A rule is overly vague when it fails to give people an idea of how to follow it. If the rule does not tell you what is expected of you, then you cannot follow it. The Patrol’s rule on “reasonable and prevailing rates” requires tow and recovery companies to follow a non-existent standard. Perhaps the Patrols considers the opinion of its troopers’ opinion to be the standard. Either way, there is no way for Ohio tow and recovery companies on the rotation to know what the standard is and adhere to it. In sum, there is a long, documented history of administrative agencies overreaching their authority. As an industry, tow and recovery companies must be aggressive in standing up to this improper practice and for their legitimate rights.
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AmericanTowman.com | January 2022 • 43