2011-093 Towing By-lawTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -093
Being a By -Law to License and Regulate Towing Companies, Tow
Truck Owners and Tow Truck Drivers.
( "Towing By- Law ")
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality has the capacity, rights, powers and
privileges of a natural person for the purpose of exercising the authority under the
Act;
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality shall be interpreted broadly
so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's
ability to respond to municipal issues;
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, enables a municipality to enact By -Laws for the purpose of business
licensing;
WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides for Licenses;
WHEREAS Secton151 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may provide for a system of licenses with
respect to a business;
WHEREAS Section155 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality, in a By -Law under Section 151 with
respect to owners and drivers of Tow Trucks and vehicles, other than motor
vehicles, used for hire may (a) establish rates of fares to be charged for the
conveyance of property or passengers either wholly within the municipality or
from any point in the municipality to any point outside the municipality; and (b)
provide for the collection of the rates or fares charged for the conveyance;
AND WHEREAS the Council of The Corporation of the Township of Oro -
Medonte has deemed it expedient to License and regulate Towing Companies,
Tow Truck Owners and Tow Truck Drivers.
NOW THEREFORE, the Council of The Corporation of the Township of Oro -
Medonte enacts as follows:
That the Licensing and Regulation of Towing Companies, Tow Truck
Owners, and Tow Truck Drivers shall be governed by the provisions and
regulations contained in Appendix "A" and Schedules 1, 2, 3, 4, 5, 6, and 7
attached hereto and forming part of this By -Law.
That this By -Law may be cited as the "Towing By -Law"
That Towing Companies, Tow Truck Owners, and Tow Truck Drivers
operating within the geographical boundaries of the Township of Oro -
Medonte shall have six (6) months from the date of this By -Law coming into
effect to be licensed in accordance with the provisions of this By -Law.
4. This By-Law shall come into force and effect on the date of its final
passing.
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS
13TH DAY OF JULY, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
J. DduWsArwin
Page 2 of 35
APPENDIX "A"
To By-Law No. 2011-093
1. DEFINITIONS
1.1. For the purpose of this By-Law:
Applicant: means a person or corporation having made an Application pursuant
to this By-Law but has not yet been issued a License pursuant to this
By-Law.
Automobile: means a motor vehicle as defined by the Highway Traffic Act, R.S.O.
1990, Chapter H.8, as amended, (herein referred to as the Highway
Traffic Act), but does not include a motorized snow vehicle or
streetcar.
Business: means a trade, or occupation and includes the sale or hire of goods
or services on an intermittent or one-time basis, and any activity or
thing a local municipality may license under the Municipal Act, 2001,
S.O. 2001, c.25, as amended (herein referred to as the Municipal
Act).
By-Law: means any By-Law enacted by the Council of The Corporation of The
Township of Oro-Medonte.
Chief Municipal Law Enforcement Officer: means a person appointed to the
position of Chief Municipal Law Enforcement Officer by the Township
and their designate.
Clerk: means the Clerk for the Township and their designate.
Collision: means a vehicle that has been in a collision with another vehicle(s) or
that has struck an object or was struck by an object, or that has
turned over, and in all such cases, did receive damage or was
damaged, or appears to have been damaged and/or was disabled by
a fire.
Collision scene: means the general location or place where a collision occurred and
includes two hundred (200) metres of the location or place of the
collision.
Collision towing: means the towing of a disabled vehicle as the result of a collision,
but does not include the towing of a vehicle as a result of mechanical
failure, an impairment, a police seizure, a vehicle fire not involving a
collision, or other similar cause, and if the presence of a police officer
at the scene of a tow does not define or classify the towing as
"collision towing".
Compound: means a Motor Vehicle Storage Yard, fully fenced area with fencing
a minimum of six (6) feet high, overhead light which remain on
during the dark hours and the lighting is consistent throughout the
impound area or an indoor secured facility, accessible on a twenty-
four (24) hour basis, with restricted access for pedestrians, with a
separate access from any other residential or commercial operation
on the property, with a separate office on the same property as the
compound, located within the boundaries of the Township of Oro-
Medonte and in compliance with the Township's Zoning By-Law.
Corporation: means The Corporation of the Township of Oro-Medonte.
Council: means the Council for The Corporation of the Township of Oro-
Medonte.
Page 3 of 35
Detachment Commander: means the Detachment Commander, Ontario Provincial
Police, Barrie Detachment, who is responsible for the effective
operation and administrative management of the Detachment in
accordance with the Ontario Provincial Police Policy.
Employee: means an officer, servant or other employee of the Township, but
does not include:
a) a member of Council;
b) a Council appointee to a local board and whose remuneration
from the Township results from their membership on such local
board or other body;
c) an employee of a local board or other body; or,
d) a municipal auditor.
Hirer: means a person and/or owner of a vehicle, requiring towing services
and who authorizes the service to occur by completing an
Authorization Form.
Heavy Towing: means any vehicle or combination of vehicles with a gross vehicle
weight of a minimum thirty-three (33) thousand pounds (15,000
kilograms) or greater.
Licensing Officer: means the Clerk for the Township and their designate.
License: means a License issued pursuant to this By-Law.
Licensee: means a person who has been issued, and still holds, a current
License pursuant to this By-Law but shall not include an Applicant.
Maintain: means to be in charge of, or have control of the operation of a
business, and shall include the operation of a vehicle.
Ministry of Transportation Enforcement Officer: means a designated officer
appointed by the Minister of Transportation and any person so
appointed has authority to act as a constable throughout Ontario, is
appointed as a Provincial Offences Officer and a Peace Officer and
has the authority as a Police Officer for the purposes of the Highway
Traffic Act and the Compulsory Automobile Insurance Act, R.S.O.
1990, Chapter C.25.
Municipal Law Enforcement Officer: means a person appointed to the position of
Municipal Law Enforcement Officer by the Township and their
designate.
Nuisance: means any activity or action which disturbs or is likely to disturb any
individual.
Office: means an enclosed structure, equipped with a land line telephone,
facsimile machine, desk, minimum of two (2) chairs, which is
accessible twenty-four (24) hours a day, seven (7) days a week.
Officer: means a Municipal Law Enforcement Officer, and/or a Provincial
Offences Officer as appointed by the Township.
Operate: means to manage, work, control, maintain, put or keep in a functional
state any business.
Page 4 of 35
Owner: means the registered owner(s) of the land, premises and/or
equipment, or the person or their authorized agent in lawful control of
the lands, premises and/or equipment and who permits the operation
of any business.
Person: means any individual, corporation, partnership, company, association
or party and the heirs, executors, administrators, or other legal
representative of such person, to whom the context can apply
according to law, shall include any group of persons comprising a
society or other organization and shall include the plural wherein the
context requires.
Peace Officer: means a Police Officer or other person employed for the
preservation and maintenance of the public peace, or for the service
or execution of civil process, or any officer appointed for enforcing or
carrying out the provisions of any Federal or Provincial Act.
Police Officer: means a sworn peace officer of the Ontario Provincial Police, the
Chief of Police or any other Police Officer, including a person who is
appointed as a Police Officer under the Interprovincial Policing Act,
2009, S.O. 2009, Chapter 30 (herein referred to as the Interprovincial
Policing Act), but does not include a Special Constable, a First
Nations Constable, a Municipal Law Enforcement Officer or an
Auxiliary Member of a Police Force, as per the Police Services Act,
R.S.O. 1990, Chapter P.15 (herein referred to as the Police Services
Act).
Premises: means land, including any and all buildings or other structures
thereon and includes any vehicle or conveyance used in the
operation of the Towing Company.
Rates: means the agreed rates set out in the Tariff of Rates as identified in
Schedule 5 of this By-Law to be periodically reviewed by the
Licensing Officer to account for fluctuations, inflation and any/all
extreme factors.
Shall: is mandatory and not discretionary, words in the singular shall include
the plural, words in the plural shall include the singular, words in the
present tense shall include future or past tense.
Tow: means to remove or impound a vehicle whether or not such towed
vehicle is intact or in an inoperable condition, by means of a Tow
Truck or a flatbed truck also known as a tilt and load vehicle. In the
absence of any evidence to the contrary, the tow will be deemed to
originate in the Township.
Township: means The Corporation of the Township of Oro-Medonte.
Towing Company: means a person who owns a Tow Truck or has possession or
control of a Tow Truck under an installment purchase agreement, a
rental agreement, or other agreement.
