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HomeMy WebLinkAboutBy-law 1064/79THtt', CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1064/79 A by-law of the Corporation of the Town of Pickering for the licensing, regulating and governing of taxicab and limousine drivers, owners and brokers, and for establishing the rates and fares to be charged by the owners or drivers of such vehicles for the convey- ance of goods or passengers, either wholly within the municipality or to any point not more than three miles beyond its limits, and providing for collection of such rates or fares and for revoking any such licences. WHEREAS, pursuant to the provisions of paragraph 1 of Section 377 of The Municipal Act, R.S.O. 1970, c. 284, by-laws may be passed for licensing, regulating and govern- ing taxicab and limousine drivers, owners and brokers, for establishing the rates and fares to be charged by the owners or drivers of such vehicles for the conveyance of goods or passengers either wholly within the municipality or to any point not more than three miles beyond its limits, for providing for the collection of such rates and fares, and for revoking any such licence; NOW THEREFORE the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: PART I DEFINITIONS 1. In this By-law: (a) "Broker" shall mean a person, firm or corporation, who accepts bookings for any taxicab or limousine, but does not include any person accepting fares while actually operating a taxicab or limousine; (b) "Chief of Police" shall mean the Chief of Police of the Durham Regional Police Force; (c) "Council" shall mean the Council of the Corpora- tion of the Town of Pickering; (d) "Driver" shall mean a taxicab or limousine driver, licensed as such or required to be licensed as such under the provisions of this By-law, and includes an owner who drives his own taxicab or limousine; (e) "Licence" shall mean a licence issued by the Town under the provisions of this By-law; (f) "Limousine" shall mean a motor vehicle which does not bear any identification other than its provin- cial motor vehicle permit plates, which does not have a taximeter and which is kept or used for hire for the conveyance of passengers solely on an hourly basis but shall not include a taxicab in respect for which a licence has been issued under the provisions of this By-law to the owner, a bus, an ambulance or a hearse; (g) "Officer" shall mean the Municipal Law Enforcement Officer or By-law Enforcement Officer appointed by the Council of the Town of Pickering; (h) "Open Taxi Stand" shall mean a public place alongside the curb of a street or elsewhere in the Town which has been designated by the Town as reserved exclusively for the use of taxicabs licensed under the provisions of this By-law; (i) "Owner" shall mean the owner of a taxicab or limousine licensed as such or required to be licensed as such under this By-law; (j) "Passenger" shall mean any person in a taxicab or limousine other than the driver; (k) "Person" includes an individual, firm, society, association, partnership and corporation; (1) "Resident" shall mean a person who has been continually during the twelve month period immedi- ately preceding his application for a licence as outlined in section 22 and is at the time of his application, a resident of the Town; (m) "Tariff Card" shall mean a card issued by the Town for display in each taxicab or limousine which contains the rates of fare then in force; (n) "Taxicab" shall mean a motor vehicle kept or used for hire for conveyance of goods and passengers, which vehicle has seating for not more than seven persons, but shall not include a limousine in respect of which a licence has been issued to the owner thereof under the provisions of this By-law, a bus, an ambulance, or a hearse; (o) "Taximeter" shall mean a meter instrument or devise attached to a taxicab which measures mech- anically or electronically the distance driven and the waiting time upon which fare is based, and which computes the amount of the fare chargeable for any trip for which such a fee is chargeable; (p) "Town" shall mean the Town of Pickering; (q) "Trip Record" shall mean a record of the following information: (i) the provincial motor vehicle permit number of the vehicle; (ii) the name, address and identification number of the driver; (iii) the taximeter readings, if the vehicle is a taxicab, at the start and finish of a dri- ver's working period; (iv) the date, time and location of the begin- ning and termination of each trip, includ- ing any stops requested by a passenger en route; and (v) the amount of the fare collected for each trip. PART 11 TAXICAB AND LIMOUSINE DRIVERS 2. No person shall drive a taxicab or limousine in the Town unless that