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HomeMy WebLinkAboutBy-law 142/74P? t BY-LAW NUMBER 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, motor and other vehicles used for hire, and 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, and providing for collection of such rates or fares and for revoking any such licenses. WHEREAS it is considered desirable to regulate taxicab and limousine owners and drivers and taxicab brokers and-to limit the number of taxicab owners' licenses to be issued and to revoke any such license within the Town of Pickering; AND WHEREAS under the provisions of The Municipal Act, R.S.O. 1970, c.284, x.377, as amended, the Council of the Corporation of the Town of Pickering has the authority to exercise such powers; NOW THEREFORE the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law: I (a) "Broker" shall mean a person including the owner of a vehicle who accepts bookings for any taxicab or limousine; but this definition shall not be construed to constitute any person a broker requiring a license for accepting fares while operating a vehicle; (b) "By-Law Enforcement Officer" shall mean the By-Law Enforcement Officer or Assistant By-Law Enforcement Officer appointed by the Council of the Town of Pickering. (c) "Chief of Police" shall mean the Chief of Police of the Regional Munt$ ipality of Durham; (d) "Council" shall mean the Council of the Corporation of the Town of Pickering; (e) "Driver" shall mean a taxicab driver, and/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; (f) "License" shall mean a license issued by the By-Law Enforcement Officer under the provisions of this By-law with the approval of the Council of the Town of Pickering. - z - (g) "Limousine" shall mean a motor vehicle which does not bear any identification other than the Provincial motor vehicle license, 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 license has been issued under the provisions of this By-law to the owner, a bus, an ambulance or a hearse; (h) "Manifest" shall mean a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of the fare for each trip; (i) "Open Stand" shall mean a public place alongside the curb of a street or elsewhere in the Town of Pickering which has been designated by the Council as reserved exclusively for the use of taxicabs licensed under the provisions of this By-law; (j) "Owner" shall mean the owner of a taxicab licensed as such or required to be licensed as such under this By-law; (k) "Passenger" shall mean any person in a taxicab or limousine other than the driver; (1) "Person" as used in this By-law shall be construed where the context requites to mean and include individual, firm, society, association, partner- ship and corporation; singular shall include plural, masculine and feminine; (m) "Resident" shall mean a person who has been con- tinually during the twelve month period immediately preceeding his application for a licence as outliukd in Section 11 of this By-law and is at the time of his application, a resident of the Town of Pickering; (n) "Tariff Card" shall mean a card issued by the By-Law Enforcement Officer for display in each taxicab which contains the pates of fare then in force; (o) "Taxi Stand" shall mean either a building or part of a building, such as an office, agency or other commercial establishment, situated within the limits of the Town, but excludes a residential dwelling unit; (p) "Taxicab" shall mean a motor vehicle kept or used for hire for conveyance of passengers, which vehicle has seating for not more than seven persons, but shall not include a limousine in respect of which a license has been issued to the owner thereof under the provisions of this By-law, a bus, an ambulance, or a hearse; (q) "Taximeter" shall mean a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which fare is based; (r) "Town" shall mean the Town of Pickering. - 3 - DUTIES. OF BY-LAW ENFORCEMENT OFFICER 2. (a) All licenses required by this By-law shall be issued by the By-Law Enforcement Officer upon the direction of Council. (b) The By-Law Enforcement Officer shall have super- vision over all persons licensed under the pro- visions of this By-law and all vehicles, together with the equipment used by them, and together with the Chief of Police shall be charged with the enforcement of this By-law, and the following shall be the duties and powers of the By-Law Enforcement Officer in connection with the provisions of this By-law: (1) To report to the Council on the performance of his dutues under this By-law whenever he shall be required by Council to do so. (2) To make all necessary inquiries concerning applications for licenses as may be requisite to secure a due observance of the law and of this by-law. (3) Notwithstanding any other section of this By-law, Council on the recommendation of the By-Law Enforcement Officer may suspend pending further investigation the license held by anyone under this By-law who has been convicted of an offence under the Criminal Code of Canada or the Liquor Control Act of Ontario, or has failed to comply with the regulations under this By-law. (4) To submit for Council approval, applications for licenses, or recommendation for revoking, cancellation of any license or the suspension of any license by him, together with his report thereon. (5) Examine every vehicle and the necessary equipment thereof for which a taxicab owner's license or a limousine owner's license is applied for, and re-examine every