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In the last couple of weeks I figure I dedicated at least 50 hours a week answering telephone calls and questions from tow operators in Ontario concerning Bill 87.It has been exhausting to say the least.

Many ask what I think of Bill 87? Others praise it. Some say they're confused and others ask how do we put this Bill in the ditch. There have been begging and pleading sessions that I participate and help set up an association to appose the PTA and Bill 87.

Since I don't have another 50 hours to dedicate to the cause I will state my position. For clarification purposes I don't know who ever gave the impression that I was willing to establish or revive a second association to appose this Bill.

My personal point of view is one that self-regulation would be very good for the Ontario towing industry. This would finally allow the industry to mature and set a standard of professionalism for our industry across Canada. Some of the benefits to self-regulation are that it creates an industry balance that all members of the industry are treated equal. The money that is collected establishes a fund for the sole purpose to benefit the industry and not other municipal expenditures as evidently it currently stands. As a result self-regulation would assists the industry to develop a higher standard of ethical practices that strengthens industry to secure better paying jobs and effectively responds to concerns by people who are knowledgeable of the industry.

Everybody is responsible for their choices. If you want respect you must give it before you receive it. Why should a non profit, budget refined association cater to you if you are not a paid member of the association. For example, the CAA effectively lobbies many issues in Canada. Do you receive notices from them if you're not a member? Do they send you their magazine if you're not a paid member? Do Canadians run out and start automobile associations every time they disagree with the CAA. No. No. And NO.

The idea of industry associations was to give people an opportunity to take a stand and approach industry with what we believe. People are not supposed to always agree and of course this will never happen. The purpose to associate provides an avenue for members to decide if they wish to stand-up, sit-down, shut up or even be neutral about a subject.

Not to disrespect one's point of view, or attempt to claim any individuals concerns as invalid, but one of the reasons why our associations are struggling to survive and the industry often becomes divided is because we don't pay attention until we disagree and people feel the only solution to get their own way is to form another association. These associations never go any where's because there's never enough money to fund them. This is why issues of importance are always at arms reach, we never achieve industry goals and government is able to snowball us with inappropriate laws. Most importantly the industries point of view never gets the respect from those we need it from.

I look at many associations and see the same people always putting their heart and soles into the association's success. They drop their families, business and spend many hours and personal expense running around hoping they make things right to get more people involved . They usually work their butts off to find most are too busy. Many tow operators don't make don't have time for associations, yet they always know who to call when they need help. When you suggest non-members become a member the cheques always in the mail, but ironically it never arrives. When its time for an election or create goals people are still too busy relying on the same people to carry on industry responsibility.

When these same old people achieve success who pats them on the back for a job well done? I can recall recent achievements in Tow Canada from Ontario and question who responded to appraise the board for a job well done. I'm still loooooking. It just goes to show many are willing to rake the benefits, but not willing to demonstrate association when they feel something has rocked the boat.

Again, this is not to insult or disrespect anyone. It's my way of gripping that tow operators need to give a little, get involved more, and stop exhausting others from trying to get on with it. Somebody has to take the lead. If people are not going to participate or support associations they should clearly realize we live in the real world and it was their choice in beginning if they wanted to participate or not. The perfect world is far for many, yet the shakers will move on and when they do misunderstandings will arise and sometimes mistakes will happen working in the real world.

I personally have always been curious about many regulations, polices, by-laws and legislation that surrounds the towing industry in Ontario. When I read or hear about this the first thing that comes to mind is the well known theory that the largest offender known to legislative law in Canada is the government. One can only assume if they were so politically correct to begin with, we wouldn't be electing a new one every few years to fix the other's mistakes.

There is a lot of history behind regulation and de-regulation of the trucking industry. To simplify it, regulation of the trucking industry was a joint agreement in the 1930's between the U.S. and Canadian governments because they feared the invention of the transport truck would harm and put government owned railroads at a competitive disadvantage.

The idea of de-regulation and self-regulation was brought upon by government when they implemented the Free Trade and the Internal Trade Agreements. These agreements caused the ten provinces to remove many red tape issues that were previously controlled by government affecting businesses. The purpose of this agreement was to eliminate barriers to trade and mobility rights while making sure government policies and practices do not have the effect of creating obstacles to trade and allowing industry to regulate its self.

With this came deregulation of the trucking industry and an extended agreement between Canada, the United States and Mexico. All governments agreed the federal governments would develop safety standards, harmonize laws and hand responsibility of inter and extra-provincial trucking over to the provinces.

In 1986 when the trucking industry de-regulated two major changes happened in the towing industry. The first being the towing industry became a wide open market where the government could no longer interfere with trucking operations. This allowed load brokers, or third party non-transportation companies to freely come in and take over the bulk of market share. With marketing powers far beyond many small family owned businesses the middle man was able to transform the industry into price takers because market share was quickly swallowed by the middle man who now control market distribution of services.

With de-regulation, all the provinces adopted a set of federal regulations called Commercial Compliance. Tow truck operations in every province, including the United States and Mexico must adhere to these policies. All with the EXCEPTION of Ontario, so I'm told.

Tow operators in Ontario often say they are exempt from these rules because they are an emergency vehicle. Out of province operators often call me complaining they are exempt from these rules in Ontario, yet when they jump the border they are being nailed for compliance infractions. Since the same type of tow operations work in every province, including the United States and everyone must follow the rules, it certainly makes one wonder why the government of Ontario has been able to exempt towing operations from these rules.

