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.