Lack of insurance, driver's license forces council to revoke Tony's Auto towing contract

TAUNTON - Tony's Auto Wrecking will no longer be working as a tow contractor for the city. The City Council revoked its contract on Dec. 19 at the request of Police Chief Edward Walsh who found that owner Scott Souza had been working for the city without proper insurance or a valid driver's license.

"We did some research based upon the insurance that he is supposed to be required to have. Relative to the garage keeper's liability, it shows that his policy expired on April 15, 2023, and his automotive insurance expired on Jan. 18, 2023. Both of these items show that during this period of time he had no insurance on either his vehicles or the required liability insurance required by the city," Walsh said.

The Chief also received documentation from the Registry of Motor Vehicles, dated May 2023, that Souza's license would be suspended on June 10 until he rectified a child support issue.

"Additionally, I went through the department's records for Tony's Towing for the period of time that his license was suspended, based upon that I have approximately 50 times that he towed for the City of Taunton under Tony's in which his license was suspended," Walsh said. "That is 50 instances in which potentially we could have charged him criminally for operating after suspension, it is 50 instances where if something had happened because of the tow that the city would have been liable, and we would not have been covered under the insurance."

Based on these issues, Walsh was asking the City Council to revoke the contract with Tony's Auto Wrecking.

"Bottom line issue for us is whether he has a material breach of the contract relative to his driver's license and insurance," Walsh said. "Based upon the information that has been presented to us, I would still recommend that we revocate the contract with Tony's."

Tony's Auto owner was not aware of license suspension, insurance lapse

Souza claims he was not aware until October 2023, following an inspection of his business by Sgt. Joseph Balmain, that his license was suspended in May for a child support infraction. Following that notice he went to the Registry of Motor Vehicles, provided proof of child support payments and his license was reinstated.

Souza also asserts he was unaware his insurance lapsed.

"I found out recently through my insurance company that there was a mistake in my policy, and I wasn't covered through that time," he said. "I am not going to try to sugarcoat anything, I made a big mistake with that, and I currently am fully covered by both insurances and will not make that mistake again."

Walsh said the police department is only notified when someone has a suspension due to OUI.

IN OTHER NEWS: 'Spiritual turmoil and hell': Taunton man says priest abused him as child at Lake Sabbatia

City Council members express concern

Councilor Barry Sanders echoed the chief's concerns, asking Souza if he had additional information to provide that says in fact his insurance and license were valid during this time.

"If you can show us that what the chief said is not accurate, I am all about hearing that but otherwise I do not see how we can move forward with allowing you to continue to tow for the city," he said.

Councilor Jeffrey Postell agreed, adding "I take issue with everything with it. I just quickly counted 50 times that vehicles were towed within the time frame since April 15, 2023, where we are showing that the insurance was not valid. Looking at it from a liability perspective it is a huge liability for the city, and it is a huge liability and risk for yourself and that concerns me."

"As much as I too support business and am not looking to put anyone out of business, the information that we got this evening, I could not go against what the chief is saying," said Councilor Estele Borges. "This is the route we need to go to protect the city."

Councilor Kelly Dooner added, "These hearings are not easy, but we have to do what is in the best interest of the city and the residents and I definitely have concerns that it is a liability for the residents and the city as a whole."

PROVIDING SHELTER: Raynham hotel will be shelter for homeless and migrants. Impact on schools?

Borges added that moving forward the city needs to provide better checks and balances regarding the tow contracts so that the city is aware of potential issues sooner.

Ultimately councilors voted 7-2 to revoke the city's contract with Tony's Auto Wrecking. Councilors David Pottier and Lawrence Quintal voted against the revocation.

Tow company inspections revealed these issues

Balmain inspected all six towing companies contracted with the city following a discussion by the City Council on Sept. 5 about motor vehicle debris being left at accident sites by the towing companies. While Balmain said no complaints regarding cleaning streets were revealed during his inspections, he did identify several violations, most with Tony's Auto Wrecking of 303 Broadway.

The city contracts with six towing companies - Perry’s Towing & Service, Harry’s Auto Wrecking, Armand’s Garage, Mac’s Garage & Towing, R & F Motors, Inc., and Tony's Auto Wrecking. According to Balmain, four companies passed the inspections without issue. Armand's Garage had minor issues including mixed height fencing at the tow yard and expired inspection stickers.

Jennifer Martinage contributed to this report.

This article originally appeared on The Taunton Daily Gazette: Taunton revokes towing contract with Tony's Auto due to violations