Emergency vehicles such as ambulance and fire trucks are exempt from these regulations because the onus rest with government to make sure the public service that tax payers pay for is not delayed in an emergency situation when a life is, or could be at risk. For these reasons the provinces have similar statutes to what the PTA is proposing and they develop their own standards and polices in the protection of the public and the people employed in the profession.

When it comes to tow operators in Ontario being so-called exempt from these regulations people are often confused, dispute it, or curious how the industry pulled it off. I've even had the odd inner chuckle of some claiming fame for this exemption. I have never been able to find where the industry itself pulled this off; however, I have come to my own conclusion that the government of Ontario engaged in a series case of cross-reference legislation to benefit baffled municipalities in dealing with consumer complaints. While consumers concerns were addressed tow operators were thrown into a state of legal confusion. This resulted in many municipalities introducing unfair bylaws which in many cases put tow operators at an inequitable disadvantage. In addition, I believe tow operators have been tossed in the middle of entwined laws that that anyone would fear economic frustration or ruin if they attempted to challenge them.

My theory is one that when Ontario started playing with laws and adapting to new federal policy they had to be creative. Their solution to municipal problems was to remove the idea that tow trucks are part of the transportation industry exempt them from Commercial Compliance and re-classify them under the Highway Traffic as local vehicles-for hire. The province then moved on to restructuring the Municipal Act granting municipalities more authority to establish by-laws and implement local licensing and policies for tow trucks. Smart move on the province's part so they don't risk future liability if the authority was challenged.

This brings about many questions and arguments for tow operators working in the province of Ontario. If all levels of government are party to the federal trade agreements then why are many tow operators in Ontario paying licensing fees every time they cross a municipal line when they are not established business in that community? Why are municipalities establishing geographical entry, hampering mobility rights and breaching federal competition policy? Municipalities say because tow trucks are carrying on business and it's required for consumer protection. Consumers have rights and so do you the rest of Canadians.

Others say tow trucks are for-hire carriers. For hire carriers are defined in many statutes as someone who carries passengers, or express freight within the cab of their vehicle. When operators write up their tow invoices is it written they towed a 25 year old female with blonde hair and sexy legs? Do they get paid for towing a person, or do they get paid to transport or service a vehicle. How many of you have towed a customer's vehicle that actually fit inside the cab of your truck?

Clearly, tow truck operators are paid to transport motor vehicles. They are a truck and are part of the transportation industry. Tow trucks were not designed to transport people they were designed to transport vehicles. The provincial and municipal governments derive their authority to regulate transportation services under the federal Motor Vehicle Transport Act. Taxi cabs can still be regulated because they are not trucks and second any segment of the transportation industry e.g. airlines, railcars that are capable of transporting X amount of passengers for gain are still regulated in many aspects to protect the safety of our citizens.

Many towing companies in Ontario are paying thousands to license their business, drivers and tow trucks with municipalities. The Constitution of Canada permits the government to license businesses. Yet, municipalities in Ontario license tow truck drivers and tow trucks as if they are passenger vehicles and a feeding frenzy duplicating many policies already imposed by provincial authority.

A few years ago the Ontario government wanted to cap the prices of towing services to accommodate the budgets of the insurance industry. Concerns were raised about the legality of this approach given the terms of the Competition Act. It was suggested that if the province of Ontario capped towing prices at $300 the province may be accountable for contravening the federal Competition Act, because it would impose uniform pricing on tow operators.

Okay, I may have smoke screened thinking going on here, but if the province could be charged under the Act then I ask how can a municipality legally pass a by-law telling towing operators what they can and can not charge, or what services must be included in that price. Some municipalities realized this and made several changes to how their by -laws imposed pricing policies and distributes calls such as police work to the towing industry.

I suppose many of our questions could be answered by a Competition court or through a tribunal hearing with the Internal Trades Commission. These laws do apply to the towing industry because if they didn't I can assure you tow operators in Ontario would have their rates capped right now at $300.

In 2006, the Municipal Act of Ontario was amended allowing municipalities more authority to regulate private business. As issues arise, municipalities will continue to use this leverage to their advantage and you will see more and more regulations and policies imposed on the towing industry as municipalities attempt to deal with industry and consumer concerns as well as raise money for their municipal coffers.

Another reason you possibly don't know is because it hasn't spread to your area yet. If everybody doesn't have their glove in your pot yet, they will. If you're not paying municipal licensing fees and being regulated by inferior by-laws, eventually you will. If you don't have a personal secretary who strictly deals with where and what geographical jurisdiction your wheels are moving, you will.

Until now there has been no attempt to correct the many problems tow operators are faced with in Ontario. If issues similar to the above are not dealt with, or properly researched then problems will continue to spread like cancer. The industry will continue to he highly fragmented and municipalities will continue to gain more control of the industry.

Somehow the introduction of self-regulation started off on the wrong foot. Personally attacking individuals will not strengthen concerned operators. It will break the chain of command for tow operators to unite as valuable time will be lost on issues of great importance to the industry. Towers need to look at the wider scope of how things have been going to the wayside and realize municipalities need to have their newly formed authority stripped from them in regulating this industry