2012-143 Towing By-LawTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -143
Being a By -Law to License and Regulate Towing Companies, Tow Truck
Owners and Tow Truck Drivers ( "Towing By- Law ")
and to Repeal By -law No. 2011 -093
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;
AND WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides for Licenses;
AND WHEREAS Section 151 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;
AND WHEREAS Section 155 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 wishing to operate within the Township of Oro - Medonte.
NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte
enacts as follows:
1. 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, and 6 attached hereto and forming part of
this By -Law.
2. That this By -Law may be cited as the "Towing By- Law ".
3. That By -law No. 2011 -093 is hereby repealed in its entirety.
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
15TH DAY OF AUGUST, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
APPENDIX "A" INDEX
SECTION
DEFINITIONS.............................................................................. ..............................1
PURPOSE................................................................................... ..............................2
GENERAL REGULATIONS ........................................................ ..............................3
—� EXEMPTIONS ........................................................................ ..............................4
INCOMPLETE APPLICATIONS .................................................. ..............................5
LICENSES................................................................................... ..............................6
LICENSE FEES AND INSPECTIONS ........................................ ..............................7
LicenseFees ................................................................... ............................7.1
Inspections...................................................................... ............................7.2
LICENSE REGISTRY /ROTATIONAL CALL LIST ....................... ..............................8
TOWINGCOMPANY .................................................................. ..............................9
Application for a License - Towing Company .................. ............................9.1
HeavyTowing .................................................................. ............................9.2
Posting of License - Towing Company ............................ ............................9.3
Duties- Towing Company ............................................... ............................9.4
Changeof Ownership ...................................................... ............................9.5
Change of Premises or Location ..................................... ............................9.6
Prohibitions - Towing Company ....................................... ............................9.7
TOWTRUCKS ....................................................................... .............................10
Application for a License - Tow Truck ............................ ...........................10.1
Posting of License — Tow Truck ...... ............................... ...........................10.2
Duties - Tow Truck Owner ............... ............................... ...........................10.3
Prohibitions - Tow Truck Owner ...... ............................... ...........................10.4
TOWTRUCK DRIVER ............................................................... .............................11
Application for a License - Tow Truck Driver .................. ...........................11.1
Posting of License — Tow Truck Driver ........................... ...........................11.2
Tow Truck Driver Trainees .............. ............................... ...........................11.3
Duties - Tow Truck Driver ................ ............................... ...........................11.4
Prohibitions - Tow Truck Driver ... ............................... ...........................11.5
LICENSINGOFFICER ............................................................... .............................12
Duties - Licensing Officer ................ ............................... ...........................12.1
LICENSE— REFUSAL ............................................................... .............................13
LICENSE — SUSPENSION ........................................................ .............................14
LICENSE — REVOCATION ........................................................ .............................15
DECISION OF LICENSING OFFICER ....................................... .............................16
APPEAL OF DECISION OF LICENSING OFFICER .................. .............................17
HEARINGOF APPEAL .............................................................. .............................18
ENFORCEMENT........................................................................ .............................19
SCOPEAND AUTHORITY ........................................................ .............................20
SEVERABILITY..................................................................... .............................21
Page 2 of 36
SCHEDULE 1 - TARIFF OF RATES — COLLISION TOWING
SCHEDULE 2 - LICENSE FEES
SCHEDULE 3 - TOWING COMPANY - APPLICATION
SCHEDULE 4 - OCCUPATIONAL HEALTH AND SAFETY STATUTORY
DECLARATION FORM
—� SCHEDULE 5 — TOW TRUCK - APPLICATION
SCHEDULE 6 — TOW TRUCK DRIVER - APPLICATION
Page 3 of 36
APPENDIX "A"
To By -Law No. 2012 -143
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 yet to be 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), and shall include a Vehicle.
Business: means any business wholly or partly carried on within the Township
even if the business is being carried on from a location outside the
Township 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.
Clerk: means the Clerk of the Township and /or their designate.
Collision: means when a vehicle has been involved in a crash, whether by itself or
with another vehicle or object, and includes when a vehicle has rolled
over, and in all such cases, the vehicle has incurred damage or appears
to have incurred damage and /or has been disabled by fire.
Collision means the general location where a collision has occurred and includes
Scene: a two hundred (200) metres radius of the location of the collision.
Collision means the towing of a disabled vehicle as the result of a collision.
towing:
Compound: means a Motor Vehicle Storage Yard as defined in the Township's
Zoning By -law No. 97 -95, as amended.
Council: means the Council for The Corporation of the Township of Oro -
Medonte.
Detachment means the Detachment Commander, Ontario Provincial Police, Barrie
Commander: Detachment.
Hirer: means a person and /or owner of a vehicle, requiring towing services
and who authorizes the service to occur by completing an itemized
invoice.
Heavy means any vehicle or combination of vehicles with a gross vehicle
Towing: weight of a minimum 15,000 kilograms (33,000 pounds) or greater.
Licensing means the Clerk of the Township.
Officer:
License: means a License issued pursuant to this By -Law.
Licensee: means a person or company who has been issued, and holds, a valid
current License pursuant to this By -Law.
Maintain: means to keep in a particular condition or to preserve.
May: means discretionary and not mandatory.
Page 4 of 36
Ministry of means a designated officer appointed by the Minister of Transportation.
Transportation
Enforcement
Officer:
Municipal Law means a person duly appointed by the Township for enforcing the
Enforcement provisions of this By -law.
Officer:
Non - Collision means the towing of a vehicle as a result of mechanical failure, an
Towing: impairment, a police seizure, a vehicle fire not involving a collision, or
other similar cause, and if the presence of an officer at the scene of a
tow does not define or classify the towing as Collision Towing.
Nuisance: means any activity or action which disturbs or is likely to disturb any
individual.
Off road means when a vehicle has left the roadway, and is no less than ten (10)
recovery: feet from the edge of the roadway, but shall exclude parking lots and
other areas that are intended for vehicles to travel upon and /or park.
Office: means an enclosed structure or space where business is carried on.
Officer: means a Municipal Law Enforcement Officer, a Provincial Offences
Officer, a Police Officer, a Peace Officer, a Ministry of Transportation
Enforcement Officer, or any other individual authorized to enforce the
provisions of this By -law.
Operate: means to conduct or carry on.
Owner: means the registered owner(s) of the land, premises or business and /or
vehicle /equipment, or the person or their authorized agent in lawful
control of the lands, premises or business and /or vehicle /equipment.
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, and 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 rates set out in the Tariff of Rates attached as a Schedule to
this By -Law, which. shall be reviewed periodically by the Licensing
Officer - and /or the Statement of Rates and Charges provided by the
Towing Company to the Licensing Officer.
Roll over: means when a vehicle has flipped over and is resting completely upside
down, typically on its roof.
Page 5 of 36
Rotational Call means a list, administered by the Township, which identifies all Towing
List: Companies, which hold valid current licenses issued pursuant to this By-
law.
Shall: means mandatory and not discretionary.
Solicit: means when a person attempts to obtain business by offering their
services without an individual willing seeking such services on their own
accord.
Tow: means to move, winch, hook, lift, remove or convey, by means of a Tow
Truck, a vehicle whether or not such vehicle is intact or in an inoperable
condition. 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 means a business which provides services typically received by a Tow
Company: Truck Driver.
Tow Truck: means a motor vehicle, with a gross vehicle weight rating of at least
4,536 kilograms (10,000 pounds), 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 means the person responsible for the care and operation of the Tow
Driver: Truck and services related thereto and includes a Tow Truck Owner.
