it. We don’t want to do that. We prefer people just do what they’re supposed to do.”

Williams said officers would target situations like habitual offenders, people with no license plates, people whose licenses are at least a year expired and those with a high-dollar car sporting a temporary tag.

“Our officers are an empathetic lot,” he said. “They take into account the circumstances of an individual whenever they stop them for any type of citation. This would certainly enhance that.”

Councilmember Hardinger was joined in her objection by Councilmember Brandon Jenson, who outlined the process a person might need to go through in the case of vehicle impoundment.

Jenson said the person would have to go to the Greene County Courthouse to pay personal property taxes and then round up documentation, such as insurance verification and proof of a vehicle safety inspection.

“That brings me to my first major concern,” he said. “If a vehicle is impounded, how are they to be inspected? I checked the Henry’s Towing website; it doesn’t appear as though there’s a state-certified inspector on-site, and I don’t know of many auto garages or inspectors who are willing to make field calls.”

Once the documentation is obtained, the person would need to complete a required form at police headquarters, then take the form to Henry’s Towing Service LLC, the city’s contracted towing company, which Jenson calculated was a 20-minute drive from the police department and was not serviced by public transit. At this point, the person must pay a daily storage fee.

Jenson added that the city does not have an audit function in place to guarantee that the towing company’s fees are in alignment with the amount specified on the city contract.

He also raised a concern about impoundment fees – nearly $300 for just a week, he calculated – and if the person can’t pay those fees, the car can be confiscated.

“If a vehicle sits on a lot for longer than 30 days, that private company has the right to sell it,” he said. ‘What are we telling our citizens if we tell them that you’re already poor, but we’re going to take your vehicle and put it in a lot, and if you can’t pay for it in 30 days, there’s the possibility that couldn’t be your car anymore, which is your only way to get around.”

He added that he understands the intent of the bill, and said he wished it had gone into a council committee to address some of these issues.

Chief Williams said the scenario outlined by Jenson could be avoided if people simply paid an inspection and registration fee.

Williams clarified to council that the approved measure allows police to tow a vehicle while writing a citation without having to make an arrest.

“This just gives us another option,” Williams said.

Joining Hardinger and Jenson in voting no was Councilmember Monica Horton. Councilmember Callie Carroll was absent from the meeting.