Towing regulator doesn’t see gouging

Nevada Transportation Authority Chairman Andrew MacKay came by his position in the best Silver State tradition - via the political appointment process.

He operated advertising, marketing, and printing businesses before being named an NTA commissioner in 2005 by Gov. Kenny Guinn. Others can judge whether that background prepared him to head the state office challenged with the withering task of regulating towing companies, limousine operators, household movers, charter buses, and cab operations outside Clark County. Frankly, anything less than experience as a Marine or member of the Metro Bomb Squad would leave an NTA chairman underequipped for the volatile issues he sometimes faces.

Lately, the fight over control of the lucrative Metro police towing contract has been on the NTA's radar. Henderson towing company owner Bobby Ellis attempted to change county ordinances in order to have insured vehicles towed to his storage yard. Ewing Brothers and Quality Towing, which have dominated the Metro contract for many years, countered with an argument that won a narrow victory before the Clark County Commission. With millions at stake, the status quo prevailed despite allegations of customer gouging.

As a guest Tuesday morning on "KNPR's State of Nevada" program, MacKay was asked to address the towing controversy. Program host Luis Hernandez took me along for the ride.

What's a hard-working NTA chairman to do in the face of so many consumer protection issues?

From the sound of things, not a whole heckuva lot.

Although the rest of legitimate society is moving away from a cash-only economy, many towing companies refuse to take credit or ATM cards. MacKay says that is gradually changing.

"Regardless of what the circumstances of any tow are, it is not a pleasant experience," MacKay said. "And oftentimes an individual who had had their car towed would then contest the charges with the credit card company."

Is it possible that customers might feel victimized when they read a bill that's stuffed with $30-a-day storage fees, $100 lien notifications, and charges for everything from moving the vehicle on the lot to allowing its owner to retrieve his personal belongings?

"A tow operator cannot charge a penny more or a penny less than what is on the approved tariff," MacKay said, adding that charges "must be substantiated" or refunds will be given.

That is, if the customer spots the trouble on the bill, makes an official complaint to the NTA, and has the patience to see the process through. Something tells me most people swallow their outrage and pay the money.

MacKay reminded the audience of the "substantial capital outlays with respect to equipment" the towing companies have made. He added that the NTA recently saw to the reduction of the hourly towing rate from $181.50 to $155. He believes the process, while imperfect, is fair overall to the customer.

But with so many complaints, and some small operators earning an extortionate reputation for hooking and hauling cars from legal commercial lots in Southern Nevada, the time seems right for a consumer advocate to fight for changes at the Legislature.

Perhaps. But MacKay is not that guy.

"With respect to advocating for the consumers, the NTA, and I'll just summarize what our legislative declaration of purpose is," MacKay said. "In a nutshell it is to protect the safety of the traveling and shipping public. Any measure that can enhance and improve safety of the general public, that's what we're there for."

Apparently, preventing highway robbery doesn't count.

He continued, "Specifically, as it relates to any measure at the Legislature, I'll take kind of a powder on it and it's specifically for no other reason that, as a general practice, any executive branch agency that has to balance the interest of the entities that it regulates as well as the general public, we remain neutral in those matters."

Whatever you do, don't call the NTA a rubber stamp for the industry.

"To say that it is a rubber stamp, I would challenge anybody to attend one of our monthly meetings and watch when we go through the tariff modifications, and if it's a rubber stamp of what the tow company wants," the chairman said.

Some people might say Andrew MacKay is in over his head. Maybe anyone would be.

But did you hear him say anything that gives you confidence big improvements are on the way?

I didn't either.

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295. He also blogs at lvrj.com/blogs/Smith