HomeMy WebLinkAboutBYL 02-19 - MemoC40i
DICKERING
Memo
To: Mayor
Members of Council
Tony Prevedel, Chief Administrative Officer
From: Kimberly Thompson
Manager, Municipal Law Enforcement Services
Copy: Director, Corporate Services & City Solicitor
City Clerk
December 12, 2019
Subject: Revised Fees, Staffing Requirements and Passenger Rights and Responsibilities
Vehicle for Hire Report BYL 02-19
File: L-2330-001-19
As a follow up to the discussion that took place at the Executive Committee on December 2, 2019,
and in relation to new data provided by Uber outlining the number of trips originating in Pickering
each month (25,000) and the number of unique drivers on the platform per quarter (over 10,000),
staff have prepared revisions to the fees outlined in Schedule 1 of the proposed Vehicle for Hire
By-law that better reflect the cost recovery requirements of the City.
The per driver fee has been replaced with a per trip fee of .30 cents per trip, consistent with the
per trip fee adopted by some other Greater Toronto Area municipalities (Brampton, Mississauga
and Toronto). As the fee is based on the number of trips, it automatically is adjusted to the scale
of Uber and other PTC's operation in Pickering. Based on Uber's 300,000 trips per year, this fee
will generate $90,000.00 in annual revenue from their operation. The standard licensing fee of
$20,000.00 for PTC's with over 100 drivers will also remain in affect.
In addition the accessible service supplement of .30 cents per trip has been reduced to .07 cents
per trip. The City of Toronto has recommended implementing a .10 cent per trip fee as an
accessible service supplement and this is in line with their proposal. Calculated at 300,000 trips
per year, this accessible service supplement will total $21,000.00 in fees from Uber.
In consultation with other municipal enforcement agencies, Lyft's total number of trips is estimated
to be approximately 10% of Uber's business numbers. The estimate of licensing fees to be paid
by Lyft would thus be approximately $31,100.00.
Based on the fee revisions proposed, the financial implications as noted in Report BYL 02-19 will
now result in projected licensing revenue of approximately $162,100.00 per year.
The updated data provided by Uber also compelled staff to review whether the staffing requested
to administer the Vehicle for Hire By-law requirements would be sufficient to handle the significant
increase in PTC trips. For enforcement purposes, staff have kept the recommendation to one
additional full-time Municipal Law Enforcement Officer. However, based on discussions with other
Revised Fees, Staffing Requirements and Passenger Rights and Responsibilities
Vehicle for Hire Report BYL 02-19
December 12, 2019 Page 2
municipal enforcement agencies, staff also believe significant IT support will be required to
manage the data related to regulating PTC's. Brampton and Mississauga have developed mobile
applications for their enforcement officers to ensure appropriate data is available while officers are
in the field conducting inspections. Due to Pickering's limited resources, staff are recommending
the City enter into discussions with Brampton or Mississauga to purchase the use of the
application developed by their staff. In addition staff are recommending the creation of one full-
time position in Information Technology to administer and manage data from PTC's. It is
estimated the cost of this position will be approximately $71,000.00 per year. Staff will include
requests for these recommendations in the 2020 budget submissions.
Discussions with other GTA municipalities have indicated Uber and Lyft are very compliant with
the requirements of the applicable municipal by-laws. However, it is still the responsibility of the
municipality to ensure there are adequate resources to administer and audit to monitor
compliance of both the PTC's and their drivers.
A conference call was held with representatives from Uber on Wednesday December 4t", 2019.
During this call, staff requested Uber provide sample data reports to gain a better understanding
of how data is provided and whether there are sufficient staff to review and interpret the data. A
request was also made for Uber's proposed fees. Uber responded with a letter (Attachment 2),
suggesting licensing fees be amended to a $20,000.00 license fee plus 6 cents per trip, plus a flat
accessible surcharge of $10,000.00. This would total approximately $48,000.00 annually in
licensing fees paid by Uber. This figure is far below what staff believe is necessary to recover the
costs associated with regulating over 300,000 PTC trips per year. Uber failed to provide the
sample data requested.
Consultants from Lyft contacted the City on December 5t", 2019 for information on when the
Vehicle for Hire By-law would be enacted. During the conversation, the same request was made
for both trip data and fee proposals to be received by Tuesday December 10, 2019. No
information was provided by Lyft.
Further, as per the discussion at Executive Committee, where staff were requested to review the
removal of the requirement to post the Passenger Rights and Responsibilities in each taxicab,
revisions have been made to the appropriate sections of the Vehicle for Hire By-law to maintain
this requirement.
Staff recommend that Council enact the attached Vehicle for Hire By-law, replacing the version of
the Vehicle for Hire By-law included with Report BYL 02-19 as Attachment No 1. The attached
By-law incorporates the changes to fees and the inclusion of the Passenger Rights and
Responsibilities, as outlined above.
In order to have this new version of the By-law enacted, Staff are recommending that Item 2 of the
recommendation in Report BYL 02-19 be amended to read:
2. That Council enact the revised Vehicle for Hire By-law attached to the Memorandum
from the Manager, Municipal Law Enforcement Services, dated December 12, 2019.
Revised Fees, Staffing Requirements and Passenger Rights and Responsibilities
Vehicle for Hire Report BYL 02-19
December 12, 2019 Page 2
Attachments
1 Revised Draft Vehicle for Hire By-law
2 Letter from Uber dated December 10, 2019
Attachment #1 to Memorandum
The Corporation of the City of Pickering
By-law No. /19
Being a by-law to license, regulate and govern
vehicles for hire within the City of Pickering.
Whereas, section 151 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;
Whereas section 156 of the Municipal Act, 2001, provides further authority for the
licensing regulating and governing of the owners and drivers of taxicabs;
Whereas the City of Pickering wishes to license, regulate and govern vehicle for hire
businesses within the City; and
Now therefore the Council of the Corporation of the City of Pickering enacts as follows:
PART I — INTERPRETATION
Definitions
1 In this by-law,
"accessible service" means a vehicle for hire that is used for the provision of
either taxicab or transportation services to persons with disabilities;
"accessible service supplement" means a surcharge to be paid by all vehicle
for hire license holders that do not provide accessible services;
"accessible taxicab" has the same meaning as in section 1 of R.R.O. 1990,
Regulation 629;
"accessible taxicab driver" means a taxicab driver who operates an accessible
taxicab that is primarily used to provide accessible service;
"accessible taxicab plate licence" means a licence 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 licence has been issued;
"affiliated" means a person registered with a PTC or under contract to a
brokerage and "affiliation" has a corresponding meaning;
Vehicle for Hire By-law xxxx/19 Page 2
"applicant" means a person applying for a licence or a renewal of a licence and
"application" has a corresponding meaning;
"authorized vehicle inspection station" means a place designated by the City
to conduct vehicle safety inspections;
"auxiliary service" means a pre -arranged service calculated at an hourly rate
that, in addition to transportation, provides additional support and assistance to
the customer such as door-to-door accompaniment, attending appointments,
assisting with purchases or other special needs services;
"auxiliary service vehicle" means a vehicle involved in providing auxiliary
service as defined by this by-law;
"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;
"brokerage licence" means a licence 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;
"City" means the geographical area of The City of Pickering or the Corporation
of the City of Pickering, as the context requires;
"City plate licence" means a licence issued by the City to permit the operation
of an approved vehicle as a taxicab;
"City plate licensee" means a person to whom a City plate licence has been
issued;
"clean air cab" means a taxicab that is a hybrid vehicle, or a vehicle that is
powered by propane, natural gas, bio -fuel, or electricity;
"Council" means the Council of the City;
"Designated Driver Service" means the transportation of a vehicle owner and
that person's passengers, if any, in the vehicle owner's vehicle from any place in
the City to any other place for payment of a fee;
"Disabled person" has the same meaning as in the Ontarians with Disabilities
Act S.O. 2001 C.32 section 2(1).;
"dispatch" means to communicate orders or other information in any manner
between a broker and a driver;
Vehicle for Hire By-law xxxx/19 Page 3
"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 taxicab drivers;
"driver's abstract" means a Driver Record Search issued by the Ministry of
Transportation;
"fare" means the total amount charged to a person for a trip in accordance with
Schedule 2;
"facilitate" includes, but is not limited to, advertising, offering, operating,
receiving, relaying, authorizing, enabling, communicating or providing;
"fender numbers" means permanent lettering representing the taxicab plate
number of at least 15 cm in height, in a contrasting colour to the vehicle and
affixed on both front fenders in a location approved by the City;
"good condition" means all equipment is functional, there is no damage to the
interior or exterior, there is a well-maintained paint finish, the vehicle is clean
both inside and out, there are no warning lights on indicating service issues that
need to be addressed, and the vehicle has four matching rims or hub cabs;
"identification card" means information in written or accessible electronic form
providing the following:
(1) the first name and photograph of the PTC Driver;
(2 the make, model and licence plate number of the PTC Vehicle(s) used by
the PTC Driver
(3) the name and contact information of the PTC; and
(4) the Insurance policy coverage for the PTC Vehicle.