Tow Truck: means a motor vehicle used for hire for towing or otherwise
conveying vehicles, whether or not such towed or conveyed vehicle
is intact or in an inoperable condition, shall include but is not limited
to vehicles that tow or convey by way of a flatbed truck, tilt and
load, hoist, dolly, pulleys, chains or other similar items.
Tow Truck Driver: means the person responsible for the care and operation of the
Tow Truck and services related thereto.
Vehicle: means a motor vehicle as defined by the Highway Traffic Act, as
amended, but does not include a motorized snow vehicle or streetcar.
Page 5 of 35
2. PURPOSE
2.1 The Council of The Corporation of the Township of Oro-Medonte considers it
desirable and necessary to license, regulate or govern owners and drivers of
Tow Trucks for the purposes of:
a) Health and safety, to encourage safe maintenance and operational practices
for owners and drivers, to ensure accountability for health and safety issues.
b) For the purpose of consumer protection, to encourage equal, fair and
courteous treatment of passengers, drivers and owners.
d) To protect the property of passengers, to ensure competence of owners and
drivers in providing Tow Truck services.
e) To promote accountability, to ensure consistency in the Application of rates
charged, to support proper and good practices, for the purpose of nuisance
control.
f) To promote professional behaviour and fair dealing among participants in
the business, to ensure courteous treatment, and to limit or mitigate
unsightliness, unnecessary noise, nuisance or disruption for passengers,
drivers, owners and the general public.
3. GENERAL PROVISIONS
3.1 Requirement for a License
a) Every person carrying on, conducting, operating, maintaining, keeping and
engaging in any activity as a Tow Truck owner and/or a Tow Truck Driver,
shall be required to obtain a License to do so from the Licensing Officer.
b) A person shall be acting as the driver or owner of a Tow Truck if that person
conveys or seeks to convey, for hire, or holds themself out, by their actions
or words, as being available to convey, for hire, a vehicle from a point within
the Township, to either a point also from within the Township, or any point
beyond its limits whether such conveyed vehicles are intact or inoperable.
c) An unlicensed owner and driver are both exempt from Subsections 3.1 a)
and 3.1 b) if such owner and driver are based outside the licensing boundary
of the Township and they are in the process of towing a vehicle and that
specific service originated from outside the geographic boundary of the
Township.
d) Unless provided otherwise in this By-Law a person who is the owner of more
than one Tow Truck shall take out a separate License for each Tow Truck
owned by them which is to operate in the Township.
e) The person who is the owner of more than one Tow Truck shall not remove
and affix an issued owner's plate between Tow Trucks.
f) No person shall be licensed under this agreement unless they are at least
eighteen (18) years of age and a citizen of Canada or a landed immigrant, or
has a valid employment authorization issued by the Government of Canada
to work as a driver or owner and has a working knowledge of English.
g) The provisions of subsection 3.1 f) do not apply to a corporation.
h) No person shall publish or cause to be published any representation that
they are licensed under this By-Law if they are not.
Page 6 of 35
3.2 Application for a License - General
a) Any person required to obtain a License pursuant to this By-Law shall apply
in writing on the appropriate Application as set out as Schedule 1, 2 or 3 of
this By-Law, and shall deposit, at the time of Application, with the Licensing
Officer, all required License Fees as set out Schedule 4 to this By-Law for
each category, as well as any required approvals, inspections or
documentation required by the provisions of this By-Law or as deemed
necessary by the Licensing Officer.
b) The Licensing Officer shall not issue a License until:
i) all required approvals and inspections have been obtained by the
applicant;
ii) all required documentation has been provided; and
iii) all License fees have been paid in full.
c) There shall be a separate Application for each Towing Company, Tow Truck
and Tow Truck Driver to be licensed.
d) The applicant shall comply with any and all requirements as set out in this
By-Law as well as any other provisions which may govern the business,
place or premises used in the carrying on of the business and/or the persons
carrying on the business or engaged in it and to which the Application
pertains.
e) The Licensing Officer, upon receipt of the Application for a License may
make, cause to be made, or request, any additional documents,
investigations or inspections to be made in respect of such Application for a
License as the Licensing Officer deems appropriate or is in the interest of
the general public, and any costs incurred for such inspection or documents
shall be at the applicant's expense.
f) Any License issued may be subject to such terms and conditions as the
Licensing Officer may prescribe.
g) Except as may otherwise be specified in this By-Law, every License shall
expire one year from the date from the day it was issued.
h) A renewal License shall follow the same process as a new License but will
be identified as a renewal on the Application.
i). If the applicant is a corporation, a copy of the incorporating document shall
be provided.
j) If the applicant is a registered partnership, a copy of the registered
declaration of partnership shall be provided.
k) In regards to 3.2 i) or 3.2 j), a record of all offences for which there has been
a conviction registered against the applicant under any By-Law, provincial
statute or federal statute, either as an individual applicant or as a partnership
applicant, directors or shareholders or officers of the corporate applicant,
such record issued within 60 days of the date of the Application received by
the Licensing Officer shall be provided.
I) Upon being satisfied that the applicant is entitled to obtain a License under
the provisions of this By-Law, the Licensing Officer shall prepare and issue a
License to the said applicant.
Page 7 of 35
3.3 Application for a Towing Company
3.3.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) A duly completed Application form as set out as Schedule 1 of this By-Law,
b) Payment of the appropriate fees as set out as Schedule 4 of this By-Law.
c) Proof of Commercial General Liability Insurance obtained and kept in force
during the term of the License issued, satisfactory to the Township, be
written by an insurer licensed to conduct business in Canada and include
but not be limited to the following:
i) A limit of liability of not less than five million ($5,000,000.00) for each
occurrence.
ii) The Township shall be named as an additional insured.
iii) The policy shall contain a provision for cross liability in respect of the
named insured.
iv) Non-owned automobile coverage with a limit of at least five million
($5,000,000.00) including contractual non-owned coverage.
V) Products and completed operation coverage (Broad Form) with an
aggregate limit not less than five million ($5,000,000.00).
vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest
Clause, Contractual Liability - Oral & Written, Contingent Employer's
Liability, Employer's Liability, Broad Form Property Damage and
Pollution From A Hostile Fire.
vii) That thirty (30) days prior notice of an alteration, cancellation or
material change in policy terms which reduces coverage's shall be
given in writing to the Township.
d) Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
e) Proof of Goods and Services Tax (GST) registration or Harmonized Sales
Tax (HST) registration.
f) A written Statement of Rates and Charges for all services provided by the
Towing Company to the Licensing Officer. The Licensee shall ensure that
no other rates or charges are demanded or received by any Tow Truck
Driver. The Statement of Rates and Charges will be periodically reviewed
by the Licensing Officer and Tow Truck Companies to ensure mutually
agreed upon rates.
g) Any changes in the Statement of Rates and Charges shall be filed with the
Licensing Officer 90 (ninety) days prior to the new Statement of Rates and
Charges taking effect.
h) A completed Occupational Health and Safety Statutory Declaration Form as
set out as Schedule 7 of this By-Law.
i) A Criminal Record Check obtained from a Police enforcement agency, dated
within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check for each owner of the Towing
Company.
Page 8 of 35
j) Any other required inspections, approvals or documents as required by the
Licensing Officer.
3.4 Application for a Tow Truck
3.4.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) A duly completed Application form as set out as Schedule 2 of this By-Law.
b) Payment of the appropriate administrative fee as set out as Schedule 4 of
this By-Law.
c) The vehicle's make, model, year and Vehicle Identification Number for each
vehicle to be licensed as a Tow Truck.
d) Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
e) A copy of the certificate of insurance for the Tow Truck for which they are
the owner. The Township shall be given at least ten (10) days' notice, in
writing, of the cancellation or expiration or variation in the amount of the
policy and insuring each such Tow Truck have a minimum of the following
amounts:
i) In respect to any one claim, in the amount of at least five million
($5,000,000.00) exclusive of interest and costs, against liability
resulting from bodily injury to or the death of one or more persons
and loss or damage to property.