person is licensed to drive a taxicab or limousine by the Town and every applicant for a licence to drive a taxicab or limousine shall: (a) be able to read, write and speak the English lang- uage; (b) have attained the age of eighteen (18) years; (c) complete the necessary application forms; (d) produce a valid driver's licence issued in accord- ance with the provisions of The Highway Traffic Act, R.S.O. 1970, c. 202, authorizing the holder to operate a motor vehicle for hire or reward; (e) submit as part of his application three (3) photo- graphs of himself; (f) submit as part of his application a certificate from a duly qualified medical practitioner stating that the applicant is in the opinion of the practitioner, physically capable of operating a taxicab or limousine; and (g) pay to the Town, in cash, the fee set out in item 1 of Schedule "A" hereto. 3. Upon compliance to sections 2(a) to (g) inclusive, an Officer may issue a temporary licence for a period not to exceed thirty (30) days to permit the driver to operate a taxicab or limousine until his application is approved by the Town. If an application is not approved within that thirty (30) day period, any temporary licence issued pursuant to that application shall be deemed to be revoked at the end of that thirty (30) day period. 4. Every driver licensed under this By-law shall: (a) carry the taxicab's licence, or limousine's li- cence, as the case may be, with him at all times when operating the taxicab or limousine and pro- duce it for inspection when requested to do so by an Officer; (b) at all times when driving a taxicab or limousine have the tariff card and his taxicab or limousine driver's licence affixed to the rear of the front seat or in a position and in such a manner to be plainly visible to and readable by passengers in the back seat; (c) be neatly dressed and clean in personal appear- ance; (d) refrain from smoking while driving any passenger or passengers except when expressly permitted to do so by all passengers; (e) if he wishes to enter an open taxi stand with his taxicab, do so by taking position at the end of any line formed by taxicabs already in the stand; (f) while in any open taxi stand or public place in any way not obstruct the use of the stand or place or make any loud noise or disturbance; (g) while in any open taxi stand or public place, be sufficiently close to his taxicab to have it under constant observation; (h) while in any open taxi stand or public place refrain from washing or making repairs to his taxicab or limousine, unless such repairs are immediately necessary; (i) have and maintain in good standing at all times a licence issued by the Province of Ontario permit- ting him to drive a vehicle for hire or reward. 5. When a driver licensed under this By-law: (a) changes his address, he shall within three busi- ness days after such change, attend at the Town offices and notify the Town of such change of address and produce his taxicab or limousine driver's licence for the change to be entered thereon; (b) changes his employment from one taxicab or limou- sine company or owner to another he shall within three business days after such change, attend the Town offices and notify the Town of such change of employment and produce his taxicab or limousine driver's licence for the change to be entered theron. 6. No driver licensed under this By-law shall: (a) carry in any taxicab or limousine, a greater number of occupants or persons than the manufac- turer's rating of seating capacity of such taxicab or limousine inclusive of driver; (b) drive a taxicab or limousine with luggage or other material piled or placed in the front seat, back seat or trunk of the taxicab or limousine, in a manner that obstructs his view; (c) place or allow to be placed any clothing, cartons or any other material near either the front or rear window in such a way as to obstruct the view of the taximeter flag from the outside of the taxicab; (d) drive or act as a driver of any taxicab or limousine within the Town unless the owner of that taxicab or limousine is licensed under this By-law as owner of that taxicab or limousine; (e) overcrowd an open taxi stand; (f) pick up any passenger within 100 feet of an open taxi stand when there are one or more taxicabs in the stand, except where an arrangement has been previously made with the passenger to pick him up at that location. 7. Every driver shall keep a daily trip record of all trips made by the taxicab or limousine. 8. Each trip shall be completely recorded on the trip record prior to the commencement of the next following trip, but no driver shall obstruct traffic while preparing his trip record. 