vehicle from time to time while license is in effect, and report same to Council. (6) To keep a register of all licenses granted by Council under this By-law, which shall contain name or names of applicants, date of issue and other such pertinent information and such other books as Council may order. (7) To furnish each person taking out a license, one copy of this by-law and to each owner a tariff card, setting forth the rates and fares specified in Schedule One (1) hereto, and to each driver and the owner if he drives his own car, a badge, both said badge and card to have the number of the license shown thereon and the receipt of the By-law and tariff card is to be acknowledged in writing on a form provided by the By-Law Department. (8) To ascertain by inspection and enquiry, from time to time, and as often as may be required by the said Council, whether the persons receiving the licenses continue to comply with the provisions of the law and of this By-law. - 4 - (9) Prosecute all persons who shall offend against any of the provisions of this By-law. DUTIES OF CHIEF OF POLICE 3. The Chief of Police shall together with the By-Law Enforcement Officer be charged with the enforcement of this By-law, and in connection therewith shall do or cause to be done the following: (a) Prosecute all persons who shall offend against any of the provisions of this By-law; (b) Make all necessary inquiries and examine all applicants for licenses as to their eligibility, physical condition, education, employment record, personal history, ability to operate a taxicab or limousine to be used for hire, their knowledge of the provisions of this By-law, the geography of the Town and Provincial and Municipal traffic regulations, and report the same to Council. Any of the duties of the Chief of Police may be performed by members of his staff, or persons under his command and supervision as he may require from time to time. LICENSES 4. (i) Within the Town of Pickering no person shall: (a) Drive a taxicab or limousine licensed under this By-law without having a current valid license so to do, issued under the provisions of this By-law and herein referred to as a driver's license; (b) Keep a taxicab for hire without having a current valid license so to do for each vehicle kept, issued under the provisions of this By-law and referred to herein as a taxicab owner's license; (c) Keep a limousine for hire without having a current valid license so to do, issued under the pro- visions of this By-law, and referred to herein as a limousine owner's license; (d) Act as a broker for any taxicab or limousine whether owned by himself or not, without having a current license so to do issued under the provisions of this By-law, and herein referred to as a broker's license; (ii) The term of, and the fee for a license under the provisions of this By-law shall be as set out in Schedule TWO (2) attached to and forming part of this By-law. APPLICATIONS FOR LICENSES 5. Applications for licenses under this By-law shall be submitted to the By-Law Enforcement Officer who in turn shall cause them to be delivered to the Chief of Police for approval pursuant to the provisions of this By-law. Said applications shall be upon such form or forms as may be prescribed by the Town, together with such other evidence or material as required by this By-law. Applications for a taxicab owner's license, a limousine owner's license and a broker's license shall - 5 - be forwarded to Council by the By-Law Enforcement Officer together with his recommendations. Applications for a driver's license may be forwarded to Council by the By-Law Enforcement Officer together with any of his recommendations. 6. Every applicant for a license under this By-law shall submit along with his completed application, three recent passport-type photographs and two character references, which shall become the property of the Town. 7. Applications shall be made for renewals for any licenses issued under the provisions of this By-law on the same basis as the application made in the first instance provided however that the By-Law Enforcement Officer may issue such renewals without referring the application to Council. PROOF OF FINANCIAL RESPONSIBILITY 8. No person shall be granted or hold a taxicab owner's license or a limousine owner's license unless the applicant establishes and maintains in effect proof of financial responsibility covering the vehicle in respect of which a license is applied for, or held by such applicant. Proof of financial responsibility shall be made by depositing with the By-Law Enforcement Officer a certified copy of a current valid policy of insurance, issued by a company authorized to do business in Ontario, or by depositing with the By-Law Enforcement Officer a certificate issued by such company. The certificate shall set forth in detail the coverage effected by a current valid policy of insurance, the name and address of the person insured, the policy number, the effective date, the expiry date, the limits of liability and the details of the motor vehicle covered. The policy of insurance shall carry an endorsement, particulars of which shall be set forth in the certificate if a certificate is filed in lieu of a certified copy of the policy, to the effect that the insured has filed with the company an irrevocable waiver of the right to cancel the policy of insurance without fifteen days' prior notice in writing delivered to the company and that the company undertakes before cancellation