Towing and Vehicle Storage in Ontario: Sector Oversight, Enforcement and Intervention PDF

Ministry of Transportation Towing and Vehicle Storage in Ontario: Sector Oversight, Enforcement and Intervention Presented by Towing and Vehicle Storage Oversight Office, MTO OPP presentations August 2024 We’ll review Background Sector Requirements, Enforcement a...

Ministry of Transportation Towing and Vehicle Storage in Ontario: Sector Oversight, Enforcement and Intervention Presented by Towing and Vehicle Storage Oversight Office, MTO OPP presentations August 2024 We’ll review Background Sector Requirements, Enforcement and Intervention Application of the Towing and Storage Safety and Enforcement Act (TSSEA) Authorities ISS Certificate Searches Short-Form Wordings Ministry of Transportation  Roadmap to Provincial Oversight On July 4, 2023 operators and drivers began to apply for TSSEA certificates. Certification is mandatory for operators as of January 1, 2024 and for tow truck drivers as of July 1, 2024. TSSEA and Tow Zone Pilot New legislation and Phase 2 pilot program to address issues Certification and Spring 2021 registration portal is live Effective: July 2023 Towing Task Phase 1 Phase 3 Force Application of TSSEA in effect and additional CVOR municipal oversight ends New multi-organization initiative to improve requirements and exemptions removed Modernized customer provincial oversight of the Effective: January 2023 protection requirements towing industry and standards of practice June 2020 Online portal for complaints and compliance is live Effective: January 15, 2024 3  MTO programs involving towing These programs have different purposes and are independent of each other. Program Administrator Legislation TSSEA certification and compliance Towing and Vehicle Storage Oversight Office Towing and Storage oversight (TVSO, Commercial Safety and Enforcement Safety and Enforcement Branch) [email protected] Act and regulations Carrier Safety Rating and CVOR Carrier Sanctions and Investigations Office Highway Traffic Act and (CSIO, Commercial Safety and Enforcement O. Reg. 424/97 Branch) [email protected] Tow Zone Pilot Tow Zone Pilot Highway Traffic Act and – Highway Operations Management Branch O. Reg. 325/21 [email protected] Provincial Highway Incident Management Municipal and Client Service Office N/A Limited Financial Protection Program – Transportation User Services Branch contract between MTO aka “Heavy Tow Program” and the towing company aka “Guaranteed Payment Program” 4  Sector Requirements, Enforcement and Intervention 5  TSSEA: New Industry Standards and Consumer Protection TSSEA, Ontario Regulation 162/23-Charges for Towing and Vehicle Storage Services and Ontario Regulation 167/23-General set out industry standards and consumer protection practices for the sector Industry Standards include requirements to: meet eligibility criteria and qualifications for certification adhere to a Code of Conduct (Schedule 1 of the regulation) ensure that only mechanically fit tow trucks and appropriate equipment are used have prescribed minimum insurance maintain prescribed records Required Consumer Protection practices include those re: prescribed Prohibited Practices rates for towing services consent, obtaining consent and documenting consent invoices and payment information for the public 6  Certification There are three certificate types issued under the TSSEA: Tow Operator Tow Driver Vehicle Storage Operator Tow Operator Certificates are issued in the business name of the operator (same as CVOR Certificates). Tow Operators must also hold a valid Commercial Vehicle Operator’s Registration (CVOR) Certificate. A tow truck must* be operated under a Tow Operator Certificate and a matching CVOR Certificate. Tow Driver Certificates are issued to individuals. Tow Driver certification is not dependent on a driver working for a specific tow operator. Tow drivers are not limited to working for a single operator. Vehicle Storage Operator Certificates are required to charge for storing towed motor vehicles. Long-term storage contracts are exempt. Vehicle Storage Operator is often also a Tow Operator (separate certificate). 7  Enforcement TSSEA, along with the Tow Zone Pilot, OPP Tow Program and the Organized Crime Towing and Auto Theft Team, create a comprehensive provincial oversight regime. Who will enforce? Offences relevant to the towing and vehicle storage sector under the Highway Traffic Act and TSSEA can be enforced by police and TSSEA Inspectors. MTO Enforcement Officers are appointed as TSSEA Inspectors. Available law enforcement tools Provincial Offences Notices, short form wording with set fines. P.O.A. Part III may be appropriate for more serious offences or to charge the tow operator since service cannot occur on the driver. Submission of a complaint or concern to TVSO through the online Complaints Portal. CVIR coding and remarks. Entering Truck Inspection Stations As of April 1, 2024, the policy exemption allowing tow trucks to by-pass truck inspection stations (TIS) has been removed – tow trucks are now required to enter when the flashing lights on a TIS signboard are activated. 