Towing rules have changed; here’s how the city is cracking down on bad actors

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The Ottawa Police Service is cracking down on tow truck companies taking advantage of accident victims.

The OPS has created a special task force pilot project to serve as a watchdog over the industry in the city. So far, 152 tickets have been issued under the Towing and Storage Safety and Enforcement Act (TSSEA) and 11 tow trucks have been towed themselves for violations.

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An additional 321 tickets have been issued by the Commercial Motor Vehicle Safety Alliance for infractions and failed vehicle inspections since an extensive new provincial law kicked in on Jan. 1.

The new TSSEA rules were long overdue.

What was happening previously?

Everyone who has experienced the suddenness of a major crash or fender bender knows the disorienting feeling.

Confusion and stress are normal reactions, while seeing if anyone is hurt and trying to track down the insurance provider.

If a supposedly friendly tow truck driver immediately shows up with the offer of a quick tow to help clean up the mess at the scene, it’s easy to lose focus and accept with few questions asked.

But driver beware.

The message from police and automobile safety advocates is to keep your wits about you, recognizing that the new TSSEA is designed to protect drivers from being pressured or coerced into costly decisions they may later regret.

“What was happening is there were a lot of bad actors taking advantage of people that didn’t know better,” said Hassan Al-Khairalla, assistant operations manager, automotive services for CAA’s North and East Ontario region. “Some towing companies were changing their rates, rates higher than their competitors. There was a lot of unscrupulous behaviour going on.”

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In many cases, accident victims were also left in the dark about where their vehicle was being taken for storage, and later subject to huge, unexpected fees when retrieving their vehicles.

Who was involved in the shady part of the towing industry?

In the Greater Toronto Area, towing companies “were deeply involved in organized crime, holding vehicles hostage,” according to Ottawa Police Service Const. Jason Killeen.

Killeen is part of the six-member OPS Impound and Towed Vehicle Section, scouring the city looking to make sure the new laws are being followed.

In an ideal world, all drivers would be up to speed on the laws, but Killeen understands that in the moments after a collision, plenty of balls are in the air.

“The best advice I can give is for anyone who feels that their car is being held unlawfully, call 911 and have an officer attend to take the report so it is documented, at the very least,” he said.

So, what, exactly, are the laws governing towing companies?

The list is exhaustive, beginning with the fact tow trucks are not permitted within 200 metres of a crash scene unless they’ve been called.

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Before the TSSEA, trucks routinely arrived quickly, approaching accident victims without being asked, and beginning the process of hooking up a damaged vehicle.

However, under the new code of conduct, which is listed in detail on Ontario’s Ministry of Transportation website, that’s part of the no-go zone.

The driver of a damaged vehicle has numerous rights.

Those include the ability to choose which towing company provides the service.

Before anything is signed, towing companies must list all customer’s rights, including where their vehicle is being towed. A customer has the option to pick an alternative site for storage.

In addition, before the vehicle is moved, companies must have a signed consent-to-tow form, which includes a full list of all the services and costs.

That document must include the driver’s name and certification number.

Under the TSSEA, no one applying for a licence can have any “disqualifying convictions” on their record.

The MTO website advises that “you should never sign a blank form and to make sure the required information is on the form before you sign it.”

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Additionally, the MTO points out that “if the tow truck driver or towing company did not get your consent, they cannot charge you for towing services. Further, they are not allowed to make any changes to the agreement once you give consent.”

What are the exceptions to the rule?

Accidents in a “restricted tow zone” on a 400-series highway — including the Queensway and the 416  — are subject to different standards.

Police can alert previously authorized towing operators to remove damaged vehicles as quickly as possible. But once the vehicle is towed out of danger to a safe location, customers have the right to choose whatever towing company they choose.

If assistance is needed in a restricted tow zone, police say customers should call 911 if it’s an emergency or 511 if they’re in a safe location.

“If your personal vehicle breaks down in a restricted towing zone, you may call your roadside assistance provider if you need a tow and you are in a safe location on the shoulder.”

How severe is the punishment for towing companies that break the law?

Since the establishment of the OPS’s Impound and Towed Vehicle Section, 10 trucks have been towed and impounded for seven days.

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The fines, which vary depending on what particular law has been broken, are significant.

“Depending on the charge, it can range from $400-$700, and the possible impound of the vehicle,” said Killeen. “The companies have to foot the bill when they retrieve their own trucks.”

The Ottawa Police Service also works in conjunction with the Ontario government and all charges are reviewed by the Ministry of Transportation.

In addition to checking out accident scenes for signs of law breaking, Killeen and his crew regularly visit towing companies and storage locations to make sure everyone is clear on the new guidelines.

Do storage facilities need consent to keep a customer’s damaged vehicle?

No, but the MTO says “once they receive any towed vehicle, the storage providers must make reasonable efforts” to inform the customer where the vehicle is and explain the steps necessary to get back their vehicle.

The province also says customers are allowed access to their damaged car or truck to obtain personal items “unless police direct otherwise.”

When requests are made to retrieve the vehicle, the place of storage is required to organize a “prompt release” during business hours.

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After the fact, is there an option for accident victims to fight tow charges?

Yes.

Customers who feel they have been wronged by a towing company or storage facility, or have issues with the behaviour of tow drivers or storage locations, can file a report with the MTO website.

The more supporting evidence for a complaint, the better.

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