HomeMy WebLinkAboutCAO 23-12 Cat/00 Report to
Executive Committee
PICKERING Report Number: CAO 23-12
Date: December 3, 2012
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Administrative Amendments to Taxicab Licensing By-law 6702/06
- File: L-2000-001-12
Recommendation:
1. That Report CAO 23-12 regarding administrative and fee amendments to Taxicab
Licensing By-law 6702/06 be received;
2. That the proposed amendments in the draft by-law attached be enacted.
Executive Summary: Since enacting Taxicab Licensing By-law 6702/06, staff have
identified minor issues in processes outlined in the by-law, wording clarifications, fees
which do not reflect City administrative costs, and deficiencies relating to enforcement
provisions. This amendment to the Taxicab Licensing By-law 6702/06 contains the
housekeeping amendments necessary to address those issues. A full review of the
Taxicab Licensing By-law 6702/06 will take place in 2013 in full consultation with the
Taxicab Advisory Committee to review the more industry specific concerns, such as
fares, vehicle model years, and defining and enhancing the role of the Taxicab Advisory
Committee.
Financial Implications: The reduction in registered mail notification requirements for
plate eligibility renewals, from two registered mail notices to one, will save the City
approximately $19,000.00 annually, based on the number of applicants currently on the
Taxicab Plate Eligibility List.
Discussion: As the existing Taxicab Licensing By-law 6702/06 was
enacted six years ago, a number of minor revisions have been identified to provide •
clarification, address enforcement issues, and better reflect administrative processes.
The amendments in the attached by-law have been categorized into minor wording
changes, enhanced enforcement provisions, and administrative processes and
associated fees.
Minor wording changes include definition changes, technical wording to clarify meaning,
and deletions based on current practices.
Report CAO 23-12 December 3, 2012
Subject: Administrative Amendments to Taxicab Licensing By-law 6702/06 Page 2
Amendments relating to administrative processes and fees clarify the practices currently
in place and change processes which have been identified as unnecessary or too
costly. The annual renewal process for Taxicab Plate Eligibility applicants is an
example. The current Plate Eligibility List renewal process requires that an initial
renewal notice be sent by registered mail, then, should the renewal not be submitted, a
second notice advising of removal from the list must also to be sent by registered mail.
This process is being amended to provide that initial renewal information be sent by
regular mail, with the follow-up notice sent by registered mail if the renewal is not
submitted as required. Due to the unexpected influx of plate eligibility applicants in
2012, if the by-law is not amended, registered mail costs could total almost $40,000.00.
Reducing the use of registered mail notification will save the City approximately
$19,000.00 annually. As the application fee for the plate eligibility list is currently only
$20.00, the cost for the registered mailings per applicant, is almost equal to the
application fee. The plate eligibility list now has over 2,100 applicants on it. The
associated administration and staff time was substantial. Staff therefore recommend
that the plate eligibility list fee be increased to $75.00 per applicant per year.
Amendments regarding enforcement are new provisions created to aid officers
enforcing the by-law, or implement regulations which relate to existing standards.
A table has been prepared, as Attachment 2, showing the individual by-law
amendments, the section being amended in the existing Taxicab Licensing By-law, the
applicable category as described above, and an explanation of the change.
Attachments:
•
1. Draft Amending By-law
2. Table of amendments with explanations
3. Current Taxicab Licensing By-law 6702/06
Prepared By: Approv::d/En• •rsed By:
•
Kimberly Thompson, CMM Ill, CPSO Paul Bigion.
Manager, By-law Enforcement Services Director, C i rpo ate S-rvices & City Solicitor
Recommended for the consideration
of Pickering City ncil
Z.2. , 2.012.
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
•
ATTACHMENT#. L_ TO REPORT# 0 Pro a 3—I aa--
(p
The Corporation of the City of Pickering
By-law No.
Being a by-law to amend By-law No.6702/06
Whereas By-law No. 6702/06 provides for the licensing, regulation and governing of
taxicab businesses within the City of Pickering; and
Whereas the City wishes to amend By-law No. 6702/06.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. By-law No. 6702/06 shall be amended as set out in sections 2 through 41 of this
by-law.
2. The following definitions in Section 1 are repealed and the following substituted:
"CIR" means a Criminal Information Report containing the results of a search of
the Canadian Police Information Centre that includes a list of all criminal
convictions for which a pardon has not been received, and all outstanding
criminal charges;
"fender numbers" means permanent lettering representing the taxicab plate
number and prefaced by the letter "P", of at least 15 cm in height, in a contrasting
colour to the vehicle and affixed on both front fenders in a font style and location
approved by the City;
"licensing officer" is deleted and replaced with "officer"
"officer" means a municipal law enforcement officer employed by the City, or a
police officer pursuant to subsection 42(1)(h) of the Police Services Act.
3. Added to the definitions in Section 1; "City Clerk" means the Clerk of the City or
a designate;
4. The following sections shall be amended to re place the word "licensing officer"
with "City Clerk": sections 16, 17, 18, 99,
5. Subsection (g) is added to Section 17, as follows: "the applicant has failed to pay
fines imposed for previous convictions relating to contraventions of any municipal
taxicab regulatory by-laws.
•
ATTACHMENT# / TO REPORT# Cook-0 e3 3
By-Law No. .of Page 2
6. Section 21 (2) (a) and (b) shall be deleted.
7. Subsection (r) is added to section 24, Driver Duties, as follows: "carry on his
person a valid Ontario Driver's License, a certificate of insurance and a copy of
the vehicle ownership and provide to an officer upon request".
8. Section 30 is repealed and the following substituted: "No driver shall operate a
taxicab without a valid taxicab plate affixed to the rear of the vehicle and a
taxicab.plate licence for the vehicle".
9. Section 34 is repealed and the following substituted: "No driver shall operate a
taxicab unless the current tariff card and the Passenger Rights & Responsibilities
set out in Schedule 3 are affixed to the rear of the front seat or are otherwise
located so that they are plainly visible to passengers in the back seat".
10. Section 40 is repealed and the following substituted: "When a driver uses a
taxicab for transportation of passengers for no gain or reward, personal use, or
the taxicab is being tested or inspected, the driver shall remove the roof light
from the taxicab and place the taxicab meter in a non-recording position, and log
off from the global positioning dispatch system."
11. Section 46, subsection (d) is replaced with: "repair any mechanical defects in the
taxicab reported to them by a driver or the City within 3 business days, or remove
the vehicle from service;".
12. Section 69 (1) is repealed and replaced with: "Where the executor or
administrator cannot transfer the deceased's plates within one (1) year following
the date of death, the executor or administrator may apply to the City Clerk and
the City Clerk may, having regard to the matters set out in section 150, permit the
executor or administrator to continue to operate the taxicab or permit the taxicab
to be operated with the deceased's plates attached for such further period of time
as the City Clerk deems appropriate.
13. Section 69 (2) is repealed and replaced with: "If the executor or administrator
does not or cannot transfer the deceased's plates within one (1) year following
the date of death, or within such further period of time as prescribed by the City
Clerk pursuant to subsection (1), whichever is later, the deceased's plates shall
be deemed to be cancelled and shall be returned to the City."
14. Section 69 (3) is added as follows: "Plate owner transfer fees will be waived to
amend the City's taxicab plate owner records to reflect the name of the person
legally entitled to inherit ownership of the plate."
15. Section 70 (1) is repealed and the following substituted: "No taxicab plate owner
shall permit his/her/its taxicab plate to be affixed to a vehicle that he/she/it does
not own except under the authority of a lease that meets the requirements of this
•
ATTACHMENT#-- -_TO REPORT# C
By-Law No. .oft _ '� a3-/a Page 3
section."
16. Section 78 (1) is repealed and the following substituted:
No applicant for a City plate licence shall have his name placed or maintained on
the plate eligibility list unless, for an average of at least thirty-five (35) hours per
week during at least forty-four (44) weeks per year during the twenty-four (24)
months immediately preceding the date of application, the applicant has,
(a) held a taxicab driver's licence or a similar licence issued by another
municipality;
(b) held a taxicab plate licence or a similar licence issued by another
municipality;
(c) held a brokerage licence or a similar licence issued by another
municipality; or
(d) been employed by a broker in the City or any other Ontario
municipality.
17. Section 78 (2) shall be deleted.
18. Section 78 (4) shall be repealed and the following substituted: 'When a person
whose name appears on the plate eligibility list changes his name, address or
contact information, he shall notify the City in writing within five (5) days of the
change."
19. Section 78 (6) shall be repealed and the following substituted: "The City shall
review the plate eligibility list annually to determine whether those persons listed
on it continue to comply with the requirements of subsection (1).
20. Section 78 (7) (a) is repealed and the following substituted: "Every person whose
name appears on the plate eligibility list shall be required to renew their
application annually, within the timeframe and in the form specified by the City
Clerk, and together with the applicable fee as set out in Schedule (1)".
21. Section 78 (8) is repealed and the following substituted: "Any person whose
name is on the plate eligibility list and who no longer complies with subsection (1)
shall have his name removed from the plate eligibility list.