"industry participants" means personal transportation companies, PTC
Drivers, taxicab plate owners, taxicab drivers, dispatchers, taxicab plate
licensees, lessees and taxicab 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 taxicab plate owner and a taxicab
driver under which the plate owner authorizes the taxicab driver to use a taxicab
plate for a fee;
"lessee" means a taxicab driver who has entered into a lease;
"licence" means any licence of any kind issued pursuant to this by-law;
"licensed" means licensed under this by-law;
Vehicle for Hire By-law xxxx/19 Page 4
"licensing officer" means a City employee who has been delegated the task of
issuing licenses in relation to the requirements of 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 fifty dollars for a single conveyance, that does not contain a
taxicab meter, roof light or two—way radio (or similar device);
"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;
"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;
"operate", when used in reference to a vehicle for hire, includes driving a
taxicab or PTC Vehicle and making it available to the public in service as a
taxicab or for transportation service in relation to a PTC Vehicle and includes
when the PTC Driver is logged into or otherwise accessing the PTC platform, 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 or a PTC Vehicle through the
PTC platform;
"passenger" means any person other than the driver seated in a taxicab or PTC
Vehicle or any person engaging or attempting to engage the services of a PTC
Vehicle or taxicab;
"person" means an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and includes the heirs, executors or legal
representatives of the person;
"Personal Transportation Company" and "PTC" each means a Person that, in
any manner, facilitates transportation services using a Platform to connect a
Passenger with a PTC Driver or a PTC Vehicle;
"Personal Transportation Company Driver" means a Person registered or
affiliated with a PTC that transports a Passenger using a PTC Platform and may
also be referred to as a "PTC Driver";
"Personal Transportation Company Identifier" means a sign, including a
decal, displaying the logo or name of the PTC, in a form approved by the City
and may also be referred to as a "PTC Identifier";
"Personal Transportation Company Licence" means a Licence issued under
this By-law to a PTC and may also be referred to as a "PTC Licence";
Vehicle for Hire By-law xxxx/19 Page 5
"Personal Transportation Company Vehicle" means a Motor Vehicle used by
a PTC Driver to provide transportation services to a Passenger using the PTC
Platform and may also be referred to as a "PTC Vehicle";
"platform" means any software, technology, or service, including a smartphone
application which permits passengers to obtain and pay for transportation;
"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;
"service animal" means an animal trained by a recognized school for service as
a guide dog for the blind or visually impaired, a guide dog for the deaf or hearing
impaired, or a special skills dog for other persons with a disability and includes
an animal used in therapy, registered with a recognized organization for that
purpose;
"solicit" means to appeal for a passenger by sound, words, signs or gestures
directed at any person, but does not include communication over a PTC platform;
"street hail" means to appeal for a ride by a person using sounds, words, signs
or gestures directed at a taxicab or PTC Driver, but does not include
communication over a PTC platform;
"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, a PTC vehicle, an auxiliary service vehicle, a vehicle used
by a Designated Driver Service, an ambulance, a funeral hearse, a limousine or
a vehicle described in subsection 156(2) of the Municipal Act, 2001;
"taxicab driver" means a person licensed to operate a taxicab;
"taxicab driver's licence" means a licence issued by the City to permit an
individual to operate a taxicab;
"taxicab meter" means a measuring device approved by the City and used in a
taxicab to calculate a fare;
Vehicle for Hire By-law xxxx/19 Page 6
"taxicab plate" means a metal plate bearing the taxicab plate number assigned
by the City;
"taxicab plate licence" means a taxicab plate owner licence, City plate licence,
and/or, accessible taxicab plate licence as the context requires;
"taxicab plate licensee" means a person to whom a taxicab plate licence has
been issued;
"taxicab plate eligibility list" means the list of applicants for a City plate licence
maintained by the City;
"taxicab plate owner" means a person who is the owner of a taxicab plate
according to City records;
"taxicab plate owner licence" means a licence issued by the City to a taxicab
plate owner to permit the operation of a specific vehicle as a taxicab;
"taxicab plate owner licensee" means a person to whom a taxicab plate owner
licence has been issued;
"transportation service" means a trip arranged through a platform commencing
when a passenger enters the PTC Vehicle, continuing for the period that the PTC
Vehicle is continuously occupied, and ending when all passengers exit the PTC
vehicle;
"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
"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;
Vehicle for Hire By-law xxxx/19 Page 7
"vehicle for hire" means a motor vehicle that is conveying or available for
conveying one or more persons in exchange for a fee or other consideration and
includes without limitation a taxicab and a PTC Vehicle;
"Vehicle for Hire Advisory Committee" or "VHAC" means the advisory
committee delegated to hear appeals under this by-law and make
recommendations to Council regarding the regulation of the vehicle for hire
industry;
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.
PART II - PURPOSES
7 The City 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 services; and
(c) to promote accountability of industry participants for health and safety
issues.
8 The City 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 vehicle for hire services;
Vehicle for Hire By-law xxxx/19 Page 8
(b) to ensure consistency in the application of fares; and
(c) to promote accountability of industry participants for consumer protection.
PART III — APPLICATIONS
Submission of Applications — All Applicants
9 Applications shall be completed and submitted on forms provided by the City.
10 When submitting an application, every applicant shall provide all information
requested by the City including supporting documentation satisfactory to the City.
11 Every application shall be submitted with the applicable licence fee specified in
Schedule 1.
12 Receipt of an application and a licence fee by the City shall not represent
approval of the application nor shall it obligate the City to issue a licence.
13 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)
(b)
the full name of every partner and their address of ordinary residence;
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.
14 Every corporation applying for a licence 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
(unless the applicant is a publicly traded corporation);
(b) the full name of every director and their address of ordinary residence;
(c) the name or names under which the corporation carries on or intends to
carry on business; and
(d) the mailing address for the corporation.
Vehicle for Hire By-law xxxx/19 Page 9
Issuance of Licenses
15 A licensing officer may issue a licence 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 licence fee has been paid.
Disqualifications
16 A licensing officer shall refuse to issue a licence if,
(a) the applicant has been convicted within the past ten years of an offence,
for which a pardon has not been granted, under Part III (Firearms and
Weapons), 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 or Stunt Driving under the Highway
Traffic Act;
(b) the applicant has submitted false information in support of the application;
(c) the issuance of the licence would contravene any of the provisions of this
by-law;
(d) the application is for a City plate licence which, if issued, would exceed the
maximum number of City plate licenses permitted under this by-law;
(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.
17 A licensing officer may refuse to issue a licence if the applicant has failed to pay
fines imposed for previous convictions relating to contraventions of any municipal
by-laws.