Tow Truck means a Tow Truck Driver as defined in this By -law.
Owner:
Vehicle: means an Automobile as defined in this By -law.
2. PURPOSE
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
tow truck 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 vehicle passengers, drivers and owners.
c) To protect the property of vehicle passengers, drivers and owners, to ensure
competence of tow truck owners and drivers in providing Tow Truck services.
d) To promote accountability, to ensure consistency in the Application of rates
charged, to support proper and good practices for the purpose of nuisance control.
e) 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 vehicle passengers, drivers, owners
and the general public.
Page 6 of 36
3. GENERAL REGULATIONS
a) Every Towing Company, Tow Truck Owner and Tow Truck Driver wishing to
operate within the geographical boundaries of the Township of Oro - Medonte shall
obtain the appropriate License pursuant to the provisions of the By -law prior to
operating within the Township.
b) No person shall be Licensed pursuant to this By -law, unless they are at least
eighteen (18) years of age, a citizen of Canada or a landed immigrant, or hold a
--� valid employment authorization issued by the Government of Canada to work as a
driver or owner, and have a working knowledge of English.
C) No person shall publish, or cause to be published, any representation that they are
Licensed pursuant to the provisions of this By -Law if they have not been issued a
License pursuant to this By -law.
d) Any person required to obtain a License pursuant to this By -Law, shall apply, in
writing, on the appropriate Application as set out in the Schedules of this By -law.
e) There shall be a separate Application for each Towing Company, Tow Truck and
Tow Truck Driver to be Licensed.
f) No Tow Truck or Tow Truck Driver shall be licensed until such time as the
respective Towing Company is licensed pursuant to this By -law.
g) 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.
h) Any License issued pursuant to the provisions of the By -law may be subject to such
terms and conditions as the Licensing Officer may prescribe.
i) Except as may otherwise be specified in this By -Law, every License issued
pursuant to this By -law shall expire on the first day of the month, one year after
issuance.
4. 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) An unlicensed Tow Truck Driver is exempt from the Licensing requirements of this
By -law if such Tow Truck Driver is based outside the licensing boundary of the
Township and they are actively engaged in towing a vehicle were such tow has
originated from outside the geographical boundaries of the Township.
c) In the event that a situation develops that requires specialized towing equipment
that is not available through the Licensed Towing Company that has been
dispatched, then the closest available Licensed Towing Company with the
required specialized equipment may be called. If no Licensed Towing Company
has the required specialized towing equipment, then the Towing Company that
has been dispatched, may call for the required specialized equipment from an
unlicensed Towing Company, and the unlicensed Towing Company's employees
shall be exempt from the requirements of this By -Law for the duration of the call
for service, and the Licensed Towing Company that has been dispatched must
immediately advise a Municipal Law Enforcement Officer.
Page 7 of 36
d) In the event that a Police Officer and /or an Investigating Officer requires 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 Towing
Company and its employees shall be exempt from the requirements of this By-
Law for the duration of the call for service.
e) In the event that a Police Officer and /or an Investigating Officer requires Tow
Truck services to be provided from a Towing Company that can offer specialized
services required by the Police Officer and /or Investigating Officer, the necessary
Towing Company may be called and the Towing Company and its employees
shall be exempt from the requirements of this By -Law for the duration of the call
for service.
f) Where there is a matter of public concern or public safety, the Hirer may be
asked to select a Licensed Towing Company from the Rotational Call List, or if
the Hirer is unable to do so, or the Officer determines that the vehicle must be
moved immediately, the Officer shall determine the manner in which to have the
vehicle moved immediately.
g) Where there are no matters of public concern or public safety, the Hirer shall be
asked to select a Licensed Towing Company from the Rotational Call List, or if
the Hirer is unable to do so, the Officer shall have the next Towing Company
dispatched from the Rotational Call List.
5. INCOMPLETE APPLICATIONS
a) Incomplete Applications shall not be deemed to have been received. The
Applicant shall have up to fifteen (15) calendar days to submit any missing
information in relation to their Application. If after fifteen (15) calendar days, the
Application is still incomplete, the entire Application package shall be returned to
the Applicant, except for any License Fees which may have been paid.
6. LICENSES
a) Licenses are not to be deemed personal.
b) 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.
c) A Towing Company License issued pursuant to this By -law is not transferable.
d) A Tow Truck License issued pursuant to this By -law may be transferred, as outlined
in the Application for a License - Tow Truck section.
e) A Tow Truck Driver's License issued pursuant to this By -law is not transferrable.
7. LICENSE FEES AND INSPECTIONS
7.1 License Fees
!� a) License Fees, as set out in Schedule 2 of this By -Law, are to be paid prior to the
issuance of a License.
b) Once any License Fee is submitted to the Licensing Officer, the License Fee shall
not be reimbursed in whole or in part.
Page 8 of 36
c) The Replacement License Fees, as set out in Schedule 2, shall apply to the
following:
i) In the event that a License issued pursuant to this By -Law is lost or
destroyed, the Licensing Officer, upon satisfactory proof of such loss or
destruction, and upon payment of the applicable Replacement License Fee,
the Licensing Officer shall issue a Replacement License. The Replacement
License shall expire on the same date as the original License.
ii) Where the operating name of a business changes, but the ownership of a
business is not changed, the Licensee shall immediately notify the Licensing
Officer, and upon payment of the applicable Replacement License Fee and
being satisfied that there have been no other changes in the circumstances
of the Licensed business, the Licensing Officer shall issue a Replacement
License. The Licensee shall return and surrender all currently issued
License(s) in order to affect such a change. The Replacement License shall
expire on the same date as the original License.
iii) In the event that a Tow Truck Licensed under this By -Law is removed from
the Towing Company's fleet, the Tow Truck License may be transferred to
the replacement Tow Truck upon submission of a Tow Truck Application
and payment of the applicable Tow Truck Transfer Fee. The Replacement
License shall expire on the same date as the original License.
7.2 Inspections
a) An 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) In the event that a Towing Company or Tow Truck do not meet all of the
requirements stipulated in this By -law at the time of an Inspection, the Towing
Company or Tow Truck shall be deemed to have failed the Inspection, and an
Additional Inspection shall be required prior to further consideration of issuance of
the requested License. All fees associated with the Additional Inspection shall be
the responsibility of the Applicant.
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.
8. LICENSE REGISTRY /ROTATIONAL CALL LIST
a) The Licensing Officer shall maintain a License Registry. The License Registry shall
contain the following information:
• Tow Company Name
• Tow Company License Number
• Tow Company Telephone Number
• Tow Company Compound Location
• Tow Truck Identification, including whether the Truck is a Flatbed
,-� • Tow Truck License Number
• Tow Truck Drivers who have been licensed
• Any other information which may be useful or necessary.
A copy of the most current License Registry shall be provided to the Ontario
Provincial Police Barrie Detachment upon request.
