June 6, 2013

Cardinal Golf and Country Club

For a great time and the opportunity to entertain your favourite customers and meet your vendors on a casual basis you won’t want to miss the PTAO 2013 Charity Golf Tournament.

Held again at the conveniently located Cardinal Golf Club, 2740 Davis Drive West in Newmarket on Thursday, June 6, 2013, we will start the day with a free lunch from 12:00 p.m. to 1:15 p.m. then onto a shotgun start at 1:30 pm followed up with a great dinner, silent auction and awards presentation. This is the favourite golf tournament of our many vendors and tow operators. Topped up with many prizes, awards and interesting competitions it is a must attend for those on the go.

The proceeds from the PTAO 2013 Charity Golf Tournament will directly benefit The Toronto Star Fresh Air Fund, a registered charity that provides as many as 25,000 underprivileged and special needs children with a memorable summertime opportunity to attend one of more than 100 day or residential camps. 100% of all donations are directed to supporting the children at camp as the Toronto Star pays for all administrative expenses.

We encourage all tow operators to bring a friend, customer and even an important employee and book a foursome although we can usually fit in single or double teams too. All are welcome to participate in this fun filled charity event and we are looking forward to seeing you there!

Click here to download the registration form

Cardinal Golf Club

Directions From Highway 400
Exit east on Davis Drive (formerly Hwy. 9) from the 400. Cardinal Golf Club is located 2 minutes off the highway on the left/north side, between Jane Street & Keele Street.

Directions From Highway 404
Exit west on Davis Drive (formerly Hwy. 9) from the 404. Take Davis Drive through Newmarket. Cardinal Golf Club is located on the right/north side of Davis Drive West, between Keele Street & Jane Street.

For more information regarding the PTAO Golf Tournament or to have someone from our office contact you please fill out the form below. Name: E-Mail Address: Telephone: Subject: Message: CAPTCHA Code:

Tow Show – September 12-14, 2013

SHERATON HAMILTON HOTEL
Sept. 12-14, 2013

Rate: $139.00/per room/per night
To get above show rate rooms must be booked no later then August 30.
Quote “Provincial Towing Association“

SHERATON HAMILTON HOTEL
116 King Street West
Hamilton, ON

Phone: 905-317-4531

Online Booking https://www.starwoodmeeting.com/Book/ProvincialTowingAssociation

The overall winners for the day were the A-Towing/Stellar team finishing the day with a score of -7.  Second place went to the Co-up Towing / Standard Auto Wreckers team with a -6. Third place was the Money in Motion team also with a -6.  The most honest team and obviously the team that had the most fun was the Gobbo Towing / McCaffrey Towing team. (score not required to be published).

The winners of the contest holes were as follows:

Jay Bentley – Mens Straightest Drive sponsored by Dominion Automobile Association
Dianne Gowan – Ladies Straightest Drive sponsored by Canadian Towing Equipment
Chris Boynton – Mens Longest Drive sponsored by KBW Towing
Jennifer Solman – Ladies Longest Drive sponsored by Abrams Towing
John McKenzie – Mens Closest to the Hole sponsored by PBL Insurance Limited
Karilynn Stewart – Ladies Closest to the Hole sponsored by Ross Towing & Transportation
Robert Gowan – Putting Contest sponsored by A Towing Services

CONGRATULATIONS TO ALL THE WINNERS!!!!!!!!!

We would like to thank the following companies for their sponsorships:

Eagle Towing Equipment, Centennial Sweeping, Standard Auto Wreckers, Northland Truck Centre, Cornwall Towing, Kells Towing, Road Canada – A Mapfre Company, Becker Bros. Towing, PartSource, Auto One / Landmark Leasing, Pine Ridge Automotive and Towing, World Wide Tracking – a GPS Company, Dan’s Towing & Boosting, Money in Motion, Don’s Heavy Towing & Float Service, R. Gowan Towing, Metroland Media – Gold Book.

We would especially like to thank Professional Dispatch Group, Mark Erdely, for sponsoring lunch for everyone so that we were well fed before we got out there swinging those clubs.

We would also like to thank Canadian Towing Equipment for sponsoring the Hole in One Contest again this year.  Unfortunately we were unable to give the $5000.00 prize away again this year.