18 The licensing officer may include in consideration of subsection 16 (f), whether
the applicant has permitted a PTC driver to access the PTC platform where a
criminal reference check discloses an outstanding criminal conviction, or any
record of offence that is less than ten (10) years and relevant to the nature of the
services of a PTC Driver, or any record of offence that directly affects the PTC
Driver's ability to competently and responsibly carry on the services of a PTC
Driver, including but not limited to: an offence under the Criminal Code, the
Narcotics Control Act, the Cannabis Act or the Food and Drug Act.
19 The licensing officer may refuse to issue a licence where the applicant has been
convicted of a criminal offence other than those set out in clause 16(a) or an
offence under the Controlled Drugs and Substances Act (Canada).
Vehicle for Hire By-law xxxx/19 Page 10
PART IV — TAXICAB DRIVER'S LICENSES
Obtaining a Licence
20 In addition to the requirements of Part III, every applicant for a taxicab driver's
licence shall submit to the City,
(a) a current valid Class 'G' (minimum) driver's licence issued by the Province
of Ontario which is in good standing according to the records of the
Ministry of Transportation;
(b) a driver's abstract dated within 30 days of the date of application; and
(c) an original CIR dated within 30 days of the date of application.
21 Every applicant for a taxicab driver's licence shall pose for an identification
photograph as part of the taxicab driver's licence issued by the City.
Testing and Training
22 Every applicant for a taxicab driver's licence 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.
23 The City may waive the requirement of section 22 for renewing applicants,
provided they have previously completed a taxicab driver training and testing
program approved by the City.
24 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 Vehicle for Hire Advisory Committee and/or attend a testing and
training program at the driver's expense.
Term of Taxicab Driver's Licence
25 Every taxicab driver's licence shall be valid for a period of two years from the
date of issuance.
Taxicab Driver Duties
26 Every taxicab driver shall,
(a) 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
and whenever there is a dispute over the fare;
Vehicle for Hire By-law xxxx/19 Page 11
(b) subject to section 27, 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 service 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;
(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 or vape in the vehicle.
(c) take the most direct available route to the passenger's desired destination
unless the passenger requests otherwise;
(d) prepare trip sheets;
(e) retain all trip sheets for at least three (3) months and make them available
for inspection at the request of the City;
(f) subject to paragraph (g), engage the taxicab meter only when the
passenger enters the taxicab and keep it engaged throughout the trip;
(g) 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;
(h) 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; and
Vehicle for Hire By-law xxxx/19 Page 12
(i)
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.
27 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.
28 Every driver who has been convicted of an offence described in clause 16(a)
shall, within five (5) calendar days of being so convicted, report that fact to the
City.
29 The City may at any time, require a driver to provide a CIR or a driver's abstract.
Taxicab Driver Restrictions
30 a) No person shall operate a taxicab unless he has been issued a taxicab
driver's licence.
b) No person shall permit a vehicle to be operated as a taxicab by anyone
other than a taxicab driver.
31 No person shall charge a fare or fee to carry passengers or offer to carry
passengers for a fare or fee unless the vehicle used or to be used has a valid
City Plate Licence, Taxicab Plate Licence, or Accessible Taxicab Plate Licence
affixed to it.
32 No taxicab driver shall operate a taxicab without a taxicab plate affixed to the
rear of the vehicle and a taxicab plate licence for the vehicle.
33 No taxicab driver shall operate a taxicab unless it complies with all of the vehicle
requirements set out in Part XI.
34 No taxicab driver shall operate a taxicab with mechanical defects.
35 No taxicab driver shall display any sign, emblem, decal, ornament or
advertisement on or in a taxicab except as approved by the City.
36 No taxicab driver shall operate a taxicab unless the current tariff card and the
Passenger Rights and Responsibilities set out in Schedule 3 are affixed to the
rear of the front seat or otherwise located so that they are plainly visible to
passengers in the back seat.
37 No taxicab driver shall operate a taxicab with a greater number of passengers
than seatbelts are available for.
38 No taxicab 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.
Vehicle for Hire By-law xxxx/19 Page 13
39 (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 taxicab 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.
40 No taxicab driver shall,
(c)
(d)
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;
smoke or allow or permit the smoking of any equipment or product
including but not limited to cigar, cigarette, pipe, hookah or any other lit
smoking product or vaping product, whether lit by flame or battery
powered;
use any tariff card other than that obtained from the City; or
speak in an obscene, foul, boisterous, racist, loud, threatening or abusive
manner to any person, including a dispatcher, while operating a taxicab.
41 When a taxicab driver uses a taxicab for transportation of passengers for no gain
or reward or the taxicab is being tested or inspected, the taxicab driver shall
remove the roof light from the taxicab and place the taxicab meter in a non -
recording position.
42 If the taxicab driver and the passenger agree before the start of the trip to a flat
rate, the taxicab meter must, in any event, be in a recording position for the
duration of the trip.
PART V - TAXICAB PLATE LICENSES
Obtaining a Licence
43 In addition to the requirements of Part III, every applicant for a taxicab plate
licence shall,
(a) submit a copy of the current Ontario Ministry of Transportation Motor
Vehicle 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 a copy of the current Ontario Standard Automobile Insurance
policy for the vehicle to which the taxicab plate will be attached, which
provides that the City shall be given at least fifteen (15) days' notice in
Vehicle for Hire By-law xxxx/19 Page 14
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 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 the vehicle to which the taxicab plate is to be attached for
inspection and registration by the City.
Term of Taxicab Plate Licence
44 Every taxicab plate licence shall be valid up to and including December 31St in
the year for which it was issued.
Taxicab Plate Licensee Duties
45 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 43(b).
46 Every taxicab plate licensee shall,
(a) at all times keep copies of the following in the taxicab:
(i) the current Ontario Ministry of Transportation passenger motor
vehicle permit issued for that taxicab;
(ii) the current taxicab plate licence;
(iii) the certificate of liability insurance for the taxicab;
(b) employ or use only the services of licensed taxicab drivers;
(c) provide the City and, where applicable, any broker with whom they are
affiliated, with the names of all taxicab drivers who are permitted to
operate the taxicab;
(d) repair any mechanical defects in the taxicab reported to them by a taxicab
driver or the City;
(e) 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; and
Vehicle for Hire By-law xxxx/19 Page 15
(f)
ensure a current tariff card and the Passenger Rights and Responsibilities
set out in Schedule 3 are affixed to the rear of the front seat or otherwise
located so that they are plainly visible to passengers in the back seat.
47 Every taxicab plate licensee shall provide accessible taxicab service, or pay an
accessible service supplement as outlined in Schedule 1.
48 (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.
Taxicab Plate Licensee Restrictions
49 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 licence for the vehicle.
50 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.
51 No taxicab plate licensee shall permit a taxicab to be operated unless it complies
with all of the vehicle requirements set out in Part XI.
52 No taxicab plate licensee shall permit a taxicab to be operated with mechanical
defects.
53 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 as
approved by the City.
54 No taxicab plate licensee shall permit a taxicab to be operated unless the current
tariff card and the Passenger Rights and Responsibilities set out in Schedule 3
are affixed to the rear of the front seat or otherwise located so that they are
plainly visible to passengers in the back seat.
55 No taxicab plate licensee shall permit a taxicab to be operated in affiliation with a
broker who is not licensed.
Vehicle Registration
56 Prior to using any vehicle as a taxicab, every taxicab plate licensee shall submit
the vehicle to the City for inspection and registration.
57 No vehicle shall be registered as a taxicab unless it meets all of the requirements
of Part XI.
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58 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.
Limitation on Number of Licenses
59 The City recognizes a total of seventy-eight (78) taxicab plate licences as having
been issued under By-law No. 6702/06, three (3) of which are accessible taxicab
plates.
60 (1) The total number of taxicab plate licenses issued at any given time shall
not exceed 78 or the number established by the ratio of one licence for
each 2,500 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.
(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).