22. Section 80 is deleted.
23. Section 82 is repealed and the following substituted: "In addition to the
requirements of Part III and Part V, prior to the issuance of an accessible taxicab
plate licence, the applicant shall provide the City with a current Commercial
Vehicle Operator's Report (CVOR) and a Safety Standard Certificate issued by
By-Law No. ATTACHMENT# / TO REPORT#taok0 3-1°1page 4
�.of.
an authorized vehicle inspection station showing that the vehicle to which the
accessible taxicab plate will be attached meets the requirements for an
accessible taxicab as set out in Ontario Regulation 629."
24. Section 84 is repealed and the following substituted: "No person shall operate a
vehicle as an accessible taxicab without a taxicab plate affixed to the rear of the
vehicle and a taxicab plate licence for the vehicle."
25. Section 85 is repealed and the following substituted: "No person shall permit a
vehicle to be operated as an accessible taxicab without a taxicab plate affixed to
the rear of the vehicle and a taxicab plate licence for the vehicle."
26. Section 96, subsections (3) and (4) shall be deleted.
27. Section 97, subsection (e) is repealed and the following substituted: "a Global
Positioning System incorporated with an emergency alert system that is
monitored at all times while the taxicab is in operation, or another acceptable
device approved by the City."
28. Subsection (j) is added to Section 97, as follows: "a roof light in operable
condition and properly maintained."
29. Section 98 is repealed and deleted.
30. Section 100 is repealed and the following substituted: "Every taxicab shall meet
the standards for: (i) the issuance of a Safety Standard Certificate of mechanical
fitness and, (ii) a "pass" rating under the Ontario Drive Clean Program."
31. The following sections shall be amended to replace the word "licensing officer"
with "officer": section 106, subsections (j), (n), section 110, 111, 112, 114 (1) and
(2), 115, 116, 121, 122, 124, 126,127, 128, 130, and 131.
32. Section 106 (o) is repealed and the following substituted: "within 48 hours of a
request from an officer, provide a record showing the number of taxicabs
available for service on any particular day, the time(s) when each taxicab was
available for service, and the calls dispatched to each taxicab;
33. Subsection (r) is added to Section 106 as follows: "provide training regarding
brokerage emergency notification practices to all drivers and retain records
detailing the name of the driver, the date training occurred and the signature of
the driver".
34. Subsection (h) is added to Section 107 as follows: "dispatch to a taxicab that has
been ordered removed from service, until authorized by the City."
35. Section 109 is repealed and the following substituted: "The City shall inspect all
taxicabs annually".
By-Law No. ATTACHMENT# / TO REPORT# CAD a 3-1a Page 5
.of.
36. Subsection (2) is added to Section 115 as follows: "Any person operating a
taxicab shall provide identification in the form of an Ontario Driver's License to an
officer upon request."
37. Section 117 (d) shall be deleted.
38. Section 119 (1) shall be repealed and the following substituted: "If an order is not
complied with by the date specified in the order, the taxicab plate licence in
respect of that taxicab may be suspended as of 12:00 a.m. on that date, and
shall only be reinstated if the City receives satisfactory evidence of compliance."
39. Section 135 is repealed and replaced with the following: "Applicants may appeal
the City Clerk's refusal to issue a licence."
40. Section 139 is repealed and deleted.
41. Schedule 1 is amended as attached.
42. By-law passed this 10th day of December , 2012.
•
David Ryan, Mayor
Debbie Shields, City Clerk
ATTACHMENT# / TO REPORT# C a _
(47 .of. 1 °Z
SCHEDULE 1
LICENCE FEES
(a) Plate owner licence (one year) $ 250.00
(b) Brokerage licence (one year) 150.00
(c) Taxicab driver's licence (two years) 100.00
(d) Clean air cab plate licence (one year) 1,000.00
(e) Plate owner licence —vehicle that meets the
requirements of a clean air cab (one year) 125.00
(f) City plate licence (one year) 2,000.00
OTHER FEES
(g) Transfer of plate owner's plate $ 500.00
(h) Filing an appeal 75.00
(i) Replacement of taxicab driver's licence 20.00
(j) Replacement of taxicab plates 100.00
(k) Replacement of each tariff card/Passenger Rights
& Responsibilities 10.00
(I) Change of registered vehicle 100.00
(m) Re-inspection without taxicab meter 20.00
(n) Re-inspection with taxicab meter 35.00
(o) Lease filing 50.00
(p) Late Cancellation/No Show for Inspection 50.00
(q) Plate eligibility list application (every year) 75.00
ATTACHMENT# a TO REPORT# CA-0 o9 3- (o..
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ATTACHMENT# J TO REPORT# Ci O a3/c —
.of. 3 �-
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6702/06
Being a by-law to license, regulate and govern taxicab businesses
within the City of Pickering
WHEREAS section 150 of the Municipal Act, 2001 provides that a local municipality
may license, regulate and govern any business wholly or partly carried on within the
municipality;
AND WHEREAS the City of Pickering wishes to license, regulate and govern taxicab
businesses within the City.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City -
of Pickering enacts as follows:
PART I– INTERPRETATION
Definitions
1 In this by-law,
"accessible taxicab" has the same meaning as in section 1 of Ontario
Regulation 629;
"accessible taxicab plate license" means a license issued by the City to permit
the operation of a specific vehicle as an accessible taxicab;
"accessible taxicab plate licensee" means a person to whom an accessible
taxicab plate license has been issued;
"affiliated" means under contract to provide dispatch services and "affiliation"
has a corresponding meaning;
"applicant" means a person applying for a license or a renewal of a license and
"application" has a corresponding meaning;
"authorized vehicle inspection station" means a place designated by the City
to conduct vehicle safety inspections;
"broker" means any person who carries on the business of accepting orders for,
or dispatching in any manner to, two or more licensed taxicabs and "brokerage"
has a corresponding meaning;
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"brokerage license" means a license issued by the City to permit the operation
of a brokerage;
"CIR" means a Criminal Information Report containing the results of a search of
the Canadian Police Information Centre that includes a list of all criminal
convictions for which a pardon has not been received, all outstanding criminal
charges, and the results of a vulnerable sector search;
"City" means the geographical area of the City of Pickering or the Corporation of
the City of Pickering, as the context requires;
"City plate license" means a license issued by the City to permit the operation
of a specific vehicle as a taxicab;
"City plate licensee" means a person to whom a City plate license has been
issued;
"clean air cab" means a taxicab that meets specific clean air criteria established
by Council;
"clean air cab plate license" means a license issued by the City to permit the
operation of a clean air cab;
"clean air cab plate licensee" means a person to whom a clean air cab plate
license has been issued;
"Council" means the Council of the City;
"dispatch" means to communicate orders or other information in any manner
between a broker and a driver;
"dispatcher" means a person who is in the employ of, or working under a
contract with, a broker and whose duties include accepting orders and/or
dispatching those orders to drivers;
"driver" means a person licensed to operate a taxicab;
"driver's abstract" means a Driver Record Search issued by the Ministry of
Transportation;
"dues" means any amount charged by a broker to a plate owner or a lessee to
receive orders from the broker;
"fare" means the total amount charged to a person for a trip in accordance with
Schedule 2;
•
"fender numbers" means permanent lettering representing the taxicab plate
licensee's taxicab plate number of at least 15 cm in height, affixed on both front
fenders in a location approved by the City;
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"industry participants" means plate owners, drivers, taxicab plate licensees,
lessees and brokers;
"issued" means issued or renewed by the City under this by-law and.