9. When a driver uses a taxicab for transportation of passengers for no gain or reward, he must either; (a) remove the roof light from the taxicab; or (b) place the flag of the taximeter in a recording position. 10. No driver licensed under this By-law shall take on any additional passengers after the taxicab has departed with one or more passengers from any one starting point except: (a) at the specific request of the passenger or passengers already in the taxicab; or (b) when operating a taxicab which is being used for the transportation of children to or from school. 11. (a) Every driver licensed under this By-law shall, before commencing to operate the taxicab or limou- sine on any day, examine for mechanical defects or any interior or exterior damage the vehicle he is to drive during the day and report forthwith any defects or damage found in the vehicle to the owner of the taxicab or limousine. (b) Every driver upon completion of discharging his last passenger shall: (i) return the taxicab or limousine to his em- ployer and report all accidents and any apparent mechanical defects or damage to such employer; and (ii) deliver to his employer the trip record pertaining to his work shift and all fares collected less the amount of commission as previously agreed upon between the driver and the owner. 12. When a passenger first enters a taxicab, the flag of the meter shall immediately be placed down in a recording position and shall remain in such position through the trip. 13. (a) Every driver shall take the shortest possible route to the destination desired by the passenger unless the passenger designates another route. (b) In the event that a passenger designates a route other than the shortest possible route, the driver shall, prior to moving the taxicab or limousine, advise the passenger of the shortest route and obtain the passenger's approval before taking any route other than the shortest route. 14. If the destination of a trip extends beyond the municipal boundaries of the Town, the driver and the passenger may agree before the start of the trip to a flat rate, but the meter flag must be in a recording position at all times within the municipal boundaries of the Town. 15. At the conclusion of a trip, the driver shall call the passenger's attention to the amount of the fare regis- tered on the taximeter and then place the flag of the taximeter in a non-recording position. 16. If a dispute arises with a passenger about the amount of a fare, the driver of the taxicab may refer the dispute to the officer-in-charge of the nearest Police Station, and if the driver was correct in his demand for this fare, he may add thereto an amount equal to the proper charge under Schedule "B" for the distance travelled from the place where the dispute arose to the Police Station, and any reasonable waiting time while the dispute was being investigated. 17. Every driver shall give a passenger a receipt on an authorized form showing the driver's and owner's name and identification number, when requested or whenever there is a dispute over the fare. 18. Notwithstanding the provisions of subsection (a) of section 6 hereof, while a taxicab or limousine is being used for the transportation of children to or from school, the driver of the taxicab or limousine shall observe and comply with the following: (a) Not more than six (6) children shall be at any one time carried in a standard five-passenger vehicle and not more than seven (7) children shall be carried at any one time in a standard six-passen- ger vehicle. (b) No child shall be permitted to stand while the vehicle is in motion. 19. Every driver shall take due care of all property delivered or entrusted to him for conveyance or safe- keeping, and immediately upon his termination of any hiring engagement, shall carefully search the taxicab or limousine for any property lost or left therein, and all property or money left in the taxicab or limousine shall be forthwith delivered over to the person owning the property or money. If the owner of the property or money cannot at once be found, then the driver shall deliver the property or money to the nearest Police Station with all information in his possession regard- ing the property or money. 20. Except as otherwise provided in section 14 hereof, every driver when operating on a meter basis, shall charge no more than the fare shown on the taximeter, together with any applicable additional charges author- ized by Schedule "B" hereof. 