PART VI — PLATE OWNERS
Transfer of Plate Ownership
61 No taxicab plate owner shall transfer, sell or otherwise dispose of a taxicab plate
without the approval of the City.
62 The City shall not approve the transfer or sale of a taxicab plate unless the
taxicab 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
(d) pays the fee set out in Schedule 1.
63 The transfer of at least 51 percent of the voting shares of a corporation that is a
Taxicab Plate Owner constitutes a transfer for the purposes of sections 61 and
62.
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Operation/Transfer of a Plate by an Estate
64 Within ninety (90) days following the death of a natural person who is a taxicab
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.
65 The executor or administrator may continue to hold the deceased's plate(s) 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 plate(s) attached
provided all of the requirements of this by-law are complied with during such
time.
66 (1) Where the executor or administrator cannot transfer the deceased's
plate(s) within one (1) year following the date of death, the executor or
administrator may apply to the VHAC to permit the executor or
administrator to continue to operate the taxicab or permit the taxicab to be
operated with the deceased's plate(s) attached for such further period of
time as the VHAC deems appropriate.
(2) If the executor or administrator does not or cannot transfer the deceased's
plate(s) within one (1) year following the date of death, or within such
further period of time as prescribed by the VHAC pursuant to subsection
(1), whichever is later, the deceased's plate(s) shall be deemed to be
cancelled and shall be returned to the City.
Leases of Taxicab Plates
67 (1) No taxicab plate owner shall permit its taxicab plate to be used for a
taxicab that the taxicab plate owner does not own 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) Leases shall be for a period of not less than one (1) year and not more
than three (3) years.
68 No lessee shall operate a taxicab except under the authority of a lease that
meets the requirements of section 67.
69 No lessee may sublease a taxicab plate.
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PART VII — CITY PLATES
Obtaining a Licence
70 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.
71 All taxicab plates issued to City plate licensees shall remain the property of the
City.
72 All City Plates must be operated as accessible taxicabs and affixed to an
accessible taxicab vehicle.
73 Notwithstanding any other provision of this by-law, City plate licenses shall not be
transferred, leased or otherwise disposed of by the City plate licensee.
74 City plate licenses may only be used by City plate licensees and one alternate
taxicab driver whose name has been provided to the City in advance of any such
use.
Plate Eligibility List
75 The City shall maintain a plate eligibility list that contains the names of applicants
for a City plate licence in the order of the receipt of their application.
76 No person, by virtue of the submission of an application for a City plate licence or
by virtue of the placing of his name on the plate eligibility list, shall obtain a
vested right to a City plate licence, 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 licence shall have his name placed or
maintained on the plate eligibility list unless the applicant has,
(a) a taxicab driver's licence or a similar licence by another
municipality; or
(b) a taxicab plate licence or a similar licence by another municipality.
(2) 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.
(3)
All persons whose names appeared on the plate eligibility list maintained
under By-law 6702/06 shall have their names maintained on the plate
eligibility list if they meet the requirements of subsection (1).
Vehicle for Hire By-law xxxx/19 Page 19
(4) 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).
(5)
(a) 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, and pay the applicable fee as
set out in Schedule (1).
(b) Persons who fail to comply with clause (a) shall have their names
removed from the plate eligibility list.
(6) 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.
(7)
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.
Registration
80 When a City plate licence is approved, the applicant shall, within 30 days of the
date of notification of such approval, register an accessible taxicab to that taxicab
plate and affix the taxicab plate to that accessible taxicab, failing which, the
applicant shall not be issued the City plate licence, the applicant's name shall be
removed from the plate eligibility list, and the City may proceed to issue the City
plate licence to another eligible applicant.
Death of City Plate Licensee
81 In the event of the death of a City Plate Licensee, the City Plate shall be returned
to the City for distribution to the next person on the Taxicab Plate Eligibility List.
PART VIII — ADDITIONAL ACCESSIBLE TAXICABS
Obtaining a Licence
82 In addition to the requirements of Part III and Part V, applicants for additional
accessible taxicab plate licenses shall meet the requirements of this Part.
83 (a) Notwithstanding sections 59 and 60, Council may issue additional
accessible taxicab plate licenses as may be required to meet accessible
service demands.
(b) All Accessible Taxicab Plates must be operated as accessible taxicabs
and affixed to an accessible taxicab vehicle.
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84 All plates issued to accessible taxicab plate licensees under this by-law shall
remain the property of the City. Accessible taxicab plates issued under By-law
6702/06 shall remain the property of the taxicab plate licensee, provided such
licensee complies with the provisions of this by-law.
85 (a) Accessible taxicab plates are held by accessible taxicab plate licensees at
the pleasure of Council and may be revoked by the City, should the
requirements for accessible taxicab service or vehicle standards not be
complied with. Upon revocation, the accessible taxicab plate shall revert
to the City without compensation to the accessible taxicab plate licensee.
(b) Accessible taxicab plates are held by accessible taxicab plate licensees at
the pleasure of Council and may be revoked by the City, without cause,
following a period of five (5) years from the date of issuance, and upon
revocation, shall revert to the City without compensation to the accessible
taxicab plate licensee.
86 Accessible taxicab plate licenses may only be used by Accessible taxicab plate
licensees and two alternate taxicab drivers whose names have been provided to
the City in advance of any such use.
87 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 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.
88 Every accessible taxicab driver shall submit proof of training satisfactory to the
City, to confirm their ability to 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.
Accessible Taxicab Plate Licensee Duty
89 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.
90 Every accessible taxicab plate licensee shall provide a minimum accessible
taxicab service of forty (40) hours per week, fifty (50) weeks per year.
91 Every accessible taxicab plate licensee shall ensure that the accessible taxicab
driver has submitted proof of training satisfactory to the City, to confirm their
ability to 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.
Vehicle for Hire By-law xxxx/19 Page 21
Accessible Taxicab Restrictions
92 a) No person shall operate, or permit to be operated, 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.
b) Notwithstanding any other provision of this by-law, accessible taxicab plate
licenses shall not be transferred, leased or otherwise disposed of by the
accessible taxicab plate licensee.
Accessible Taxicab Incentive Program
93 a) The City will establish and implement an Accessible Taxicab Incentive
Program funded through the Accessible Service Supplement to ensure that
adequate accessible taxicab services are available.
b) The Accessible Taxicab Incentive Program may include, but is not limited to:
i) requirements for grant or incentive eligibility;
ii) criteria for receiving any incentive or grant;
iii) the amount and frequency of the disbursement of any incentive or
grant, including pro -rated or discretionary amounts;
iv) sanctions, including reductions in the amount of any incentive or grant
for non-compliance with the conditions of the program; and
v) reporting or auditing requirements for brokerages, PTCs, and Taxicab
Plate Licensees
PART IX - BROKERAGE LICENSES
Obtaining a Licence
94 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
95 Every brokerage licence shall be valid up to and including December 31st in the
year for which it was issued.
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Broker Duties
96 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;
(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 one year 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) ensure all taxicabs dispatched by a brokerage bear either a roof light or
decals approved by the City identifying the taxicab's affiliation with the
brokerage;
(f) upon request, inform any person requesting taxicab service of the
anticipated length of time required for a taxicab to arrive at the pickup
location;
(g) 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;
(11) dispatch a taxicab to any person requesting service within the City unless
the person requesting service has not paid for a previous trip;
(i) carry on business only in the name in which the broker is licensed;
(j) provide accessible taxicab services, with a ratio of at least 10% of the
affiliated taxicabs in their fleet, (any fleet of Tess than 10 taxicabs must
provide 1 accessible taxicab) or pay an accessible service supplement;
(k) where the broker provides accessible taxicab service, provide proof of
driver training on proper methods to securely fasten all wheelchairs,
scooters, and any other passenger aids, including batteries, so that they
are prevented from moving while the taxicab is in motion;
(1) where the broker dispatches to accessible taxicabs, provide accessible
taxicab service 24 hours per day;
(m) where the broker dispatches to accessible taxicabs, and service is
requested by a disabled person, provide priority service for such person;
Vehicle for Hire By-law xxxx/19 Page 23
(n) promptly investigate any complaint brought to the broker's attention by an
officer against any taxicab driver or taxicab plate licensee and report the
findings to the officer and any action taken;
at the request of an officer, not dispatch calls to any taxicab until further
notification;
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;
employ or use only the services of a taxicab plate licensee or a taxicab
driver; and
(r) maintain an affiliation with at least two taxicab plate licensees and/or
lessees.