In respect of any one claim, in the amount of at least two hundred
thousand ($200,000.00) against liability for damage to a customer's
motor vehicle while in their care, custody or control and caused by
collision, upset, fire, lightning, theft or attempt theft, malicious
mischief, windstorm, hail, explosion, riot, civil commotion or rising
water.
iii) In respect of any one claim, cargo liability insurance in the amount of
at least one hundred thousand ($100,000.00) to indemnify the
applicant against loss by reason of their legal liability indirect physical
loss or damage to vehicles and other items of property accepted by
the applicant for towing or conveyance.
f) A valid and current Motor Vehicle Permit issued by the Ministry of
Transportation issued in the applicant's name for each Tow Truck being
licensed.
g) The Ontario License plate number as issued by the Ministry of
Transportation.
h) A Ministry of Transportation Annual Inspection Certificate issued under the
Highway Traffic Act showing that the Tow Truck has been inspected within
the previous sixty (60) days of the date that the Application has been
received by the Licensing Officer.
i) A Ministry of Transportation Safety Standards Certificate issued under the
Highway Traffic Act within the previous sixty (60) days of the date that the
Application has received by the Licensing Officer.
j) A Vehicle Inspection letter from a Certified Master Installer to demonstrate
that the Tow Truck complies with Transport Canada Regulations for the
Towing of Vehicles.
Page 9 of 35
k) Proof of speed governing at one hundred and five (105) kilometers per hour
for trucks registered over eleven thousand, seven hundred and ninety-four
(11,794) kilograms for vehicles manufactured in 1995 or later.
1) Certificate of Inspection that the Tow Truck complies with the National
Safety Mark under the Motor Vehicle Safety Regulations or a Certificate that
the Tow Truck to be licensed is exempt.
m) A letter identifying that front line service Tow Trucks are no older than fifteen
(15) years and reserved service Tow Trucks are no older than twenty (20)
years.
n) In the case of a Tow Truck which is not owned by the Towing Company, the
registered owner's name and address, the vehicle identification number and
the Ontario License plate number as issued by the Ministry of Transportation
for each vehicle to be used as a Tow Truck.
o) If a Tow Truck is a leased vehicle, the applicant shall provide a copy of the
lease agreement for each of leased Tow Truck being licensed.
p) A Tow Truck License may be reissued by the Licensing Officer for the
replacement vehicle where a person holds a valid Township License under
this section for the current year, where such person certifies that the Tow
Truck licensed under this section has been removed from service and is
being replaced by another vehicle to be operated as a Tow Truck, and upon
submission all documents required under this By-Law.
q) Any other required inspections, approvals or documents as required by the
Licensing Officer.
3.5 Application for a Tow Truck Driver
3.5.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) A duly completed Application form as set out as Schedule 3 of this By-Law.
b) Payment of the appropriate administrative fee as set out as Schedule 4 of
this By-Law.
c) The applicant's original Ontario Driver's License with a minimum Class G
designation with no driving restrictions.
d) An Ontario Driver's License abstract obtained from the Ministry of
Transportation and dated within 30 days of the date of receipt of the
Application.
e) A Criminal Record Check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check.
f) Documentation to the satisfaction of the Licensing Officer from the owner of
the Towing Company for whom the applicant is to provide services as a Tow
Truck Driver confirming that the applicant is employed by or otherwise
authorized to provide services as a Tow Truck Driver for the said Towing
Company.
g) A statement in writing if they have any pecuniary interest either directly or
indirectly, in a vehicle pound, yard or building used for the storage or
impounding of vehicles, a vehicle body shop or other kind of public garage
or any other yard, shop, building or place used for the storage, repair or
servicing of vehicles, and provides and files with a Licensing Officer full
information as to the location and the type of facilities in which they have an
interest and the nature and extent of the interest.
Page 10 of 35
3.6 Duties of Licensing Officer
a) Upon receipt of a complete Application including required documentation
and the appropriate fees have been paid, the Licensing Officer may prior to
the issuance of any such License:
i) make any inquiries to any municipal employee(s) who has carried out
inspections relative to the Application.
receive reports from such municipal employee(s) as may be deemed
necessary.
iii) inquire into all relevant matters in order to ascertain if the applicant is
entitled to a License under the provisions of this By-Law.
b) Where the Licensing Officer is satisfied that the applicant is entitled to obtain
a License under the provisions of this By-Law, the Licensing Officer shall
prepare and issue a License to the said applicant.
c) Where the Licensing Officer is not satisfied that the applicant is entitled to
obtain a License under the provisions of this By-Law, the Licensing Officer
shall prepare a written notice to the said applicant outlining the said reasons.
The notice shall include a statement that the applicant has the right to
appeal the decision of the Licensing Officer to Council.
3.7 Administration Fees
a) Administration fees, as set out in Schedule 4 of this By-Law are to be paid
prior to the issuance of a license.
b) An administration fee as set out in Schedule 4 shall apply to the following:
i) In the event that a License issued under this By-Law is lost or
destroyed, the Licensing Officer upon satisfactory proof of such loss
or destruction, and upon payment of an administration fee, the
Licensing Officer shall issue a duplicate of the original License, upon
which shall be stamped or marked the word "DUPLICATE".
ii) Where ownership of an business is not changed or affected but such
the operating name of a business changes, the Licensee shall
immediately notify the Licensing Officer and upon payment of an
administration fee and being satisfied that there have been no other
changes in the circumstances of the licensed business, the Licensing
Officer may issue a replacement of the original License. The
Licensee shall return and surrender their License in order to affect
such a change.
3.8 Change of Ownership
a) Every Licensee shall, upon change of ownership of the licensed business
return and surrender their current License to the Licensing Officer. The new
owner shall make Application for a new License as set out in this By-Law.
3.9 Change of Premises or Location
a) Where a currently licensed business changes location or premises, such
new location or premises shall not be deemed to be licensed. The applicant
must immediately make Application for a new License under the provisions
of this By-Law and shall surrender to the Licensing Officer the License
issued in respect of their previous location or premises.
Page 11 of 35
3.10 Licenses Personal
a) No person shall enjoy a vested or property right in any License or the
continuance of any License and such License and such rights shall remain
the property of the Township.
b) Licenses are not transferable.
4. INSPECTION
a) The Municipal Law Enforcement Officer, Provincial Offences Officer, Police
Officer, or other duly appointed individual may at all reasonable times,
inspect or cause to be inspected the premises, facilities, equipment,
vehicles, and other property used or kept for hire in connection with the
carrying on of a business which is licensed or which is required to be
licensed pursuant to this By-Law.
b) The Licensing officer may waive the requirement for any inspection,
approval or documentation as may be required pursuant to this By-Law
where such inspection, approval or documentation is not applicable to the
carrying on of the business which is licensed or required to be licensed
under this By-Law.
5. POSTING OF LICENSE
a) Any License issued under this By-Law shall be prominently and
conspicuously posted on the licensed truck at all times, is required to be
shown by the Tow Truck Driver to the hirer prior to the commencement of
any work and is required to be produced by the Towing Company owner if
requested.
6. REFUSAL TO GRANT A LICENSE
6.1 The Licensing Officer may refuse to grant or issue a License to any
applicant who:
a) Has breached this By-Law in the past.
b) Has failed to comply with the requirements of this By-Law or other applicable
By-Laws of the Township or any Local Board thereof, or any Statute, Order-
in-Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or any Agency, Board or Commission thereof, in, upon or in
connection with the applied for licensed activity of the business, vehicle or
premises used or for hire in connection with the License activity.
c) Has any outstanding fines imposed under the Provincial Offences Act
R.S.O. 1990, Chapter 33, as amended, (herein referred to as the Provincial
Offences Act), for the contravention of any provision of this By-Law, or any
other municipal By-Law or Provincial statute where such fine is associated
with an offence arising out of the conduct, operation or activity within or in
conjunction with such business.
d) The applicants Ontario Driver's License is currently suspended, prohibited or
restricted due to either a Court Order, or the result of a conviction for an
offence under the Criminal Code or the result of a conviction for an offence
under any Provincial Statute.
e) Has not paid the fees as set out in Schedule 4 of this By-Law.
6.2 The Licensing Officer may refuse to grant a License to any applicant where
the Licensing Officer believes it is in the public interest to do so.
Page 12 of 35
6.3 The Licensing Officer may refuse to grant a License to any applicant where
the Licensing Officer has received three substantiated written complaints in
one licensing year regarding the applicant.
7. SUSPENSION/REVOCATION
7.1 The Licensing Officer may suspend or revoke a License issued to any
Licensee who:
a) Has breached this By-Law in the past.
b) Has failed to comply with the requirements of this By-Law or other applicable
By-Laws of the Township or any Local Board thereof, or any Statute, Order-
in-Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or any Agency, Board or Commission thereof, in, upon or in
connection with the applied for licensed activity of the business or premises,
facilities, equipment, vehicles and other property used or kept for hire in
connection with the License activity.
c) Has any outstanding fines imposed under the Provincial Offences Actfor the
contravention of any provision of this By-Law or any other municipal By-Law
or Provincial statute where such fine is associated with an offence arising
out of the conduct, operation or activity within or in conjunction with such
business.
d) Has their Ontario Driver's License suspended, prohibited or restricted due to
either a Court Order, or the result of a conviction for an offence under the
Criminal Code or the result of a conviction for an offence under any
Provincial Statute.