"issuance" has a corresponding meaning;
"lease" means an agreement between a plate owner and a driver under which
the plate owner authorizes the driver to use one or more owner plates for a fee;
"lessee" means a driver who has entered into a lease;
"license" means a taxicab driver's licence, taxicab plate license and/or
brokerage license as-the context requires;
"licensed" means licensed under this by-law;
"licensing officer" means a municipal law enforcement officer appointed by
Council to administer and enforce this by-law;
"limousine" means a vehicle that is kept or used for hire for the conveyance of
persons solely on an hourly, daily or weekly basis, with a minimum fee or charge
of not less than twenty-five dollars for a single conveyance, that does not contain
a taxicab meter, roof light or two—way radio (or similar device);
"maintenance log" means a log containing information relating to the repair of a
taxicab including the vehicle information number of the taxicab, taxicab plate
number, make, model and model year of the taxicab, the nature of the repair, the
date of the repair, the name of the person performing the repair, and confirmation
that the plate owner was notified of the repair;
"mechanical defect" means damage to, or failure of a part, component or
feature of, a vehicle;
"model year" means the year of the vehicle noted on the Ontario Motor Vehicle
Registration for the vehicle;
"operate", when used in reference to a taxicab, includes driving the taxicab and
making it available to the public in service as a taxicab and "operation" has a
corresponding meaning;
"order", except where the term is used in Parts XII and XIV, means a request for
taxicab service received by a broker or a driver;
"passenger" means any person other than the driver seated in a taxicab and
includes any person engaging or attempting to engage the services of a taxicab;
"person" means an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and the heirs, executors or legal representatives •
of the person to whom the context can apply according to law;
•
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TO REPORT# ° a 3/
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"physically disabled person" has the same meaning as in section 1 of Ontario
Regulation 629;
"plate eligibility list" means the list of applicants for a. City plate license
maintained by the City;
"plate owner" means a person who is the owner of a taxicab plate according to
City records;
"plate owner license" means a license issued by the City to a plate owner to
permit the operation of a specific vehicle as a taxicab;
•
"plate owner licensee" means a person to whom a plate owner license has
been issued;
"registered owner" means the owner of a vehicle according to the records
maintained by the Registrar of Motor Vehicles for the Province of Ontario;
"roof light" means an electronically illuminated roof sign that is securely
attached to the top of the taxicab in a manner approved by the City that works in
conjunction with the taxicab meter so that it is not illuminated when the meter is
engaged and is illuminated when the head lights are on and the meter is in a
vacant status;
"tariff card" means a card issued by the City that shows the current fares as set
out in Schedule 2;
"taxicab" means any vehicle used for hire in the conveyance of persons from a
place within the City to any point inside or outside of the City, but does not
include a bus operated by Durham Region Transit or under license under the
Public Vehicles Act, an ambulance, a funeral hearse, a limousine or a, vehicle
described in subsection 155(2) of the Municipal Act, 2001;
"Taxicab Advisory Committee" means the committee of Council appointed to
hear appeals under this by-law and make recommendations to Council regarding
the regulation of the taxicab industry;
"taxicab driver's license" means a license issued by the City to permit an
individual to operate a taxicab;
"taxicab examination log" means a log containing a record of all mechanical
defects and all interior or exterior damage observed and recorded at the
beginning and end of each driver's shift;
"taxicab meter" means a measuring device approved by the City and used in a
taxicab to calculate a fare;
"taxicab plate" means a metal plate bearing the taxicab plate number assigned
by the City;
ATTACHMENT# g TO REPORT# Cfc\-D a
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"taxicab plate license" means a plate owner license, City plate license,
accessible taxicab plate license and/or a clean air cab plate license as the
context requires;
"taxicab plate licensee" means a person to whom a taxicab plate license has
been issued;
"trip" means the distance and time traveled or the distance and time to be
traveled, measured from the time and point at which the passenger first enters
the taxicab or when the taxicab meter is first engaged, to the time and point at
which the passenger finally leaves the taxicab or the taxicab meter is
•
disengaged;
"trip sheet" means a record of the details of all trips made by a taxicab during
each period of continuous operation (each shift) containing,
(a) the name of the driver, the date and the taxicab plate number;
(b) the time, location and destination of every trip made; and
(c) the amount of the fare collected for each trip; and
"vehicle" includes an automobile or any other device for the transportation of
persons or goods propelled or driven otherwise than by muscular power, but
does not include the cars of electric or steam railways or other motor vehicles
running only upon rails,' or a motorized snow vehicle, traction engine, farm
tractor, self propelled implement of husbandry or road building machine within
the meaning of the Highway Traffic Act.
2 The following Schedules are attached to and form part of this by-law:
Schedule 1 - FEES
Schedule 2 - TARIFFS/RATES
Schedule 3 - TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES
3 Unless otherwise specified, references in this by-law to Parts, sections,
subsections, clauses and Schedules are references to Parts, sections,
subsections, clauses and Schedules in this by-law.
4 If a court of competent jurisdiction declares any section, or any part of any
section, of this by-law to be invalid, or to be of no force or effect, it is the intention
of the City that every other provision of this by-law be applied and enforced in
accordance with its terms to the extent possible according to law.
5 References in this by-law to any statute or statutory provision include references
to that statute or statutory provision as it may from time to time be amended,
extended or re-enacted.
6 This by-law shall be read with all changes in gender or number as the context
requires.
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PART II -PURPOSES
7 Council considers it necessary to license, regulate and govern industry
participants for the following health and safety purposes:
(a) to enhance and encourage safe maintenance and operational practices;
(b) to ensure that only experienced, qualified and trustworthy industry
participants are providing taxicab services; and
(c) to promote accountability of industry participants for health and safety
issues.
8 Council considers it necessary to license, regulate and govern industry
participants for the following consumer protection purposes:
(a) to enhance and encourage equal, fair and courteous treatment amongst
industry participants and users of taxicab services;
(b) to protect the property of passengers;
(c) to ensure consistency in the application of fares; and
(d) to promote accountability of industry participants for consumer protection.
9 Council considers it necessary to license, regulate and govern industry
participants for the following nuisance control purposes:
(a) to limit or mitigate unsightliness, unnecessary noise, nuisance or
disruption for industry participants, users of taxicab services and the
general public; and
(b) to promote accountability of industry participants for nuisance control.
PART III—APPLICATIONS
Submission of Applications
10 Applications shall be completed and submitted on forms provided by the City..
11 When submitting an application, every applicant shall appear in person before a
licensing officer and shall provide all information requested by the City including
current valid photo identification satisfactory to the City.
12 Every application shall be submitted with the applicable license fee specified in
Schedule 1.
13 Receipt of an application and a license fee by the City shall not represent
approval of the application nor shall it obligate the City to issue a license.
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14 If an applicant is a partnership, the applicant shall file with the application a
statutory declaration signed by all members of the partnership stating,
(a) the full name of every partner and their address of ordinary residence;
(b) the name or names under which the partnership carries on or intends to
carry on business;
(c) that the persons named are the only partners of the partnership; and
(d) the mailing address for the partnership.
15 Every corporation applying for a license shall file with the application a copy. of
the corporation's articles of incorporation or other incorporating documents and a
statutory declaration stating,
(a) the full name of every shareholder and their address of ordinary
residence;
(b) the name or names under which the corporation carries on or intends to
carry on business;
(c) that the persons named are the only shareholders of the corporation; and
r'~ (d) the mailing address for the corporation.
Issuance of Licenses
16 A licensing officer may issue a license to an applicant only where all of the
information and documents that the applicant is required to provide under this by-
law have been provided and verified, and the license fee has been paid.
Disqualifications
17 A licensing officer shall refuse to issue a license if,
• (a) the applicant has been convicted of an offence, for which a pardon has not
been granted, under Part V (Sexual Offences, Public Morals and
Disorderly Conduct), Part VIII (Offences Against the Person and
Reputation) or Part IX (Offences Against. Rights of Property) of the
Criminal Code of Canada or for the offence of careless driving under the
Highway Traffic Act;
(b) the applicant has submitted false information in support of the application;
(c) the issuance of the license would contravene any of the provisions of this
by-law;
•
(d) the application is for a City plate license which, if issued, would exceed the
maximum number of City plate licenses permitted under this by-law;
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(e) the applicant fails to successfully complete any testing, training,
educational or awareness program required by the City; or
(f) the licensing officer has reasonable grounds to believe that the applicant
will not operate in accordance with the law or with honesty and integrity.
18 The licensing officer may refuse to issue a license where the applicant has been
convicted of a criminal offence other than those set out in clause 17(a) or an
offence under the Controlled Drugs and Substances Act(Canada).
'PART IV—TAXICAB DRIVER'S LICENSES
Obtaining a License
19 In addition to the requirements of Part III, every applicant for a taxicab driver's
license shall submit to the City,
(a) a certificate prepared by a duly qualified medical practitioner stating that
the applicant is physically and mentally capable of performing the duties of
a driver and is free from communicable diseases;
(b) a current valid Class 'G' (minimum) driver's license issued by the Province
of Ontario which is in good standing according to the records of the
Ministry of Transportation;
(c) a driver's abstract dated within 30 days of the date of application;
(d) an original CIR dated within 30 days of the date of application; and
(e) a letter of potential employment from the taxicab plate licensee or lessee
for whom the applicant will be working as a driver.
20 Every applicant for a taxicab driver's license shall pose for an identification
photograph to be attached to the taxicab driver's license.
Testing and Training
21 (1) Every applicant for a taxicab driver's license shall successfully complete a
taxicab driver training and testing program approved by the City, at the
driver's expense, within a timeframe specified by the City.
(2) The City may waive the requirement of subsection (1) if the applicant has
successfully completed,
(a) an approved training and testing program within five (5) years of the
�,..., date of application; or
•
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By-law No. 6702/06 5 .of. Page 9
(b) an approved training and testing program more than 5 years prior
to the date of application and completed a written test set by the
City and received a mark of at least seventy-five percent (75%).
22 Where the City has concerns regarding a driver's conduct or performance as a
result of a complaint or otherwise, the City may require such driver to appear
before the Taxicab Advisory Committee and/or attend a testing and training
program at the driver's expense.
Term of License •
23 Every taxicab driver's license shall be valid for a period of two years from the
date of issuance.
