By-law to Amend By-law No. 20-85 - Accident Towing - Mandatory

Drop and Accreditation of Vehicle Repair Facilities

The Emergency and Protective Services Committee recommends that:

(1)the report (May 15, 1998) from the General Manager, Toronto Licensing, be adopted subject to Recommendation No. (3) contained therein being amended to read as follows:

"3.An appeal process to the Toronto Licensing Tribunal be approved;"

(2)in the interim, until the mandatory drop comes into effect, the operators of the collision reporting centres be permitted to cover up the signs in the centres;

(3)the collision reporting centres be requested to report to the Emergency and Protective Services Committee on a program to improve customer relations; and

(4)the necessary bill be introduced in Council to give effect thereto.

The Emergency and Protective Services Committee submits the following report (May 15, 1998) from the General Manager, Toronto Licensing:

Purpose

This is a status report on the implementation of the accreditation of vehicle repair facilities. Approval for amendments to the licensing by-law sections relating to collision reporting centres and the implementation of the mandatory drop/accreditation program are sought.

Funding Sources, Financial Implications and Impact Statement

No new financial implications are resulting from this proposed interim program. The participating vehicle repair facilities will fund the accreditation program. Payment for accreditation services will be made to a private contractor. The Toronto Licensing Commission will provide support to the program in providing computerized database support to maintain the list of accredited vehicle repair facilities.

Recommendations

It is recommended that:

1.By-law 20-85, Schedule 24 be amended to:

a) Implement the mandatory drop and the accredited vehicle repair facilities system on July 2, 1998;

b) specify the criteria a vehicle repair facility must meet to qualify for accreditation;

c) revise "forms as approved by the Commission" to "forms as approved by the Commissioner of Urban Planning and Development Services or her/his designate";

d) Describe an Appeal Process for applicants who are refused accreditation;

2.The recommendation of the Working Group, for an interim accreditation program, operated through the Toronto Licensing Commission and by Reg Quinn Ltd. be approved and the existing contract with the Toronto Licensing Commission be amended accordingly;

3.An appeal process to either the Toronto Licensing Tribunal or the Commissioner of Urban Planning and Development Services be approved;

4.A review of the need to continue the interim program be conducted within the next six months; and

5.The appropriate City of Toronto Officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History

This report is generated in response to a request made at the December 10 and 18, 1997, Metropolitan Council meeting, i.e., the General Manager of the Licensing Commission (TLC), report on the status of amendments to the sections of the licensing by-law, By-law 20-85, concerning the regulation of tow truck operators and collision repair centres (CRC) and report on whether an extension should be permitted for the implementation of the mandatory drop and the new accreditation system. The full background report on earlier amendments to By-law No. 20-85 - Accident Towing is attached as Appendix A.

This report addresses: the creation of an accreditation system for auto body repair facilities and the timing of the regulations that create a mandatory requirement that tow truck operators drop accident-damaged vehicles at the CRC. This mandatory drop/accreditation system is designed to provide the owners of vehicles towed to and dropped at a CRC, with a broad-based list of accredited body shops. This system was developed as an alternative to earlier practices where tow truck operators towed accident-damaged vehicles to their preferred shops, or insurers at CRCs recommended repairs be performed at one of the limited number of their preferred shops. With regard to implementing this accreditation program, Metropolitan Council, on December 10 and 18, 1997, recommended:

a Working Group comprising of industry representatives be established to assume full responsibility for working out the details of this program which would be exclusively industry-directed. The role of Metropolitan Toronto prior to final approval of the program, will be to assist with complaints, to adjudicate on problems and to provide due process.

This Working Group is composed of: Ed Kemenoff, John Babiar, Ralph D'alessandro, Sam Saccola and Tony DiSanto from the Toronto Collision Repair Society; and, Julius Suraski, John Keen, Sandra Driesel, Jim Caranci and Mike Wines from the Independent Auto Repairer's Association.

Comments and/or Discussion

Accreditation Process

Councillor Kinahan has convened regular meetings with the Working Group and TLC staff where details of an accreditation program have been worked out. At its last meeting of May 12, 1998, the working group recognized that the ground work for implementing an accreditation system was in place and voted unanimously for an extension from June 18, 1998 to July 2, 1998, of the implementation of the mandatory drop of vehicles at CRCs and the accreditation system. This was recommended to ensure sufficient time to produce a comprehensive list of accredited facilities.

Criteria/ Application Form

The basis of this accreditation system is that a vehicle repair facility is accredited and placed on the "list of accredited vehicle repair facilities" when a facility meets the set of criteria agreed upon by the working group. These criteria are listed in Appendix B. Applicants prove they meet this criteria by completing an application form (attached as Appendix C) showing they have the necessary equipment, expertise and procedures, and passing an on-site inspection conducted by an independent contractor.

As stated above, the original expectation was that the accreditation program be industry-directed. However, time limitations and the possibility that the Provincial government will implement a province-wide accreditation program have convinced the working group to support an interim accreditation program operated through the Toronto Licensing Commission.