7.2 The Licensing Officer may suspend or revoke any License issued to any
applicant where the Licensing Officer believes it is in the public interest to do
so.
7.3 The Licensing Officer may suspend or revoke a License to any applicant
where the Licensing Officer has received three substantiated complaints in
one licensing year regarding the applicant.
7.4 Any suspension of a License may be subject to such terms and conditions
as the Licensing Officer may prescribe.
7.5 No person shall operate any Towing Company, Tow Truck or act as a Tow
Truck Driver contrary to any License suspension, or terms and conditions
thereto, or where such License has been suspended or revoked.
8. NOTICE AND APPEAL
8.1 Where the Licensing Officer refuses to issue, suspends, imposes conditions
onto a License, or revokes a License, the Licensing Officer shall notify the
applicant in writing of such decision. The Notice of Decision shall set out:
a) The grounds upon which the issue of the said License is refused,
suspended, conditions are imposed or revoked.
b) That the applicant or Licensee may appeal such decision to Council by filing
with the Clerk an appeal, in writing, of the said decision within fifteen (15)
business days of being notified of the decision of the Licensing Officer.
c) A statement that if no such appeal is received by the Clerk within fifteen (15)
business days of being notified of the decision of the Licensing Officer, that
the applicant or Licensee shall not be entitled to any further notice of
proceedings.
Page 13 of 35
8.2 Upon receipt of an appeal from the applicant or Licensee the Clerk shall:
a) Fix a date and time for such matter to be considered by Council.
b) Send a Notice of Hearing to the applicant or Licensee by registered mail at
the last address as shown in the records of the Licensing Officer and to any
other person who has applied to be heard with regard to the matter at least
fifteen (15) business days prior to the date and time fixed for such hearing.
8.3 Where the Clerk does not receive an appeal from an applicant within fifteen
(15) business days, the Licensing Officer need not process the Application
further, no further notice is required to be served on the applicant, and no
refund of any fees paid is required.
8.4 At the Hearing, Council may:
a) Receive a written report from the Licensing Officer or anyone who may be
involved in the matter being considered by Council.
b) Afford an opportunity to the applicant or Licensee, either personally or
through their agent or solicitor, to present such material and evidence
relevant to the issue before Council and may ask questions of any person
presenting evidence or a report to Council relevant to the said issue.
c) Afford any other person who requests to be heard and who appears to have
an interest in the matter under discussion, an opportunity to present material
and evidence relevant to the issue before Council and to ask questions of
any person presenting evidence or a report to Council relevant to the said
issues.
8.5 Council, in considering whether or not to grant, refuse, revoke or suspend a
License shall have regard to the following:
a) Whether or not the applicant or Licensee and the compound, Tow Truck
and/or Tow Truck Driver in connection with the carrying on of a business
which is licensed or which is required to be licensed, pursuant to this By-
Law, complies with all requirements of this By-Law.
b) Whether or not the applicant or Licensee has failed to promptly remedy any
reasonable concern with regard to those matters set out in this By-Law or
has committed past breaches of this By-Law.
c) Whether or not the applicant or Licensee has failed to comply with any
requirements of any other applicable By-Law of the Township or Local Board
thereof, or any Statute, Order-in-Council, or Regulation of the Provincial
Legislature or the Parliament of Canada, or any Agency, Board or
Commission thereof, in, upon or in connection with the licensed activity.
d) Whether or not the applicant or Licensee has any outstanding fines imposed
under the Provincial Offences Act for the contravention of any provision of
this By-Law.
e) Whether or not the applicant's or Licensee's Ontario Driver's License has a
legal restriction resulting from either a Criminal Charge or a Criminal
Conviction.
8.6 Where an applicant has been referred to the Council for a hearing and the
applicant does not attend before the Council at the time and place of which
notice has been served upon such applicant, the Council may hold a hearing
in the absence of the applicant or may decide to take no further action with
respect to the Application, and no further notice is required to be served
upon the applicant.
Page 14 of 35
8.7 Council may, after the appropriate hearing is conducted, grant a License,
refuse to grant a License, revoke a License, suspend a License or impose
conditions on a License, and may make any suspension of License subject
to such terms or conditions as Council may prescribe and a decision made
pursuant to the exercise of these powers is final and binding upon the
applicant or Licensee.
8.8 The decision made by Council shall be confirmed in writing by the Chair of
the Council meeting and shall be mailed to the applicant or Licensee at their
last address as shown in the records of the Licensing Officer, to any person
who has appeared before Council and requested that a copy of the decision
be provided to them, and to the Licensing Officer.
9. DUTIES OF A TOWING COMPANY, TOW TRUCK OWNER AND TOW
TRUCK DRIVER
9.1 Every licensed Towing Company shall:
a) Provide and maintain a suitable office for the purpose of dispatching and
administration of the Towing Company, within the compound as permitted in
the Township's Zoning By-Law.
b) Ensure that they are able to provide 24 hour Tow Truck service to the public
for each day of the year.
c) Ensure compliance, with Sections 9.2 and 9.3 of this By-Law for any Tow
Truck owner and Tow Truck Driver operating on the Towing Company's
behalf where applicable.
d) Provide telephone and radio dispatching equipment and facilities in proper
working condition.
e) Permit to be operated only a Tow Truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 Ibs.).
f) Ensure that every driver of a Tow Truck is the holder of valid Ontario Driver's
License issued to them by the Ministry of Transportation for the Province of
Ontario and that such License is valid at all times which such driver is
engaged in driving any Tow Truck used by the Licensee.
g) Submit such Tow Truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, or other duly appointed individual
under the provisions of the Highway Traffic Act as necessary, and such valid
and current Safety Standards Certificate issued pursuant to the Highway
Traffic Act shall be filed with the Licensing Officer.
h) Maintain with the Licensing officer at all times, a list of Tow Truck Drivers
who will drive Tow Trucks on behalf of the Towing Company and shall notify
the Licensing Officer within two (2) business days of the termination of
employment of a driver licensed pursuant to this By-Law.
i) Ensure due performance and observance of all the provisions of this By-Law
by themselves and by their employees and all other persons in or upon the
premise which is licensed under the provisions of this By-Law.
j) Use only stationery, forms, bills, invoices, statements and any other printed
or written advertising material including any published advertisement in a
newspaper, periodical, directory or other publication, which has printed
therein in clearly legible figures and letters their name and address.
Page 15 of 35
k) Not make representation in any form that the Towing Company, Tow Truck
Owner or Tow Truck Driver has the endorsement of the Township, the
Ontario Provincial Police or any other Police Agency except with the written
permission from the Township, the Ontario Provincial Police or any other
Police Agency.
1) Have attached to or painted on both sides of the body of the Tow Truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number as shown on the Towing Company's License. Where the
Towing Company owner owns more than one truck, a number identifying
each Tow Truck.
m) Only use the service of a Tow Truck Driver who is licensed as a driver under
this By-Law.
n) Make all facilities and/or equipment available for inspection at any time
requested by the Municipal Law Enforcement Officer, Provincial Offences
Officer, Police Officer, or other duly appointed individual.
o) Strictly control access to the compound at all times.
p) Be entirely responsible for the repair of any damage to any impounded
vehicle caused during the impoundment period.
9.2 Every licensed Tow Truck owner shall:
a) Maintain the interior and exterior in good repair and keep the Tow Truck in a
clean and sanitary condition at all times.
b) Ensure that the Tow Truck Driver operating on their behalf charge the rates
for services permitted by the provisions of this By-Law.
c) Ensure that the Tow Truck Driver operating on their behalf charge the rates
filed with a Licensing Officer for towing and for services beyond those
services stipulated in this By-Law.
d) Ensure that the Tow Truck Driver operating on their behalf keeps an orderly
record of all calls answered by Tow Trucks owned by them.
e) Ensure that they are able to provide 24 hour Tow Truck service to the public
for each day of the year.
f) Provide telephone and radio dispatching equipment in proper working
condition.
g) Permit to be operated only a Tow Truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 Ibs.).
h) Ensure that every driver of a Tow Truck shall be familiar with the provisions
of this By-Law, the laws and regulations relating to traffic and the geography
of the Township.
i) Ensure that every driver of a Tow Truck is the holder of valid Ontario Driver's
License issued to them by the Ministry of Transportation for the Province of
Ontario and that such License is valid at all times which such driver is
engaged in driving any Tow Truck used by the Licensee.
j) Submit such Tow Truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, or other duly appointed individual
under the provisions of the Highway Traffic Act as necessary, and such valid
and current Safety Standards Certificate issued pursuant to the Highway
Traffic Act shall be filed with the Licensing Officer.