Broker Restrictions
97 No broker shall,
(a) dispatch to an unlicensed taxicab or an unlicensed driver;
(b) dispatch to a vehicle that does not comply with the requirements of Part
XI;
(c) dispatch to a taxicab which is not on the list provided under clause 96(a),
and;
(d) dispatch to a taxicab that has been ordered removed from service, until
authorized by the City.
98 No person shall carry on business as a broker in the City unless he has been
issued a brokerage licence.
Part X - Personal Transportation Companies
Licence Application Requirements
99 In addition to the requirements of Part III, an application for a new PTC Licence
or a renewal of a PTC Licence shall be accompanied by:
(1) if the Applicant is a corporation, proof that it is legally entitled to operate in
Ontario, including but not limited to:
(a) a copy of the incorporating documents;
Vehicle for Hire By-law xxxx/19 Page 24
(b) a copy of the last initial notice/notice of change which has been filed
with the appropriate government department; and
(c) a Certificate of Status issued by the applicable provincial or federal
government authority.
(2) the address and contact information of the PTC's registered business
address in the Province of Ontario, which is not a post office box, to which
the City may send during business hours any notice or documentation or
communication that may be required under this By-law and at which the
Applicant or the Applicant's agent will accept receipt of such notice,
documentation or communication together with the name, telephone, and
email contact information for the person authorized to receive and respond
on behalf of the PTC to any and all communications from the City relating
to the PTC's licence or the PTC's conduct of its business;
(3) a PTC Identifier for approval by the City;
(4) evidence satisfactory to the City that there are data security measures in
place to protect the personal data collected by the PTC relating to
passengers and PTC Drivers;
(5)
documentation demonstrating that the platform used:
(a) provides to the passenger requesting the transportation service, at the
time the transportation service is arranged:
(i) the PTC name and contact information;
(ii) the first name and a photograph of the PTC Driver;
(iii) the make, model and licence plate of the PTC vehicle;
(iv) the surcharge, if any;
(v) the total cost; and
(vi) the current location of the PTC Vehicle;
(b) provides a link to rate or comment on the PTC Driver and PTC
Vehicle.
(c) provides a process allowing the passenger to accept or refuse the
transportation service prior to it commencing and keeps a record of
such acceptance or refusal;
(d) provides a secure payment mechanism;
Vehicle for Hire By-law xxxx/19 Page 25
(e) provides a printed or electronic receipt to the passenger at the end of
the transportation service that includes the following information:
(i) the fee and any surcharges;
(ii) total amount paid;
(iii) date and time of pickup;
(iv) locations of pick up and drop off; and
(v) the first name of the PTC Driver;
(f) incorporates a global positioning system (GPS) in which all
Transportation Services are recorded; and
(g) is accessible for persons with disabilities.
(6) a list of every affiliated PTC Driver and PTC Vehicle that has operated in
the City in the previous 3 months, in a readily accessible format that
includes:
(i) the full name and address of every PTC Driver; and
(ii) the make, model and licence plate of every PTC Vehicle;
(7) proof of the insurance required under this Part to the satisfaction of the
City;
(8) payment of the appropriate Licence Fee as set out in Schedule 1 of the
By -Law;
(9)
an outline of the training program provided to PTC Drivers prior to
accessing the platform, and
(10) any other information required by the City.
100 Every PTC shall make available to the public on its Platform, and by any other
means of its choice, the following information:
(1) the insurance coverage required to be maintained by the PTC and by the
PTC Drivers;
(2) the Transportation Services offered by PTC Drivers;
(3) the applicable screening process for PTC Drivers and PTC Vehicles;
(4) a link to rate or comment on the PTC Driver and PTC Vehicle;
Vehicle for Hire By-law xxxx/19 Page 26
(5)
that PTC Drivers can only provide transportation services that are
prearranged using the platform of the PTC and not accept street hails or
pick up fares at taxi stands; and
(6) that PTC Drivers cannot accept cash payment for transportation services.
Insurance
For purposes of this Part, the following insurance requirements shall apply:
101 (1) Every PTC shall provide proof of commercial general liability insurance
against all claims for personal injury including bodily injury resulting in
death, and property damage with an inclusive limit of not less than five
million ($5,000,000.00) per occurrence insuring him or her against liability
imposed by law for any loss or damage resulting from the carrying on of
the business to which the licence relates.
(2) The commercial general Liability policy in subsection 101(1) shall be in the
name of the PTC and the City of Pickering shall be included as an
additional insured.
(3)
Every PTC shall obtain and maintain on behalf of every PTC Driver, at all
times during the provision of transportation services, Automobile Liability
Insurance for owned, non -owned, or leased PTC Vehicles, with limits of
not less than Two Million Dollars ($2,000,000.00) exclusive of costs and
interest, per occurrence for bodily injury, death, and loss or damage to
property occurring while in the post -acceptance period. The Automobile
Liability Insurance shall include the IPCF 6TN Permission to Carry Paying
Passengers for a Transportation Network endorsement or an equivalent
endorsement acceptable to the City.
(4) The insurance coverage required under subsection 101(1) and (3) shall
include a provision that requires the Insurer to provide the City with no
less than 10 days prior written notice of any cancellation or variation to the
policy.
102 The certificate of insurance issued in respect of the policy in Section 101(1) and
(3) shall be provided to the City prior to the issuance of the licence in the form of
proof acceptable to the City.
103 Every PTC shall keep such records of the PTC Driver's insurance coverage for a
period of 3 years after the PTC Driver ceases to be affiliated with the PTC.
104 Every PTC shall produce proof of any PTC Driver's insurance coverage to the
City upon demand.
Vehicle for Hire By-law xxxx/19 Page 27
105 The City may suspend the PTC licence if the PTC fails to comply with this Part
until such time as the PTC provides proof of insurance coverage to the
satisfaction of the City.
106 The PTC shall provide the City with such information as the City shall require,
from time to time upon demand, to demonstrate that this Part is being complied
with.
PTC Restrictions
In addition to any other provisions of this By -Law, for purposes of this Part:
107 No person shall facilitate transportation services unless authorized to do so by a
licence issued pursuant to this By-law.
108 No person shall permit, accept, or condone street hails for a ride with a PTC
Driver or in a PTC Vehicle, whether on the street or at a taxi stand or in any other
manner at any other location.
109 No person shall solicit or condone the solicitation of a passenger by a PTC Driver
or PTC Vehicle, whether on the street or at a taxi stand or in any other manner at
any other location.
110 No person shall facilitate a transportation service that does not comply with this
by-law.
111 No person shall obstruct the City's use of a platform to ensure compliance with
this By-law, including, but not limited to the creation and use of accounts as
either a passenger or PTC Driver.
112 No person shall permit a PTC Driver or a PTC Vehicle to provide transportation
services if the PTC Driver does not have the insurance required under this by-
law.
113 No person shall permit payment by cash for a transportation service.
114 No person shall smoke or allow or permit the smoking of any equipment or
product including but not limited to cigar, cigarette, pipe, hookah or any other lit
smoking product or vaping product, whether lit by flame or battery powered, in a
PTC Vehicle while it is providing transportation services.
PTC Driver Duties
115 No person shall hold himself or herself out as a PTC Driver unless he or she has
been authorized by a PTC to act as a PTC Driver.
