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HomeMy WebLinkAboutBy-law 2207/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2207/86 Being a by-law for the licensing, regulating and governing of limousine drivers and owners WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302, sections Il0, 227.1 and 227.4, a by-law may be passed to provide for the licens- ing, regulating and governing of limousine drivers and owners; NOW THEREFORE the Council of the Corporation of the Town of Pickering ItEREBY ENACTS AS FOLLOWS: DEFINITIONS In this by-law, (a) "Chief of Police" means the Chief of Police of the Durham Regional Police Force; (b) "Council" means the Council of the Town; (c) "Licence" means a licence issued by the Town under the provisions of this by-law and "Licensed" has a corresponding meaning; (d) "Limousine" means a member of that class of motor vehicle kept or used for hire for conveyance of passengers solely on an hourly basis, which vehicle does not bear any identification not required by law and does not have a taximeter, but does not include a taxicab, a bus, an ambulance, or a hearse; (e) "Limousine Driver" and "Driver" means a person who drives a limousine li- censed or required to Be licensed under this By-law; (f) "Limousine Owner" and "Owner" means a person who is the registered owner of a limousine licensed or required to be licensed under this by-law; (g) "Limousine Plate" means a metal plate issued by the Town bearing a num- ber to identify a limousine in respect of which a limousine owner has been licensed; (h) "Limousine Plate Number" means the number on a limousine plate; (i) "Officer" means a Municipal Law Enforcement Officer appointed by the Council; (j) "Passenger" means any person in a limousine other than the driver; (k) "Tariff Card" means a card issued by the Town displaying the rates or fares to be charged under this by-law for the conveyance of goods and passengers; (1) "Town" means the Corporation of the Town of Picketing; (m) "Trip Record" means a record of the following information: (i) the provincial motor vehicle permit number of the limousine; (ii) the limousine plate number of the limousine; (iii) the name, address and licence number of the driver; (iv) (v) the date, time and location of the beginning and termination of each trip, including any stops requested by a passenger en route; and the amount of the rates and fares collected for each trip. PART 1 - GENERAL PROHIBITIONS No person shah operate a limousine within the territorial jurisdiction Town unless thai person is a licensed limousine driver. of the No person shall keep or use for hire, or permit to be kept or used for hire, within the territorial jurisdiction of the Town, a limousine of which he is the registered owner unless that person is a limousine owner licensed in respect of that limousine. PART 2 - LIMOUSINE DRIVERS 4. Every limousine driver shall, (a) at all times when operating a limousine have the tariff card and his limousine driver's licence affixed to the rear of the front seat or in a position and in such a manner to be plainly visible to and readable by passengers in the back seat; and (b) have and maintain in good standing at all times a Province of Ontario Driver's Licence that does not prohibit him from operating a motor vehicle for hire or reward. When (a) (b) a limousine driver, changes his address he shall within eight days after the change attend at the Town offices and notify the Town of the change and produce his limousine driverts licence for the change to be entered thereon; changes his employment from one limousine company or owner to another he shall within eight days after the change, attend at the Town offices and notify the Town of the change of employment. 6. No limousine driver shall, carry in any limousine a greater number of passengers than the manufac- turer's rating of seating capacity of such limousine exclusive of driver; (b) operate a limousine with luggage or other material piled or placed in or on the limousine in a manner that obstructs his view; or (c) operate any limousine unless the registered owner of that limousine is a limousine owner licensed in respect of that limousine. Every (b) limousine driver shall, keep a daily trip record of all trips made by him in any limousine, and completely record each trip on the trip record prior to the commencement of the next following trip. - 2 - No limousine driver shall take on any additional passengers after the limousine has departed with one or more passengers from any one starting point except at the specific request (a) the passenger or passengers in the limousine; or (b) the person who hired the limousine if he is not a passenger in the limou- sine. Every limousine driver shall, before operating the limousine on any day, examine it for mechanical defects and interior or exterior damage and report forthwith any defects or damage found to the limousine owner. (2) Every limousine driver shall, upon completion of discharging his last pas- senger, (a) return the limousine to his employer and report all accidents and any apparent mechanical defects or damage to the employer; and (b) deliver to his employer the trip record pertaining to his period of work and all rates and fares collected less the amount of commis- sion agreed upon between the driver and the employer. 10. (1) (2) Every limousine driver shall take the shortest possible route to the desti- nation desired by the passenger unless the passenger designates another route. If a passenger designates a route other than the shortest possible route, the driver shall, prior to moving the limousine, advise the passenger of the shortest route and obtain the passenger's approval before taking any route other than the shortest route. 