Driver Duties
24 Every driver shall,
(a) prior to and immediately upon completion of each shift, examine the
taxicab for mechanical defects and interior and exterior damage, record
the observations in the taxicab examination log, and report any
mechanical defects or damage found to the taxicab plate licensee;
(b) be civil, courteous, refrain from using profanity, and offer to assist any
passenger when it is evident that the passenger is a disabled person or is
in need of assistance;
(c) give a passenger a receipt in a form approved by the City showing the
driver's name, the taxicab plate number, the date and time of the trip,
place of pick up, place of discharge and the fare charged when requested
or whenever there is a dispute over the fare;
(d) subject to section 25, and except when there is a previous order or
engagement, serve the first person requiring the service of the taxicab at
any place within the City, at any time of day or night, unless the person,
(i) refuses to give their destination;
(ii) is in the possession of an animal other than a medical aid animal;
(iii) has not paid a previous fare;
(iv) is, in the opinion of the driver, unable or unwilling to pay the fare
and has been unable or unwilling to satisfy the driver that he has
the funds to pay the fare;
(v) is an individual covered in an amount of dirt or other material so
excessive that if such individual is transported the interior of the
taxicab would be left in an unclean state;
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(vi) is intoxicated or disorderly;
(vii) is eating or drinking any food or beverage;
(viii) is a person under the age of 12 years who is not accompanied by
an adult, or has not had the trip arranged by an adult;
(ix) refuses to wear a seat belt; or
(x) is intending to smoke in the vehicle;
(e) punctually keep all appointments and not make any appointments if a
previous engagement would prevent the driver from fulfilling it;
(f) take due care of all property delivered or entrusted to them for
conveyance or safekeeping;
(g) immediately upon the termination of any hiring engagement, examine the
interior of the taxicab for any property left in the taxicab;
(h) immediately return all property or money left in a taxicab to the person.
owning the property or money, and, when the owner of the property or
money cannot be found, deliver the property or money to the nearest
police station;
(i) take the most direct available route to the passenger's desired destination
unless the passenger requests otherwise;
(j) prepare trip sheets;
(k) retain all trip sheets for at least three (3) months and make them available
for inspection at the request of the City;
(I) subject to paragraph (m), engage the taxicab meter only when the
passenger enters the taxicab and keep it engaged throughout the trip;
(m) be allowed to engage the taxicab meter before the passenger enters the
taxicab only after the driver has notified the passenger of the arrival and
has waited a reasonable time after the due time of the order;
(n) at the conclusion of each trip, place the taxicab meter in the time off status
and after payment place it in the vacant status;
(o) keep in the taxicab a current street guide for the City and the surrounding
vicinity;
(p) turn off any radio, tape player or any other sound-producing mechanical
device in the taxicab and turn down the volume on the two-way radio upon
being requested to do so by any passenger, and having done so, leave
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•
such device in the off position or, if a two-way radio, turned down until
termination of the trip with that passenger; and
(q) securely fasten all physically disabled persons, wheelchairs and any other
passenger aids, including batteries, so that they are prevented from
moving while the taxicab is in motion.
25 When operating an accessible taxicab, every driver shall provide priority service
to physically disabled persons at all times, regardless of prior requests for service
from persons who are not physically disabled persons.
•
26 . Every driver who has been convicted of an offence described in clause 17(a)
shall, within_five (5) calendar days of being so convicted, report that fact to the
City.
27 The City may, at any time, require a driver to provide a CIR, a driver's abstract,
or a certificate prepared by a duly qualified medical practitioner attesting as to
whether or not the driver is fit to operate a taxicab.
Restrictions
28 No person shall operate a taxicab unless he has been issued a taxicab driver's
license.
29 No person shall permit a vehicle to be operated as a taxicab by anyone other
than a driver.
30 No driver shall operate a taxicab without a taxicab plate affixed to the rear of the
vehicle and a taxicab plate license for the vehicle. -
31 No driver shall operate a taxicab unless it complies with all of the vehicle
requirements set out in Part X.
32 No driver shall operate a taxicab with mechanical defects.
33 No driver shall display any sign, emblem, decal, ornament or advertisement on or
in a taxicab except in accordance with this by-law.
34 No driver shall operate a taxicab unless the current tariff card, taxicab driver's
license and the Passenger Rights & Responsibilities set out in Schedule 3 are
affixed to the rear of the front seat or are otherwise located so that they are
plainly visible to passengers in the back seat.
35 No driver shall operate a taxicab with,
(a) a greater number of passengers than is set out in the manufacturer's
rating of seating capacity for such taxicab; or
(b) luggage or any object placed in, hung on or attached to the taxicab in such
a manner as will obstruct the driver's view of the highway.
ATTACHMENT# -3 TO REPORT#C42) 3 — /a
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, ' 36 No driver shall operate a taxicab for more than twelve (12) hours in any period of
twenty-four (24) hours, or for any period which is more than five (5) consecutive
hours at any time without a break of not less than twenty (20) consecutive
minutes.
37 No driver shall operate a taxicab unless he is,
(a) well-groomed;
(b) neat and clean in personal appearance; and
(c) dressed in pants (but not sweatpants or shorts) or skirt, shirt or blouse
with a collar and shoes, all free from obvious wear or damage.
38 • (1) In this section, "written contract" means written contract for taxicab
services between a taxicab plate licensee and another person for a period
of six months or more, at an agreed rate or charge.
(2) No driver shall recover or receive any rate or charge from any passenger
or persons who made use of his services which is greater than the fare set
out in Schedule 2, other than a tip, gratuity or credit card service charge or
pursuant to a written contract.
39 No driver shall,
(a) take or consume any intoxicants or take, consume or have in their
possession any alcohol, or drugs prohibited by the Controlled Drugs and
Substances Act(Canada)while they are operating a taxicab;
(b) use any tariff card other than that obtained from the City;
(c) take on any additional passengers after the taxicab has departed with one
or more passengers from any one starting point except,
(i) at the request of a passenger already in the taxicab;
(ii) in an emergency situation;
(iii) when operating a taxicab which is being used exclusively for the
transportation of children to and from school; or
(iv) when operating a taxicab which is being used pursuant to .a
prearranged contract for transportation of physically disabled
persons;
(d) permit a passenger to stand in the taxicab while the taxicab is in motion;
(e) induce any person to engage his taxicab by any misleading or deceiving
statement or representation to that person;
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(f) make any charge for time lost through mechanical defects or inefficiency
of the taxicab or the errors of the driver;
(g) make any charge for the time elapsed due to early arrival of the taxicab in
response to a call for the taxicab to arrive at a fixed time;
(h) use or permit to be used a two-way radio or monitoring device in the
taxicab which enables the transmission and/or reception of any frequency
of a broker with whom the driver is not affiliated;
(i) use any radio system, cell phone or telephone system to speak to anyone
other than a dispatcher while a passenger is in the taxicab;
(j) speak in an obscene, foul, boisterous, racist, loud, threatening or abusive
manner to any person, including a dispatcher, while operating a taxicab;
(k) transport a child under the age of twelve years old in the front seat of the
taxicab without first disengaging the front seat passenger air bag;
(I) knowingly activate the emergency lights on a taxicab except where the
driver believes that a threat exists of harm to any person or damage to, or
loss of, any property; or
(m) accept any order or request for service when the expenditure of money by
the driver is required on behalf of the passenger.
40 When a driver uses a taxicab for transportation of passengers for no gain or
reward or the taxicab is being tested or inspected, the driver shall remove the
roof light from the taxicab and place the taxicab meter in a non-recording
position.
41 If the destination of a trip extends beyond the City, the driver and the passenger
may agree before the start of the trip to a flat rate, however, the taxicab meter
must be in a recording position while the taxicab is within the limits of the City.
PART V -TAXICAB PLATE LICENSES
Obtaining a License
42 In addition to the requirements of Part III, every applicant for a taxicab plate
license shall,
(a) submit to the City a copy of the current Provincial permit for the vehicle to
which the taxicab plate will be attached in good standing with the plate
portion endorsed with a plate owner's or a lessee's name;
(b) submit to the City a copy of the current Ontario Standard Automobile
Insurance policy for the vehicle to which the taxicab plate will be attached,
which policy shall provide that the City shall be given at least fifteen (15)
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t^ days notice in writing prior to cancellation, expiration or change in the
amount of the policy and shall provide insurance in respect of any one
accident a third party liability limit of at least two million dollars
($2,000,000.00);
(c) submit to the City a current Safety Standard Certificate issued by an
authorized vehicle inspection station for the vehicle to which the taxicab
plate will be attached;
(d) pay all fines, penalties, judgments and any other amounts, including
awards of legal costs and disbursements, owing to the City; and
(e) submit to the City the vehicle to which the taxicab plate is to be attached
for inspection and registration by the City.
Term of License
•
43 Every taxicab plate license shall be valid up to and including December 31st in
the year for which it was issued.
Taxicab Plate Licensee Duties
44 Every taxicab plate licensee shall file with the City at least five (5) working days
prior to the expiry date of any current insurance policy all insurance renewal
policies or certificates of insurance evidencing continued compliance with the
requirements of clause 42(b).
45 (1) Every taxicab plate licensee shall maintain each taxicab in operation not
less than thirty-five (35) hours per week for a period of not less than 44
weeks per year.
(2) After receiving a written request, the Taxicab Advisory Committee shall
make a recommendation to Council and Council may permit a taxicab to
be operated less than 44 weeks per year.