Page 9 of 36
b) The Licensing Officer shall maintain a Rotational Call List. The Rotational Call List
shall identify Licensed Towing Companies, including Heavy Towing, and shall
contain the following information:
• Tow Company Name
• Tow Company Telephone Number
• Tow Company Compound Location
• Whether the Tow Company has a Flatbed
• The date on which the Rotational Call List was updated.
c) Licensed Tow Companies that have been granted an exemption, by Council, to
permit the Tow Company to respond to customer requests within the geographical
boundaries of the Township, shall not be included on the Rotational Call List.
d) The Township shall provide Dispatch Service for Licensed Tow Companies, on the
Rotational Call List, through a third party. The Dispatch Service shall utilize the
Rotational Call List to dispatch requests for towing services, on a rotating basis, to
each licensed Towing Company. If a Towing Company declines a call for service,
or the Dispatch Service is unable to reach the Towing Company, either by not
having their call answered or the telephone line being busy, the Towing Company
will be deemed to have declined the call for service and the next Tow Company on
the Rotational Call List shall be contacted.
e) Upon every update of the Rotational Call List, the Township shall provide an
updated Rotational Call List to the Dispatch Service and the Detachment
Commander.
f) On a quarterly basis, the Township shall invoice all Licensed Tow Companies who
have been on the Rotational Call List, for at least two (2) weeks during the time
period being invoiced, for all costs incurred by the Township for providing the
Dispatch Service. The total costs incurred by the Township shall be equally
invoiced to the Tow Companies, and copies of the invoices from the Dispatch
Service shall be included with the Township's invoices to each Towing Company.
g) In accordance with the Township's policy with respect to Township Use of Towing
Services, all individuals utilizing Township vehicles /equipment who require Towing
Services shall call the Dispatch Service to have a Licensed Towing Company
dispatched for service.
9. TOWING COMPANY
9.1 Application for a License - Towing Company
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 fees as set out in Schedule 2 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.
Page 10 of 36
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 coverages shall be given, in writing, to
the Township.
d) Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax
(HST) registration.
e) 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.
f) A completed Occupational Health and Safety Statutory Declaration Form as set out
as Schedule 4 of this By -Law.
g) Proof of Corporate Ownership.
h) If the Applicant is a corporation, a copy of the incorporating document shall be
provided.
i) If the Applicant is a registered partnership, a copy of the registered declaration of
partnership shall be provided.
j) A Criminal Record Check obtained from a Police enforcement agency, dated within
30 days of the date which the Application is deemed to be complete by the
Township for each owner of the Towing Company.
k) A Vulnerable Sectors Check obtained from a Police enforcement agency, dated
within 30 days of the date which the Application is deemed to be complete by the
Township, for each owner of the Towing Company.
1) Proof of securement of a Compound, with a separate Office on the same property
as the Compound, within the Township boundaries, and in compliance with the
Township's Zoning By -Law, as amended.
Such Compound shall:
• Either be a fully fenced area with overhead lighting which shall remain on
during the dark hours and shall be consistent throughout the fenced area.
Such fencing shall be no less than 1.5 metres in height, and shall be in
compliance with the Township's Zoning By -law, as amended; or
• A secured area inside a building.
• Be accessible on a twenty -four (24) hour basis, with restricted access for
pedestrians.
• Have a separate access from any other residential or commercial operation
on the property.
Page 11 of 36
Such Office shall:
• Not be shared with any other business
• Have a desk and a minimum of two (2) chairs
• Be accessible twenty -four (24) hours a day, seven (7) days a week
• Have a dedicated telephone number
Upon approval by the Township, a mobile unit may be utilized as an Office, and
if such mobile unit is approved, it shall be located within the Compound.
m) Proof of a sign, in compliance with the Township's Sign By -law, which advertises
the Towing Company, including the telephone number, clearly visible from the
roadway, and located on the property where the Compound is situated.
n) A list of Tow Truck Drivers who will drive Tow Trucks on behalf of the Towing
Company.
o) Any other required inspections, approvals or documents as required by the
Licensing Officer.
9.2 Heavy Towing
9.2.1 A Towing Company shall be deemed to be a Heavy Towing Company if the Towing
Company:
a) Owns or has immediate access to, and has the 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 has the 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 Heavy Tow Truck for safety inspection annually or as otherwise
required by the Licensing Officer, an Officer, or other duly appointed individual
under the provisions of the Highway Traffic Act, as necessary.
9.2.2 In addition to the Towing Company documentation required. a Heavy Towing
Company 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 9.2.1 a), b), d), e) and f) of
this By -Law, if applicable.
Page 12 of 36
9.2.3 A Heavy Towing Company shall be permitted to operate a Compound outside of
the Township boundaries upon:
a) Approval by the Council of the Township.
b) Inspection of the Compound by the Licensing Officer or designate, to ensure that
the Compound meets all other requirements of this By -law.
9.2.4 A Heavy Towing Company shall be permitted to allow as many employees, of the
Towing Company, as required, to complete the towing in a safe and timely manner,
which shall include being permitted to travel to the scene in the Heavy Towing Tow
Truck(s).
9.3 Posting of License - Towing Company
a) The Towing Company License issued pursuant to this By -law, shall be prominently
and conspicuously posted at the entrance of the Licensed Compound and /or Office.
9.4 Duties - Towing Company
A Towing Company:
a) Shall provide and maintain a suitable Office for the purpose of administration of the
Towing Company.
b) Shall 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
Tow Truck Driver Licensed pursuant to this By -Law.
c) Shall submit updated insurance documentation to the Licensing Officer, when the
insurance policy renews or is altered, throughout the period of time that a License
issued pursuant to this By -law is valid and current.
d) Shall ensure that the Tow Truck Driver operating on their behalf charge the rates
for services permitted by the provisions of this By -Law.
e) Shall 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.
f) Shall ensure that the Tow Truck Driver operating on their behalf keeps an orderly
record of all calls answered by Tow Trucks owned by them.
g) Shall use only stationery, forms, bills, itemized 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.
h) Shall make all facilities and /or equipment available for inspection at any time
requested by an Officer.
i) Shall strictly control access to the Compound at all times.
j) Shall be entirely responsible for the repair of any damage to any impounded vehicle
n
caused during the impoundment period.
k) Shall make available more than one (1) method of payment.
I) Shall ensure any and all complaints are provided, in writing, to the attention of the
Municipal Law Enforcement Officer and /or the Licensing Officer.
m) Shall ensure prompt payment of the quarterly Dispatch Invoices to the Township.
n) Shall file any changes in the Statement of Rates and Charges with the Licensing
Officer a minimum of 10 (ten) business days prior to the new Statement of Rates
and Charges taking effect.
Page 13 of 36
o) Shall ensure due performance and observance of all the provisions of this By -Law
by themselves and by their Tow Truck Drivers and other employees, and all other
persons in or upon the premise which is Licensed under the provisions of this By-
Law.
P) Shall ensure that every Tow Truck Driver shall be familiar with the provisions of this
By -Law, the laws and regulations relating to traffic and the geography of the
Township.
q) Shall accept full responsibility for the acts and omissions of any Tow Truck Driver or
other employee to the extent that any such acts or omissions do not comply with
the provisions of this By -Law.
9.5 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 pursuant to the provisions of this By -Law.
9.6 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.
9.7 Prohibitions - Towing Company
a) No person shall operate or permit to operate a Towing Company unless such
Towing Company has been Licensed pursuant to the provisions of this By -law.
b) No person shall permit any Tow Truck or Tow Truck Driver to respond to calls
dispatched through the Rotational Call List unless such Tow Truck and Tow Truck
Driver are Licensed pursuant to this By -Law.
c) No person shall permit any Tow Truck Driver to operate any Tow Truck, within the
geographical boundaries of the Township, unless such Tow Truck and Tow Truck
Driver are Licensed pursuant to this By -Law, unless otherwise exempt under the
provisions of this By -law.
d) No person shall act, or permit a person 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.
e) No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By -law. Any person who is
alleged to have contravened any of the provisions of this By -law shall identify
themselves to the Officer upon request, failure to do so shall be deemed to have
obstructed or hindered the Officer in the execution of their duties. Any person
who contravenes any of the provisions of this By -law may be charged with an
offence and upon conviction shall be liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
f) No person shall make representation, in any form, that the Towing Company or
Tow Truck Driver has the endorsement of the Township, the Ontario Provincial
Police or any other Police Agency except with written permission from the
Township, the Ontario Provincial Police or any other Police Agency.