We would like to thank all the sponsors and players who participated in making the day a fun and enjoyable day while helping us to be able to donate $2000.00 to the Toronto Star Fresh Air Fund, a registered charity that provides as many as 25,000 underprivileged and special needs children with a memorable summertime opportunity to attend one of more than 100 day or residential camps.

We hope to see everyone again next year and maybe even some new faces too.

A very special thanks goes out to Derek Gould for providing us with these photos!

For those that are unaware of the need to relocate the office we have moved from 15 Keith Road in Bracebridge to just down the street to 65 Keith Road. This move was necessary due to the sale of the building we were in. There is some painting and cleaning up in the conference room required and this will take place over the next few months. The conference room is about 20% larger and will be a little more comfortable than the previous room. Doug was able to negotiate a one year lease at the same cost as the previous location.
2011 was a very busy year for Doug and Judy in the office and for the Board as there was a very busy meeting schedule with the MTO, OPP, Queens Park and numerous other political functions. The PTAO and ORG are definitely recognized as the Towing Associations to consult with on all towing matters. The office phones and e-mail have been busy and we have answered hundreds of phone calls from the tow operators, the public, law firms and government agencies and is proof the establishment of the office has been a worthwhile investment. For obvious reasons we must continue our work to improve the industry as a whole.

Charity Golf Tournament

In 2011 we once again held a charity golf tournament with the SickKids Foundation as the beneficiary. The golf tournament has held at Cardinal Golf and Country Club in Newmarket on June 6th and was well attended. The weather was great and we certainly thank all the participants and sponsors that helped with making this worthy event a success. We are very proud to tell you we were able make a $5,000 donation to the hospital.

Benevolent Fund

In early December of 2010 the Shell Station in Apsley, Ontario owned by Mark Kemp and his brother burned to the ground. Two weeks after the fire Mark was on a police tow call on Sunday evening Dec. 12 around 6:24 p.m., on Highway 28. Mark was standing by his truck trying to get a van out of a ditch when he was struck by a vehicle heading north. He was taken to the Peterborough Regional Health Centre and later transferred to St. Michaels Hospital in Toronto with serious and life-threatening injuries.
During the families time of need the PTAO sent a cheque for $2,000 from the benevolent fund to assist them. We are pleased to report Mark has been recovering from his injuries very well.

Bill 147

Well once again our Bill got left on the shelf when the Legislature prorogued in June with no further action planned at this time. We are obviously disappointed with this turn of events but it is a typical situation when dealing with the government. This has been a very large undertaking but we are confident that we will be successful or a least tame the fires of full government regulation. We will develop a plan of action once the election is over and the house sits for the next session. You plead your case and wait and wait for some results.

Move Over Law

The ‘Move Over Law’ is not as simple to enact as some people may think and a lot of work is required prior to introducing it again. The ‘Move Over Bill’ introduced last year is in the same position as the regulation Bill. It received first reading and was also left on the shelf. We will again get more active on this once we have a government back in place.
Protection from Liability when working for the Police
Protection from liability for towing services when working for the police was finally placed into the highway traffic act and passed through the legislative process however is has yet to be proclaimed into law. We expect this to happen in the next session.

Payment for Services

We have continued and will not let up on the issue of being paid for our services when working for the police. The highway maintenance contractors are paid for their services and we must too. It is simply not right that we respond to the police and provide towing and recovery services and not get paid. It is also a travesty that we must engage in the conflicts that we do with the insurance companies when trying to get paid. This is an issue that must be fixed and we will continue to work hard on this.

OPP – RFP

No doubt that the OPP – RFP released in June for the impoundment program was written without any consideration for the towing industry whatsoever. I am sure everyone must have been just as disappointed as we were.

The official position of the PTAO regarding the OPP – RFP as written is NOT consistent to proper business management and just another example of this industry being abused.