46 Every taxicab plate licensee shall,
(a) keep at all times in the taxicab for which the licence has been issued, a
copy of,
(i) the current Ontario Ministry of Transportation passenger motor
vehicle permit issued for that taxicab;
(ii) the current taxicab plate license;.
(iii) the certificate of liability insurance for the taxicab; and
(iv) a taxicab examination log recorded by all drivers of that taxicab
within the immediately preceding three (3) months;
ATTACHMENT# TO REPORT# C7V c=23— l a-
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P"" (b) employ or use only the services of licensed drivers;
(c) provide the City and, where applicable, any broker with whom they are
affiliated, with the names of all drivers who are permitted to operate the
taxicab;
(d) repair any mechanical defects in the taxicab reported to them by.a driver
or the City;
(e) when a taxicab is not expected to be operated for more than five (5)
consecutive days, notify the City of the reason within 3 days of the
temporary halt in operation and prior to resuming operation of the taxicab,
upon request of the City, provide a Safety Standard Certificate issued by
an authorized vehicle inspection station;
(f) upon receipt of a notice of inspection from the City, obtain a current Safety
Standard Certificate issued by an authorized vehicle inspection station
and make the taxicab available for inspection at the appointed time and
place specified in the notice;
(g) ensure that a copy of the current tariff card and the Passenger Rights &
Responsibilities set out in Schedule 3 are affixed to the rear of the front
seat or are otherwise located so that they are plainly visible to passengers
in the back seat; and
(h) maintain in the taxicab a maintenance log of all maintenance and repairs
performed on the taxicab within the immediately preceding six (6) months.
47 (1) Every taxicab plate licensee shall maintain the taxicab in good condition at
all times.
(2) Without limiting the generality of subsection (1), every taxicab plate
licensee shall maintain all drive train components (including the engine,
transmission, suspension and braking system) in accordance with the
standards of Ontario Regulation 611 and maintain all factory and after-
market parts free of defects or damage.
Restrictions
48 No person shall permit a vehicle to be operated as a taxicab without a taxicab
plate affixed to the rear of the vehicle and a taxicab plate license for the vehicle.
49 No person shall publish or cause to be published any representation that he is
licensed or hold himself out as being licensed if he is not licensed.
50 No taxicab plate licensee shall permit a taxicab to be operated unless it complies
with all of the vehicle requirements set out in Part X.
51 No taxicab plate licensee shall permit a taxicab to be operated with mechanical
defects.
ATTACHMENT# 3 TO REPORT# ,g 3-f
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P' 52 No taxicab plate licensee shall permit a taxicab to be operated with any sign,
emblem, decal, ornament or advertisement displayed on or in a taxicab except in
accordance with this by-law.
53 No taxicab plate licensee shall permit a taxicab to be operated unless the current
tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are
affixed to the rear of the front seat or are otherwise located so that they are
plainly visible to passengers in the back seat.
54 No taxicab plate licensee shall permit a taxicab to be operated in affiliation with a
broker who is not licensed.
Vehicle Registration
55 Prior to using any vehicle as a taxicab, every taxicab plate licensee shall submit
the vehicle to the City for inspection and registration.
56 No vehicle shall be registered as a taxicab unless it meets all of the requirements
of Part X.
57 Where a taxicab plate licensee wishes to change the vehicle to which the taxicab
plate is affixed, he shall submit the new vehicle for inspection and, upon
registration of the new vehicle, shall pay the fee set out in Schedule 1.
Temporary Vehicle Change
58 Where a taxicab cannot be operated because of a mechanical defect or damage,
a taxicab plate licensee may, for a temporary period not exceeding 28
consecutive days, affix a taxicab plate to an unregistered vehicle provided,
(a) the vehicle meets all of the requirements of Part X;
(b) a valid Safety Standard Certificate not more than six months old for that
vehicle is on file with the licensing officer; and
(c) the vehicle has passed the most recent inspection by the City.
59 (1) The taxicab plate licensee shall notify the City immediately upon
commencement of its use of a replacement taxicab and shall notify the
City which taxicab it is replacing and confirm that the taxicab plate of the
replaced taxicab has been affixed to the replacement taxicab.
(2) Notice under subsection (1) may be provided by depositing written
notification in the City Hail after hours mail deposit box or by facsimile
transmission to the City if the replacement taxicab is to be used when the
City is not open for business.
60 The taxicab plate licensee shall notify the City immediately upon the return to
service of the replaced taxicab and shall confirm that the taxicab plate has been
reaffixed to the formerly replaced taxicab.
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61 (1) Where the taxicab plate to be affixed to a replacement taxicab is an
accessible taxicab plate, the replacement taxicab shall be an accessible
taxicab.
(2) Where the taxicab plate to be affixed to a replacement taxicab is a clean
air cab plate, the replacement taxicab shall be a clean air cab.
Limitation on Number of Licenses
62 The City recognizes a total of seventy-four (74) taxicab plates as having been
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issued under By-law No. 2206/86, three (3) of which are accessible taxicab
plates.
63 (1) The total number of taxicab plate licenses issued at.any given time shall
not exceed 74 or the number established by the ratio of one licence for
each 1,500 residents of the City, whichever is greater.
(2) For the purposes of subsection (1), the number of residents of the City
shall be as determined by the latest revised population figures available
from Statistics Canada (annual estimates and the five-year actuals).
(3) The City may issue new City plate licenses within three months of receipt
of the population statistics from Statistics Canada if warranted under
subsection (1).
(4) Council may issue up to three (3) clean air cab plate licenses in addition to
the licenses permitted by subsection (1).
PART VI— PLATE OWNERS
Transfer of Plate Ownership
64 No plate owner shall transfer, sell or otherwise dispose of a taxicab plate without
the approval of the City.
65 The City shall not approve the transfer or sale of a taxicab plate unless the plate
owner,
(a) attends in person accompanied by the purchaser to complete and file with
the City a plate ownership transfer form and declaration;
(b) provides a fully executed contract of sale for the taxicab plate;
(c) returns to the City the taxicab plate that is being transferred; and
i"' (d) pays the fee set out in Schedule 1.
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_ 66 When the plate owner is a corporation and at least 51 percent of the voting rights
attached to all shares of that corporation are sold or otherwise disposed of, the
plate shall be deemed to have been transferred. •
Operation/Transfer of a Plate by an Estate
67 Within ninety (90) days following the death of a natural person who is a plate
owner, the executor or administrator of the estate shall file with the City proof of
death of the natural person and proof of the executor's or administrator's
capacity.
68 The executor or administrator may continue to hold the deceased's plates for a
period of up to one (1) year following the date of death and may operate a
taxicab or permit a taxicab to be operated with the deceased's plates attached
provided all of the requirements of this by-law are complied with during such
time.
69 (1) Where the executor or administrator cannot transfer the deceased's plates
within one (1) year following the date of death, the executor or
administrator may apply to Council and Council may, having regard to the
matters set out in section 150, permit the executor or administrator to
continue to operate the taxicab or permit the taxicab to be operated with
the deceased's plates attached for such further period of time as Council
�.... deems appropriate.
(2) If the executor or administrator does not or cannot transfer the deceased's
plates within one (1) year following the date of death, or within such further
period of time as prescribed by Council pursuant to subsection (1),
whichever is later, the deceased's plates shall be deemed to be cancelled
and shall be returned to the City.
Leases
70 (1) No plate owner shall permit a taxicab that the plate owner does not own to
be operated using a plate owner's taxicab plate except under the authority
of a lease that meets the requirements of this section.
(2) Copies of all leases shall be filed with the City.
(3) The name of the lessee shall be endorsed on the plate portion of the
Provincial Motor Vehicle Permit for the vehicle, a copy of which shall be
submitted to the City. •
(4) Leases shall be for a period of not less than one (1) year an not more than
three (3) years.
71 No lessee shall operate a taxicab except under the authority of a lease that
meets the requirements of section 70.
72 No lessee may sublease a lease.
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PART VII—CITY PLATES
Obtaining a License
•
73 In addition to the requirements of Part III and Part V, every applicant for a City
plate licence shall meet the requirements of this Part.
74 All taxicab plates issued to City plate licensees shall remain the property of the
• City.
Plate Eligibility List
75 The City shall maintain a plate eligibility list that contains the names of applicants
for a City plate license in the order of the receipt of their application.
76 No person, by virtue of the submission of an application for a City plate license or
by virtue of the placing of his name on the plate eligibility list, shall obtain a
vested right to a City plate license, or to remain on the plate eligibility list.
77 The City shall issue City plate licenses as they become available to persons in
•
the order in which their names appear on the plate eligibility list.
78 (1) No applicant for a City plate license shall have his name placed on the
plate eligibility list unless, for an average of at least thirty-five (35) hours
per week during at least forty-four (44) weeks per year during the twenty-
four (24) months immediately preceding the date of application, the
applicant has,
(a) held a taxicab driver's license or a similar licence by another
municipality;
(b) held a taxicab plate license or a similar license by another
municipality;
(c) held a brokerage license or a similar license by another
municipality; or
(d) been employed by a broker in the City or any other municipality.