21. A taxicab or limousine driver's licence shall not be transferable. PART III TAXICAB AND LIMOUSINE OWNERS 22. (a) No person, being the owner of a motor vehicle, shall keep or use for hire, or permit to be kept or used for hire, the motor vehicle of which he is the owner of a taxicab or limousine, in the Town of Pickering, unless that person is licensed to own a taxicab or limousine, as the case may be, by the Town. (b) Every taxicab or limousine owner or applicant for a taxicab or limousine owner's licence shall: (i) be a licensed taxicab or limousine driver, as the case may be, in the Town, or be a corporation having its head office in the Town of Pickering; (ii) be a resident of the Town; (iii) for every application for a taxicab or limousine owner's licence or for a renewal thereof, complete the prescribed forms and such Declarations and Affidavits as may be required and shall furnish the Town such information as the Town may request; (iv) submit his taxicab or limousine for inspec- tion before a taxicab or limousine owner's licence shall be issued to him for that taxicab or limousine. 23. Every owner shall obtain and maintain an Ontario standard Automobile Insurance Policy insuring the taxi- cab or limousine owned by him and covering legal liability for bodily injury to, or death of, any person, or damage to property of others, to a minimum limit of $300,000.00, inclusive, and shall produce annually to the Town a Certificate of Insurance issued by the insurer, or its agent, certifying that an insurance policy providing coverage in accordance here- with is in effect. 24. Where any owner disposes of his taxicab or limousine and acquires another taxicab or limousine, he shall: (a) immediately submit the latter taxicab or limousine for inspection; (b) produce an approved motor vehicle inspection re- port issued by The Ontario Ministry of Transport and Communications, Vehicle Inspection Branch dealing with the road worthiness and safety of the vehicle to be used as a taxicab or limousine; (c) before using the taxicab or limousine, and immedi- ately after obtaining the Officer's approval, attend at the Town to record such change. 25. Every taxicab or limousine owner licensed under this By-law shall: (a) submit his taxicab or limousine for inspection at any time required by the Town; (b) ensure that the original or a photostat copy of the original, of the following documents be kept at all times in his taxicab or limousine: (i) current Ontario Ministry of Transport and Communications Passenger Motor Vehicle per- mit for the vehicle; (ii) current Town taxicab or limousine owner's licence for the vehicle; and (iii) current Certificate of Liability Insurance for the vehicle; (c) when he employs a driver, notify the Town that he has employed the driver within three (3) business days; (d) on each work day, before he assigns his taxicab or limousine to drivers, examine the taxicab or limousine for mechanical defects and similarly examine it at the end of each day; (e) when he authorizes a driver to drive his vehicle at the start of each shift, keep a record setting out the following information: (i) the taxicab or limousine owner's plate number; (ii) the provincial plate number of the vehicle; (iii) the taxicab or limousine driver's name and licence number; (iv) the date and the time of the authorization; and (v) the taximeter readings, where the vehicle is a taxicab, and the odometer readings of the vehicle being operated; (f) record the taximeter readings, where the vehicle is a taxicab, odometer readings and the date and time the taxicab or limousine was returned by any driver; (g) where the vehicle is a taxicab, requires an entry on the trip record for each trip recorded on the taximeter at the time when any driver turns in his daily trip record; (h) give to each of his drivers at the expiry of the driver's work shift, a receipt showing the amount turned over to him by the driver; (f) keep for a period of at least six (6) months, all trip records of the taxicab or limousine owned by him and shall make these records available for inspection by any person authorized by the Town and such person shall be permitted to remove these records and retain them for a reasonable time; and (j) check immediately any mechanical defect in his taxicab or limousine reported to him by a driver under subsection (a) of section 11. 