Page 14 of 36
10. TOW TRUCKS
10.1 Application for a License -Tow Truck
a) Any person or company who owns more than one Tow Truck, shall submit a
separate Application to license each Tow Truck that is to be operated within the
geographical boundaries of the Township.
10.1.2 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 5 of this By -Law.
b) Payment of the appropriate fee as set out in Schedule 2 of this By -Law.
c) The vehicle's make, model, year and Vehicle Identification Number.
d) A valid and current Motor Vehicle Permit issued by the Ministry of Transportation
and issued in the Applicant's name.
e) Proof of the Ontario License plate number as issued by the Ministry of
Transportation.
f) A valid and current Ministry of Transportation Annual Inspection Certificate issued
under the Highway Traffic Act.
g) 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
Tow Truck to be Licensed.
h) If a Tow Truck is a leased vehicle, the Applicant shall provide a copy of the lease
agreement for each leased Tow Truck to be Licensed.
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) Proof of Certified Master Installer to demonstrate that the Tow Truck complies with
Transport Canada Regulations for the Towing of Vehicles.
1) 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.
m) 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.
n) 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 having 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.
Page 15 of 36
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.
o) A Tow Truck License may be transferred by the Licensing Officer for a 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 and fees required
under this By -Law. The Tow Truck Transfer License shall expire on the same date
as the Tow Truck License issued for the vehicle which has been removed from
service.
p) Any other required inspections, approvals or documents as required by the
Licensing Officer.
10.2 Posting of License — Tow Truck
a) A Tow Truck License issued pursuant to this By -Law shall be affixed in the rear
window, in a visible location, on the Tow Truck for which it is issued, at all times.
10.3 Duties - Tow Truck Owner
A Tow Truck Owner:
a) Shall maintain the interior and exterior in good repair and keep the Tow Truck in a
clean and sanitary condition at all times.
b) Shall provide telephone and radio dispatching equipment in proper working
condition.
c) Shall permit to be operated only a Tow Truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 Ibs.).
d) Shall 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.
e) Shall submit such Tow Truck for safety inspection annually or as otherwise required
by the Licensing Officer, Officer, or other duly appointed individual under the
provisions of the Highway Traffic Act as necessary, and such valid and current
Annual Inspection Certificate issued pursuant to the Highway Traffic Act shall be
filed with the Licensing Officer throughout the period of time that a License issued
pursuant to this By -law is valid and current.
f) Shall submit updated insurance documentation to the Licensing Officer, when the
insurance policy renews or is altered, throughout the period of time that a License
issued pursuant to this By -law is valid and current.
g) Shall have attached to, or painted, on both sides of the body of the Tow Truck in
letters and figures not less than eight centimetres (approximately three inches) in
height, the name of the Licensed Towing Company and telephone number. Where
a Towing Company owns more than one Tow Truck, a number identifying each
Tow Truck.
h) Shall only use the service of a Tow Truck Driver who is Licensed as a driver
pursuant to this By -Law.
Page 16 of 36
i) Shall give written notice of the sale or other disposition of a Licensed Tow Truck to
the Licensing Officer within seven (7) days of any such sale or disposition.
j) Shall advise the Licensing Officer, within ten (10) days, of any change in any
License plate number issued by the Ministry of Transportation to a Tow Truck
Licensed by the Township pursuant to either this or any other By -Law.
k) Shall ensure the required equipment is on all Tow Trucks at all times.
,� I) Shall ensure due performance and observance of all the provisions of this By -Law
by themselves and by their Tow Truck Drivers and other employees, and all other
persons in or upon the premise which is Licensed under the provisions of this By-
Law.
m) Shall ensure that every Tow Truck Driver shall be familiar with the provisions of this
By -Law, the laws and regulations relating to traffic and the geography of the
Township.
n) Shall accept full responsibility for the acts and omissions of any Tow Truck Driver or
other employee to the extent that any such acts or omissions do not comply with
the provisions of this By -Law.
10.4 Prohibitions - Tow Truck Owner
a) No person shall use or permit the use of any vehicle as a Tow Truck unless such
vehicle has been Licensed pursuant to the provisions of this By -Law.
b) No person shall remove and affix an issued Tow Truck License to any Tow Truck,
other than the Tow Truck for which the License has been issued.
c) No person shall operate 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.
d) No person shall use or permit to be used, a Tow Truck which has been found to be
unsafe or defective after examination and inspection as required pursuant to this
By -Law.
e) No person shall cause or permit any nuisance to arise in, on, or in connection with
the vehicle or activity for which the License has been issued.
f) No person shall operate or allowing to operate a Tow Truck that exceeds the
manufacturer's gross vehicle axle rating (G.V.A.R.).
11. TOW TRUCK DRIVER
11.1 Application for a License - Tow Truck Driver
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 6 of this By -Law.
b) Payment of the appropriate fee as set out in Schedule 2 of this By -Law.
c) The Applicant's original Ontario Driver's License with a minimum Class G
designation, with no driving restrictions, save and expect the use of corrective
lenses.
d) An Ontario Driver's License abstract obtained from the Ministry of Transportation
and dated within 30 days of the date which the Application is deemed to be
complete by the Township.
Page 17 of 36
e) A Criminal Record Check obtained from a Police enforcement agency and dated
within 30 days of the date which the Application is deemed to be complete by the
Township.
f) A Vulnerable Sectors Check obtained from a Police enforcement agency, dated
within 30 days of the date which the Application is deemed to be complete by the
Township.
g) Written 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.
h) Written 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 named on the Tow Truck Company's
Insurance Policy as an Insured Driver.
i) A statement, in writing, advising if the Applicant has 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. If the Applicant has a pecuniary interest, a written statement providing 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 shall be filed with the Licensing Officer at
the time of the Application.
j) Any other documents as required by the Licensing Officer.
11.2 Posting of License —Tow Truck Driver
a) The Photo Identification Card known as the Tow Truck Driver License is required to
be shown by the Tow Truck Driver to the Hirer, Licensing Officer, or an Officer upon
request, and shall be placed in the Tow Truck which they are driving, in such a
manner as to be conveniently seen and read by passengers.
11.3 Tow Truck Driver Trainees
a) Where an Application for a Tow Truck Driver's License has been submitted to the
Licensing Officer, and where the Applicant for such Tow Truck Driver's License will
be receiving instructions on Tow Truck Driver training from a Licensed Tow Truck
Driver, the Licensing Officer may issue a Tow Truck Driver Trainee License which
shall expire thirty (30) days from the date of the Application. In addition to the
required documentation for a Tow Truck Driver Application, a written letter, from the
Towing Company owner, shall be submitted advising that the individual is in
training.
b) Where a person who is permitted to be a passenger pursuant to this By -Law is
receiving instructions on Tow Truck 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 Tow Truck Driver's License was approved by the
Licensing Officer;
ii) Permitted more than one such thirty -day training session regardless of the
number of Applications for a Tow Truck Driver's License the Applicant may
have made to the Licensing Officer;
iii) A nuisance, or hindrance and such passenger shall not create a disturbance
while in the process of receiving such training;
iv) Operating a Tow Truck without the accompaniment of a Licensed Tow Truck
Driver.
Page 18 of 36
c) Upon completion of the training instruction, and no later than thirty (30) days after
the approval of the Tow Truck Driver Trainee License, the Applicant shall submit a
written letter from the Towing Company owner advising that the training has been
completed. Upon receipt of said letter, the Licensing Officer shall issue a Tow
Truck Driver License, which shall expire on the first day of the month twelve months
from the date of the approval of the Tow Truck Driver Trainee License.