I will expand on each point:

1. Areas of Responsibility – In most cases the area of responsibility is far too large to service within the time allocated to arrive on scene. The additional problem with the size of the areas is it will add to the cost of the call very dramatically. A 200 to 300 kilometer tow call is not cheap and may push the owner over the edge in re-claiming the vehicle while leaving the contractor with the expense of both tows. This also leaves the contractor vulnerable to the officer’s decision to use an un-contracted company who may or may not use their possession of the vehicle and related pricing to retaliate against a competitor or simply make a quick buck. The “Areas of Responsibility” should equal the detachment area and even AOR’s within the detachment area to provide adequate service. If a company can provide service in multiple areas they are free to tender multiple areas.
2. Response Times – In nearly all cases the response times are impossible to meet and proof the “Areas of Responsibility” are too large. This will prove to be unworkable and damaging.
3. Financial Burden – The financial burden placed on the successful proponent is the main hurdle facing the industry and is totally unreasonable. There are many challenges to be addressed. The first being the out of pocket expenses for removing a vehicle from an un-contracted towing company when requested by the police. The second is the expense of the call when required to tow a vehicle 200 or 300 kilometers and the vehicle is abandoned. The additional cost for long tows will in itself add to the number of abandoned vehicles as it will likely push the value of the tow call and storage beyond the value of the vehicle. The RFP calls for the contents of the vehicle to be released. I realize this is now in the HTA but I fail to understand how one regulation can override another, i.e. the “Repair and Storage Lien Act”. I also fail to understand why that was put in there in the first place. I and my colleagues certainly understand the need to release personal and identification documents, medicines, all items relating to children and groceries and perishable goods etc. but when it comes down to a skill saw or box of tools this may be the only opportunity we get to have the tow paid for. It is clearly an abuse if the police expect us to take possession of and store any items and not get paid. My final comment here is that the MTO at least paid the operators for all out of pocket expenses but the real issue I have is that the total invoice should really be paid by the perpetrator and it could easily be added to their drivers licence. A tow company should not have to bare any of this cost.
4. The Financial Implications of Providing Police Towing: We all hear about the high cost of towing and the abuse to the public and insurance companies but the fact is that the industry is continuously being victimized and this RFP adds to the pain. Case in point, over 20% of the collision tows provided to the police already go unpaid. An example is the number of tows encountered where there is no collision coverage or the driver is charged with impaired driving (no insurance coverage if charged with impaired driving) and/or it is an out of province vehicle. To dispose of these vehicles once they have been stored for 60 days, an operator must spend an additional $20.00 for a used vehicle package at the MTO. This is required to search for and to inform any lien holders of an impending sale. An operator however is still unable to notify the owner as no one “not even the police” will provide the owners address. Consequently, if the regulations within the Repair and Storage Lien Act are not followed an operator can be held responsible for disposing of the vehicle. If the owner suddenly reappears once the vehicle is disposed of and wants the vehicle returned the piece of junk just turned into a vehicle worth thousands. I can provide actual court cases to prove this. An additional implication of the RFP is when a vehicle or vehicles are involved in a collision and the local tow operator is called to provide a recovery and tow (this could involve cars or transport trucks) and the driver or drivers are charged with impaired driving. Once charged with impaired the vehicle is to be impounded triggering a huge invoice which could reach into the tens of thousands of dollars in the case of a transport truck. The invoice then becomes the responsibility of the contractor and there is no guarantee of payment.

I must tell you the industry as a whole is very dissatisfied with the RFP as written. No doubt there are many operators who completed the application however my recommendation to the industry was to simply disregard the RFP. Any contract should be fair and balanced for both parties. Originally, I believe the goal of the police is to remove and store seized vehicles in a rapid and efficient manner but little consideration was given to the ramifications to the industry as a whole. Pricing of the tow and storage and security of the vehicle and contents are extremely important and must be reasonable in the circumstance.  I do not believe this RFP as written will meet the needs of police or the industry. From an industry stand point the RFP is not consistent with proper business management as one would be left with no choice but to increase the cost of towing to cover the potential losses. This is next to impossible if a company has a signed contract with an auto-club and very unfair to the consumer.

A contract must be beneficial to all parties and in my opinion this one just doesn’t meet the test of appropriate business management or even fairness.

For obvious reasons our recommendation was to ignore the RFP however due to the competition and lack of organization within the industry it would be difficult for many people to toss it, although many did.

We are unaware of any contracts being signed at this date but it will likely happen.