(2) No applicant for a City plate license shall have his name maintained on
the plate eligibility list unless, for an average of at least thirty-five (35)
hours per week during at least forty-four (44) weeks per year during the
immediately preceding twenty-four (24) month period, the applicant has,
(a) held a taxicab driver's license or a similar licence by another
municipality;
(b) held a taxicab plate license. or a similar license by another
municipality;
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(c) held a brokerage license or a similar license by another
municipality; or
(d) been employed by a broker in the City or any other municipality.
(3) The forty-four (44) week requirement in subsections (1) and (2) may be
satisfied in isolation or through any combination of clauses (a), (b), (c) and
(d).
(4) All persons whose names appeared on the waiting list maintained under
By-law 2206/86 shall have their names maintained on the plate eligibility
list if they meet the requirements of subsection (2).
(5) Where on account of disability a person has become unable to drive a
taxicab or to continue employment with a broker, he shall be deemed to
have complied with subsection (2) notwithstanding his continued inability
to drive or be employed, throughout the period of disability if,
(a) immediately prior to the occurrence or onset of the disability he
complied with subsection (2); and
(b) as soon as reasonably possible after the occurrence or onset of the .
disability, he files with the City a certificate from a duly qualified
medical practitioner confirming the disability, and, if applicable, the
date on which the disability ended.
(6) The City shall review the plate eligibility list annually to determine whether
those persons listed on it continue to comply with the requirements of
subsection (2).
(7) (a) Once each year every person whose name appears on the plate
eligibility list shall complete and return to the City, within thirty (30)
days following the date of receipt of notice from the City, a statutory
declaration in a form provided by the City evidencing compliance
with subsection (2).
(b) Persons who fail to comply with clause (a) shall have their names
removed from the plate eligibility list.
(8) Any person whose name is on the plate eligibility list and who no longer
complies with subsection (2) shall have his name removed from the plate
eligibility list.
(9) The City shall give notice to any person whose name is removed from the
plate eligibility list.
79 No person shall hold more than one position on the plate eligibility list at any one
time.
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80 The plate eligibility list shall be available for inspection during normal business
hours of the City.
Registration
81 When a City plate license is approved, the applicant shall, within 30 days of the
date of notification of such approval, register a taxicab to that taxicab plate and
affix the taxicab plate to that taxicab, failing which, the applicant shall not be
issued the City plate license, the applicant's name shall be removed from the
plate eligibility list, and the City may proceed to issue the City plate license to
another eligible applicant.
•
PART VIII–ACCESSIBLE TAXICABS
Obtaining a License
82 In addition to the requirements of Part III and Part V, prior to the issuance of an
accessible taxicab plate license, the applicant shall provide the City with a
current Safety Standard Certificate issued by an authorized vehicle inspection
station showing that the vehicle to which the accessible taxicab plate will be
attached meets the requirements for an accessible taxicab as set out in Ontario
Regulation 629. .
Accessible Taxicab Plate Licensee Duty
83 Every accessible taxicab plate licensee shall ensure that the taxicab is in
compliance with Ontario Regulation 629 at all times during operation of that
taxicab.
Restrictions
84 No person shall operate a vehicle as an accessible taxicab without an accessible
taxicab plate affixed to the rear of the vehicle and an accessible taxicab plate
license for the vehicle.
•
85 No person shall permit a vehicle to be operated as an accessible taxicab without
an accessible taxicab plate affixed to the rear of the vehicle and an accessible
taxicab plate license for the vehicle.
PART IX–CLEAN AIR CABS
Obtaining a License
86 In addition to the requirements of Part Ill and Part V, applicants for clean air cab
plate licenses shall meet the requirements of this Part.
87 Council may issue clean air cab plate licenses without regard to the plate
eligibility list.
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000.. 88 Clean air cab plate licenses shall be issued to applicants selected through
requests for proposals submitted to the City's Supply & Services Division in
accordance with terms established by the City.
89 All plates issued to clean air cab plate licensees shall remain the property of the
City.
90 Clean air cab plates are held by clean air cab plate licensees at the pleasure of
Council and may be revoked by the City, without cause, following a period of
three (3) years from the date of issuance, and upon revocation, shall revert to the
City without compensation to the clean air cab plate licensee.
Restrictions
91 Notwithstanding any other provision of this by-law, clean air cab plate licenses
shall not be transferred, leased or otherwise disposed of by the clean air cab
plate licensee.
92 Clean air cab plate licenses may only be used by clean air cab plate licensees
and one alternate driver whose name has been provided to the City in advance
of any such use.
93 Notwithstanding section 96, any vehicle operated under a clean air cab plate
licence shall be of a model year no older than three years.
94 No person shall operate a vehicle as a clean air cab without a clean air cab plate
affixed to the rear of the vehicle and a clean air cab plate licence for the vehicle.
95 No person shall permit a vehicle to be operated as a clean air cab without a
clean air cab plate affixed to the rear of the vehicle and a clean air cab plate
licence for the vehicle.
PART X VEHICLE REQUIREMENTS
Model Year Restrictions
96 (1) No vehicle more than seven (7) years old according to its model year may
be registered for the first time as a taxicab under this by-law.
(2) No vehicle more than ten (10) years old according to its model year shall
be used as a taxicab in the City.
(3) The requirements of this section shall not apply to a vehicle if,
(a) as of January 1, 2007, the vehicle to be registered for the first time.
as a taxicab is of a model year 1996 or newer, or is an existing
taxicab of a model year 1994 or newer;
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(b) as of January 1, 2008, any vehicle to be registered for the first time
as a taxicab shall be of a model year 1998 or newer, or is an •
existing taxicab of a model year 1996 or newer; or
(c) as of January 1, 2009, any vehicle to be registered for the first time
as a taxicab shall be of a model year 2000 or newer, or is an
existing taxicab of a,model year 1998 or newer.
(4) Commencing on January 1, 2010, subsections (1) and (2) shall apply to all
taxicabs.
Vehicle Standards
97 Every taxicab shall be equipped with,
(a) two (2) emergency lights conforming to the following standards:
(i) equipped with an intermittent flasher to continuously flash until
reset or disengaged;
(ii) amber in colour;
(iii) minimum of 5 centimetres in diameter;
(iv) shock resistant;
(v) wired on a circuit independent from all other equipment in or on the
taxicab;
(vi) visible, upon activation, from the front and rear of the taxicab from a
distance no less than 15 metres during daylight and evening hours;
(vii) installed at opposite ends of the taxicab with one facing toward the
front of the taxicab and one facing to the rear of the taxicab; and
(viii) situated such that the lights, when activated, are not visible to
occupants of the taxicab;
(b) a silent activation switch to activate the emergency lights;
(c) an illuminated activation switch for the emergency lights located in the
trunk of the taxicab located out of plain view, and protected from
accidental activation;
•
(d) a reset/disengage switch for the emergency lights located only in the trunk
of the taxicab, located out of plain view, that remains illuminated so long
as the emergency lights are activated;
(e) an emergency alert system incorporated with a two-way radio system;
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(f) a heater and an air conditioning system in proper working condition;
(g) an extra tire, wheel and jack ready for use for that taxicab, fender
numbers, and properly functioning roof light;
(h) clear untinted glass windows, except such tint as is approved by the City;
and
(i) a taxicab meter that,
(i) has been calibrated to reflect the current fares;
(ii) is in proper working order with the meter seal properly affixed; and
(iii) has been tested and sealed by a licensing officer and mounted in a
position so that it is clearly visible to passengers in the front and
back seats of the taxicab.
98 Notwithstanding clause 97(i)(iii), when a licensing officer is not available to test or
seal a taxicab meter as required, the taxicab plate licensee or driver who has had
a taxicab meter altered, repaired or replaced may operate the taxicab in which
the taxicab meter is installed for a period up to seventy-two (72) hours provided
that,
(a) the driver has in their possession a receipt for the repair or installation of
the taxicab meter from a recognized taxicab meter service provider;
(b) the receipt is signed by the person who made the repairs or installation;
(c) the receipt sets out the date, time and nature of the repair or installation;
and
(d) the licensing officer has been notified that the repair has been made.
99 All taxicab equipment shall be of a type approved by a licensing officer and shall
be installed in locations approved by a licensing officer.
100 Every taxicab shall meet the standards for the issuance of a Safety Standard
Certificate of mechanical fitness and be in compliance with the Ontario Drive
Clean program. -
101 The interior of every taxicab, including the trunk, shall be,
(a) free of all dust, dirt, grease, oil, adhesive resin and any other item which
can be transferred onto the person, clothing or possessions of a
- passenger;
(b) free of all waste paper,•cans, garbage or any other item not intrinsic to the
operation of the taxicab;
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(c) free of noxious substances;
(d) free of tears and cigarette burns in the upholstery;
(e) dry;
(f) in good repair; and
(g) capable of accommodating a wheelchair, walker, or similar device used to
aid physically disabled persons.
102 The exterior of every taxicab shall,
•
(a) be free of all dust, dirt, grease, oil, adhesive resin and any other item
which can be transferred onto the person, clothing or possessions of a
passenger, except water or snow;
(b) be in good repair;
(c) be free from body damage;
(d) have a well maintained exterior paint finish; and
(e) have four matching hubcaps or wheels.