11.4 Duties - Tow Truck Driver
A Tow Truck Driver:
a) Shall not stop, or park within a Collision Scene. This provision does not apply
where the Tow Truck Driver has been summoned to the Collision Scene by a
dispatched call through the Rotational Call List, or a Hirer, an 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.
b) Shall maintain the interior and exterior in good repair and keep the Tow Truck in a
clean and sanitary condition at all times.
c) Shall comply with all reasonable instructions from the Hirer.
d) Shall take due care of all vehicles and property delivered or entrusted to them for
towing.
e) Shall be civil and behave courteously.
f) Shall retain all itemized invoices showing date, time, service starting location,
destination, finishing kilometers at the destination, Tow Truck Vehicle License
number and the name of the vehicle driver /Hirer, type of service provided and
remuneration collected for a minimum period of 12 months from the tow date
indicated on the itemized invoices and shall make the itemized invoices available
for inspection upon request by an Officer at any reasonable time and the Officer
may receive copies of any itemized invoice upon request.
g) Shall, where the Hirer refuses to sign the itemized invoice, the driver must indicate
such on the form and retain this form for a minimum period of 12 months from the
tow date indicated on the itemized invoice and shall make the itemized invoices
available for inspection upon request by an Officer.
h) Shall, before demanding payment for services, present to the Hirer an itemized
invoice for the services setting out the cost of all services and equipment provided
or to be provided on the basis of the rates set out in the Tariff of Rates as identified
in Schedule 1 of this By -Law and /or as submitted to the Licensing Officer.
i) Shall keep in the Tow Truck and show to the Hirer a copy of a tariff card showing
the collision rates, as per Schedule 1 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.
j) Shall operate only a Tow Truck with a gross vehicle weight rating of at least 4,536
kg (10,000 Ibs.).
Page 19 of 36
/�
k) Shall operate only a Tow Truck which has all of the following equipment in a good
state of repair:
i) A winching 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 -13 C, and weighing at least 2.27 kg (approximately 5
Ibs.).
v) A minimum of two tow safety chains having a minimum length of 2.74
metres (approximately 9 feet) each with links of at least 7.94 millimeters
steel (5/16 inches).
vi) Two (2) 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 block.
xii) Flares or reflector kits.
xiii) 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 maybe required under the Highway Traffic Act.
xviii) Any equipment the Tow Truck Driver deems necessary and appropriate.
I) Shall produce trip records upon the request of any Officer.
m) Shall 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.
n) Shall drive the Tow Truck, which is towing or otherwise conveying a vehicle, to the
Towing Company's Licensed Compound by the most direct route unless the Hirer
requests that the vehicle be delivered elsewhere.
o) Shall take due care of all property delivered or entrusted to them and accepted by
them for conveyance or safekeeping.
p) Shall, 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.
Page 20 of 36
q) Shall 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 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.
r) Shall, 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.
s) Shall provide a full recovery service for any and all loads dumped at a Collision
Scene in accordance with any applicable legislation.
t) Shall provide the Hirer, after providing proof of ownership of the vehicle, the
opportunity to remove any personal property left in the vehicle and shall document
those items on the itemized invoice.
u) Shall immediately surrender the Tow Truck Driver License issued pursuant to this
By -law, when the Driver ceases to work for the Towing Company noted on the
Tow Truck Driver License.
v) Shall immediately make Application for a Tow Truck Driver License when the
Driver commences work for a Towing Company licensed pursuant to this By -law.
11.5 Prohibitions - Tow Truck Driver
a) No person shall act or rovide service as a Tow Truck Driver unless such
p person
has been Licensed pursuant to the provisions of this By -law.
b) No person shall use any vehicle as a Tow Truck unless such vehicle has been
Licensed pursuant to the provisions of this By -Law.
i
c) No person shall remove and affix an issued Tow Truck License to any Tow Truck,
other than the Tow Truck for which the License has been issued.
d) No person shall provide any service or operate as a Tow Truck Driver for any
Towing Company which is not Licensed pursuant to the provisions of this By-
Law.
e) No person shall connect a vehicle to a Tow Truck or commence to tow a vehicle,
or perform any other services unless first requested to do so by a Hirer, an
Officer, or any person authorized by law to direct the removal of the vehicle from
private or public property.
f) No person shall connect a vehicle to a Tow Truck or commence to tow a vehicle,
unless the Tow Truck Driver has completed an itemized invoice, provided the
dated itemized invoice to the Hirer, and the Hirer has signed itemized invoice and
the Tow Truck Driver has provided a copy of the completed itemized invoice to
the Hirer.
g) No person shall tow any vehicle outside of the geographical boundaries of the
Township unless directed by the vehicle driver /Hirer, an Officer, or member of the
Municipal Fire Department.
h) No person shall alter an itemized invoice.
i) No person shall charge any fare or rate for a Collision Tow which is contrary to
those stipulated in this By -Law.
j) No person shall demand or request payment for their Non - Collision services other
than in accordance with the written Statement of Rates and Charges submitted to
the Licensing Officer.
k) No person shall demand, request or receive a drop fee or administration fee.
1) No person shall stop, or park within a Collision Scene.
Page 21 of 36
M) No person shall remain at the scene of a tow after an Officer or member of a
Municipal Fire Department, at the scene, has requested that the Tow Truck
Driver leave the scene immediately.
n) No person shall solicit a Hirer or permit an agent to solicit a Hirer, at a Collision
Scene.
o) No person shall solicit a Hirer or permit an agent to solicit a Hirer to obtain any
business.
p) No person shall induce 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.
q) No person shall interfere with any contract for hiring of a Tow Truck where a person
has hired or has indicated their intention to hire a Tow Truck.
r) No person shall suggest or recommend to any Hirer that any vehicle in respect of
which their services are to be given or requested, be towed, 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.
s) No person shall charge a Hirer for time lost through defects or inefficiency of the
Tow Truck, or the incompetence of the Tow Truck Driver.
t) No person shall permit 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 Tow Truck
Driver is not to solicit a tow, engage in any form of towing or have their Tow
Truck within a Collision Scene.
iii) the passenger has been issued a Tow Truck Driver Trainee 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 this By -Law.
u) No person shall be a passenger in a Tow Truck who is receiving instructions on
Tow Truck Driver training prior to the issuance of a thirty (30) day Tow Truck Driver
Trainee License.
v) No person shall instruct, or permit to be instructed, a passenger on Tow Truck
Driver training prior to the issuance of a thirty (30) day Tow Truck Driver Trainee
License.
W) No person shall make any loud noise or disturbance, use any abusive language,
annoy or insult any person whatsoever.
x) No person shall obstruct the use of any sidewalk, except while actually engaged in
providing towing services to a vehicle.
Y) No person shall park, stop or otherwise stand the Tow Truck contrary to any
Township By -Law, except while actually engaged in providing towing services to a
vehicle.
z) No person shall smoke in a Tow Truck, in contravention of any Township By -Law
regarding smoking, or any other applicable legislation, whichever is the most
restrictive.
Page 22 of 36
aa) No person shall falsely represent themselves as an employee of the Ontario
Provincial Police, any other Police Agency, or the Township, in any manner.
bb) No person shall operate 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.
cc) No person shall cause or permit any nuisance to arise in, on, or in connection with
the vehicle or activity for which the License has been issued.
dd) No person shall operate or allow to operate a Tow Truck that exceeds the
manufacturer's gross vehicle axle rating (G.V.A.R.).