Smart Corridor Concept of Operations

Transport Canada, in partnership with the MTO and MTO Quebec:

Transport Canada, in partnership with the Ministry of Transportation of Ontario and the Ministère des Transports du Québec, has initiated the development of a Smart Corridor Concept of Operations for Ontario and Québec, focusing on the region from Windsor to Québec City, and south to the Canada/U.S. border.
The primary objective of the Smart Corridor is to support the integration and interoperability of Intelligent Transportation Systems along the corridor, taking into consideration intermodal connections and other essential transportation infrastructure components.

A key aspect of the development effort is the engagement of, and coalition building among, public and private sector stakeholders such as you. Over the duration of the project, we have been invited to several ‘hands-on’ workshops used to present materials and advance the Concept of Operations.

We have been invited to participate in this workshop as representative of the towing industry.

One of the issues in focus is to reduce the delays and grid lock issues on the 401 and QEW. For obvious reasons the towing industry plays a key part in this and the rapid clearance of incident vehicles will be part of the considerations.

Risk Management & Liability Issues: We all know that the number of vehicles using the roads is increasing dramatically and traffic management is becoming the number one issue on the roads and highways. There have been a number of incidents where untrained tow operators are engaging in traffic management in an incorrect manner. The Ontario Health and Safety Act clearly states, it is the employers responsibility to ensure an employee is trained to provide information, instruction and supervision to a worker  to protect the health or safety of the worker;

Diverting traffic, parking in a live lane, incorrect cone placement is rapidly becoming a huge liability. There are drivers getting hit by vehicles and tow companies are being sued. Not being trained for traffic management and actually interfering with traffic is unlawful and a huge liability that can cost your companies dearly.

We contracted with a traffic management company to provide this training last year and this year at a discount price but very disappointed with the number of registrations. Let this be your warning that this is a critically important issue.

All government manuals are reviewed and renewed from time to time. Book 7 (the Ontario Traffic Management Manual) is up for renewal. The PTAO and the ORG have been invited to take part in this review and we are now part of the committee to review book 7 and assist in the new version.

EXCERPT FROM THE ONTARIO OCCUPATIONAL HEALTH AND SAFETY ACT
Duties of employers (Excerpt from OHSA Regulations)

25.  (1) An employer  shall ensure that,

(a)    the equipment, materials and protective devices as prescribed  are provided;
(b)    the equipment, materials and protective devices provided by the employer are maintained in good condition;
(c)    the measures and procedures prescribed are carried out in the workplace. Any land, premises, location or thing at, upon, in or near which a worker works ;
(d)    the equipment, materials and protective devices provided by the employer are used as prescribed; and
(a)    provide information, instruction and supervision to a worker  to protect the health or safety of the worker;

TRAFFIC CONTROL

67.  (1)  In this section,

“barricade” means a device that provides a visual indicator of the path a motorist is supposed to take;
“barrier” means a device that provides a physical limitation through which a vehicle would not normally pass, and includes a concrete barrier;
“mobile operation” means work, including a paving operation, that is done on a highway or the shoulder of a highway and moves along at speeds of less than 30 kilometres per hour. O. Reg. 145/00, s. 21.

(2)  If a worker at a project on a highway may be endangered by vehicular traffic unrelated to the project, the project shall make use of as many of the following measures as is necessary to adequately protect the worker:

1. Barriers.
2. Barricades.
3. Delineators.
4. Lane control devices.
5. Warning signs.
6. Flashing lights.
7. Flares.
8. Traffic control devices.
9. Blocker trucks.
10. Crash trucks.
11. Sign trucks.
12. Speed control devices.
13. Longitudinal buffer areas. O. Reg. 145/00, s. 21.

(3)  In addition to the measures listed in subsection (2) but subject to section 68, a worker may be used to direct traffic. O. Reg. 145/00, s. 21.

(4)  Every employer shall develop in writing and implement a traffic protection plan for the employers’ workers at a project if any of them may be exposed to a hazard from vehicular traffic. O. Reg. 145/00, s. 21.

(5)  The traffic protection plan,

(a) shall specify the vehicular traffic hazards and the measures described in subsection (2) to be used to protect workers; and
(b) shall be kept at the project and made available to an inspector or a worker on request. O. Reg. 145/00, s. 21.

(6)  A worker who is required to set up or remove measures described in subsection (2) on a roadway or a shoulder of a roadway,

(a) shall be a competent worker;
(b) shall not perform any other work while setting up or removing the measures; and
(c) shall be given adequate written and oral instructions, in a language that he or she understands, with respect to setting up or removing the measures. O. Reg. 145/00, s. 21.