Page 16 of 35
k) Maintain with the Licensing Officer at all times, a list of Tow Truck Drivers
who will drive Tow Trucks on behalf of the Tow Truck owner.
1) Not make representation in any form that the Towing Company, Tow Truck
Owner or Tow Truck Driver has the endorsement of the Township, the
Ontario Provincial Police or any other Police Agency except with the written
permission from the Township, the Ontario Provincial Police or any other
Police Agency.
m) Be responsible for the due performance and observance of all the provisions
of this By-Law by themself and all other persons operating the Tow Truck on
their behalf, which is licensed under the provisions of this By-Law.
n) Use only stationery, forms, bills, invoices, statements and any other printed
or written advertising material including any published advertisement in a
newspaper, periodical, directory or other publication, which has printed
therein in clearly legible figures and letters their name and address.
o) Have attached to or painted on both sides of the body of the Tow Truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number as shown on the owner's License. Where the Towing
Company owner owns more than one truck, a number identifying each Tow
Truck.
p) Only use the service of a Tow Truck Driver who is licensed as a driver under
this By-Law.
q) Have affixed to the Tow Truck in a location approved by a Licensing Officer
the owner's plate issued for that Tow Truck.
r) Give written notice of the sale or other disposition of a Tow Truck to the
Licensing Officer within seven (7) days of any such sale or disposition.
s) Accept full responsibility for the acts and omissions of any driver or other
employee to the extent that any such acts or omissions do not comply with
the provisions of this By-Law.
t) Advise the Licensing Officer, within 10 days, of any change in any License
plate issued by the Ministry of Transportation to a Tow Truck licensed by the
Township pursuant to either this or any other By-Law.
9.3 Every licensed Tow Truck Driver shall:
a) Maintain the interior and exterior in good repair and keep the Tow Truck in a
clean and sanitary condition at all times.
b) Comply with all reasonable instructions from the hirer.
c) Take due care of all vehicles and property delivered or entrusted to them for
towing.
d) Be civil and behave courteously.
e) Keep an orderly record of all calls answered by them showing date, time,
service starting location, destination, finishing kilometers at the destination,
Tow Truck vehicle License number and the name of the driver, type of
service provided and remuneration collected. The records shall be retained
for a period of 12 months from date of entry and shall be open for inspection
by any Municipal Law Enforcement Officer, Police Officer or other duly
appointed individual at any reasonable time and may be removed by such
Municipal Law Enforcement Officer, Police Officer or other duly appointed
individual and retained for any reasonable period of time.
Page 17 of 35
f) Before demanding payment for services, present to the hirer an itemized bill
for the services setting out the cost of all services and equipment provided or
to be provided on the basis of the rate set out in the Tariff of Rates as
identified as set out in Schedule 5 of this By-Law and as submitted to the
Licensing Officer.
g) Keep in the Tow Truck and show to the hirer a copy of a tariff card showing
the collision rates, as per Schedule 5 of this By-Law, the applicable rates
filed with the Licensing Officer for non-collision rates and also showing, if
applicable, that the hirer may be charged additional fees for storage by the
operator of any storage facility or business to which the hirer's vehicle is to
be towed.
h) Operate only a Tow Truck with a gross vehicle weight rating of at least 4,536
kg (10,000 Ibs.).
i) Operate only a Tow Truck which has all of the following equipment in a good
state of repair:
i) A wiriching or hoisting device of sufficient capacity to lift safely the
vehicle to be towed.
ii) Wheel lift or an underlift equipped and maintained in a manner to
ensure the safe lifting and conveying of a vehicle to be towed.
iii) One device for securing the steering wheel of a vehicle.
iv) One dry chemical fire extinguishers having an effective total rating
equivalent to at least 4-B C, and weighing at least 2.27 kg
(approximately 5 Ibs.).
v) A minimum of two tow safety chains having a minimum length of
2.7432 metres (approximately 9 feet) each with links of at least
7.9375mm steel (5/16 inches).
vi) Three (3) safety pylons.
vii) An intermittent amber warning light system consisting of at least one
light which would be clearly visible in all directions for a distance of
least 100 metres (approximately 328 feet).
viii) A broom.
ix) A shovel.
x) A general purpose first aid kit.
A) At least one (1) wheel blocks.
xii) Flares or reflector kits.
xiiii) Wheel wrenches.
xiv) Light bar for a rear extension carrier.
xv) A dolly or flatbed truck.
xvi) A safety vest.
xvii) Any other equipment as may be required under the Highway Traffic
Act.
Page 18 of 35
xviii) Any equipment the Tow Truck Driver deems necessary and
appropriate.
j) Produce trip records upon the request of any Licensing Officer, Municipal
Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other
duly appointed individual.
k) Drive the Tow Truck which is towing or otherwise conveying a vehicle by the
most direct route to the destination requested by the hirer, and in the most
expeditious manner, unless otherwise directed by the hirer.
1) Drive the Tow Truck to a compound appropriately zoned by the Township by
the most direct route unless the hirer requests that the vehicle be delivered
elsewhere.
m) Take due care of all property delivered or entrusted to them and accepted by
them for conveyance or safekeeping.
n) With the gained approval of the Investigating Police Officer, clean up any
debris, fragments of glass, vehicle parts or other materials and which may
be a danger to the public from any highway or roadway prior to towing the
vehicle from the collision scene.
o) Retain all Towing Authorization Forms for at least ninety (90) days from the
tow date indicated on the Towing Authorization Form and make them
available for inspection upon request by a Police Officer or Licensing Officer.
p) Where the hirer refuses to sign the Towing Authorization Form, the driver
must indicate such on the form and retain this form for at least ninety (90)
days from the tow date indicated on the Towing Authorization Form and
make it available for inspection upon request by a Police Officer, or a
Licensing Officer.
q) Place their Tow Truck Driver's photographic identification card, as issued by
the Township pursuant to the provisions of this By-Law, in such a manner in
the Tow Truck they are driving as to be conveniently seen and read by
passengers.
r) Punctually keep all their appointments and engagements resulting from calls
and shall, unless the Tow Truck they are driving has been previously
engaged, serve at any place within the Township and at any specified time,
whether by day or night, any person who may lawfully require their Tow
Truck and they shall not neglect to fulfill their appointments or engagements
except for reasons beyond their control.
S) Upon request of any passenger, give in writing their name and number of
the License issued to them under the provision of this By-Law.
t) Provide a full recovery service for any and all loads dumped at a collision
scene in accordance with any applicable legislation.
u) Provide the hirer, after providing proof of ownership of the vehicle, the
opportunity to remove any personal property left in the vehicle and itemize
those items on the Authorization Form as set out in Schedule 6 of this By-
Law.
10.5 Every Tow Truck Owner and Tow Truck Driver shall be prohibited
from:
a) Using any vehicle as a Tow Truck unless such vehicle has been licensed
under the provisions of this By-Law.
b) Providing any service or operating as a Tow Truck Driver for any Towing
Company which is not licensed under the provisions of this By-Law.
Page 19 of 35
c) Receiving dispatched calls from a Towing Company unless such Towing
Company is licensed under the provisions of this By-Law.
d) Commencing to tow or otherwise convey or move any vehicles, hook, lift
or connect the vehicle to the Tow Truck unless the Tow Truck Driver has
completed a Towing Authorization Form, provided the form to the hirer,
and the form has been dated and signed by the hirer and the driver has
provided a copy of the completed form to the hirer.
e) Commencing to tow or otherwise convey or move any vehicle, or hook, lift
or connect the vehicle to the Tow Truck, or perform any other services
unless first requested to do so by a hirer, a Police Officer, any member of
a Municipal Fire Department, or any person authorized by law to direct the
removal of the vehicle from private or public property.
f) Altering the Towing Authorization Form.
g) Charging any fare or rate which is contrary to those stipulated in this By-
Law or approved by the Licensing Officer.
h) Stopping, or parking within two hundred (200) metres (approximately 656
feet) of a collision scene. This provision does not apply where the Tow
Truck Driver has been summoned to the location of the collision by one of
the persons referred to in subsection 10.5 e) of this By-Law or where there
are fewer Tow Trucks at the collision scene than vehicles apparently
requiring the services of a Tow Truck.
i) Asking or seeking out a hirer or allowing or directing an agent to ask or
seek out a hirer, at a collision scene or within two hundred (200) metres
(approximately 656 feet) of a collision scene, where the actions of the
driver or agent constitute a nuisance.
j) Towing or otherwise conveying or moving any vehicle which is to be towed
outside of the Township unless it is to a compound authorized by the
Township or it is requested by the owner or operator of the vehicle, a
Police Officer or member of the Municipal Fire Department.
k) Driving or acting as a driver unless the registered owner or where
applicable, the lessee, of the Tow Truck is licensed under this By-Law.