12. LICENSING OFFICER
12.1 Duties - Licensing Officer
a) The Licensing Officer shall not issue a License until such time as the Application is
deemed to be complete and:
i) all required approvals and inspections have been obtained by the Applicant;
ii) all required documentation has been provided to the Licensing Officer; and
iii) all appropriate License Fees have been paid in full.
b) Upon receipt of a complete Application for a License, the Licensing Officer may
make, cause to be made, or request, any additional documents, investigations or
inspections to be made in respect of such Application as the Licensing Officer
deems appropriate, or is in the interest of the general public. Any costs incurred for
such additional inspection(s) or document(s) shall be at the Applicant's expense,
pursuant to the Fees and Charges By -Law, if applicable.
c) Upon receipt of a complete Application, including required, documentation and the
appropriate fees being 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.
d) Where the Licensing Officer is satisfied that the Applicant is entitled to obtain a
License pursuant to the provisions of this By -Law, the Licensing Officer shall
prepare and issue a License to the said Applicant.
e) Any License issued pursuant to the provisions of this By -law may be subject to
such terms and conditions as the Licensing Officer may prescribe.
f) Where the Licensing Officer is not satisfied that the Applicant is entitled to obtain a
License pursuant to 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.
Page 23 of 36
13. LICENSE — REFUSAL
13.1 The Licensing Officer may refuse to grant or issue a License to any Applicant:
a) Who has breached this By -Law in the past.
b) Who 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) Who 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) Who has any outstanding Township invoices related to Licensed activities permitted
under this By -law.
e) Where the Applicant's 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.
f) Who has not paid the fees as set out in Schedule 2 of this By -Law.
g) Where the Licensing Officer believes it is in the public interest to do so.
h) Where the Licensing Officer has received three substantiated written complaints in
one licensing year regarding the Applicant.
i) Where the Applicant has demonstrated a repetitive failure to comply with the
requirements of this By -law within the past twelve (12) months.
13.2 When the Licensing Officer refuses to grant a License, the Applicant may appeal
the decision of the Licensing Officer to Council.
14. LICENSE — SUSPENSION
14.1 The Licensing Officer may suspend a License issued to any Licensee:
a) Who has breached this By -Law in the past.
b) Who 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) Who has any outstanding fines imposed under 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) Where there are outstanding quarterly Dispatch Invoices to be paid to the
Township.
e) Who 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.
Page 24 of 36
f) Where the Licensing Officer believes it is in the public interest to do so.
g) Where the Licensing Officer has received three substantiated complaints in one
licensing year regarding the Towing Company, Tow Truck Owner or Tow Truck
Driver.
h) Where any payments made by the Licensee have been returned to the Township
due to insufficient funds.
i) Where a Municipal Employee, Member of Council, Licensing Officer, or an Officer,
is subjected to a bribe or threat by a Tow Truck Driver, Tow Truck Owner or Tow
Truck Company Owner, a written complaint shall be provided to the Licensing
Officer, and the applicable Licenses shall be suspended pending the conclusion of
an investigation.
j) Any suspension of a License may be subject to such terms and conditions as the
Licensing Officer may prescribe.
k) When a License issued pursuant to this By -law is suspended, the Licensee shall
immediately surrender such License to the Licensing Officer,
I) Upon the satisfactory completion of all terms and conditions outlined by the
Licensing Officer, and the payment of all required fees, the Licensing Officer shall
issue Replacement Licenses for all suspended Licenses.
14.2 The decision of the Licensing Officer to suspend a License is final and binding, and
there is no right of Appeal.
15. LICENSE — REVOCATION
15.1 The Licensing Officer may revoke a License issued to any Licensee:
a) Who has breached this By -Law in the past.
b) Who 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) Who has any outstanding fines imposed under 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) Where the Licensing Officer, or an Officer finds that the Ontario Driver's License of
a person who is Licensed under this By -Law is suspended, prohibited or restricted
by way of a Court Order, Criminal Conviction or other registered conviction
pursuant to a Provincial Statute, the Tow Truck Driver shall immediately surrender
the applicable Licenses issued pursuant to this By -Law and such Licenses shall be
immediately revoked. There shall be no right of Appeal when Licenses have been
revoked pursuant to this Section.
e) Where the Licensing Officer believes it is in the public interest to do so
f) Where the Licensing Officer has received three substantiated complaints in one
licensing year regarding the Applicant.
g) Where the Licensee has demonstrated a repetitive failure to comply with the
requirements of this By -law within the past twelve (12) months.
Page 25 of 36
15.2 Any revocation of a License may be subject to such terms and conditions as the
Licensing Officer may prescribe.
15.3 When the Licensing Officer revokes a License, the Licensee may appeal the
decision of the Licensing Officer to Council, except as noted within this Section.
16. DECISION OF LICENSING OFFICER
16.1. 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 the Licensing Officer's decision to
refuse to grant, impose conditions, or revoke Licenses to Council by filing with the
Clerk an appeal, in writing, of the said decision within fifteen (15) business days of
the date of the Notice of Decision.
c) That if no appeal is received by the Clerk within fifteen (15) business days of the
date of the Notice of Decision, that the Applicant or Licensee shall not be entitled to
any further notice of proceedings.
16.2 Where the Clerk does not receive an appeal from an Applicant or Licensee 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 or Licensee, and
there shall be no refund of any fees paid.
17. APPEAL OF DECISION OF LICENSING OFFICER
17.1 Upon receipt of a written 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.
18. HEARING OF APPEAL
18.1 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.
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.
18.2 In considering whether or not to grant, refuse, revoke or impose conditions on a
License, Council 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.
Page 26 of 36
b) Whether or not the Applicant or Licensee has failed to promptly remedy any
reasonable concerns 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.
i� d) Whether or not the Applicant or Licensee has demonstrated a repetitive failure to
comply with the requirements of this By -law within the past twelve (12) months.
e) 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.
f) Whether or not the Applicant or Licensee has any outstanding Township invoices
related to Licensed activities permitted under this By -law.
g) 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.
18.3 Where an Applicant or Licensee has been referred to Council for a hearing and the
Applicant or Licensee does not attend before Council at the time and place of which
notice has been served upon such Applicant or Licensee, Council may hold a
hearing in the absence of the Applicant or Licensee or may decide to take no
further action with respect to the Application or Appeal, and no further notice is
required to be served upon the Applicant or Licensee.
18.4 Council may, after_ the appropriate hearing is conducted, grant a License, refuse to
grant a License, revoke a License, or impose conditions on a License, as Council
may prescribe and a decision made pursuant to the exercise of these powers is
final and binding upon the Applicant or Licensee.
18.5 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.
19. ENFORCEMENT
a) A Licensing Officer, an Officer, or other duly appointed individual shall enforce the
provisions of this By -Law.
20. 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.
21. 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.