We would like to congratulate the winning team for the day: Becker Bros Towing, consisting of Mike Becker, Larry Pellizzari, Phil Kelly and Kevin Reid with a -9 on the day. Way to go guys. Great golfing!!

We would like to give a big thanks all of our golfers and hole sponsors for their continuing support as well as giving special thanks to the following:

Cardinal Golf Club – 4 passes for 18 holes of golf.

Professional Dispatch Group – Mr. Mark Erdely for sponsoring lunch for the day.

PBL Insurance – Mr. Jay Bentley for the handy note portfolios for the players gift packages as well as items for the prize table as well as sponsoring the closest to the hole contest for both men and women.

Aviva Insurance – Mr. Luis Mesa for some wonderful items for our prize table.

Standard Auto Wreckers – Mr. David Gold – for the awesome T-shirts for the players gift packages.

Metroland Digital – Gold Book – Mr. Greg Turkstra – for the great coupons for advertising.

Canadian Towing Equipment – Mr. Harold Markle – Hole-in-One Contest It is hard enough to hit the green in one shot let alone put that little white ball into the small hole with a flag in it.

Eagle Towing Equipment for sponsoring the Longest Drive – male

Cornwall Towing – Longest Drive – female

Putting Contest – A Towing

The Business Case Self-Regulation by Doug Nelson

Well hello everyone. I have been asked to respond to the negative connotations of Bill 147 as written in the previous edition of this magazine. My only comment on this is that the entire article in my opinion is emblematic of exactly what is wrong with this industry. No doubt, there are those individuals within this industry that are either truly confused or they may in fact be part of the problem we are trying to address. I have yet to hear a truly intelligent argument against this bill.

The thrust of the Self-Regulation Bill we presented to the government back in 2008 was a well-founded reaction to the government being lobbied to regulate the Towing Industry in Ontario. One must first look at the facts to determine why a government would want to look at regulating an industry in the first place. After all, if the industry in question is clearly fair and professional in all its dealings with the public it would be a waste of time to regulate it.

Let’s be brutally honest here, any regulation agenda is driven by consumer complaints. So the question is how does the towing industry stand-up to the integrity and honesty tests? Well let me tell you this. I have personally seen hundreds of invoices where fraud is committed and the public has been abused with grossly exaggerated and extremely abusive pricing. That’s a fact not fiction. That’s not just my opinion but the opinion of the many tow operators I report the complaints to when they come into our office. So what do we do about it? As an industry if we are truly professionals, we must stand up and prove we are above this kind of abuse and prepared to protect the consumer. Let’s face it, the towing and recovery industry is a capital intensive business and we must collectively charge for our services in an appropriate but fair and transparent manner. We must rise above those that cause the problems and defend the industry from those that choose to abuse it with all our might in an honest and fair manner. We must also be prepared to defend those operators that are honest in their dealings.

Back to regulation! It is a proven fact that the government (any form of government for that matter) has little knowledge of this industry so how can they regulate something they know little about without the potential of causing damage. Any government regulation is written with one agenda in mind and that is consumer protection period. If this were to happen how will the government develop the appropriate protection for our services? You can bet pricing will be main thrust of the regulation because this is the lion’s share of the complaints. Perhaps they can consult with the auto-clubs or even worse just decide on their own what the correct pricing should be. We all know what the results of this would be.

The self-regulation bill was developed, funded and presented to the Ontario Legislature by the professional operators in Ontario to answer the needs of everyone. This bill will allow for the industry to protect the consumer from unjust charges, fraud and extortion from those that choose to abuse from within the industry in concert with many government ministries and agencies. It will also provide the opportunity to set standards of operation and ensure that any newcomers will carry the appropriate training, insurance and equipment to properly perform their job. It will provide for the foundation upon which we will build our skills and training requirements. It will provide the opportunity to rid the industry of those that simply jump into the industry and abuse our customers, our friends and our families.

I can assure you that the only form of regulation that will truly protect the public and the industry is self-regulation or a delegated authority model and we must do everything in our power to show the government and the public that we are capable of taking on the task.