103 Every taxicab shall be a four (4) door sedan or wagon with two rear passenger
doors and a rear seat Width of at least 137 centimetres from inside door to inside
door or be a van equipped with four side doors.
PART XI -BROKERAGE LICENSES
Obtaining a Licence
104 In addition to the requirements of Part III, every applicant for a brokerage licence
shall submit to the City evidence of an affiliation with at least two taxicab plate
licensees and/or lessees.
Term of Licence
105 Every brokerage licence shall be valid up to and including December 31st in the
year for which it was issued.
Broker Duties
106 Every broker shall,
(a) provide the City with a list, showing in numerical order by taxicab plate
number, the name of every driver operating any taxicab with which he has
entered into an arrangement for the provision of taxicab brokerage
services;
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,0""" (b) notify the City within ten (10) days of any additions to or deletions from the
list provided under subsection (a);
(c) prepare and retain for a period of at least six months a record of the time
and date of each dispatch, the driver to whom the order was dispatched,
the taxicab plate number, the pickup location and the destination;
(d) carry on the brokerage twenty-four(24) hours a day;
(e) upon request, inform any person requesting taxicab service of the
anticipated length of time required for a taxicab to arrive at the pickup
location;
(f) when volume of business is such that service will be delayed to any
person requesting taxicab service, inform the person of the approximate
time of the delay before accepting the order;
(g) dispatch a taxicab to any person requesting service within the City unless
the person requesting service has not paid for a previous trip;
(h) carry on business only in the name in which the broker is licensed;
(i) where the broker dispatches to accessible taxicabs, and service is
requested by a disabled person, provide priority service for such person,
"*". but subject to prior requests for service by other disabled persons;
(j) promptly investigate any complaint brought to the broker's attention by a
licensing officer against any driver or taxicab plate licensee and report the
findings to the licensing officer and any action taken;
(k) prepare and file with the City a list of the brokerage's rules and
procedures;
(1) display the brokerage's rules and procedures prominently in the
brokerage's offices;
(m) abide by the brokerage's rules and procedures;
(n) at the request of a licensing officer, not dispatch calls to any taxicab until
further notification;
(o) at the request of a licensing officer, provide a record showing the number
of taxicabs available for service on any particular day, the time(s) when
each taxicab was available for service, and the calls dispatched to each
taxicab;
(p) employ or use only the services of a taxicab plate licensee or a driver; and
(q) maintain an affiliation with at least two taxicab plate licensees and/or
lessees.
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Broker Restrictions
107 No broker shall, •
(a) dispatch to an unlicensed taxicab or an unlicensed driver;
(b) permit any person to use obscene, boisterous, loud, threatening, abusive,
foul or racist language while dispatching;
(c) implement any changes in the rules and procedures outlined in clause
106(1) until the proposed change is filed with the City and displayed
prominently in the broker's office;
(d) accept orders for a parcel delivery unless the driver agrees to take the
order;
(e) require any driver to accept any order requiring the expenditure of money
by the driver on behalf of the customer;
(f) make any charge or financial demand, directly or indirectly, of a taxicab
plate licensee or lessee, other than dues; or
(g) dispatch to a taxicab which is not on the list provided under clause 106(a).
/" 108 No person shall,carry on business as a broker in the City unless he has been
issued a brokerage licence.
PART X11—INSPECTIONS and ORDERS
Rights of Inspection
109 The City shall inspect all taxicabs concurrently with the issuance of any taxicab
plate licence.
110 A licensing officer may, at any time when a taxicab is not engaged in the
transportation of passengers, enter and inspect the taxicab.
111 Every taxicab plate licensee, lessee or driver shall submit or cause his taxicab to
-be submitted for inspection when required to do so by a licensing officer.
112 A licensing officer may require that a taxicab plate licensee, lessee or driver
submit his taxicab for inspection at an appointed time and place provided notice
of the required inspection is given.
113 Nothing in this section shall prevent the removal of any personal property from a
taxicab prior to an inspection.
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114 (1) A licensing officer may require from any person the production of any
license, permit, log, invoice, voucher, appointment book, trip sheet or any
other document in order to ensure compliance with this by-law.
(2) A licensing officer may remove any of the documents referred to in
subsection (1) for the purpose of photocopying provided a receipt is given
and the documents are returned within forty-eight (48) hours of removal.
115 No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection of a taxicab by a licensing officer or the collection of
information by a licensing officer.
Orders
116 Where a licensing officer finds that a taxicab does not comply with any of the
vehicle requirements set out in Part X, he may order the taxicab plate licensee,
driver and/or lessee of the taxicab to remedy the non-compliance.
117 All orders shall provide,
(a) the taxicab plate number of the taxicab;
(b) reasonable particulars of the non-compliance;
(c) the date by which the non-compliance must be remedied; and
(d) the final date for appealing the order.
118 All orders shall be served in the manner set out in section 163.
119 (1) If an order is not complied with by the date specified in the order, the
taxicab plate license in respect of that taxicab shall be suspended as of
12:00 a.m. on that date, and shall only be reinstated if the City receives
satisfactory evidence of compliance.
•
(2) Where a taxicab plate license has been suspended under subsection (1),
and where no satisfactory evidence of compliance is filed with the City
within sixty (60) days from the date of the suspension, the taxicab plate
license shall be revoked.
120 No person shall fail to comply with an order.
Unsafe Taxicabs
121 (1) Where a taxicab is in a condition that poses a danger to the health or
safety of the public, a licensing officer may take custody of the taxicab
plate affixed to the taxicab, cut the seal on the taxicab meter, and order
that the taxicab be immediately removed from service.
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(2) An order issued under subsection (1) may require the taxicab plate
licensee, driver or lessee or to have the taxicab towed to a place of repair
or other private property at his expense.
•
(3) If an order has been issued pursuant to subsection (1), no person shall
operate or permit the operation of that taxicab until the danger has been
removed, the taxicab has been inspected by a licensing officer and the
taxicab meter has been resealed.
PART XIII—SUSPENSIONS, CANCELLATIONS and REVOCATIONS
Taxicab Driver's Licenses
122 A licensing officer may suspend or revoke a taxicab driver's license if the driver
fails to comply with any provision of this by-law and such non-compliance is not
remedied within seven (7) days following notice from the City specifying the
particulars of the non-compliance.
123 (1) When a driver has had his Ontario Driver's License suspended, cancelled
or revoked, the driver shall immediately report that fact to the City and the
taxicab driver's license shall be deemed to be suspended as of the date of
such suspension, cancellation or revocation.
(2) A taxicab driver's license that has been suspended under subsection (1)
shall not be reinstated unless the City receives written confirmation that
the Ontario Driver's License has been reinstated.
(3) If.the City does not receive written confirmation that the Ontario Driver's
License has been reinstated within sixty (60) days from the date of the •
suspension, the taxicab driver's license shall be revoked.
Taxicab Plate Licenses
124 A licensing officer may suspend or revoke a taxicab plate license if the taxicab
plate licensee fails to comply with any provision of this by-law and such non-
compliance is not remedied within seven (7) days following notice from the City
specifying the particulars of the non-compliance.
125 (1) When a taxicab plate licensee ceases to have a current valid Ontario
Standard Automobile Insurance Policy in good standing, his taxicab plate
license shall be suspended as of the date on which such policy ceased to
be in effect.
(2) A taxicab plate license that has been suspended under subsection (1).
shall not be reinstated unless the City receives written confirmation that
the insurance required by clause 42(b) is in place.
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(3) If the City does not receive written confirmation that the necessary
insurance is in place within sixty (60) days from the date of the
• suspension, the taxicab plate license shall be revoked.
126 (1) A licensing officer may demand that.a taxicab plate licensee or lessee file
a current Safety Standard Certificate issued by an authorized vehicle
inspection station for any taxicab registered to him, dated not prior to the.
date of demand and may suspend a taxicab plate license until the
certificate has been filed.
(2) Where the licensing officer demands a Safety Standard Certificate.
pursuant to subsection (1), the taxicab plate licensee shall provide it within
(3) three days.
(3) Where a taxicab plate license has been suspended under subsection (1),
and where no certificate is filed with the City within sixty (60) days from the
date of the suspension, the taxicab plate license shall be revoked.
127 A licensing officer shall revoke a clean air cab plate license if the clean air cab
plate licensee is deceased or is no longer a driver.
Brokers
�.. 128 A licensing officer may suspended or revoke a brokerage license if the broker
fails to comply with any provision of this by-law and such non-compliance is not
remedied within seven (7) days following notice from the City specifying the
particulars of the non-compliance.
General
129 The City may cancel any taxicab driver's license, taxicab plate.license or
brokerage license at any time upon the written request of the driver, taxicab plate
licensee or broker, as the case may be.
130 (1) When a taxicab driver's license, taxicab plate license or brokerage license
has been suspended, cancelled or revoked, the holder of the license shall
return it and, if applicable, the taxicab plate to the City within forty-eight
(48) hours of the suspension, cancellation or revocation.