8  Oversight and Intervention MTO’s Towing and Vehicle Storage Oversight Office (TVSO) licenses and monitors the behaviour of tow truck drivers, tow operators and vehicle storage operators. TVSO intervenes with poor performers and violators of the TSSEA and its regulations. Intervention may include warnings, compliance reviews, interviews, attaching conditions to a certificate, or suspending or revoking a certificate. Records and information which illustrate a tow operator’s practices allow for a determining the most appropriate intervention. Information from Transportation Enforcement Officers is high-value, and includes: CVIRs – CVSA codes trigger review by TVSO. CVIRs – remarks can provide a range of information and observations. Complaints portal – submissions allow for filing complaints (customers, general public and law enforcement) and uploading of documents and photographs 9  Application of the Towing and Storage Safety and Enforcement Act (TSSEA), and its Regulations 10  Application of TSSEA The Towing and Storage Safety and Enforcement Act (TSSEA), O. Reg. 162/23-Charges for Towing and Vehicle Storage Services, and O. Reg. 167/23-General apply to towing in Ontario. TSSEA, section 1: “towing”, subject to the regulations, includes, (a) the transportation of motor vehicles using a tow truck, (b) any ancillary activity such as lifting a motor vehicle for the purposes of loading, towing or transporting it or placing it onto a truck or trailer for the purpose of towing or transporting, and (c) any other prescribed activity; (“remorquage”) TSSEA is only applicable to the towing or storage of motor vehicles. 11  Application of TSSEA Section 2 and 3 of the Towing and Storage Safety and Enforcement Act (TSSEA) prohibits providing, offering to provide, or driving a tow truck to provide towing services unless one is certified pursuant to the TSSEA. TSSEA, section 1: “towing services”, subject to the regulations, includes, (a) towing, recovery or transportation in respect of motor vehicles that are disabled, abandoned, impounded, seized, damaged, incomplete or inoperable or that require removal from a location for any other reason, and (b) any other prescribed activity; (“services de remorquage”) “tow truck driver” means a person who drives a tow truck for the purpose of providing towing services; (“conducteur de dépanneuse” “tow operator” means a person who, directly or indirectly, alone or with others, operates, manages, supervises, runs or directs the offer of or provision of towing services, and includes, (a) an operator, as defined in subsection 16 (1) of the Highway Traffic Act, of a tow truck, and (b) any other prescribed person; (“exploitant de services de remorquage”) 12  Application of TSSEA The Towing and Storage Safety and Enforcement Act (TSSEA) defines “tow truck”. A tow truck includes a wrecker or a flatbed truck with a deck that can tilt to load. TSSEA, section 1: “tow truck” means, (a) a motor vehicle commonly known as a tow truck, (b) a commercial motor vehicle, as defined in subsection 1 (1) of the Highway Traffic Act, with a flatbed that can tilt to load and that is used to tow or transport other motor vehicles, and (c) subject to any prescribed exceptions, a motor vehicle that is designed, modified, configured or equipped so that it is capable of towing other motor vehicles; (“dépanneuse”) July 1, 2025, per O. Reg. 628: tow trucks must be registered under a “wrecker permit” unless exempted body type will be indicated as “WR” or “Wrecker” 13  Application of TSSEA Section 6 of O. Reg. 167/23-General contains tow truck driver and tow operator certification exemptions: Proper use of a Service permit/plate (see s.13.1, O. Reg. 628-Vehicle Permits) for purposes related to repair Tow operator or driver is not an Ontario resident AND the tow truck is registered in the jurisdiction where the operator or driver is a resident, AND towing originated outside of Ontario AND is passing through Ontario, or dropping off in Ontario Tow operator or driver is not an Ontario resident AND the tow truck is registered in the jurisdiction where the operator or driver is a resident, AND is performed at the direction of a police officer 14  Identifying Tow Operators A tow truck must* be operated under a Tow Operator Certificate and a matching CVOR Certificate. A tow driver should be able to surrender: o Tow Driver certificate o Operator’s CVOR certificate o Tow Operator’s certificate On each side of the tow truck, the tow operator name and certificate number (should match certificate) is required to be prominently displayed. Other prescribed documents re CMV operation (HTA, etc.) and towing-related (TSSEA) documentation should align with identified operator. 