Currently, there are many professions and trades that are self-regulating so let’s have a look at some of them. Professions such as lawyers, accountants, doctors and engineers are what are commonly known as knowledge based professions. In other words our colleges and universities offer the education required to receive a degree in the particular profession and are all self-regulated. Other industries in Ontario such as the travel industry, the real-estate industry and the electrical industry etc. are also self-regulated. The common link between these industries is the availability of the required education. There is one other collective element these professions have in common and that is the limited capital investments required to start a business. Once someone is educated in any of the aforementioned professions or industries the capital investment to go into business is relatively low. Rent an office, purchase a desk and a few filing cabinets, install a phone and away you go. There are also few if any restrictive municipal bylaws to deal with.

The towing industry is just the opposite of this scenario. First there is no college or university or even high school that offers an education in the towing and recovery industry. All education comes within the industry through experience, experimentation and practice which are passed down to newcomers from the professionals in the industry that are serious in moving the industry forward. It should also be noted that there is no requirement for any such training, skill or business acumen.

Second, the capital investments to enter the industry are staggering. Today’s tow trucks are neither a minimal investment nor a minor commitment. The smallest of tow trucks will start with a price tag of at least $85,000 dollars and the large trucks you see on the highways can reach an investment of a staggering $500,000 to $700,000 dollars.

To handle the large transport wrecks it can sometimes take 2 or 3 of these wreckers and an extensive list of ancillary equipment. It is not uncommon for the towing industry to attend a collision on our highways with more of a capital investment in equipment on scene than both the fire and police departments combined. The next investment is in the limited, specialized and expensive real-estate to work from and store vehicles. When you add the cost of training, equipment, facilities and communications systems the investment one must make in the towing industry it is astounding.

It is a proven fact that municipal regulation of the towing industry does little to protect the public and does nothing to advance the skill level of those within the towing industry. One only needs to look at the history of public complaints of abusive towing practices to see the dismal failure of municipal licensing. The result of this is precisely why we introduced the self-regulation model to the provincial government in the first place.

We should also examine the disorderly towing response and the resulting confusion and chaos that took place recently in the Sarnia, Ontario area during the recent weather phenomenon. The towing industry took the brunt of the criticism due to removal expense involved which was the direct result of the lack of planning and a disorganized approach to deal with the vehicles trapped on the 402. The Towing Industry Council under Bill 147 would encourage an improved emergency response involving the towing industry with both the Provincial and local governments.

For example, a more effective plan would have been to simply move the stranded vehicles to the left side of the highway and leave them there. This would allow for the snow ploughs to plough the right lane, shoulders and the interchanges. Once this was done it could be broadcast over the local TV and radio stations for the owners to return to their vehicles and the tow trucks would return to the highway and help them get on their way. The ploughing would then continue on the left side of the highway. There are a lot of improvements that can be made in situations like this. The bottom line here is communication, planning and organizing for such an event and if the towing industry is to be involved in such an occurrence it should be part of the planning process long before the event takes place.

With all is said and done there are many benefits to both the consumer and the industry within the proposed self-regulation or delegated authority being;

1. Establish a Consumer Protection System with the essential knowledge and experience to truly protect the consumer;
2. Establishing Training Standards and the levels of skill based upon these standards;
3. Recognition as valuable and professional service providers to the motoring public;
4. A recognized voice at Queens Park and other industries on any issue that has an effect on the Towing Industry;
5. Assisting the government and police by developing a superior service model in clearing highway traffic incidents in a safe and rapid manner;
6. Finding an effective resolution for a fair and equitable system of distributing police calls to those operators qualified to perform such services and do so in a responsible manner;
7. Ending the costly and ineffective regulations at the municipal level;
8. Establishing Standards of Operation and providing the public with quality service at reasonable rates while protecting the public from unskilled operators;
9. Fair rates for the services provided based on the individuals overheads and related expenses of effective operational standards and proper qualifications.

Finally, the entire self-regulation initiative is likely to be decided this year. There have been many supporters of the bill through generous donations of time and money but we are not out of the woods by any means. We continue to have a need for additional time and funding to remain in this all-consuming initiative and we intend on staying the course until it is done one way or another.

In closing, make no mistake about it, Bill 147 is not a done deal and we could still end up with full government regulation. This will be a sad day if it happens. Which would you rather have?