39 (1) Every tow driver’s certificate holder shall comply with any reasonable direction given to the holder by a police officer, inspector or firefighter who is present at the scene of a collision. 2021, c. 26, Sched. 3, s. 39 (1). Same (2) Every tow driver’s certificate holder shall comply with a direction of a police officer or inspector who is present at the scene of a collision to, (a)  leave the scene of the collision; or (b)  stay at least 200 metres away from the scene for such time as the police officer or inspector may direct. 2021, c. 26, Sched. 3, s. 39 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 39 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 22) Compliance with directions at collision scene 39 (1) Every tow truck driver shall comply with any reasonable direction given by a police officer, inspector or firefighter who is present at the scene of a collision. 2023, c. 9, Sched. 36, s. 22. Same (2) Every tow truck driver shall comply with a direction of a police officer or inspector who is present at the scene of a collision to, (a)  leave the scene of the collision; or (b)  stay at least 200 metres away from the scene for such time as the police officer or inspector may direct. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 22 - 01/01/2024 Note: Sections 40 to 45 of this Act come into force on a day to be named by proclamation of the Lieutenant Governor. Restricted Towing Zones Restricted towing zones 40 No person shall provide or offer to provide towing services in a restricted towing zone, except as permitted under section 41. Designation of restricted towing zones 41 (1) A King’s Highway or parts of a King’s Highway may be designated in the regulations as a restricted towing zone, and the Director may authorize a tow certificate holder to provide towing services in that zone. Same, municipality (2) A prescribed municipality may by by-law designate any highway or part of a highway under its jurisdiction as a restricted towing zone, and may authorize a tow certificate holder to provide towing services in that zone. Prohibition (3) If a tow certificate holder has been authorized to provide towing services in a restricted towing zone, no other tow certificate holder shall provide or offer to provide towing services in that zone. Exception (4) Subsection (3) does not apply with respect to the provision of towing services to a person in charge of a police department vehicle, a road service vehicle or other motor vehicle owned or operated by or on behalf of the road authority that has jurisdiction and control over the highway, or a person acting under the direction of a police officer or road authority. Tow trucks to be marked 42 (1) A tow certificate holder authorized under section 41 to provide towing services in a restricted towing zone shall ensure that every tow truck it uses to provide the services in that zone, (a)  displays the holder’s name; and (b)  displays, in a clearly visible position on each side of and on the back of the tow truck, a sign showing the holder’s authorization to provide towing services in the zone. 2021, c. 26, Sched. 3, s. 42 (1). Same (2) No tow driver’s certificate holder shall drive a tow truck displaying information described in clause (1) (a) or (b) unless the holder is driving the tow truck on behalf of the authorized tow certificate holder. 2021, c. 26, Sched. 3, s. 42 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 42 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 23) Tow trucks to be marked 42 (1) A tow certificate holder authorized under section 41 to provide towing services in a restricted towing zone shall ensure that every tow truck it uses to provide the services in that zone, (a)  displays the holder’s name; and (b)  displays, in a clearly visible position on each side of the tow truck, a sign showing the holder’s authorization to provide towing services in the zone. 2023, c. 9, Sched. 36, s. 23. Same (2) No tow truck driver shall drive a tow truck displaying information described in clause (1) (a) or (b) unless they are driving the tow truck on behalf of the authorized tow certificate holder. 2023, c. 9, Sched. 36, s. 23. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 23 - not in force Documents to be carried 43 Every tow driver’s certificate holder driving a tow truck in a restricted towing zone on behalf of an authorized tow certificate holder shall carry proof of the authorization. 2021, c. 26, Sched. 3, s. 43. Note: On a day to be named by proclamation of the Lieutenant Governor, section 43 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 36, s. 23) Documents to be carried 43 Every tow truck driver driving a tow truck in a restricted towing zone on behalf of an authorized tow certificate holder shall carry proof of the authorization. 2023, c. 9, Sched. 36, s. 23. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 23 - not in force Dispatch Services Dispatch services 44 (1) One or more dispatch services may be designated by the regulations for the purpose of governing the dispatching of tow trucks or prescribed classes of tow trucks. Requirement to use (2) The persons specified by the regulations shall use a designated dispatch service in accordance with the regulations. Penalties and Offences Administrative penalties Purpose 45 (1) An administrative penalty may be imposed under this section in order to promote compliance with this Act and the regulations. Order imposing administrative penalties (2) If a prescribed person is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a prescribed provision of this Act or of the regulations, the prescribed person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. May only be imposed on prescribed persons (3) An administrative penalty may only be imposed on a person who belongs to a prescribed class. May be imposed with other measures (4) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act; however, an administrative penalty may not be imposed if the person is charged with an offence under this Act in respect of the same contravention or failure to comply. Limitation (5) An administrative penalty may only be imposed within the prescribed time period. No right to be heard (6) There is no right to be heard before an order imposing an administrative penalty is made. Appeal (7) A person who is subject to an order imposing an administrative penalty may, in accordance with the regulations, appeal the order to a person or entity prescribed for the purpose of this subsection, who may confirm, vary or set aside the order. Same (8) An appeal commenced under subsection (7) operates as a stay of the order until the matter is finally disposed of. Parties to judicial review (9) The parties to any judicial review brought in respect of this section are, (a)  the person subject to the order imposing an administrative penalty; and (b)  the prescribed person referred to in subsection (2). Maximum administrative penalty (10) An administrative penalty shall not exceed $100,000 or such lesser amount as may be prescribed. Enforcement (11) If a person fails to pay an administrative penalty in accordance with the terms of the order imposing the penalty, the Director may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court. Same (12) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order. Same (13) An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such.