15  Authorities 16  TSSEA – Authorities TSSEA Authority Reference s.13 To demand documents from a tow truck driver. s.14(1)(a) To detain (and impound) a tow truck driven by an uncertified tow driver. s. 14(1)(b) To detain (and impound) an uncertified operator’s tow truck. s.24(3) To direct that access to a vehicle not be permitted. s.39(1) To give reasonable direction to a tow truck driver. s.39(2)(a) To direct a tow driver to leave the scene of a collision. s.39(2)(b) To direct a tow driver to stay 200m from the scene of a collision. These authorities will be explored individually… 17  TSSEA – Authorities TSSEA Authority Reference s.13 To demand documents from a tow truck driver. Surrender of documents, etc., by driver or other person 13 On the demand of a police officer or inspector, a tow truck driver or any other person with the care, charge or control of a tow truck shall surrender the prescribed documents for inspection and furnish the prescribed information to the police officer or inspector. The General regulation sets out the prescribed documents. 18  TSSEA – Authorities TSSEA Authority Reference s.13 To demand documents from a tow truck driver. O. Reg. 167/23 Surrender of documents 18. (1) The following are prescribed for the purposes of section 13 of the Act as documents that a tow truck driver or other person referred to in that section shall surrender on the demand of a police officer or inspector: 1. The tow driver certificate. 2. The tow operator’s tow certificate. 3. The tow truck driver’s run sheet. 4. Evidence of the holder’s insurance coverage. 5. Documents in the person’s possession relating to, i. the ownership and operation of the tow truck, ii. the ownership of the towed vehicle, and iii. the current trip or tow. Note: Documents may be carried electronically. 19  TSSEA – Authorities TSSEA Authority Reference s.13 To demand documents from a tow truck driver. O. Reg. 167/23 Surrender of documents 19. (1) A tow truck driver shall keep a run sheet and include in it a record for each 18. (1) The following are prescribed for towing service performed that includes, the purposes of section 13 of the Act as documents that a tow (a) the date and time the towing service was provided, including the time the truck driver or other person referred to in that section shall surrender on the demand of a police officer or towing service was commenced and completed; inspector: (b) the name of the person who consented to the towing services or directed 1. The tow driver certificate. the impoundment, storage or towing of the motor vehicle; 2. The tow operator’s tow certificate. (c) the name and contact information of any person who took possession of 3. The tow truck driver’s run sheet. the towed motor vehicle at the destination of the tow; 4. Evidence of the holder’s insurance coverage.(d) the make, model, colour, licence plate number and vehicle identification number 5. Documents in the person’s possession relating to,of the motor vehicle that was towed; (e) the locations from which and to which the motor vehicle is being towed; i. the ownership and operation of the tow truck, (f) the total amount charged and collected; and ii. the ownership of the towed vehicle, (g)andif a person described in paragraph 2 of subsection 13 (2) travelled as a iii. the current trip or tow. passenger in the tow truck, the name of the passenger and reason the person was a passenger. 20  TSSEA – Authorities TSSEA Authority Reference s.14(1)(a) and (b) To detain (and impound) a tow truck when driver or operator are not certified. Vehicle impoundment if no or suspended certificate 14 (1) A police officer or inspector may detain a tow truck if the police officer or inspector is satisfied that a person was driving a tow truck on a highway at a time when, (a) the person did not hold a valid tow driver certificate; or (b) the tow operator of the tow truck did not hold a valid tow certificate. Same (2) A tow truck detained under subsection (1) shall, at the cost and risk of the tow operator, (a) be removed to a vehicle storage yard facility as directed by a police officer or inspector; and (b) be impounded for seven days from the time it was detained. 21  TSSEA – Authorities TSSEA Authority Reference s.24(3) To direct that access to a vehicle not be permitted. Access to vehicle 24 (1) A tow truck driver shall at such times as may be prescribed permit the owner of a motor vehicle and any other prescribed person to have reasonable access to the motor vehicle. Same (2) A vehicle storage operator shall permit the owner of a motor vehicle and any other prescribed person to have reasonable access to the motor vehicle during the operator’s regular business hours or, if the premises do not have regular business hours, at any time the premises are open for business. Exceptions (3) A police officer or inspector may direct, or the regulations may provide, that subsection (1) or (2), or both, do not apply with respect to a motor vehicle. 22  TSSEA – Authorities TSSEA Authority Reference s.39(1) and (2) To direct a tow truck driver. Compliance with directions at collision scene 39 (1) Every tow truck driver shall comply with any reasonable direction given by a police officer, inspector or firefighter who is present at the scene of a collision. Same (2) Every tow truck driver shall comply with a direction of a police officer or inspector who is present at the scene of a collision to, (a) leave the scene of the collision; or (b) stay at least 200 metres away from the scene for such time as the police officer or inspector may direct. Section 38 requires that tow trucks stay farther than 200 metres from a collision, apparent collision, or vehicle involved in a collision, unless requested by a police officer. 