April 6, 1999

TO:Corporate Services Committee

FROM:Chief Financial Officer and Treasurer

SUBJECT:"DROVE-AWAY" PARKING TAGS

Purpose:

To update the Committee with respect to the action taken pertaining to a recommendation contained in the Auditor's review of Parking Tag Operations concerning an alternative means of serving parking tags to drove-away vehicles.

Funding Sources, Financial Implications and Impact Statement:

An increase in parking tag revenue of up to $1.1 million less expenses could be realized if an alternative method of service of parking infraction notices to persons who "drove away" were established that would be acceptable to the Courts and the judiciary.

Recommendations:

It is recommended that:

(1)the Chief Financial Officer and Treasurer, in consultation with the City Solicitor and the Parking Enforcement Unit of Toronto Police Services, report back to the Corporate Services Committee with recommendations pertaining to the implementation of a pilot project which would provide for an alternative method of service of "drove-away" parking tags; and

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background/Council History:

In 1992 and 1993 a small pilot project on "drove-away" parking tags was conducted by the Traffic Support Services Unit of the Metropolitan Toronto Police Service. During this project, approximately 1,000 letters were mailed to persons who "drove away". While some payments were received as a result of these letters, the Traffic Support Services Unit did not have the personnel to follow up with personally served summonses under Part III of the Provincial Offences Act to persons who did not pay. As well, there were legal issues raised as to the timeliness and validity of the process. As a result, the pilot project was canceled.

Discussion:

The "drove-away" issue was raised again in the 1998 Auditor's review of Parking Tag Operations. Parking Tag Operations staff and staff from the Parking Enforcement Unit met a number of times to discuss this issue. It became apparent that there were basically two solutions; either use the existing provisions of the Provincial Offences Act or request the Province to amend the legislation to provide for an alternative form of service for "drove-away" parking tags. After further discussions with City Legal, it is felt that using Part III of the Provincial Offences Act could be a viable approach provided that the issues raised in the previous pilot project were addressed and that some changes to the various parking by-laws were made. The proposed process would include the sending of a letter to the owner of the vehicle plate within 2 to 3 weeks of the alleged offence. The letter would outline the options available and the resulting personally served summons and trial should the plate owner choose to ignore the notice.

Conclusion:

The use of Part III of the Provincial Offences Act is extremely labour intensive. Part III involves the swearing of an information and the production of and personal service of a summons. As well, an initial letter to the plate owner would have to be created and mailed. At this time it is not known whether or not utilizing this process would be cost effective.

It is therefore recommended that the Chief Financial Officer and Treasurer, in consultation with the City Solicitor and the Parking Enforcement Unit of Toronto Police Services, report back to the Committee with recommendations pertaining to the implementation of a pilot project which would provide for an alternative method of service of "drove-away" parking tags.

Contact Name:

Bryan Kerr

Manager, Provincial and Parking Offences

392-5880

W. A. Liczyk

Chief Financial Officer

& Treasurer