1) Remaining at the scene of a tow after a Police Officer or member of a
Municipal Fire Department at the scene has requested that the driver
leave the scene immediately.
m) Interfering with any contract for hiring of a Tow Truck where a person has
hired or has indicated their intention to hire a Tow Truck.
n) Inducing any person to employ or hire a Tow Truck by making any false
representations to any person, including representations regarding the
location of, or distance to, any place.
o) Using or permitting to be used, a Tow Truck which has been found to be
unsafe or defective after examination and inspection as required under this
By-Law.
p) Demanding or requesting payment for their services other than in
accordance with the applicable schedule of rates filed with a Licensing
Officer.
q) Demanding or requesting or receiving a drop fee.
Page 20 of 35
r) Charging a hirer for time lost through defects or inefficiency of the Tow
Truck, or the incompetence of the Tow Truck owner or driver.
s) Suggesting or recommending to any hirer that any motor vehicle in respect
of which their services are to be given or requested, be towed, conveyed,
driven or delivered to any particular salvage yard, body shop, storage yard
or any other public garage, building or place, unless they have been
requested to do so by the hirer.
t) Permitting a person to be a passenger in a Tow Truck, except under the
following circumstances:
i) the passenger is the hirer of the Tow Truck.
ii) the passenger is either the spouse, son, daughter or parent or similar
relation in law of the Tow Truck Driver, and in such cases, the driver
is not to solicit a tow, engage in any form of towing or have their Tow
Truck within two hundred (200) metres (approximately 656 feet) of
the collision scene, nor shall the driver cause or permit their
passenger to solicit a tow or take any actions to engage in any form
of towing while the passenger is in the Tow Truck.
iii) the passenger has been issued a temporary License and is receiving
instructions on driver training as to the operation of a Tow Truck while
a passenger.
iv) the passenger is the owner of the Tow Truck or Towing Company.
v) Is exempt under the provisions of Section 11.4 of this By-Law.
u) Soliciting any person to take or use the Tow Truck they are driving by calling
out or shouting or employ or allow any runner or other person to assist or act
in concert with them in obtaining any business. The person wishing to use
or engage the Tow Truck shall be left to choose without interception or
solicitation.
v) Obstructing the use of any sidewalk, make any loud noise or disturbance,
use any abusive language, annoy or insult any person whatsoever.
w) Parking, stopping or otherwise standing the Tow Truck contrary to any
Township By-Law except while actually at the vehicle and engaged in
services as provided by such driver.
x) Smoking in contravention of any Township By-Law regarding smoking or
any other applicable legislation, whichever is the most restrictive.
y) Falsely representing themselves as an employee of the Ontario Provincial
Police, any other Police Agency or the Township, in any manner.
z) Operating a Tow Truck at any time where such vehicle being operated as a
Tow Truck does not meet, or if put to an inspection, could not pass the
Safety Standards established pursuant to the Highway Traffic Act.
aa) Permitting any Tow Truck Driver to drive any Tow Truck unless such Tow
Truck Driver is licensed under the provisions of this By-Law.
bb) Permitting any person to dispatch calls on behalf of the Towing Company or
to a Tow Truck unless such company or vehicle is licensed under the
provisions of this By-Law to do so.
Page 21 of 35
cc) Breaching or violating or causing, suffering, or permitting any breach or
violation of any By-Law of the Township, or any Statute, Order-in-Council, or
Regulation of the Legislature of the Province of Ontario or the Parliament of
Canada or any Agency, Board or Commission thereof, in, upon, or in
connection with the vehicle or activity for, or in relation to which the License
has been issued.
dd) Causing, suffering or committing any nuisance to arise in, on, or in
connection with the vehicle or activity for which the License has been issued.
ee) Operating or allowing to operate a Tow Truck that exceeds the
manufacturer's gross vehicle axle rating (G.V.A.R.).
ff) Acting, or permitting to act, as a spokesperson to the media on behalf of
Police, the Township, any persons or agencies, on all matters occurring, or
have thought to be occurring, within a collision scene.
11. HEAVY RECOVERY TOWING / HEAVY RECOVERY FIRM
11.1 A Towing Company shall be deemed to be a Heavy Recovery Towing
or Heavy Recovery Firm if the Towing Company:
a) Owns or has immediate access to and ability to operate a minimum of one
(1) rotating recovery Tow Truck with a forty (40) ton minimum manufacturer
rated boom.
b) Owns or has immediate access to and ability to operate a minimum of two
(2) additional heavy recovery units with a twenty-five (25) ton minimum
manufacturer rated boom.
c) Utilizes manufacturer rated safety chains appropriate to the size of the
recovery unit.
d) Owns or has immediate access to replacement tractors available at all
times.
e) Owns or has immediate access to load floats and/or detachable floats and
replacement van trailers at all times.
f) Is able to provide an appropriate indoor facility for the storage of vehicles for
investigational purposes which is deemed appropriate by any investigating
officer or any enforcement agency with an auditory alarm and video
surveillance.
g) Submit such Tow Truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, or other duly appointed individual
under the provisions of the Highway Traffic Act, as necessary.
11.2 A Heavy Recovery Towing / Heavy Recovery Firm shall provide to the
Licensing Officer:
a) Proof of Ministry of Environment Provisional Waste Handling Certification.
b) A copy of the auditable training programs for the Transportation of
Dangerous Goods as per the Dangerous Goods Transportation Act, R.S.O.
1990, Chapter D.1, as amended.
c) A statement that all surveillance records will be kept in a secure location for
a minimum of thirty (30) calendar days.
d) A copy of any contracts relating to the requirements of 11.1 a), b), d), e) and
f) of this By-Law, if applicable.
Page 22 of 35
e) And must meet all requirements for a Towing Company as identified within
this By-Law unless exemptions are otherwise provided within this By-Law.
11.3 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to
operate a compound outside of the Township boundaries upon:
a) Inspection of the facility by the Licensing Officer or designate.
b) Approval by the Council of the Township.
c) Proof of insurance with a minimum of $5,000,000.00 (five million) liability for
the compound.
d) And that the said compound meets all other requirements as provided within
this By-Law.
11.4 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to
allow working as many employees of the Towing Company as required
to complete the towing in a safe and timely manner which includes to
be permitted to travel in the Heavy Recovery Towing Tow Truck(s).
12. TRAINEES AND TRAINING INSTRUCTION
a) Where a person who is permitted to be a passenger pursuant to this By-Law
is receiving instructions on driver training such passenger shall not be:
i) Trained for more than one thirty-day period commencing from the
date that the Application for a driver's License was submitted to the
Licensing Officer;
ii) Permitted more than one such thirty-day training session regardless
of the number of Applications for a driver's License the applicant may
have made to the Licensing Officer; or
iii) A nuisance, or hindrance or such passenger shall not create a
disturbance while in the process of receiving such training.
b) Where an Application for a driver's License has been submitted to the
Licensing Officer, and where the applicant for such driver's License will be
receiving instructions on driver training from the licensed owner, the
Licensing Officer shall issue a trainee License which shall expire thirty (30)
days from the date that the Application is submitted and is completed within
the provisions of this By-Law.
c) No person shall be a passenger in a Tow Truck who is receiving instructions
on driver training prior to the issuance of a thirty (30) day trainee License.
d) No person shall instruct, or permit to be instructed, a passenger on driver
training prior to the issuance of a thirty (30) day trainee License.
1 13. ENFORCEMENT
a) A Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences
Officer, Police Officer, or other duly appointed individual shall enforce the
provisions of this By-Law.