26. Every owner shall have affixed to his taxicab, a taximeter which shall register distances travelled, record trips and units, and compute fares to be paid, and for all taxicabs so equipped, the following provi- sions shall apply: Each taximeter shall be: (a) submitted for testing, inspection and sealing, to an Officer in the period between April 15th and May 31st (both inclusive) in each year, and at such other times as required by an Officer; (b) illuminated between dusk and dawn; (c) supported in a raised position clear of the dash- board in plain view of the passengers and approved by an Officer; (d) adjusted in accordance with the rates prescribed by Schedule "B"; (e) tested by running the taxicab to which it is attached over a measured distance and tested for time before being sealed; (f) used only when the seals thereon are intact; (g) used for not longer than six (6) months without retesting and resealing; (h) kept in good working condition at all times and not used when defective in any way; (i) numbered and not used until approved by an Offi- cer; and (j) equipped with a metal plate, flag or a light when an electronic meter is used, attached to the top thereof and approved by an Officer. Such plate or flag shall be in a lowered position or light extinguished when the taximeter is in operation, and in a raised or lighted position when such meter is not in operation. 27. Every taxicab or limousine owner shall provide and maintain in or on his vehicle, as the case may be, while such vehicle is operated as a taxicab or limou- sine the following equipment and markings: (a) a plate issued by the Town and bearing an identi- fying number, securely affixed to the rear of the vehicle; (b) a tariff card supplied by the Town and bearing the name of the owner of the vehicle and the identify- ing number referred to in clause (a), above, affixed to the rear of the driver's seat in such a manner that the card is plainly visible to passen- gers in the back seat; (c) a holder for the photograph and name of the driver or owner affixed in a position to be plainly visible to and readable by passengers in the rear seat of the vehicle; (d) where the vehicle is a taxicab, on the top of the taxicab an electric sign, securely attached in a manner approved by an Officer, indicating that the vehicle is a taxicab. The electric sign shall not show a name or telephone number of any person, firm or corporation, other than the name and telephone number of the person, firm or corpora- tion holding the licence as owner of the taxicab or of a taxicab broker with whom the taxicab is associated; (e) where the vehicle is a taxicab, the number on the plate issued by the Town for the taxicab, prefixed by the letter "P", displayed on the front fenders of the taxicab, in a manner approved by an Officer, in figures of a colour contrasting that of the taxicab, and of a height of at least six inches (6"). 28. No taxicab or limousine owner licensed under this By-law shall: (a) by any arrangements or agreements, permit any taxicab or limousine not owned by him to be driven under the authority of a taxicab or limousine owner's licence issued to him; (b) employ or allow any person other than a driver li- censed under this By-law, or a person in the process of inspecting or testing the vehicle, to drive his taxicab or limousine; (c) operate or permit to be operated as a taxicab or limousine any vehicle that is not in good mechani- cal condition; (d) display or permit the display of any adertisement on or in his vehicle, except where the vehicle is a taxicab, one exterior poster only, not exceeding forty (40) centimetres by one hundred and twenty (120) centimetres in size, placed at the rear of the taxicab in such a way as not to obscure the taxicab licence plate, the provincial licence plate, the vehicle's back-up, signal and tail lights, or the vision of the taxicab driver. Any such poster shall be constructed of and carried in a rust resistant frame; (e) display an advertisement under the provisions of this By-law unless plans therefor have first been filed with and approved by the Town; nor (f) use or permit to be used on any taxicab or limousine owned by him any emblem, decal or roof sign which simulates any colour or design of that of any other taxicab or limousine, taxicab or limousine owner, taxicab or limousine company or taxicab or limousine broker unless the approval of the Town has first been obtained. 29. No owner shall operate or permit any taxicab or limousine owned by him and licensed under this By-law to be operated through a taxicab or limousine broker not licensed under this By-law. 30. A taxicab or limousine owner's licence shall not be transferable. 31. Any approved applicant for a taxicab or limousine owner's licence shall obtain such licence within a period of three (3) months from the date of approval. Failure to do so shall result in such approval being rescinded. 