Page 27 of 36
Schedule 1 to By -Law No. 2012 -143
TARIFF OF RATES — COLLISION TOWING
* *No more or no less than the Fees identified below shall be charged,
and such Fees shall include all administration, hook up or release fees **
Service
Fee
Collision Tow to any Towing Company's Compound within the
$ 350.00
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 truck or dolly
Collision Tow to any destination at the vehicle owner's request
$ 350.00
outside of the Township
and
*where the vehicle does not exceed 6000 pounds (3000 kg) in
$ 3.00 /kilometer
towing weight, including:
*use of flatbed truck 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 winching)
$ 250.00
Using a boom to winch off guard rail or guide wires
$ 75.00 /hour
maximum of two
(2) hours
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 28 of 36
Schedule 2 to By -Law No. 2012 -143
LICENSE FEES
Category
License Fee
Towing Company (each)
$ 300.00
The fee includes application and initial inspection fee
Replacement License - Company
$ 100.00
The fee includes re-inspection fee and new License
Tow Truck (each)
$ 200.00
The fee includes application and initial inspection fee
Replacement License - Truck
$ 100.00
The fee includes re- inspection fee and new License
Tow Truck Transfer (each)
$ 100.00
The fee includes application and initial inspection fee
Tow Truck Driver (each)
$ 100.00
Replacement License - Driver
$ 20.00
Tow Truck Driver — Trainee
$ 100.00
Additional Inspections by Municipal
Law Enforcement Officers I
Pursuant to the Township's Fees and Charges
By -Law
* *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 29 of 36
/____1
a F Schedule 3 to By -law No. 2012 -143
0.1 �t��»lf�' TOWING COMPANY
Proud i-trrita;;r, Zacidnp future APPLICATION
Business Information
Name of Company (Registered and Operating As)
Name of Principles(s) of Company
Business Address (Street Number and Name)
Check One: Individual
Corporation
Partnership
City Postal Code Telephone Number Fax Number
Main Contact for Company E -mail Address Cellular Number
Compound Address (Street Number and Name)
Owner of Land where Compound is located
Per Section 9.1
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.
b) Payment of the appropriate fees as set out in Schedule 2 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 coverages shall be given, in writing, to
the Township.
d) Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax (HST)
registration.
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e) 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.
f) A completed Occupational Health and Safety Statutory Declaration Form as set out
as Schedule 4 of this By -Law.
g) Proof of Corporate Ownership
h) If the Applicant is a corporation, a copy of the incorporating document shall be
provided.
i) If the Applicant is a registered partnership, a copy of the registered declaration of
partnership shall be provided.
j) A Criminal Record Check obtained from a Police enforcement agency, dated within
30 days of the date which the Application is deemed to be complete by the Township
for each owner of the Towing Company.
k) A Vulnerable Sectors Check obtained from a Police enforcement agency, dated
within 30 days of the date which the Application is deemed to be complete by the
Township, for each owner of the Towing Company.
1) Proof of securement of a Compound, with a separate Office on the same property as
the Compound, within the Township boundaries, and in compliance with the
Township's Zoning By -Law, as amended.
m) Proof of a sign, in compliance with the Township's Sign By -law, which advertises the
Towing Company, including the telephone number, clearly visible from the roadway,
and located on the property where the Compound is situated.
n) A list of Tow Truck Drivers who will drive Tow Trucks on behalf of the Towing
Company.
o) Any other required inspections, approvals or documents as required by the Licensing
Officer.
Heaving Towing
Per Section 9.2.2:
In addition to the Towing Company documentation required. a Heavy Towing Company 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 9.2.1 a), b), d), e) and f) of this
By -Law, if applicable.
Signature of Company Owner /Contact
Staff Signature
Date
"N
0
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F-1
IN
Date Application is Deemed to be Complete
Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and Protection of
Privacy Act, and will be used for the purpose of administering the Towing By -law. Questions about this collection should be
directed to the Clerk's Office Township of Oro - Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0
Page 31 of 36
Schedule 4 to By -law No. 2012 -143
OCCUPATIONAL HEALTH AND SAFETY
STATUTORY DECLARATION FORM
Business Information
Name of Company (Registered and Operating As)
Authorized Signing Officer(s) of Company, including Title(s)
Business Address (Street Number and Name)
City Postal Code Telephone Number Fax Number
On behalf of the above -named Company, I certify the following:
a) The above -named Company has a health and safety policy and will maintain a program to implement
such policy as required pumiant to clause 25(2Xj) the Occupational Health and Safety Act, R.S.O.
1990, c.0.1, as amended, (the "OHSA").
With respect to the services being offered pursuant to the Township of Oro - Medonte's Towing By-
law, the above -named Company 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) The above -named Company agrees to take every precaution reasonable in the circumstances for
the protection of worker health and safety, as required under the OHSA.
Signature of Authorized Signing Officer
Dated at the Township of Oro - Medonte this
Signature of Witness — Township Staff
Signature of Authorized Signing Officer
day of
20
Printed Name and Title of Township Staff
Page 32 of 36
Schedule 5 to By -law No. 2012 -143
TOW TRUCK
Proud Herimge, Yi dfbg F'our,. APPLICATION
Business/Tow Truck Information
Name of Company (Registered and Operating As)
Business Address (Street Number and Name)
City Postal Code Telephone Number Fax Number
Compound Address (Street Number and Name)
Company Name and Telephone Number on Tow Truck, and Identification Number (if applicable)
Tow Truck Registered Owner Tow Truck Owner Main Contact
E -mail Address Cellular Number
Per Section 10. 1.2
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.
b) Payment of the appropriate fee as set out in Schedule 2 of this By -Law.
C) The vehicle's make, model, year and Vehicle Identification Number.
d) A valid and current Motor Vehicle Permit issued by the Ministry of Transportation and
issued in the Applicant's name.
e) Proof of the Ontario License plate number as issued by the Ministry of
Transportation.
f) A valid and current Ministry of Transportation Annual Inspection Certificate issued
under the Highway Traffic Act.
g) 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
Tow Truck to be Licensed.
h) If a Tow Truck is a leased vehicle, the Applicant shall provide a copy of the lease
agreement for each leased Tow Truck to be Licensed.
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) Proof of Certified Master Installer to demonstrate that the Tow Truck complies with
Transport Canada Regulations for the Towing of Vehicles.
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Page 33 of 36
I) 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.
m) 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.
n) 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 he amount of the policy and insuring each
such Tow Truck having 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.
o) A Tow Truck License may be transferred by the Licensing Officer for a 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 and fees required
under this By -Law. The Tow Truck Transfer License shall expire on the same date
as the Tow Truck License issued for the vehicle which has been removed from
service.
P) Any other required inspections, approvals or documents as required by the Licensing
Officer.
Signature of Tow Truck Owner
Staff Signature
Date
F-01
rE]
"M
FE]
nN
"N
w
Date Application is Deemed to be Complete
Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and Protection of
Privacy Act, and will be used for the purpose of administering the Towing By -law. Questions about this collection should be
directed to the Clerk's Office, Township of Oro - Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0
Page 34 of 36
Schedule 6 to By -law No. 2012 -143
TOW TRUCK DRIVER
Prom! i3eritnai�, fszriiin� t-un�rr APPLICATION
Business/Tow Truck Driver Information
Name of Company (Registered and Operating As)
Business Address (Street Number and Name)
City Postal Code Telephone Number Fax Number
Compound Address (Street Number and Name)
Tow Truck Driver's Name
Tow Truck Driver's Address (Street Number and Name
City I Postal Code I Telephone Number
E -mail Address
Cellular Number
Per Section 11.1
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.
b) Payment of the appropriate fee as set out in Schedule 2 of this By -Law.
C) The Applicant's original Ontario Driver's License with a minimum Class G
designation, with no driving restrictions, save and expect the use of corrective
lenses.
d) An Ontario Driver's License abstract obtained from the Ministry of Transportation and
dated within 30 days of the date which the Application is deemed to be complete by
the Township.
e) A Criminal Record Check obtained from a Police enforcement agency and dated
within 30 days of the date which the Application is deemed to be complete by the
Township.
f) A Vulnerable Sectors Check obtained from a Police enforcement agency, dated
within 30 days of the date which the Application is deemed to be complete by the
Township.
g) Written 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.
h) Written 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 named on the Tow Truck Company's
Insurance Policy as an Insured Driver.