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116 No PTC Driver shall refuse a request for transportation service by an individual
accompanied by a service animal.
117 No PTC Driver or PTC Vehicle shall provide transportation services unless they
hold a valid identification card issued by a PTC as required under section 134 of
this by-law.
118 No PTC Driver shall permit any PTC Vehicle to carry more passengers than
there are seatbelts available for.
119 Every PTC and PTC Driver shall ensure that a valid identification card required
under section 134 of this by-law is:
(1) in the PTC Vehicle at all times when transportation services affiliated with
the PTC are offered or provided; and
(2) is produced immediately upon demand of an Officer.
120 Every PTC Driver shall produce on demand of an Officer, the following
documents:
(1) the PTC Driver's identification card;
(2) proof of valid insurance that meets the requirements of this By-law; and
(3) any other information pertaining to the PTC Driver or the operation of the
PTC Vehicle as requested by the Officer.
121 Upon demand by an officer, every PTC Driver shall submit the PTC Vehicle for
inspection at a time and place as specified by the officer, with no fees or charges
applied to the City.
122 Every PTC Driver shall ensure that a PTC Vehicle meets the following
requirements at all times when providing a transportation service:
(1) the PTC Vehicle has a valid Ontario Ministry of Transportation Motor
Vehicle permit, prior to commencement of use as a PTC Vehicle, and
annually thereafter;
(2) the PTC Vehicle has a valid and current Ontario Ministry of Transportation
Safety Standards Certificate, prior to commencement of use as a PTC
Vehicle, and then annually thereafter; and
(3)
the PTC Vehicle complies with all of the vehicle requirements set out in
Part XI.
Vehicle for Hire By-law xxxx/19 Page 29
PTC Duties
123 Every PTC shall ensure that the City's use of the platform as either a passenger
or PTC Driver will not be obstructed and will not be subject to fees.
124 Every PTC shall keep an up-to-date list of every registered or affiliated PTC
Driver and PTC Vehicle authorized to provide service in the City in a readily
accessible format that includes, but is not limited to:
(1) the full name and address of every PTC Driver; and
(2) the make, model and licence plate of every PTC Vehicle.
125 Every PTC shall ensure that, prior to commencing as a PTC Driver and at all
times when providing transportation services, a registered PTC Driver:
(1) is at least 18 years of age;
(2) has a valid G licence or higher;
(3) has completed the associated PTC driver training program; and
(4) has been advised and consents in writing to their personal information
being provided to the City for the purposes of administering and enforcing
this by-law.
126 (1) Every PTC shall require a CIR and driving record abstract to be submitted
by the PTC Driver prior to providing transportation services and annually
thereafter, for as long as the PTC Driver is registered or affiliated with the
PTC.
(2) Every PTC shall obtain a CIR and a driving record abstract for each PTC
Driver as follows:
(3)
(a) the driving record abstract should be no older than 30 days from
the date the PTC Driver applied for affiliation with the PTC.
(b) the CIR should be no older than 30 days from the date the driver
applied for affiliation with the PTC.
Every PTC shall ensure that no PTC Driver shall be provided access to
the platform if the CIR exceeds the thresholds found in Section 16 —
Disqualifications for a licence under this By-law.
127 For the purposes of complying with sections 125 and 126, a PTC holding a valid
licence may, on behalf of a PTC Driver using its platform, submit and maintain
the required documents.
Vehicle for Hire By-law xxxx/19 Page 30
128 No PTC shall impose any mandatory arbitration clause on PTC Drivers or
Passengers whose transportation services are facilitated by the PTC.
129 Every PTC shall ensure there is a dispute resolution process for dealing with any
complaints regarding fees, customer service, or any other issues arising from the
provision of transportation services.
130 No PTC shall require that the law of any jurisdiction other than Ontario be applied
in relation to the use of the relevant PTC platform in the City by PTC Drivers or
passengers.
131 No PTC shall permit a PTC Driver's access to the platform immediately upon
being notified by the City that a PTC Driver has acted in a manner that is adverse
to the public interest, public safety or upon discovering that a PTC Driver is not
insured under section 101 (3) for so long as required by the City.
132 (1) Every PTC shall provide the City with such information as required to
demonstrate that section 125 and 126 is being complied with.
(2) Every PTC shall ensure that all affiliated PTC Drivers have an ongoing
duty to disclose:
(a) any charges listed in section 16,
(b) any suspension of their Ontario Driver's license,
(c) any change in insurance, and
(d) any accidents while operating as a PTC vehicle.
133 Every PTC shall ensure that a PTC Vehicle meets the following requirements at
all times when providing a transportation service:
(1) the PTC Vehicle has a valid Ontario Ministry of Transportation Motor
Vehicle permit, prior to commencement of use as a PTC Vehicle, and
annually thereafter;
(2) the PTC Vehicle, has a valid and current Ontario Ministry of
Transportation Safety Standards Certificate, prior to commencement of
use as a PTC Vehicle, and then annually thereafter;
(3)
the PTC Vehicle complies with all vehicle requirements set out in Part XI;
134 Every PTC shall issue to every affiliated PTC Driver an identification card in
written or accessible electronic form providing the following information:
(1) the first name and photograph of the PTC Driver;
(2) the make, model and licence plate number of the PTC Vehicle(s) used by
the PTC Driver
Vehicle for Hire By-law xxxx/19 Page 31
(3)
the name and contact information of the PTC; and
(4) the Insurance policy coverage for the PTC Vehicle.
135 Every PTC shall keep copies of the documents and information required under
this Part for 3 years.
136 Every PTC shall make available to the City the records or information required in
this Part within forty-eight (48) hours following a written demand by the City.
137 The City may refuse to grant or renew and may revoke or suspend a PTC
Licence if the PTC fails to comply with any provision of this By -Law.
138 (1) Every PTC shall submit to the City supporting documentation, in a format
acceptable to the City, and applicable fees quarterly in compliance with
the fees listed in Schedulel, in relation to per transportation service and
per driver fees.
(2) Every PTC that does not provide accessible transportation services will
pay an accessible service supplement as outlined in Schedule 1.
139 Every PTC shall, where the transportation service requested requires an
accessible vehicle, and the PTC is not able to provide such transportation
service, direct the person to an accessible taxicab service.
PART XI - VEHICLE REQUIREMENTS
Vehicle Standards
140 Every taxicab and PTC vehicle shall:
(a) be no more than ten (10) years old according to its model year;
(b) meet the standards for the issuance of a Safety Standard Certificate of
mechanical fitness;
(c) be clean, and in good repair as to its interior and exterior, and
(d) have a heater and air conditioning system in proper working condition.
141 In addition to section 140, every taxicab shall be equipped with:
(a) fender numbers, and properly functioning roof light;
(b) a taxicab meter that,
(i) has been calibrated to reflect the current fares;
(ii) is in proper working order; and
Vehicle for Hire By-law xxxx/19 Page 32
(iii) has been tested and approved by an officer and mounted in a
position so that it is clearly visible to passengers in the front and
back seats of the taxicab.
142 In addition to section 140, every PTC vehicle shall have the PTC Identifier
displayed in the location approved by the City.
143 All taxicab equipment shall be of a type approved by the City and shall be
installed in locations approved by an officer.
144 Notwithstanding section 140 (a), a taxicab plate licensee or taxicab plate owner
may apply for an extension of up to 2 years on the vehicle model year for a
taxicab that is currently operating, provided the appropriate fee outlined in
Schedule 1 is paid, the taxicab meets the remaining vehicle standards required in
sections 140, 141, and 143, and the vehicle is inspected and approved by an
officer.
PART XII — INSPECTIONS and ORDERS
Rights of Inspection
145 The City shall inspect all taxicabs annually.
146 An officer may, at any time when a taxicab or PTC Vehicle is not engaged in the
transportation of passengers, enter and inspect the vehicle.