32. (a) an applicant for a taxicab or limousine owner's licence shall be and must remain licensed as a taxicab or limousine driver as the case may be by the Town; (b) this section does not apply to corporate appli- cants; (c) a person possessing a taxicab or limousine owner's licence shall be eligible to be granted a second taxicab or limousine owner's licence upon comple- tion of two full years of possessing a taxicab or limousine owner's licence. PART IV TAXICAB AND LIMOUSINE BROKERS 33. No person shall operate as a taxicab or limousine broker in the Town unless he has first obtained a Taxicab or Limousine Broker's Licence, as the case may be, from the Town. 34. Every applicant for a Taxicab or Limousine Broker's Li- cence shall: (a) be a taxicab or limousine driver licensed under this By-law or be a corporation having its head office in the Town of Pickering; (b) where the applicant is a corporation, file with the application: (i) the names and addresses of the officers and directors of the corporation and their positions; and (ii) the names and addresses of the shareholders of the corporation; (c) designate the location of the office within the Town that is intended for use as the brokerage office; (d) for every application for a taxicab or limousine broker's licence or for a renewal thereof, com- plete the prescribed forms and such Declarations and Affidavits as may be required and shall furnish the Town such information as the Town may request. 35. Every taxicab or limousine broker shall: (a) have and maintain an office within the Town, from which it shall dispatch taxicabs or limousines, as the case may be, regularly; (b) not accept calls for, or in any way dispatch or direct calls for service to any vehicles, other than taxicabs or limousines licensed by the Town; (c) keep records of every vehicle dispatched, the time of the dispatch and the place of the pick-up and shall retain these records for a period of at least six months. The records shall be open to inspection by an Officer or any other person authorized by Council and this person shall be permitted to remove the records and retain them for a reasonable time; (d) provide an Officer a list of all taxicab or limou- sine owners with which he has any arrangement or agreement for accepting calls for service and shall identify each taxicab or limousine by the name of the owner and the number of the plate issued by the Town and shall within three (3) days of any addition or deletion from this list, advise the Town in writing thereof; (e) where a corporation is the holder of a taxicab or limousine broker's licence, the corporation shall advise the Town within three (3) days of all transfers of shares of the capital stock thereof. 36. (a) Every taxicab or limousine broker licensed under this By-law shall serve the first person requiring the service of a taxicab or limousine at any place within the boundaries of the Town at any specified time by day or night provided that that person is not intoxicated or disorderly and does not refuse to give his destination to the driver and, if the broker pleads some previous engagement, he shall upon demand give the name and address of the person to whom he is so engaged together with the time and place of the engagement. He shall punctu- ally keep all his engagements, and shall not accept any engagement that a previous engagement would prevent him from fulfilling; (b) No taxicab or limousine broker shall be compelled to accept any order from a person who is indebted to him for the cost of a previous trip. 37. (a) Every taxicab or limousine broker shall: (i) maintain an office in the Town and shall only accept calls for, direct calls to or dispatch taxicabs or limousines, as the case may be, from within the boundaries of the Town or trips that terminate within the boundaries of the Town; and (ii) carry on the business of accepting calls for, directing calls to or dispatching taxicabs or limousines, as the case may be, at all times that the licence is current, and not under suspension. (b) No taxicab or limousine broker shall charge any fee to or demand any funds from any taxicab or limousine owner or driver in consideration for the provision of broker's services, or for any other reason associated with the operation of the taxi- cab or limousine except as provided in subsection (c) hereof. (c) A taxicab or limousine broker may charge a fee to and demand funds accordingly from any taxicab or limousine owner whose taxicab or limousine is dis- patched by that broker but such fee shall be limited to consideration for the provision of the broker's services, as a taxicab or limousine broker. (d) No fees shall be charged or funds demanded pursu- ant to the provisions of subsection (c) hereof unless the fees or funds are payable by the owner to the broker pursuant to a written agreement, a copy of which is filed with the Town. 38. A taxicab or limousine broker's licence shall not be transferable without the specific authority of Council. PART V GENERAL 39. Every taxicab or limousine to be licensed under this By-law must be at least: (a) a five (S) passenger (including driver) motor vehicle; and (b) a four (4) door motor vehicle. 