(2) A licensing officer may enter upon any business premises or into the
taxicab of any licensee whose license has been suspended, cancelled or
revoked for the purpose of removing the license and, if applicable, the
taxicab plate.
131 No person shall refuse to deliver or in any way obstruct or prevent a licensing
officer from obtaining a license that has been suspended, cancelled or revoked.
132 No person shall operate a taxicab or permit the operation of a taxicab by a driver
whose taxicab driver's license has been suspended, cancelled or revoked.
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133 No person shall operate a taxicab or permit the operation of a taxicab in respect
of which the taxicab plate license has been suspended, cancelled or revoked.
134 No person shall operate a brokerage in respect of which the brokerage license
has been suspended, cancelled or revoked.
PART XIV—APPEALS
Appeal Rights
135 Applicants may appeal a licensing officer's refusal to issue a license.
136 -A person whose name has been removed from the plate eligibility list pursuant to
subsection 78(8) may appeal the decision.
137 A driver:whose taxicab driver's license has been suspended or revoked pursuant •
to section 122 may appeal the decision.
138 A taxicab plate licensee whose taxicab plate license has been suspended or
revoked pursuant to section 124 may appeal the decision.
139 Persons to whom an order under section 116 has been directed may appeal the
order.•
Filing of Appeal
140 All appeals must be submitted to the City Clerk within fourteen (14) days of the
date of the decision or order being appealed.
141 All appeals shall be in writing and shall include,
(a) the reason(s) for the appeal;
(b) an identification of the appellant and any other party;
(c) the name of any agent, representative or lawyer representing the
applicant;
(d) the municipal addresses, telephone numbers, facsimile numbers and
email addresses for each person identified in clauses (b) and (c); and
(e) the appeal fee set out in Schedule 1.
Effect of Appeal
142 Until such time as Council has made a decision respecting the appeal, the
decision or order being appealed shall be stayed.
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" Hearing
143 The Taxicab Advisory Committee shalt hear all appeals under this by-law.
144 Upon receipt of an appeal, the City Clerk shall, as soon as is practicable, notify
the appellant and all other parties of the date, time and location of the hearing.
145 All hearings before the Taxicab Advisory Committee shall be conducted in
accordance with Rules of Procedure approved by Council.
146 Following a hearing, the Taxicab Advisory Committee shall, as soon as is
practicable, make a written recommendation to Council with reasons, after which
Council shall make its decision.
147 If an appellant fails to appear at a hearing, the decision or order appealed shall
be deemed to be in full force and effect as if no appeal had been filed.
•
Council Powers.
148 On an appeal, Council may make any decision that the licensing officer could
have made and may make its decision subject to such conditions as it considers
advisable.
149 When making its decision on appeals, Council shall have regard to the following
matters (where applicable):
(a) the purposes of this by-law as set out in Part II;
(b) the matters set out in section 17;
(c) the appellant's record of complying or not complying with any of the
provisions of this by-law or any condition imposed on a license;
(d) any convictions of the appellant or any outstanding charges against the
appellant under any provincial or federal statute or regulation including the
Criminal Code of Canada and the Controlled Drugs and Substances Act
(Canada);
(e) the results of any testing, training, educational or awareness program
completed or not completed by the appellant; and
(f) any other thing or matter that may affect the appellant's ability to hold a
license.
150 The decision of Council on an appeal shall be final and binding.
�-- 151 Notice of the decision of Council shall be given to the appellant and any other
person present at the hearing.
152 Council's decision shall take effect on the day that it is made.
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PART XV-OFFENCES / PENALTIES
153 (1) Every person who contravenes any provision of this by-law, and every
director or officer of a corporation who concurs in such contravention by
the corporation, is guilty of an offence and, subject to subsection (2), upon
conviction is liable to a fine not exceeding $25,000 or to imprisonment for
a term not exceeding one year, or to both.
(2) Where a corporation is convicted of an offence under subsection (1), the
maximum penalty that may be imposed on the corporation is $50,000.
154 No person shall make a false or intentionally misleading recital of fact, statement
or representation in any statutory declaration, application or other document
required by this by-law.
PART XVI -GENERAL
Plate Replacement
155 When a taxicab plate is defaced, destroyed or lost, the taxicab plate licensee
shall apply to the City for a replacement and shall pay the appropriate fee under
Schedule 1 within 14 calendar days of the damage, loss or destruction.
156 Where the taxicab plate is lost or destroyed, the taxicab plate licensee shall file a
police report detailing the circumstances of the loss or destruction and the City
shall issue a replacement plate.
Compliance with Other Laws
157 In addition to every other requirement imposed by this by-law, every license is
issued subject to the condition that all federal, provincial and municipal laws, by-
laws, rules, regulations, orders, approvals, permits, standards, and all other
governmental requirements applicable to the operation of the business so
licensed must be complied with.
Changes
158 When a licensee changes his name or address or any information relating to his
license, he shall notify the City within forty-eight (48) hours of the change and
shall return the license immediately to the City for amendment.
159 Where there is to be a change in the composition of a licensed partnership, the •
proposed change must be registered with the City.
160 Where there is to be a change in the composition or the controlling interest of a
�'-' licensed corporation, the proposed change must be registered with the City.
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Fees
161 Persons receiving a service listed in Schedule 1 shall pay the fee set out in
Schedule 1 for that service.
Fare Adjustments
'162 The fares set out in Schedule 2 shall be reviewed annually by the. Taxicab
Advisory Committee to determine whether to recommend a change to Council.
Notice
163 Any notice required to be given under this by-law or any order served under Part
XII shall be in writing and shall be sufficiently given or served if delivered in
person or sent by registered mail to the last address on file with the City.
164 Each notice given or order served shall be deemed to have been received on the
day it was delivered or on the third business day after it was mailed, as the case
may be, whether or not.it is actually received.
Repeal
165 By-law No. 2206/86 is repealed.
166 By-law No. 6595/05 respecting fees, is amended to reflect the. fees set out in
Schedule 1.
Short Title
167 This by-law may be cited as the Taxicab Licensing By-law.
Effective Date
168 This by-law shall come into effect on January 1, 2007.
BY-LAW read a first, second and third time and finally passed this 18th day of
September, 2006.
f0
(
David ' ..yor
Debi A. Bentley, City Clerk
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SCHEDULE 'I
FEES
LICENSE FEES ANNUAL FEE
•
(a) Plate owner license (one year) $ 250.00
(b) Brokerage license(one year) 150.00
(c) Taxicab driver's license (two years) 100.00
(d) Clean air cab plate license (one year) 1,000.00 •
(e) Plate owner license—vehicle that meets the
requirements of a clean air cab (one year) 125.00
(f) City plate license (one year) 2,000.00
OTHER FEES
(g) Transfer of plate owner's plate $ 500.00
(h) Driver testing and training program (exclusive of CPR) 275.00
(i) First Aid/CPR Certificate 75.00
(j) Filing an appeal 75.00
(k) Replacement of taxicab driver's license 20.00
(I) Replacement of taxicab plates 25.00
(m) Replacement of each tariff card/Passenger Rights
& Responsibilities 10.00
(n) Change of registered vehicle 100.00
(o) Re-inspection without taxicab meter 20.00
(p) Re-inspection with taxicab meter 35.00
(q) Lease filing 50.00
(r) Late Cancellation/No Show for Inspection 15.00
(s) Plate eligibility list application (every year) 20.00
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SCHEDULE 2
TARIFFS/FARES
1. For the first one-eighteenth kilometer or part thereof $2.75 (incl. GST)
2. For each additional one-eighteenth kilometer or part
thereof $0.10 (incl. GST)
3. For waiting time while under engagement, per minute $0.40 (incl. GST)
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SCHEDULE 3
TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES
Taxicab passengers in Pickering are entitled to a professional driver who,
• is licensed by the City of Pickering and prominently displays his/her taxicab driver license
inside the taxicab;
• knows the major routes and destinations in the City;
• is well-groomed, neat and clean in personal appearance;
• is courteous and provides assistance;
• provides a safe ride;
• knows and obeys all City by-laws and all traffic laws;
• offers a silent ride if desired;
• takes the most direct route to the destination unless otherwise directed by the passenger,
• keeps the interior of the taxicab clean and free of debris; and
• issues a receipt upon request noting the date and time of the trip, place of pick up, place of
discharge, taxicab plate number, driver name, Provincial plate number and the fare paid.
Taxicab passengers in Pickering are entitled to a quality taxicab,
• in good mechanical and physical condition;
• with a properly calibrated and sealed taxicab meter;
• with a clean exterior, passenger area and trunk;
• that is heated or air conditioned on demand; and
• ' that is smoke—free.
Taxicab passengers in Pickering,
• cannot eat, drink or smoke inside the taxicab;
• cannot interfere with the taxicab driver in the conduct of his/her duties;
• are responsible for any damage caused to the taxicab; and
./^ • are required to pay the required fare.
Customer compliments and/or complaints may be directed to the City's Licensing Information
Line at 905.420.4611 or by e-mail at bylaw@ city.pickering.on.ca.