A Look at Current Legislation Affecting the Industry

November, 2019

Humvees don’t have keys. The doors have no locks and the ignition is an on/off switch. It’s not just Humvees - none of the tactical vehicles in the military arsenal have keys of any kind. Combat is not an environment where you want to have to remember where you left the car keys. 

Military discipline is the foundation of our armed forces, and the standards are strictly enforced.

So how does the military prevent theft? Aside from the whole “people with armor and guns” thing, it really comes down to strict adherence to rules and regulations. Military discipline is the foundation of our armed forces, and the standards are strictly enforced. 

Many people are unaware that the military has its own set of laws that govern its members. Named “The Uniform Code of Military Justice” (UCMJ), it identifies wide- ranging laws and punishments, and the military has its own court system for adjudicating violations and crimes. While it is similar in many respects to the civilian laws and courts, there are some key differences that set it apart. For example, adultery is illegal in the military, and a member caught cheating on his or her spouse could serve jail time for the offense. Another example, inmates in military prison can be sentenced to serve hard labor or be punished by only being fed bread and water for a period of time. (Although, not for stealing a Humvee.)

While it may seem extreme, enforcing the rules and regulations is necessary to maintaining order, and no military unit would be effective without order and discipline. 

The civilian justice system is much less draconian, but is still run by ensuring rules and regulations are followed. Most thriving communities can attribute success to how well they enforce laws and how little crime there is. Similarly, parking enforcement is the foundation of a well-run parking operation, in both public and private settings. 

A perplexing trend in the industry has been legislation at the state and local level introduced with the intent of limiting an organization’s ability to enforce its their parking rules and regulations. These bills apply to municipalities and private companies/properties, and range in severity from fee limits on booting and towing to completely banning both practices. 

A recent example of this is AB516, a proposed bill that would have prevented municipalities statewide from booting cars, and would severely limit towing. Virginia also recently passed a bill that limits the amount a person can be charged to $25 if they are booted on private property. This fee cap makes the practice of booting untenable, so towing becomes the only option. 

While the intent of these laws is to prevent undue hardship on motorists, they are misguided and typically have the opposite effect. 

While limitations on enforcement are necessary and important, enforcement in both the military and civilian worlds are critical to maintaining order and enabling prosperity, so legislation must be crafted and introduced with this in mind. 

Kevin Dougherty is the CEO of Barnacle. He can be reached at Kevin@barnacleparking/com Kevin was a USMC Captain.  2007-2013 (6 Years)  Deployed to Afghanistan in support of Operation Enduring Freedom (OEF) with 3rd Battalion, 6th Marines (Infantry Battalion)  as the Communications Officer/Platoon Commander. He Served in Operation Moshtarak, retaking Marjeh from Taliban in 2010.