Page 23 of 35
14. REGISTRY
a) The Licensing Officer shall keep a License register in which shall be
recorded the full operating name and address of each Licensee, the address
of the place or premise in which the Licensee carries on, conducts,
operates, maintains, keeps, or engages in the business, for which the
License was issued, the number of the License and any plates issued, the
date of issue, the amount of the License fee paid, the date of expiry of the
License, the type of License issued, and any other particulars or
observations pertaining to the same which are useful or necessary. A copy
of the updated License registry shall be provided to the Ontario Provincial
Police Barrie Detachment upon each update.
15. INSURANCE
a) All insurance required under the provisions of this By-Law shall be provided
at the time of Application in a form acceptable to the Township and in the
amount as specified pursuant to the applicable sections of this By-Law
unless otherwise approved or required by Council. Where applicable,
Certificates of Insurance shall name The Corporation of the Township of
Oro-Medonte as an additional insured. Further, any liability insurance shall
contain an endorsement specifying that the Township shall be given thirty
(30) days written notice of any cancellation, expiration or change in the
policy.
b) If for any reason such liability insurance is cancelled, expires or for any other
reason does not remain in effect, the License for which the insurance was
required shall become void on the final date for which the insurance was
valid.
16. FEES AND INSPECTIONS
a) The Schedules of this By-Law outline the Applications, inspections, and
documentation required to accompany any Application and further
establishes the fees required to be paid by the applicant at the time of
Application.
b) Incomplete Applications shall be considered to have been received and may
be returned to the applicant or held pending further information and the
applicant will be provided a written notice of such actions of the Licensing
Officer. Once the Application and fee is submitted to the Licensing Officer,
the fee shall not be reimbursed.
17. SCOPE AND AUTHORITY
a) Where a matter is subject to provincial regulation, any provision of this By-
Law is without effect to the extent that it prohibits or regulates the matter in
substantially the same way as or in a more restrictive way than the provincial
regulation.
18. EXPIRY OF LICENSE
a) The date of expiry for all Licenses issued under the provisions of this By-Law
shall be one year from date of issue unless otherwise specified on the
License and each renewal of License shall, thereafter, expire on such date
in each subsequent year.
Page 24 of 35
19. SEVERABILITY
a) Should any section of this By-Law be declared by a Court of competent
jurisdiction to be ultra vires or illegal for any reason, the remaining parts
shall nevertheless remain valid and binding, and shall be read as if the
offending section or part had been struck out.
20. EXEMPTIONS
a) The Licensing Officer and/or Council may grant an exemption to any
person from any provision of this By-Law and impose conditions for such
exemption as may be considered reasonable and necessary, provided
such exemption does not interfere with the general integrity of this By-
Law.
b) In the event that a situation develops that requires specialized towing
equipment that is not available through a licensed owner/driver then the
closest available towing service with the necessary equipment may be
called and the company's owner and driver shall be exempt from the
requirements of this By-Law for the duration of the call for service.
c) In the event that a Police Officer and/or an Investigating Officer requires
the Tow Truck services to be provided from a Towing Company that has a
contract or memorandum of understanding with the Ontario Provincial
Police or any other Police Service, the necessary Towing Company may
be called and the company's owner and driver shall be exempt from the
requirements of this By-Law for the duration of the call for service.
d) In the event that a Police Officer and/or an Investigating Officer requires
the Tow Truck services to be provided from a Towing Company that can
offer a specialized services required by the Police Officer and/or
Investigating Officer, the necessary Towing Company may be called and
the company's owner and driver shall be exempt from the requirements of
this By-Law for the duration of the call for service.
e) Where there is a matter of public concern or public safety, the vehicle
operator/owner/responsible representative shall be asked to select a
towing service from a Township generated listing of all locally licensed
Towing Companies, or if the hirer is unable to do so, the Officer shall call
for the next towing service on the rotational call list.
f) Where there are no matters of public concern or public safety, the vehicle
operator/owner/responsible representative shall be asked to select a
towing service from a Township generated listing of all locally licensed
Towing Companies, or if the hirer is unable to do so, the Officer shall call
for the next towing service on the rotational call list.
21. IMMEDIATE REVOKATION/CANCELLATION OF TOWING
OWNER/TOW DRIVER LICENSE
a) Where a Licensing Officer, Municipal Law Enforcement Officer, Police
Officer or other Provincial Offences Officer finds suspended, prohibited or
restricted by way of a Court Order, Criminal Conviction or other conviction
pursuant to a Provincial Statute, the Ontario Driver's License of a person
who is licensed under this By-Law, the Tow Truck Owner or Tow Truck
Driver shall surrender the License issued pursuant to this By-Law and it
shall be immediately revoked or cancelled until a hearing has been
convened.
Page 25 of 35
b) Where a Licensing Officer, Municipal Law Enforcement Officer, Police
Officer or other Provincial Offences Officer finds suspended, prohibited or
restricted by way of a Court Order, Criminal Conviction or other conviction
pursuant to a Provincial Statute, the Ontario Driver's License of a person
who is licensed under this By-Law, the Tow Truck Owner or Tow Truck
Driver shall as soon as practical return the seized License issued pursuant
to this By-Law to the Licensing Officer.
c) A Tow Truck Driver who has had their License revoked or cancelled by
reason in paragraph 21. a), may re-apply for a license issued under
section 3.4 or 3.5 and pay all applicable fees.
Page 26 of 35
SCHEDULE 1 To By-Law No. 2011-093
APPLICATION -TOWING COMPANY
Registered Name of Company
Company's Address
Compound Location
Email
= New
Company's Owner(s)
Company's Main Contact
Phone Number
Cellular Number
0 Renewal
1. Payment of the appropriate fees as set out in Schedule 4 of this By-Law.
2. Proof of Commercial General Liability Insurance obtained and kept in force
during the term of the License issued, satisfactory to the Township, be written
by an insurer licensed to conduct business in Canada and include but not be
limited to the following:
i) A limit of liability of not less than five million ($5,000,000.00) for each
occurrence.
ii) The Township shall be named as an additional insured.
iii) The policy shall contain a provision for cross liability in respect of the named
insured.
iv) Non-owned automobile coverage with a limit of at least five million
($5,000,000.00) including contractual non-owned coverage.
v) Products and completed operation coverage (Broad Form) with an aggregate
limit not less than five million ($5,000,000.00).
vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest Clause,
Contractual Liability - Oral & Written, Contingent Employer's Liability,
Employer's Liability, Broad Form Property Damage and Pollution From A Hostile
Fire.
vii) That thirty (30) days prior notice of an alteration, cancellation or material change
in policy terms which reduces coverage's shall be given in writing to the
Township.
3. Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
4. Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax
(HST) registration.
Page 27 of 35
5. A written Statement of Rates and Charges for all services provided by the
Towing Company to the Licensing Officer. The Licensee shall ensure that no
other rates or charges are demanded or received by any Tow Truck Driver. The
Statement of Rates and Charges will be periodically reviewed by the Licensing
Officer and Tow Truck Companies to ensure mutually agreed upon rates.
6. Any changes in the Statement of Rates and Charges shall be filed with the
Licensing Officer 90 (ninety) days prior to the new Statement of Rates and
Charges taking effect.
7. A completed Occupational Health and Safety Statutory Declaration Form as set
out as Schedule 7 of this By-Law.
8. A Criminal Record Check obtained from a Police enforcement agency, dated
within 30 days of the date of receipt of the Application, including, if applicable, a
Vulnerable Sectors Check for each owner of the Towing Company.
9. Any other required inspections, approvals or documents as required by the
Licensing Officer:
This Application is deemed to be complete on the of
20
Staff signature.
Page 28 of 35
SCHEDULE 2 To By-Law No. 2011-093
APPLICATION - TOW TRUCK
Company's Name on Tow Truck Tow Truck's Owner(s)
Tow Truck Owner's Address
Compound Location
Email
Tow Truck Owner's Main Contact
Phone Number
Cellular Number
0 New
0 Renewal
1. Payment of the appropriate fees as set out in Schedule 4 of this By-Law.
2. The vehicle's make, model, year and Vehicle Identification Number.
3. Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
4. A copy of the certificate of insurance for the Tow Truck for which they are the
owner. The Township shall be given at least ten (10) days' notice, in writing, of
the cancellation or expiration or variation in the amount of the policy and
insuring each such Tow Truck have a minimum of the following amounts:
i) In respect to anyone claim, in the amount of at least five million ($5,000,000.00)
exclusive of interest and costs, against liability resulting from bodily injury to or
the death of one or more persons and loss or damage to property.
ii) In respect of any one claim, in the amount of at least two hundred thousand
($200,000.00) against liability for damage to a customer's motor vehicle while in
their care, custody or control and caused by collision, upset, fire, lightning, theft
or attempt theft, malicious mischief, windstorm, hail, explosion, riot, civil
commotion or rising water.
iii) In respect of any one claim, cargo liability insurance in the amount of at least
one hundred thousand ($100,000.00) to indemnify the applicant against loss by
reason of their legal liability indirect physical loss or damage to vehicles and
other items of property accepted by the applicant for towing or conveyance.