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Page 35 of 36
i) A statement, in writing, advising if the Applicant has 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. If the Applicant has a pecuniary interest, a written statement providing 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 shall be filed with the Licensing Officer at
the time of the Application.
j) Any other documents as required by the Licensing Officer.
Tow Truck Driver Trainees
Per Section 11.3
a) Where an Application for a Tow Truck Driver's License has been submitted to the
Licensing Officer, and where the Applicant for such Tow Truck Driver's License will
be receiving instructions on Tow Truck Driver training from a Licensed Tow Truck
Driver, the Licensing Officer may issue a Tow Truck Driver Trainee License which
shall expire thirty (30) days from the date of the Application. In addition to the
required documentation for a Tow Truck Driver Application, a written letter, from the
Towing Company owner, shall be submitted advising that the individual is in training.
C) Upon completion of the training instruction, and no later than thirty (30) days after the
approval of the Tow Truck Driver Trainee License, the Applicant.shall submit a
written letter from the Towing Company owner advising that the training has been
completed. Upon receipt of said letter, the Licensing Officer shall issue a Tow Truck
Driver License, which shall expire on the first day of the month twelve months from
the date of the approval of the Tow Truck Driver Trainee License.
Signature of Tow Truck Driver Date
Staff Signature
w
Twp.
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Date Application is Deemed to be Complete
Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and Protection of
Privacy Act, and will be used for the purpose of administering the Towing By -law. Questions about this collection should be
directed to the Clerk's Office, Township of Oro- Medonte 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0
Page 36 of 36
PROVINCIAL OFFENCES ACT
PART
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the attached schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By -law No. 2012 -143, as amended, for the
Corporation of the Township of Oro - Medonte, attached hereto is the set fine for
those offences. This Order is to take effect October 29th, 2012.
DATED at Newmarket this 29tH
day of October, 2012.
pin
Gregory Regis
Regional Senio Justice
Central East Region
Township of Oro - Medonte
By -Law No. 2012 -143, as amended
Being a By-law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck
Drivers ( "Towing By -law ")
Part I Provincial Offences Act
Item
Short Form Wording
Provisions
Creating or Set Fine
Defining
Offence
mom
1
Publish representation when not license by Township.
3(c)
$500.00
2
Cause to be published representation when not license by
Township.
3(c)
$500.00
3
_
Hinder or obstruct an officer exercising a power or performing a
duty.
22(a)
$200.00
AMR
4
loperate towing company without a license.
9.7(a)
$500.00
5
Permit towing company to operate without a license.
9.7(a)
$500.00
6
Permit unlicensed tow truck to respond to call.
9.7 (b)
$200.00
7
Permit unlicensed tow truck driver to respond to call.
9.7(b)
$200.00
8
Permit unlicensed tow truck to operate.
9.7(c)
$500.00
9
Permit unlicensed tow truck driver to operate.
9.7(c)
$500.00
10
Act as spokesperson.
9.7(d)
$200.00
11
Permit person to act as spokesperson.
9.7(d)
$200.00
12
Misrepresentation of endorsement by Township or Police
Agency.
9.7(f)
$200.00
- �:
-
e
13
Use unlicensed vehicle as a tow truck.
10.4(a)
$500.00 -
14
Permit the use of unlicensed vehicle as a tow truck.
10.4(a)
$500.00
15
Affix license to tow truck not licensed.
10.4(b)
$200.00
16
Operate unsafe tow truck.
10.4(c)
$200.00
17
Permit operation of unsafe tow truck.
10.4(d)
$200.00
18
Cause or permit any nuisance.
10.4(e)
$200.00
19
Operation of tow truck exceeding gross vehicle axle rating.
10.4(f)
$200.00
20
Allow operation of tow truck exceeding gross vehicle axle
rating.
10.4(f)
$200.00
21
Act as tow truck driver without a license.
11.5(a)
$500.00
22
Provide service of a tow truck driver without a license.
11.5(a)
$500.00
23
Use unlicensed vehicle as a tow truck.
11.5(b)
$500.00
24
Affix license to tow truck not licensed.
11.5(c)
$200.00
25
Driver provide any service for an unlicensed towing company.
11.5(d)
$200.00
By -Law No. 2012 -143, as amended
26
Driver operate tow truck for an unlicensed towing company.
11.5(d)
$200.00
27
Driver connect /tow vehicle without authorization.
11.5(e)
$200.00
28
Driver connect /tow vehicle prior to issuance of invoice.
11.5(f)
$200.00
29
Unauthorized tow outside Township boundaries.
11.5(g)
$200.00
30
Alter itemized invoice.
11.5(h)
$200.00
31
Charge unauthorized fare or rate, collision tow.
11.5(1)
$200.00
32
Charge unauthorized fare or rate, non - collision service.
11.5(j)
$200.00
33
Request /receive a drop fee.
11.5(k)
$200.00
34
Request /receive administration fee.
11.5(k)
$200.00
35
Fail to leave scene as directed.
11.5(m)
$200.00
36
Permit soliciting at a collision scene.
11.5(n)
$200.00
37
Solicit at a collision scene.
11.5 (n)
$200.00
38
Permit soliciting for business.
11.5(o)
$200.00
39
Soliciting for business.
11.5(o)
$200.00
40
False representation for hire.
11.5(p)
$200.00
41
Interfere with contract.
11.5(q)
$200.00
42
Driver suggest /recommend tow to any place other than
approved compound.
11.5(r)
$200.00
43
Charge for lost time.
11.5(s)
$200.00
44
Driver permit unauthorized passenger.
11.5(t)
$200.00
45
Passenger in tow truck without trainee license.
11.5(u)
$200.00
46
Instruct passenger without trainee license.
11.5(v)
$200.00
47
Make loud noise, cause disturbance.
11.5(w)
$200.00
48
Use abusive language.
11.5(w)
$200.00
49
Annoy or insult any person.
11.5(w)
$200.00
50
Obstruct sidewalk.
11.5(x)
$200.00
51
Smoke in tow truck.
11.5(z)
$200.00
52
Driver misrepresents themself as employee, of Township or
Police Agency.
11.5(aa)
$200.00
53
Operate unsafe tow truck.
11.5(bb)
$200.00
54 ICause
or permit any nuisance.
11.5(cc)
$200.00
55
Operation of tow truck exceeding gross vehicle axle rating.
11.5(dd)
$200.00
56
Allow operation of tow truck exceeding gross vehicle axle
rating.
11.5(dd)
$200.00
NOTE: The penalty provision for the offences indicated above is Section 22 of By -law
No. 2012 -143, as amended.
PROVINCIAL OFFENCES ACT
PART II
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice, that the amount set opposite each of
the offences in the attached schedule 'of offences under the Provincial Statutes
and Regulations thereunder and Municipal By -law No. 2012 -143, as amended,
for the Corporation of the Township of Oro - Medonte, attached hereto is the set
fine for those offences. This Order is to take effect October 29th, 2012.
DATED at Newmarket this 29th
day of October, 2012.
AA AA.-
Gregory R gis
Regional 9enibr Justice
Central East Region
Township of Oro - Medonte
By -Law No. 2012 -143, as amended
Being a By -law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck
Drivers ( "Towing By -law ")
Part II Provincial Offences Act
1
Stop within a collision scene.
11.5(1)
1
1 $200.00
2
Park within a collision scene.
11.5(1)
1 $200.00
NOTE: The penalty provision for the offences indicated above is Section 22 of By -law
No. 2012 -143, as amended.