40. No motor vehicle shall be used as a taxicab or limousine: (a) by an owner who is the sole driver of the vehicle unless the model year of the vehicle is fewer than five years prior to the year in which the taxicab or limousine owner's licence is issued or renewed for the vehicle; and (b) by any other taxicab or limousine owner unless the model year of the vehicle is fewer than four years prior to the year in which the taxicab or limou- sine owner's licence is issued or renewed for the vehicle. 41. No owner or driver of a taxicab equipped with a taximeter shall operate or permit to be operated any taxicab until: (a) he has submitted the motor vehicle to an Officer for approval; (b) he has attended the Town offices and produced a Provincial Motor Vehicle permit issued for the motor vehicle; (c) the taximeter has been tested and sealed by an Officer. 42. If a taximeter is repaired or altered when an Officer is not available, the taxicab to which the taximeter is affixed may be operated without the taximeter having been tested or sealed, for a period of seventy-two (72) hours on weekends or forty-eight (48) hours during the week but only if the owner or driver of the taxicab has in his possession a certificate from the person who makes the repairs or alterations, stating the time, date and nature thereof and the place where the work was done. 43. No driver or owner licensed hereunder shall operate or allow to be operated any taxicab or limousine: (a) not equipped with an extra tire and wheel ready for use, or (b) not clean, dry and in good repair. 44. No owner or driver licensed hereunder shall: (a) induce any person to engage his taxicab or limou- sine by misleading or deceiving that person about the location or distance from any part of the Town to any other place, nor shall he induce any person to engage his taxicab by false representation; (b) publish or use a tariff, or demand or receive rates and charges other than those authorized by this By-law whether these rates and charges are determined by distance or by time; nor (c) be entitled to recover or receive any fare or charge from any person or persons from whom he shall have demanded any fare or charge greater or lesser than those authorized by this By-law or to whom he has refused to show his card or tariff as provided in this By-law. 45. No owner or driver licensed hereunder shall make any charge under this By-law for time lost through defects or inefficiency of the taxicab or limousine or the incompetence of the driver thereof. 46. No owner or driver licensed hereunder shall make any charge for the time elapsed due to early arrival of the taxicab or limousine in response to a call for a taxicab or limousine to arrive at a fixed time. 47. Every owner or driver licensed hereunder shall: (a) serve the first person requiring the service of his taxicab or limousine at any place within the Town at any specified time by day or night, provided that the person is not intoxicated or disorderly or does not refuse to give his destina- tion, and, if he pleads some previous engagement, he shall upon demand give the name and address of the person to whom he is so engaged together with the time and place of such engagement; (b) punctually keep all his engagements, and shall not accept any engagement that a previous engagement would prevent him from fulfilling; provided how- ever, that he shall not be compelled to accept any order from a person who owes him for a previous fare or service. 48. The Town shall furnish every taxicab or limousine owner or driver with a tariff card and a copy of this By-law. The tariff card shall be placed and kept by the person licensed, in or upon his vehicle, at such place as may be approved by an Officer. 49. No owner or driver licensed hereunder shall use any tariff card, other than that obtained from the Town or remove, exchange, lend or otherwise dispose of the tariff card. 50. Taxicab or limousine plates or tariff cards defaced, lost or destroyed may be replaced by the Town upon the original card or plate being satisfactorily accounted for and, upon the payment of a replacement fee fixed by the By-law. 51. The tariff or rates herein authorized shall be computed from the time and place when and where the passenger first enters the taxicab or limousine to the time and place when and where the passenger finally discharges the taxicab or limousine. 52. The rates or fares to be charged by the owners or drivers of taxicabs within the Town, shall be as shown in Schedule "B" attached to and forming part of this By-law. No higher or lower amount shall be charged or received in payment. 