11. If the destination of a trip extends beyond the territorial jurisdiction of the Town, the limousine driver and the passenger may agree before the start of the trip to a flat rate for the trip in lieu of a fare computed according to Schedule 12. At the conclusion of a trip, the limousine driver shall call the passenger's attention to the amount of the fare computed according to Schedule "B". 13. If a dispute arises with a passenger about the amount of a rate or a fare, the driver of the limousine may refer the dispute to the officer-in-charge of the nearest Police Station, and if the driver was correct in his demand for the rate or fare, he may add thereto an amount equal to the proper fare for the time to travel from the place where the dispute arose to the Police Station, and any reasonable waiting time while the dispute was being investigated. 14. When requested by a passenger to do so, a limousine driver shall give the pas- senger a receipt for the rate or fare, showing the amount of the rate or fare, and the limousine driver's and owner's names and licence numbers. 15. (1) Every limousine driver shall take due care o{ all property delivered or entrusted to him for conveyance or safekeeping, and immediately upon his termination of any hiring engagement, shall carefully search the limousine for any property lost or left therein, and all property or money ]eft in the limousine shah be forthwith delivered over to the person owning the property or money. (2) If the owner of the property or money cannot at once be found, then the limousine driver shall deliver the property or money to the nearest Police Station with all information in his possession regarding the property or money and the owner thereof. - 3- 16. (1) Except as otherwise provided in section 11 hereof, every limousine driver shall charge for each trip no more than the fare authorized by Schedule "B" hereof, (z) No person employing a limousine shah refuse to pay the rate or fare chargeable under the authority of this By-law for his employment of that limousine. 17. PART 3 - LIMOUSINE OWNERS Every limousine owner shall obtain and maintain an Ontario Standard Automobile Insurance Policy insuring himself in respect of the limousine owned by him covering public liability and property damage in a minimum amount of $1,000,000.00, and shall produce annually to the Town a Certificate of Insur- ance issued by the insurer, or its agent, certifying that an insurance policy providing coverage in accordance herewith is in effect. 18. Where a limousine owner disposes of his limousine and acquires a replacement limousine, he shall, before operating the replacement limousine or allowing it to be operated as a limousine, (a) submit the replacement limousine to the Town for inspection; (b) produce a motor vehicle safety standards certificate issued by a Ministry of Transportation and Communications authorized vehicle inspection sta- tion, respecting the replacement limousine, and (c) attend at the Town offices to have his limousine owner's licence amended by deleting reference to the limousine disposed of and adding reference to the replacement limousine. 19. Every (a) (b) (c) (d) (e) (f) limousine owner shall, submit his limousine for inspection at any time required by an Officer; ensure that the following documents, or mechanically reproduced copies thereof, are kept at all times in his limousine: (i) current provincial motor vehicle permit for the limousine; (ii) current Town limousine owner's licence for the limousine; (iii) current Certificate of Liability Insurance for the limousine; and (iv) current Town limousine tariff card; when he employs a limousine driver, notify the Town in writing that he has employed that driver within eight days of employing him; before allowing his limousine to be operated on any day, examine it for mechanical defects and interior or exterior damage; keep a daily limousine record setting out the following information: (i) the limousine plate number of the limousine; (ii) the provincial motor vehicle permit number of the limousine; (iii) the names and licence numbers of the limousine drivers authorized (iv) (v) record returned by any limousine driver~ to operate the limousine that day; the date and time of the authorization; and the odometer readings of the limousine; the odometer readings and the date and time the limousine is - 4- (g) (h) require an entry on the trip record for each trip at the time when any limousine driver turns in his daily trip record l give to his limousine driver at the expiry of the driver's period of work a receipt showing the amount turned over to him by the driver; keep for a period of at least six months all trip records of the limousine owned by him and shall make these records available for inspection by any person authorized by the Town and such person shall be permitted to remove the records and retain them for a reasonable time; and check immediately any mechanical defect in his limousine reported to him by his limousine driver. 20. Every limousine owner shall provide and maintain in or on his limousine while it is operated as a limousine the following equipment and markings; (a) the limousine plate, securely affixed to the rear of the vehicle; (b) the tariff card supplied by the Town and bearing the name of the limou- sine owner and the limousine plate number, securely affixed to the rear of the driver's seat in such a manner that the card is plainly visible to passengers in the back seat; (c) a holder for the photograph and name of the limousine driver affixed in a position to be plainly visible to and readable by passengers in the rear seat of the vehicle. 