Calgary committee members recommended that city council approve bylaw changes allowing for a potentially stiff fine for what they’re calling predatory tow truck behaviour on city roads.

Calgary’s Community Development Committee unanimously approved new rules that prevent tow truck drivers from stopping within 200 metres of any vehicle involved in a motor vehicle crash or other motor vehicle incident.

It still needs final approval at an upcoming full meeting of Calgary city council.

The bylaw states the onus is on tow truck drivers to prove they are attending the scene by request of an officer, the Calgary Fire Department or the owner/operator of the vehicle involved.

The fine for improper parking or stopping would be $10,000, according to the proposed new bylaw. That is the maximum allowable fine a municipality can administer. Councillors were told, however, that there is a mechanism in place under Calgary’s city charter that would allow them to apply for a fine of up to $100,000 if an offence was deemed egregious.

Lorna Kearnes with the City of Calgary’s policy and bylaw development said that both Calgary firefighters and police had seen the practice happening at local crash scenes. Kearnes said CPS has noted a decline because predatory tow companies don’t want to get caught by police.

“These operators are charging customers thousands of dollars in towing mileage, storage and administrative costs, among other fees. In some cases, tow truck operators are harassing customers involved at motor vehicle incidents to solicit tow services from them,” Kearnes said.

“In addition, some tow truck operators have been harassing first responders on the scene of a motor vehicle collision, impeding their ability to provide assistance to the victims of the accident. Tow truck operators have been arrested at some collision scenes for this behaviour.”

General support among legit tow operators

Several towers spoke at the Feb. 6 meeting, along with representatives from the Alberta Motor Association.

Garry Leach, president of the Towing and Recovery Association of Alberta said this issue is extremely important for their members, but also for those involved in crashes, visitors to Calgary and the insurers.

“The Towing and Recovery Association of Alberta is vehemently opposed to the unscrupulous actions and conduct of these predators who have now invaded the previously professional manner of service delivery to law enforcement vehicle owners and operators and the insurance industry in Alberta,” he said.

“We fully and unconditionally support the efforts of the City of Calgary to combat the unprofessional and possibly illegal activities of these predators through the passage of this proposed bylaw and or its amendments.”

According to the city admin report, the average cost of a predatory tow is around $4,000. They said that CPS informed them that’s around 11 times higher than a typical 50 kilometre tow.

“In addition, some tow companies have been using private impound lots that are not secure and property has been stolen from vehicles while in their custody,” the report read.

Councillors did question whether ancillary tow vehicles would be allowed on the scene to help with scene security and with safety and were assured the bylaw does take that into account.

Ward 14 Coun. Peter Demong, whose office—spearheaded by assistant Devin Elkin—helped push this matter forward, said this is a piece of good work by all.

“Committee and chair, I am incredibly proud of our administration for getting through this bylaw, prepared in coordination with our first responders so quickly,” he said.

“This is a problem that we are now aware of. We have a solution in front of us.”