53. Every taxicab or limousine owner licensed under this By-law shall retain all trip records for a period of six (6) months and shall make these records available upon request to an Officer and shall, if requested, permit the removal of these records from the premises where these records are usually kept or stored, and shall permit an Officer to retain these records for a reasonable period of time. 54. All open taxicab stands in the Town are to be open to any taxicab licensed under this By-law. PART VI ADMINISTRATION 55. Upon receipt of an application for a licence under this By-law, an Officer shall obtain a report concerning the applicant from the Durham Regional Police Force and the Ministry of Transportation and Communications. 56. When an Officer is satisfied that the issuance of a li- cence is in accordance with this By-law and all other applicable legislation and is not adverse to the public interest, he may issue the licence or the renewal of the licence on behalf of the Council. 57. An Officer may refer any application to Council for its consideration where, in his opinion, the application does not comply with this By-law. 58. If Council is satisfied that an applicant or a licensee is not properly qualified to obtain or hold a licence, it may direct the Officer to withhold the issuance of a licence or direct that a licence be revoked. 59. Notwithstanding anything else contained in this By-law, the Town shall suspend a taxicab or limousine owner's licence for any taxicab or limousine where there has been a failure to comply with section 23 and the suspension shall continue until there has been compli- ance with section 23. 60. Failure to comply with any of the sections of this By-law, shall in the discretion of an Officer, be sufficient cause for the suspension or revocation of a licence issued under this By-law; but before revoking any licence, the holder thereof shall be given at least seven (7) days notice by registered mail or personal service to his address last known to the Town, and the licence holder shall be permitted either by himself or by his representative to appear before Council to show cause why he believes such licence should not be revoked. 61. Upon suspension or revocation of a licence issued under this By-law, the licensee shall return to the Town the licence and any plate issued by the Town in connection with the licence. No person shall refuse to deliver such licence or plate to an Officer. An Officer may, if necessary, remove any plate or licence issued by the Town. 62. Any person convicted of breach of this By-law is liable to: (a) a fine of not more than $1,000.00, recoverable under The Summary Convictions Act; (b) suspension or revocation of his licence; or (c) both (a) and (b). 63. No person employing any taxicab demand, to pay the fare or charge By-law. 64. The licence and transfer of licence cab or limousine driver, taxicab or taxicab or limousine broker shall Schedule "A" attached to and fo By-law. shall refuse, upon authorized by this fee for every taxi- limousine owner and be as indicated on rming part of this 65. By-laws 733/77 and 806/78 are hereby repealed. 66. This By-law shall come into force and take effect on the 1st day of December, 1979. BY-LAW READ a first, second and third time and finally passed this 19th day of November 1979. i ayor (Act'ng) er BY-LAW 1064/79 SCHEDULE "A" ORIGINAL, LICENCE FEES Licence Type 1. Taxicab or Limousine Driver's Licence 2. Taxicab or Limousine Owner's Licence 3. Taxicab or Limousine Broker's Licence Fee Per Calendar Year or Part Thereof $ 10.00 750.00 750.00 LICENCE RENEWAL FEES Licence Type 4. Taxicab or Limousine Driver's Licence 5. Taxicab or Limousine Owner's Licence 6. Taxicab or Limousine Broker's Licence Fee Per Calendar Year or Part Thereof $ 10.00 100.00 100.00 LICENCE REPLACEMENT FEES Licence Type 7. Taxicab or Limousine Driver's Licence 8. Taxicab or Limousine Owner's Licence 9. Taxicab or Limousine Broker's Licence OTHER FEES Fee $ 5.00 10.00 50.00 10. Replacement Tariff Card $ 2.00 BY-LAW 1064/79 SCHEDULE "B" TARIFF OF RATES AND FARES A 1 2 3 DISTANCE CHARGES For the first 201 meters (1/8 mile), or part thereof $ .80 For each additional 201 meters (1/8 mile), or part thereof .10 For waiting time while under engage- ment, for each 50 seconds .10 B. OTHER CHARGES 1. Passengers - for each passenger in excess of four (4) $ .25 2. Trunks - for each trunk exceeding 0.1 cubic meters (3 cubic feet) volume .60 3. Luggage - for each piece not carried by passenger inside vehicle .15 4. Groceries - for each bag or carton loaded and/or unloaded by driver .15 C. NOTES 1. Maximum total charge under B.1, 2 and 3 shall not exceed $0.60 for any trip. 2. No charge is claimable or payable for the carriage of a wheel chair accomp- anying a handicapped person. D. LIMOUSINE CHARGES For local service, the rates shall be $20.00 per hour.