21. No limousine owner shall, (a) by any arrangements or agreements, permit any limousine not owned by him to be driven under the authority of a limousine owner's licence issued to him; (b) employ or allow any person to drive his limousine other than a licensed limousine driver or a person inspecting or testing it; (c) operate or permit to be operated any limousine that is not in good me- chanical condition; (d) display or permit the display of any advertisement on or in his limousine; (e) use or permit to be used on any limousine owned by him any emblem, decal or roof sign. 22. PART 4 - GENERAL PROVISIONS No limousine driver or owner shall operate or allow to be operated any limou- sine, (a) not equipped with an extra tire and wheel ready for use, or (b) not clean, dr? and in good repair. 23. No limousine owner or driver shall: (a) induce any person to engage his limousine by misleading or deceiving that person about the location of or distance between any point in the Town and any other place, nor by any other false representation; (b) publish or use a tariff, or demand or receive rates or fares other than those authorized by this by-law; or (c) be entitled to recover or receive any rate or fare from any person or persons to whom he has refused to show his tariff card as provided in this by-law. -5 - 24. No limousine owner or driver shall make any charge under this by-law for time lost through defects or inefficiency of the limousine or the incompetence of the driver thereof. 25. No limousine owner or driver shall make any charge for the time elapsed due to early arrival of the limousine in response to a call for a limousine to arrive at a fixed time. 26. Every limousine owner and driver shall, (a) serve the first person requiring the service of his limousine at any place within the territorial jurisdiction of the Town at any specified time by day or night, provided that the person is not disorderly or does not refuse to give his destination, and, if he pleads some previous engagement, he shall upon demand give the name and address of the person to whom he is so engaged together with the time and place of such engagement; (b) punctually keep all his engagements, and shall not accept any engagement that a previous engagement would prevent him from fulfilling, but he shall not be compelled to accept any order from a person who is indebted to him for the cost of a previous trip. 27. No limousine owner or driver shall use any tariff card, other than that obtained from the Town, or remove, exchange, lend or otherwise dispose of the tariff card. 28. Limousine plates or tariff cards defaced, lost or destroyed may be replaced by the Town upon the original plate or card being satisfactorily accounted for and upon the payment of the replacement fee fixed by this by-law. 29. The fare herein authorized shall be computed from the time when the passenger first enters the limousine to the time when the passenger finally discharges the limousine. 30. The fare to be charged by limousine owners and drivers within the Town are shown in Schedule "B"; no limousine owner or driver shall charge or receive in payment any higher or lower amount, except as provided for in section 1l. 31. (1) PART 5 - LICENCE APPLICATIONS An application for any licence hereunder shall be in a form provided for the purpose by the Town, shall be addressed to the Town in care of the Town Clerk, and shall contain the following: (a) where the applicant is an individual: (i) (ii) (iii) (iv) or the applicant's full name; the applicant's residence address; if different than the applicant's full name, under which the applicant carries on business; the applicant's business address; the name (z) (3) (4) (b) where the applicant is a corporation: (i) the applicant's full name; (ii) the address of the applicant's head office; (iii) the addresses of all offices or places at which the appli- cant carries on business; (iv) the jurisdiction in which the applicant was created; and (c) where the application is for a limousine driver's licence: (i) a valid Province of Ontario Driver's Licence issued to the applicant that does not prohibit him from operating a motor vehicle for hire or reward; (ii) a certificate from a duly qualified medical practitioner stating that the applicant is in the opinion of the practi- tioner, physically capable of operating a limousine; and (d) where the application is for a limousine owner's licence: (i) a motor vehicle safety standards certificate issued by a Ministry of Transportation and Communications authorized vehicle inspection station for the limousine in respect of which the applicant seeks to be licensed; (ii) proof of ownership of that limousine; and (iii) a Certificate of Insurance as required by section 17 in respect of that limousine. An application for a licence shall be accompanied by the appropriate licence fee set out in Schedule "A" hereto. Where an application is made under a name by which more than one individual or corporation, or combination thereof, carry on business, each individual and each corporation shall submit a separate application for a licence, but only one application fee shall be required. The Town Clerk may require that an applicant provide verification, by affidavit or otherwise, of any of the information which the applicant is required to provide before a licence is issued. 32. Upon receipt of an application and the appropriate licence fee, the Town Clerk shall forthwith forward details of the application to the Chief of Police who shall determine whether or not the applicant, or any person comprising the applicant, has been convicted of, (a) any offence under the Criminal Code (Canada), the Narcotics Control Act (Canada) or the Liquor Licence Act, R.S.O. 1980, c.244, or (b) careless driving under the Highway Traffic Act, R.S.O. lq80, c. 198, within the three years immediately preceding the date of the application. 