Both Erin and Centre Wellington are taking a different approach to dealing with the proposed county-wide towing bylaw.
In Erin, council decided it would not support the bylaw. OPP Inspector Scott Smith was at council and provided councillors with the reasons for such a bylaw.
Past operator Scott Mooney spoke against it. He suggested the bylaw could include Section 172, part 2 of the Highway Traffic Act, which states “No person shall park or stop a tow truck on the King’s Highway within 200 metres of,
– (a) the scene of an accident or apparent accident; or
– (b) a vehicle involved in an accident,
– if there is a sufficient number of tow trucks already at the scene to deal with all vehicles that apparently require the services of a tow truck.”
Erin Mayor Lou Maieron said council did not reject the bylaw outright, but simply sent it back to the county for another look. He said neither Smith nor Mooney objected to having that section included in the bylaw.
Maieron said in an interview that perhaps the next step might be to licence tow truck operators to work in Wellington County.
Centre Wellington
Centre Wellington council’s committee of the whole voted to approve the bylaw on Monday, but with an amendment, after hearing four delegations.
Private operator Roy Loveless, of the Fergus area, said after he left Puslinch council he realized instead of opposing the bylaw he should be seeking changes.
He sees it making it illegal to stop and render aid to someone unless he parks 200 metres away. “If I can help people right away instead of walking 600 feet …” He fears the way the bylaw is written, police will have very little discretion.
Mooney said, “I got a feeling an enactment of this bylaw will have negative effects on people who want to get started in towing.”
He said he had problems with the Wellington County Tow Group “from day one.” He offered bylaws from Markham and Mississauga to consider. He said the OPP has stated it is concerned with “pirates,” but said this bylaw does not cover such practices. He added 200 meters away from an accident scene in a town is restrictive.
Mooney said the reason tow truck drivers want work at accidents is it is more lucrative than other types of calls. If a car battery dies, the fee might be $50, but when police call tow trucks for crashes, fees jump because other towing customers have to wait.
Councillor Fred Morris asked Mooney which group he supports, and Mooney replied, “Neither group.”
Bob Goodliffe spoke for the county tow group. He said anyone speaking against the bylaw is out for one thing, and that is to “victimize vulnerable people. They only want to go and solicit accidents, and that’s it.”
He said Mooney did not meet his group’s requirements when he attempted to join it.
Goodliffe, who has been in business for over 30 years and has family now doing that work, told council it should just pass the bylaw. He said if anyone has had an accident and had their car end up in Toronto, they would understand why the bylaw is being considered.
As for being afraid to stop and aid an accident victim, he said he did not care what the fine is – if he could help people, he would. “We’re humans.”
He said the bylaw is to prevent people from having a police scanner in their car. He said in Hamilton people in limousines offer accident victims free rides home if they use the tow truck the limo driver calls.
He said Guelph will be getting an accident call centre, and that is why outsiders are moving into southern Wellington.
As for claims that “first responders” (tow truck drivers who cruise around looking for work) can provide first aid, Goodliffe said, “You don’t want me putting a splint on your arm … That’s not my job.”
Councillor Walt Visser said he had looked at the Markham and Mississauga bylaws, and they have the same 200 metre restrictions.
Goodliffe also said anyone is welcome to join the tow group. It has written qualifications for new members to meet.
Smith said there is a concern in Wellington County things could happen to residents that had happened to Puslinch councillor Susan Fielding. Council had a letter from her supporting the bylaw.
Smith said many of the objections are a “smokescreen” and police carry a list of towers. There are 14 in the tow group, but police also work with several independent towers. He said the bylaw does not prevent someone from stopping and giving aid to victims of an accident.
Councillor Steve Van-leeuwen said the main issue is safety. He suggested merging two sections of the Highway Traffic Act, taking one section from it that had not been included, and allowing it to become part of the bylaw.
Vanleeuwen said he is leery of putting something into a bylaw that is considered “common sense,” and prefers to have everything spelled out.
“Why should we leave something unclear?” he asked.
Council finally agreed to pass the bylaw – with that amendment.