With the approval of the working group given at the meeting of May 12, 1998, Reg Quinn Ltd., the contractor which presently provides mechanical inspection service for the Toronto Licensing Commission, was approached. The company was asked to submit a proposal to expand its existing contract by developing a short term program to process application forms and inspect and accredit vehicle repair facilities. The submission from Reg Quinn Ltd. is attached as Appendix D.

List of accredited vehicle repair facilities

Under the interim accreditation program, the contractor provides to the Toronto Licensing Commission the names of the facilities approved for the list of accredited vehicle repair facilities. The Toronto Licensing Commission will maintain a compiled list of accredited facilities and make this list available for distribution to users. In accordance with the By-law, CRC owner/operators will provide a copy of this list to vehicle owners at the CRCs.

The Toronto Licensing Commission will store the data of the eligible facilities in a computerized database, update the database with additions and changes, regularly produce lists and transfer to the CRCs a list accredited facilities ordered geographically. The Toronto Licensing Commission will work with the CRCs to finalize details of operating the computerized database system.

Appeal Process

An appeal procedure will be required for the occasions when applicants do not satisfy the criteria for the accreditation of their auto body facilities. This inability to conform may be due to a lack of particular equipment or a difference of opinion regarding modified equipment.

The following is a proposal for the appeal process.

Once an application for accreditation is received the General Manager, through the Toronto Licensing Commission contractor, will investigate the application for conformance with the approved criteria. In the event that an application does not conform with the approved criteria, the applicant will be advised by mail that their application has not been approved and that they may appeal this decision. The applicant will be able to appeal the decision by advising the contractor, in writing, of their wish to appeal.

Two alternatives for where an appeal will be heard are proposed. The findings of the contractor and the request for an appeal will be reported for a decision to: either the Licensing Tribunal or to City of Toronto Council who may delegate this responsibility to the Commissioner of Urban Planning and Development Services.

1)Appeal to the Toronto Licensing Tribunal

Given the current workload of the Licensing Tribunal will mean there will be a minimum of three months hiatus from receipt of the appeal to the Tribunal Hearing. The benefit is that the conduct of the Hearing is prescribed by the Statutory Powers Procedure Act.

2)Appeal to the Commissioner of Urban Planning and Development Services

The appeal to the designate of Council could move along much faster although the procedure would be more informal.

As was indicated earlier in this report, this proposed accreditation program is an interim process. It is unlikely that there would be any desire to carry an appeal beyond the decision of the Licensing Tribunal or the Council designate's decision.

Other Issues/approval of forms/New City of Toronto

Section 18(2) of schedule 24, part 6, and section 33 of schedule 37 refer to "a form approved by the Commission". This approval needs to be re-assigned to Council due to the restructuring of the Toronto Licensing Commission and the re-assignment of administrative functions. It is recommended that this administrative function be delegated to the Commissioner of Urban Planning and Development Services or her/his designate.

Furthermore, references to "Metropolitan Toronto" and the "Municipality of Metropolitan Toronto" should be revised.

Summary of necessary By-law Amendments

To implement the above-described interim accreditation program, it is recommended that the By-law be amended to:

1. implement the mandatory drop and the accreditation vehicle repair facilities system on July 2, 1998;

2. specify the criteria a vehicle repair facility must meet to qualify for accreditation;

3. revise "forms as approved by the Commission" to "forms as approved by the Commissioner of Urban Planning and Development Services or her/his designate";

4. Describe an appeal process for applicants who are refused accreditation.

Summary of necessary administrative actions

To implement the interim accreditation program recommended by the working group, approval is required for:

1. an interim accreditation program, operated through the Toronto Licensing Commission and by Reg Quinn Ltd. and;

2. an appeal to either the Toronto Licensing Tribunal or the Commissioner of Urban Planning and Development Services be approved.

Conclusions

This report recommends a two week extension of the implementation of a mandatory vehicle drop/repair facility accreditation system. This extension is proposed to ensure wide participation from the approximately six hundred eligible vehicle repair facilities and should not be interpreted as anything more than a temporary delay.

The proposal to amend the current contract with Reg Quinn Ltd. To facilitate the accreditation of vehicle repair facilities is proposed as an interim measure. It is understood that the accreditation process will be assumed by the Provincial Government or the industry. As the program was originally approved as exclusively industry-directed, review of this situation within the next six months is recommended.

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The following persons appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

-Ms. Lynda L. Ciaschini, B.Sc.(Psych.), LL.B., Barrister and Solicitor, Mediator & Arbitrator, Notary Public, Woodbridge;

-Mr. Steve Cameron, North York;

-Mr. Michael Wines, Recruitment Manager, Independent Auto Repairer's Association, Toronto;

-Mr. John Long, Downtown Towing, Toronto;

-Mr. Julius Suraski, Member, Independent Auto Repairer's Association, Downsview;

-Ms. Sandra Driesel, Member, Independent Auto Repairer's Association, Scarborough;

-Mr. John Norris, Member, Independent Auto Repairer's Association, Hamilton; and

-Mr John R. Keen, Member, Independent Auto Repairer's Association, Toronto.