147 Every taxicab plate licensee, lessee or driver or PTC Driver shall submit or cause
his vehicle to be submitted for inspection when required to do so by an officer.
148 An officer may require that a taxicab plate licensee, lessee or driver or PTC
Driver submit his vehicle for inspection at an appointed time and place provided
notice of the required inspection is given.
149 (1) An officer may require from any person the production of any licence,
permit, trip sheet or any other document or electronic record in order to
ensure compliance with this by-law.
(2) An 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.
150 No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection of a vehicle for hire by an officer or the collection of
information by an officer.
151 Any person operating a taxicab or providing transportation services with a PTC
Vehicle shall provide identification in the form of an Ontario Driver's License to an
officer upon request.
Vehicle for Hire By-law xxxx/19 Page 33
Orders
152 Where an officer finds that a taxicab or PTC Vehicle does not comply with any of
the vehicle requirements set out in Part XI, he may order the taxicab plate
licensee, driver and/or lessee of the taxicab, or the PTC Driver to remedy the
non-compliance.
153 All orders shall provide,
(a) the taxicab plate number of the taxicab, or the license plate number of the
PTC vehicle;
(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.
154 All orders shall be served in the manner set out in section 198.
155 (1) If an order is not complied with by the date specified, the taxicab plate
licence in respect of that taxicab shall be suspended and shall only be
reinstated if the City receives satisfactory evidence of compliance.
(2) If an order is not complied with by the date specified, the PTC shall be
directed to prohibit the PTC Driver's access to the platform and shall only
reinstate if the City receives satisfactory evidence of compliance.
156 No person shall fail to comply with an order.
Unsafe Vehicles
157 (1)
Where a taxicab is in a condition that poses a danger to the health or
safety of the public, including but not limited to, body damage with sharp
edges, holes in the floorboards, unserviceable tires, doors not closing
properly, wire protruding from the seat or any other mechanical defect that
would render the motor vehicle unsafe, an officer may take custody of the
taxicab plate affixed to the taxicab and order that the taxicab be
immediately removed from service.
(2) 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, and the taxicab has been inspected by an officer.
158 Where a PTC Vehicle is deemed to be mechanically unsafe, including but not
limited to body damage with sharp edges, holes in the floorboards, unserviceable
tires, doors not closing properly, wire protruding from the seat or any other
mechanical defect that would render the motor vehicle unsafe, the PTC shall be
directed to prohibit the PTC Driver's access to the platform and shall only
Vehicle for Hire By-law xxxx/19 Page 34
reinstate once the danger has been removed and the PTC Vehicle has been
inspected by an officer confirming compliance.
PART XIII — SUSPENSIONS, CANCELLATIONS and REVOCATIONS
Taxicab Driver's Licenses
159 An officer may suspend a taxicab driver's licence if the driver fails to comply with
any provision of this by-law and require the driver to appear before the Vehicle for
Hire Advisory Committee to review re -instatement of the license.
160 (1) When a taxicab driver has had his Ontario Driver's Licence suspended,
cancelled or revoked, the taxicab driver shall immediately report that fact
to the City and the taxicab driver's licence shall be deemed to be
suspended as of the date of such suspension, cancellation or revocation.
(2) A taxicab driver's licence that has been suspended under subsection (1)
shall not be reinstated unless the City receives written confirmation that
the Ontario Driver's Licence has been reinstated.
(3)
If the City does not receive written confirmation that the Ontario Driver's
Licence has been reinstated within sixty (60) days from the date of the
suspension, the taxicab driver's licence shall be revoked.
Taxicab Plate Licenses
161 An officer may suspend or revoke a taxicab plate licence 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.
162 (1) When a taxicab plate licensee ceases to have a current valid Ontario
Standard Automobile Insurance Policy in good standing, his taxicab plate
licence shall be suspended as of the date on which such policy ceased to
be in effect.
(2) A taxicab plate licence that has been suspended under subsection (1)
shall not be reinstated unless the City receives written confirmation that
the insurance required by clause 43(b) is in place.
(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 licence shall be revoked.
163 (1) An 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
Vehicle for Hire By-law xxxx/19 Page 35
date of demand and may suspend a taxicab plate licence until the
certificate has been filed.
(2) Where the officer demands a Safety Standard Certificate pursuant to
subsection (1), the taxicab plate licensee or lessee shall provide it within
(3) three days.
(3) Where a taxicab plate licence 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 licence shall be revoked.
Brokers
164 An officer may suspend or revoke a brokerage licence 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
165 (1) When a taxicab driver's licence, taxicab plate licence or brokerage licence
has been suspended, cancelled or revoked, the holder of the licence shall
return it and, if applicable, the taxicab plate to the City within forty-eight
(48) hours of the suspension, cancellation or revocation.
(2) An officer may enter upon any business premises or into the taxicab of
any licensee whose licence has been suspended, cancelled or revoked for
the purpose of removing the licence and, if applicable, the taxicab plate.
166 No person shall refuse to deliver or in any way obstruct or prevent an officer from
obtaining a licence that has been suspended, cancelled or revoked.
167 No person shall operate a taxicab or permit the operation of a taxicab by a driver
whose taxicab driver's licence has been suspended, cancelled or revoked.
168 No person shall operate a taxicab or permit the operation of a taxicab in respect
of which the taxicab plate licence has been suspended, cancelled or revoked.
169 No person shall operate a brokerage in respect of which the brokerage licence
has been suspended, cancelled or revoked.
170 No person shall provide transportation services where the PTC has been
required under this by-law to remove access to the platform for that PTC Driver.
PART XIV — APPEALS
Appeal Rights
171 Any Applicant may appeal the City's refusal to issue a licence.
Vehicle for Hire By-law xxxx/19 Page 36
172 A person whose name has been removed from the plate eligibility list pursuant to
section 78(5)(b) may appeal that decision.
173 A taxicab driver whose taxicab driver's licence has been suspended or revoked
pursuant to section 159 may appeal that decision.
174 A taxicab plate licensee whose taxicab plate licence has been suspended or
revoked pursuant to section 161 may appeal that decision.
Filing of Appeal
175 All appeals must be submitted to the City within fourteen (14) days of the date of
the decision or order being appealed.
176 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, and email addresses for
each person identified in clauses (b) and (c); and
(e) the appeal fee set out in Schedule 1.
Hearing
177 The Vehicle for Hire Advisory Committee shall hear all appeals under this by-law.
178 Upon receipt of an appeal, the City shall, as soon as is practicable, notify the
appellant and all other parties of the date, time and location of the hearing.
179 All hearings before the Vehicle for Hire Advisory Committee shall be conducted
in accordance with Terms of Reference approved by Council.
180 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.
Vehicle for Hire Advisory Committee Powers
181 On an appeal, the VHAC may make any decision that the officer could have
made and may make its decision subject to such conditions as it considers
advisable.
182 When making its decision on an appeal, the VHAC shall have regard to the
following matters (where applicable):
(a) the purposes of this by-law as set out in Part II;
Vehicle for Hire By-law xxxx/19 Page 37
(b) the matters set out in section 16;
(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 licence;
(d) the results of any testing, training, educational or awareness program
completed or not completed by the appellant; and
(e) any other thing or matter relevant to the appellant's ability to hold a
licence.
183 The decision of the VHAC on an appeal shall be final and binding.
184 Notice of the decision of the VHAC shall be given to the appellant and any other
person present at the hearing.
185 The VHAC's decision shall take effect on the day that it is made.
PART XV - OFFENCES / PENALTIES
186 (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.
(2) Where a corporation is convicted of an offence under subsection (1), the
maximum penalty that may be imposed on the corporation is $100,000.
187 No person shall make a false or intentionally misleading statement of fact,
statutory declaration, application or other document required by this by-law.
188 No person shall prevent, hinder or obstruct or attempt to prevent, hinder or
obstruct an officer in the enforcement of this By-law.