5. A valid and current Motor Vehicle Permit issued by the Ministry of
Transportation issued in the applicant's name for each Tow Truck being
licensed.
6. The Ontario License plate number as issued by the Ministry of Transportation.
7. A Ministry of Transportation Annual Inspection Certificate issued under the
Highway Traffic Act showing that the Tow Truck has been inspected within the
previous sixty (60) days of the date that the Application has been received by
the Licensing Officer.
Page 29 of 35
8. A Ministry of Transportation Safety Standards Certificate issued under the
Highway Traffic Act within the previous sixty (60) days of the date that the
Application has received by the Licensing Officer.
9. A Vehicle Inspection letter from a Certified Master Installer to demonstrate that
the Tow Truck complies with Transport Canada Regulations for the Towing of
Vehicles.
10. Proof of speed governing at one hundred and five (105) kilometers per hour for
trucks registered over eleven thousand, seven hundred and ninety-four (11,794)
kilograms for vehicles manufactured in 1995 or later.
11. Certificate of Inspection that the Tow Truck complies with the National Safety
Mark under the Motor Vehicle Safety Regulations or a Certificate that the Tow
Truck to be licensed is exempt.
12. A letter identifying that front line service Tow Trucks are no older than fifteen
(15) years and reserved service Tow Trucks are no older than twenty (20)
years.
13. In the case of a Tow Truck which is not owned by the Towing Company, the
registered owner's name and address, the vehicle identification number and the
Ontario License plate number as issued by the Ministry of Transportation for
each vehicle to be used as a Tow Truck.
14. If a Tow Truck is a leased vehicle, the applicant shall provide a copy of the
lease agreement for each of leased Tow Truck being licensed.
15.A Tow Truck License may be reissued by the Licensing Officer for the
replacement vehicle where a person holds a valid Township License under this
section for the current year, where such person certifies that the Tow Truck
licensed under this section has been removed from service and is being
replaced by another vehicle to be operated as a Tow Truck, and upon
submission all documents required under this By-Law.
16. Any other required inspections, approvals or documents as required by the
Licensing Officer:
This Application is deemed to be complete on the of
20 .
Staff signature.
Page 30 of 35
SCHEDULE 3 To By-Law No. 2011-093
APPLICATION - TOW TRUCK DRIVER
Tow Truck Driver's Name
Tow Truck Driver's Address
Compound Location
Email
0 New
Phone Number
Cellular Number
0 Renewal
1. Payment of the appropriate fees as set out in Schedule 4 of this By-Law.
2. The applicant's original Ontario Driver's License with a minimum Class G
designation with no driving restrictions.
3. An Ontario Driver's License abstract obtained from the Ministry of
Transportation and dated within 30 days of the date of receipt of the Application.
4. A Criminal Record Check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check.
5. Documentation to the satisfaction of the Licensing Officer from the owner of the
Towing Company for whom the applicant is to provide services as a Tow Truck
Driver confirming that the applicant is employed by or otherwise authorized to
provide services as a Tow Truck Driver for the said Towing Company.
6. A statement in writing if they have any pecuniary interest either directly or
indirectly, in a vehicle pound, yard or building used for the storage or
impounding of vehicles, a vehicle body shop or other kind of public garage or
any other yard, shop, building or place used for the storage, repair or servicing
of vehicles, and provides and files with a Licensing Officer full information as to
the location and the type of facilities in which they have an interest and the
nature and extent of the interest.
7. Any other required inspections, approvals or documents as required by the
Licensing Officer:
This Application is deemed to be complete on the
20
Staff signature.
of
Page 31 of 35
SCHEDULE 4 To By-Law No. 2011-093
FEES
CATEGORY
LICENSE FEE
Towing Company each
$250.00
Tow Truck each
$250.00
Tow Truck Driver each
$100.00
Duplicate License
$25.00
Replacement License including
amendments
$25.00
**In the event of return and/or surrender or revocation of a license issued
pursuant to this By-Law, no part of the license fee will be refunded.
Page 32 of 35
SCHEDULE 5 To By-Law No. 2011-093
TARIFF OF RATES - COLLISION TOWING
**shall include all administration, hook up or release fees**
Collision Tow to any Towing Company's Compound within
$350.00
the Township
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
* scene clean-up (up to 30 minutes)
* including use of flatbed or doll
Collision Tow to any destination at the vehicle owner's
$350.00 and
request outside of the Township
$3.00/kilometer
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
*use of flatbed or dolly
* scene clean-up up to 30 minutes)
Storage (outside )_per day
$60.00
Storage indoor per day
$75.00
Wait time after one hour
$60.00/hour
Scene clean-up (after 30 minutes
$35.00/half hour
Off road recovery
$150.00
*vehicle must be no less than ten (10) feet from the edge
of the road way to be considered off road recovery
*includes winching
Roll over recovery into towing position (including
$250.00
winching)
Second Tow Truck required to assist
$90.00/hour
**All non-collision towing fees to be charged are as per the written
Statement of Rates and Charges for all services provided by the Towing
Company and filed with the Licensing Officer**
Page 33 of 35
SCHEDULE 6 To By-Law No. 2011-093
TOWING AUTHORIZATION FORM
In Accordance with Township of Oro-Medonte By-Law No. 2011-093, the
owner/operator of the vehicle to be towed from the collision scene, or a Police
Officer in the absence of the owner/operator, and the licensed Tow Truck Driver
MUST BOTH SIGN THIS FORM before the commencement of the tow and
distribute:
White - Owner/Operator Pink - Tow Truck Driver Yellow - Police
This Towing Authorization Form is strictly for towing and in no way approval to
initiate repairs to the vehicle.
1. Completed by vehicle owner/operator/driver:
I, , have authorized
the said named Tow Truck Driver to tow my vehicle bearing License Plate
Number to the location of
at the inclusive Collision Tow Rate shown to
me as set out in Township of Oro-Medonte By-Law No. 2011-093.
Collision Tow Charge: $
Other Charges (if applicable): Amount:
2. Completed by the Tow Truck Driver
Date Company
Driver's Name Municipal License Number
Collision Location Compound Location or
Requested Location
In the event that the vehicle cannot be towed directly to the location of the vehicle
owner/operator/driver's choice, the Tow Truck Driver must disclose in advance
any additional charges as set out in the Tariff of Fees filed with the Township.
3. Permission to Tow - must be signed by all parties
Signature - Vehicle owner/operator/driver Date
Signature - Tow Truck Driver Signature - Police Officer
If you have any concerns or questions, please contact:
Township of Oro-Medonte - Licensing Officer
148 Line 7 South, Oro, ON LOL 2X0
(705) 487-2171
Page 34 of 35
SCHEDULE 7 To By-Law No. 2011-093
OCCUPATIONAL HEALTH AND SAFETY
STATUTORY DECLARATION FORM
In submitting this Proposal, I/We,
on behalf of
(Legal name of company) certify the following:
a) I/We have a health and safety policy and will maintain a program to implement such
policy as required by clause 25(2)(j) the Occupational Health and Safety Act, R.S.O.
1990, c.0.1, as amended, (the "OHSA"
With respect to the services being offered in this Application, Vwe and our proposed
subcontractors, acknowledge the responsibility to, and shall:
(i) fulfill all of the "employer" obligations under the OHSA and ensure that all
work is carried out in accordance with the OHSA and its regulations;
(ii) ensure that adequate and competent supervision is provided as per the
OHSA to protect the health and safety of workers; and
(iii) provide information and instruction to all employees to ensure they are
informed of the hazards inherent in the work and understand the procedures
for minimizing the risk of injury or illness.
c) I/We agree to take every precaution reasonable in the circumstances for the
protection of worker health and safety, as required under the OHSA.
Dated at
,20 .
(Authorized signing officer for the Proponent)
(Title)
(Telephone Number)
Witness - Township Staff
this day of
Page 35 of 35