23  ISS Certificate Searches 24  ISS Information The Inquiry Services Subsystem (ISS) can be searched for TSSEA certification details. Certificate status Registered Non-registered – no certificate has been issued Refused – application for a certificate was denied Conditions emphasize behaviour expectations and set the stage for follow-up intervention, as Suspended – a sanction has been applied against the certificate-holder necessary: Common conditions: Certificate conditions Certificate-holder is required to inform TVSO of Conditions may be relevant roadside outcome of a pending charge Breach of condition may trigger further intervention or sanction Certificate-holder is required abide by Code of Conduct Certificate-holder to ensure drivers are properly trained 25  Note: may be carried electronically. 26 27 28 29 30 31 32 33 34  Note: may be carried electronically. 35 36 37 38 39 TSSEA Certificate Status in ISS EXAMPLE This example shows that the TO certificate was refused, and that no VS certificate has been issued. In ISS, Non-Registered means that a certificate has not been issued. In ISS, Refused means that the application for the certificate was denied. In ISS, Suspended means that an intervention/sanction has been applied. 40 TSSEA Certificate Status in ISS EXAMPLE Compliance Notes may provide useful information. 41 TSSEA Certificate Status in ISS EXAMPLE Clicking the TSSEA certificate number links into certificate details. #000-000-000 Clicking each certificate type will provide status and other information 42 TSSEA Certificate Status in ISS EXAMPLE This example shows the TO suspended and the VS certificate registered. 43 TSSEA Certificate Status in ISS EXAMPLE This example shows both the TO and VS certificates were refused. 44 TSSEA Certificate Status in ISS EXAMPLE This example shows both that the VS certificate is registered (issued) and that no TO certificate has been issued. Clicking the TSSEA certificate number links into certificate details. This VS certificate was issued with conditions (see next slide) 45 TSSEA Certificate Status in ISS EXAMPLE This VS certificate was issued with conditions. 46  Short Form Wordings and Set Fines 47  Short Form Wordings and Set Fines Towing and Storage TSSEA Safety and Enforcement Act Tow operator – fail to clause 11 (1) (a) $350.00 Offence for when a tow operator does not have a comply with prescribed certificate SERVICE ON DRIVER requirements and IS NOT AVAILABLE FOR standards OPERATOR CHARGES Tow truck driver – fail to section 12 $300.00 Offence for when a tow driver does not have a comply with prescribed certificate requirements and standards Fail to surrender required Section 13 $300.00 Offence for not surrendering documents required by documents or information O. Reg. 167/23-General, section 18 MAY BE ELECTRONIC Vehicle storage operator — clause 15 (1) (a) $350.00 Offence for when a vehicle storage operator does not fail to comply with have a certificate prescribed requirements and standards 48  Short Form Wordings and Set Fines Towing and Storage TSSEA Safety and Enforcement Act Provide or offer towing subsection 38 (1) $500.00 Addresses chasing behaviour services within 200 metres of collision, apparent collision or collision vehicle Park or stop a tow truck subsection 38 (1) $500.00 Addresses chasing behaviour within 200 metres of collision, apparent collision or collision vehicle Tow driver – fail to comply subsection 39 (1) $500.00 Tow driver must comply with any reasonable direction with reasonable direction of a police officer, inspector or firefighter present at the collision Tow driver – fail to comply subsection 39 (2) $500.00 Tow driver required to leave when directed and to stay with direction to leave or away “for such time as the police officer or inspector stay away from scene of may direct”. collision 49  Short Form Wordings and Set Fines O. Reg. 167/23 - General Tow operator — fail to clause 12 (1) (a) $350.00 A copy of the tow certificate must be kept in each tow ensure copy of certificate is truck the operator operates; and in tow truck MAY BE ELECTRONIC Tow operator — fail to clause 12 (1) (b) $350.00 The tow operator’s name and certificate number must ensure name and certificate be prominently displayed, legible and clearly visible on number displayed on tow both sides of each tow truck that it operates. truck as required 50  Questions? Comments? 51  Resources E-laws links: Towing and Storage Safety and Enforcement Act O. Reg. 162/23 - Charges for Towing and Vehicle Storage Services O. Reg. 167/23 - General MTO websites: Get a towing or vehicle storage certificate | ontario.ca Towing and vehicle storage requirements | ontario.ca Publish rates selections (gov.on.ca) (Certificate and Rates search) Know your rights when getting a tow | ontario.ca (Complaints Portal) TVSO contact information: Public enquires should be directed to [email protected] 52  Thank you. 53