189 Where an officer has reasonable grounds to believe that an offence has been
committed by a person, the officer may require the name, address, and proof of
identity of that person, and no person shall fail to provide the requested
information.
PART XVI - GENERAL
Plate Replacement
190 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.
Vehicle for Hire By-law xxxx/19 Page 38
191 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
192 In addition to every other requirement imposed by this by-law, every licence 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
193 When a licensee changes his name or address or any information relating to his
licence, he shall notify the City within forty-eight (48) hours of the change.
194 Where there is to be a change in the composition of a licensed partnership, the
proposed change must be registered with the City.
195 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.
Fees
196 Persons receiving a service listed in Schedule 1 shall pay the fee set out in
Schedule 1 for that service.
Fare Adjustments
197 The fares set out in Schedule 2 shall be reviewed as needed by the Vehicle for
Hire Advisory Committee to determine whether to recommend a change to
Council.
Notice
198 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.
199 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
200 By-law No. 6702/06 is repealed.
Vehicle for Hire By-law xxxx/19 Page 39
Short Title
201 This by-law may be cited as the Vehicle for Hire Licensing By-law.
Effective Date
202 This by-law shall come into effect on January 1, 2020.
By-law passed this day of December, 2019.
David Ryan, Mayor
Susan Cassel, City Clerk
Vehicle for Hire By-law xxxx/19 Page 40
SCHEDULE 1
FEES
Taxicab Licence Fees
Taxicab Plate owner licence (one year)
Brokerage licence (one year)
Taxicab driver's licence (two years)
Plate owner licence — clean air cab (one year)
City plate licence (one year)
Accessible Taxicab Plate (private)
Accessible Taxicab Plate (one year City owned)
Personal Transportation Company Fees
1 — 25 Drivers (one year)
25-99 Drivers (one year)
Greater than 100 Drivers (one year)
Additional per trip fee (payable quarterly)
$ 250.00
150.00
100.00
125.00
1,000.00
125.00
1,000.00
$3,000.00
$9,500.00
$20,000/year
30 cents per trip
Other Fees
Transfer of taxicab plate ownership
Filing an appeal
Replacement of taxicab driver's licence
Replacement of each tariff card/Passenger Rights and Responsibilities
Change of registered vehicle
Re -inspection without taxicab meter
Re -inspection with taxicab meter
Lease filing
Late Cancellation/No Show for Inspection
Plate eligibility list application (every year)
Extension of Vehicle Model Year
Accessible Service Supplement:
Taxicab Plate Licence (annually)
Brokerage (annually)
PTC (payable quarterly)
$ 500.00
250.00
20.00
10.00
100.00
25.00
50.00
50.00
50.00
75.00
125.00
$75.00
$2,500.00
7 cents per trip
Vehicle for Hire By-law xxxx/19 Page 41
SCHEDULE 2
TARIFFS/FARES
1. For the first one-eighth kilometer or part thereof $3.15 (incl. HST)
2. For each additional one-eighth kilometer or part
thereof $0.25 (incl. HST)
3. For waiting time while under engagement, per minute $0.40 (incl. HST)
Vehicle for Hire By-law xxxx/19 Page 42
SCHEDULE 3
Taxicab Passengers 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
licence 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.
Attachment #2 to Memorandum
From: Morva Rohani <mrohani@uber.com>
Sent: Tuesday, December 10, 2019 6:05 PM
To: Thompson, Kim D. <kthompson@pickering.ca>
Cc: Kim Wright <kim@wrightstrategies.ca>; Joanne Wong <joannewong@uber.com>
Subject: Uber By-law Review Submission
Hi Kim,
Thank you for your time and for consulting with us! Please find attached our comments following our
discussion.
We would also like clarification from you on accessibility. Should Uber choose to operate a WAV service
in Pickering, under this fee structure, would Uber be exempt from the fee?
Let me know if you have any questions.
Best,
Morva Rohani
Public Policy, Canada
mrohani@uber.com
Uber
Uber
December 10, 2019
Kimberly Thompson
Manager, Municipal Law Enforcement Services
City of Pickering
One The Esplanade
Pickering, Ontario
Canada L1V 6K7
RE: Vehicle for Hire Licensing By-law
Dear Ms. Thompson,
Thank you for your time and patience over the past week as we review and respond to the
City's proposed Vehicle for Hire By-law. Per our conversation on December 4, 2019, we are
submitting our response to the proposed By-law that you may wish to consider as part of your
deliberations.
As discussed, we look forward to continuing our solutions focused discussion with you & your
team. These discussions are complex but necessary if municipalities are to encourage first mile
/ last mile solutions that could enhance the likelihood that passengers will use alternatives to
single-family personal vehicles.
Recommendation regarding PTC Fees
Uber supports governments recouping the costs of regulatory compliance. As pointed out on
page 8 of Report BYL 02-19, the current proposed fee structure exceeds that of all comparable
jurisdictions across Ontario. By our projection, the fees remitted under the fee structure as
proposed will also exceed the costs incurred as a result of the new regulatory scheme.
Our proposed fee structure is a $20,000/year PTC licensing fee and a flat Accessibility Service
Supplement of $10,000/year. We also propose a $0.06 per -trip fee, based on the City of
Hamilton by-law. We believe that the City of Hamilton has a more comparable marketplace and
administrative structure than the City of Toronto or the City of Brampton. We are confident that
this fee structure will sufficiently resource the City's efforts to license and enforce the new
by-law. In addition, we will work with the City of Pickering to create an appropriate data sharing
program that meets your needs without creating onerous technology knowledge.
Uber
Regulatory compliance at Uber
We understand that preparing for potential enforcement efforts is of concern to the City of
Pickering. Our proposed fee structure takes into consideration the two main issues that have
been articulated to Uber to date: technical understanding & collaboration within data sharing
and vehicle compliance in high volume areas.
In taking our collaborative approach to municipal enforcement, we will work closely with
Pickering, as we have with other jurisdictions, to assess issues and find solutions that
addresses the underlying issues and are based on actual data and best practices in
comparably -sized jurisdiction.
Once we have a clearer understanding of the actual magnitude of issues we can work with you
on those those solution opportunities. It is important to remember that unlike taxis, Uber rides
are not procured through a hailed engagement method. And further, access to Uber's platform
can be limited or restricted by Uber.
Further, we understand that there is a skepticism that come with new entrant to a marketplace
on what the reality will be for regulatory compliance. It is important to look at the experience of
established Canadian jurisdictions. For example, while the City of Mississauga has dedicated
enforcement efforts since 2017 to monitoring regulatory compliance, a report by their
Commissioner of Transportation and Works to Council earlier this year cited that the by-law
compliance rate for Transportation Network Companies such as Uber was very high.
We are proud to see the 100% compliance rate for "integrity and transparency of decentralized
regulation model", and a 99+% compliance rate for "high risk violations" such as unregistered
vehicles and off -app offers (page 5, City of Mississauga Corporate Report Item, "Transportation
Network Company (TNC) Licensing Pilot Project I nal Report", dated 2019/05/01).
With regards to the City's concerns on the technological capabilities to manage data sharing
with PTCs, in our experience municipalities have found the volume of data shared to be very
manageable. The volume of information sharing and can be changed based on the complexity
of Pickering's ultimate needs and requirements.
We always work collaboratively with our regulators, their enforcement teams, and their IT teams
to provide transparency into our internal compliance processes and ensure that our data sharing
practices get cities what they need without unnecessarily burdening staff.
Recommendations regarding Record Provision Requirements
With regards to Section 136 on the provision of records, we would recommend that the City
align its requirement with the City of Toronto to ensure that we can provide the most accurate
and fulsome data when requested. The recommended amendment is as follows:
Uber
Every PTC shall make available to the City the records or information required in this Part within
30 days of the receipt of the request, unless the Manager, Municipal Law Enforcement Services
requires the records or reports within 48 hours.
We look forward to growing our partnership with the City of Pickering.
Thank you for your attention.