33. (1) The Town Clerk shall issue the licence only where, (a) all the information which the applicant is required to provide under section 31 has been provided, and verified; (b) all the documents which the applicant is required to provide under section 31 have been provided; - 7- (2) (3) (4) (c) the licence fee is paid; and (d) the Chief of Police determines that the applicant, or all persons comprising the applicant, have not been convicted of any of the offences referred to in section 32 within the time period set out therein. Where the Chief of Police determines that the applicant, or any person comprising the applicant, has been convicted of any such offence within that time period, the Town Clerk shall notify the applicant, in writing, of the determination. Where an applicant advises the Town Clerk, in writing, that he disputes the determination made by the Chief of Police under section 32, or sub- mits that the licence applied for should be issued despite that determina- tion, the matter shall be referred forthwith by the Town Clerk to the Council which shall hear representations from the applicant and the Chief of Police. The Council may issue the licence where, (a) the information, documents and fee referred to in subsection (1) (a), (b) and (c) have been provided, verified and paid, and (b) it determines in its sole discretion that the determination of the Chief of Police is unfounded or that the offences in question are not sufficient to justify refusing to issue the licence. 34. (2) The Town Clerk shall notify a licensee, by registered mail, at his last residence or business address on record when, (a) he has cause to believe, on reasonable grounds, that information which the licensee, as an applicant or as is required to provide, including any verification inaccurate; any of the 2 licensee, thereof, is (b) he is advised by the Chief of Police that the licensee has been convicted of any of the offences referred to in section 32; (c) where the licensee is a limousine driver, the Ministry of Trans- portation and Communications has advised that the licensee's provincial driver's licence is under suspension or has been revoked; (d) where the licensee is a limousine owner, (i) his insurer has advised that the insurance required under section 17 has been cancelled or will not be renewed, or (ii) the limousine in respect of which he is licensed is no longer roadworthy or has been impounded; (e) the licensee has been convicted of an offence which is a contravention of a provision of this By-law; or (f) the licensee has contravened an Order issued under the authority of the Municipal Act, R.S.O. 1980, c.302, section 326, or any successor thereto, that, un]ess the in accuracy, conviction, revocation, roadworthiness, impounding or contravention is corrected, reinstated within thirty days, the licence shall be revoked. cancellation, overturned or Unless the matter giving rise to the notice issued under subsection(l) has been corrected, overturned or reinstated within the time allowed, the Town Clerk shall forthwith revoke the licence and notify the licensee by registered mail at his last residence or business address on record. - 8 - (3) Despite subsection (2), where the inaccuracy, conviction, revocation, cancellation, roadworthiness, impounding or contravention is disputed, in writing, to the Town Clerk by the licensee, the matter shall be referred forthwith by the Town Clerk to the Council which shall hear representa- tions from the licensee and either confirm the revocation of the licence or re-instate the licence, as it sees fit. 35. Subject to the provisions of section 34, (a) a limousine driver's licence is valid for two years from the date of issue, and is not transferable; and (b) a limousine owner's licence is valid for the calendar year in which it is issued, and is not transferable. 36. A licensee may renew his licence upon its expiry by making an application under section 31 as if he were making an original application, and the pro- visions respecting original applications shall apply except that the licence fee payable shall be a llcence renewal fee. 37. Limousine owner's licences issued under a predecessor of this By-law shall be deemed to have been lawfully issued under this By-law. 38. When an application for a limousine owner's licence has been approved for issu- ance, the Town Clerk shall notify the applicant by registered mai] addressed to his last residence or business address and the applicant shall have thirty days from the date of mailing to obtain the Bcence, failing which the approval shall be rescinded. 39. (1) Upon the expiry or revocation of a licence the licensee shah return to the Town the ]icence and, if the licence is a limousine owner's licence, the limousine plate. (2) No person shah refuse to deliver an expired or revoked ]icence or a limousine plate to an Officer. 40. PART 6 - ADMINISTRATION Every person who contravenes any provision of this by-law, except sections 32, 33 and 34, is guilty of an offence and upon conviction thereof is liable to a fine of not more than $2,000.00, exclusive of costs. 41. Schedules "A" and "B" attached hereto form part of this by-law. 42. This by-law shall come into force and take effect on May 6, 1986. BY-LAW read a first, second and third time and finally passed this 5th day of May, 1986. -9- BY-LAW NO. 2207 /86 SCHEDULE "A" ORIGINAL LICENCE FEES Licence Type Limousine Driver's Licence Limousine Owner's Licence Fee 50.00 1,000.00 LICENCE RENEWAL FEES Licence Type Limousine Driver's Licence Limousine Or/net's Licence Fee 50.00 100.00 7. 8. 9. Item Replaced Limousine Driver's Licence Limousine Owner's Licence Limousine Plate Tari£[ Card REPLACE~{ENT FEES Fee 5.00 10.00 I0.00 2.00 BY-LAW NO. 2207 /86 SCHEDULE "B" TARIFF OF RATES AND FARES FARES For each hour or part thereof $20.00 Bo NOTES No rate or fare is chargeable for the carriage of a wheel chair accompanying a handicapped person.