of the policy of insurance, either by the company or the insured, to deliver to the By-Law Enforcement Officer fifteen days' prior notice in writing of cancellation; provided if the owner to whom any such license is issued shall deliver the same up for cancellation to the By-Law Enforcement Officer, the By-Law Enforcement Officer shall issue a waiver, addressed to the insurer and the insured, of the fifteen days' notice on cancellation of insurance in respect of the vehicle thereby licensed, and thereupon such license shall be of no further force or effect. Such insurance shall apply to the vehicle in respect of which the license is applied for or held by the applicant, and shall idemnify and protect the owner and the public, including passengers carried in such vehicle and shall be in an amount no less than the amount of $250,000.00 (exclusive of interest and costs) against loss or damage resulting from bodily injury to or death of one or more persons, and loss of or damage to property, or such other equivalent insurance with such limits as may be approved by the Council. - 6 - REVOCATION OR SUSPENSION OF LICENSES Licenses may be refused or revoked by the Council in its discretion, and it shall not be bound to give any reason for refusing or revoking any license. Notice of the revocation of any license may be given by the Council by registered letter mailed to the address given by the licensee in his application for the license, or by communication to the licensee in any manner whatsoever, and upon such notice being so given, the license shall be revoked and be of no further effect. 10. The By-Law Enforcement Officer may suspend the license after consultation with the Town Solicitor. QUALIFICATIONS 11. No person shall be licensed under the provisions of this By-law: (a) As a taxicab owner or limousine owner who is not a resident of the Town, or in the event that the taxicab or limousine is owned by a Corporation, then such license shall be issued to the owner only if the beneficial owner or owners of more than 50% of all the issued capital of the Corpora- tion are residents of the Town and the Corporation has its head office and/or chief place of business within the limits of the Town. (b) As a broker who is not a resident of the Town and does not carry on his business from a location within the limits of the Town, and in the event that the broker is a Corporation, then such license shall only be issued if the beneficial owner or owners of more than 50% of all the issued capital of the Corporation are residents of the Town and the Corporation has its head office and/or chief place of business within the limits of the Town. (c) Who has been convicted of any criminal offence or any breach of the Liquor Control Act until the Council has had placed before it all facts pertaining thereto and thereafter authorized the issuance of a license; (d) Who is under the age of eighteen years; (e) Who is unable to speak, read and write the English language; (f) Who applies to be licensed as an owner unless the vehicle in respect of which the license is to be issued is registered and licensed for the then current yi?:ar under the provisions of The Highway Traffic Act of Ontario; (g) Who applies to be licensed as a driver unless he is possessed of a chauffeur's license for the then current year issued under the provisions of The Highway Traffic Act of Ontario. - 7 - TAXICAB OWNER'S LICENSES AND LIMOUSINE OWNER'S LICENSES 12. (a) Subject to the provisions of 12 (b) and 12 (c) herein, no taxicab owner's license and no limousine owner's license shall be transferable. (b) If the holder of a taxicab owner's license or a limousine owner's license should die then the spouse of said license holder shall be entitled to apply to Council for permission to transfer said license to the name of the surviving spouse. Said surviving spouse shall also be entitled to apply to Council for consent to the sale of said license to a person approved by Council. (c) With the consent of Council first being obtained, a taxicab owner's license or a limousine owner's license may be transferred from one spouse to the other. (d) No person shall be entitled to hold more than one taxicab owner's license or limousine owner's license and for the purposes of this section a husband and wife shall be deemed to be one person. (e) Every licensed xakicab owner-and limyusine owner, except-an owner who is al-go licensed as a der ( under the terms of tM s By-law; shall -ob-ain a 'ryut J driver's license.dnder the provisipat of thia- By>law and shall operate his or-her vehigl-cr' va" personally a minimum of 20 hours per seek ave ed f h i d F i lt ft ?'" { l per o y over any two mont . a lure to the I 1 conditions of this section shall be grounds for revocation of said taxicab owner's license or limousine owner's license. BROKER'S LICENSE 13. (a) No Broker's License issued under the provisions of this By-law shall be transferable without the consent of Council. (b) Upon the issuance of a broker's license said brokerage shall be made operational within 30 days of the issuance of the license otherwise it shall automatically lapse. If a brokerage is out of operation for a period of 30 days the license shall be deemed to have been automatically revoked. ADDRESS OF LICENSEE 14. Every person licensed under the provisions of this By-law shall, upon changing his address, notify the By-Law Enforcement Officer in writing as to his new address, within six days of such change. NUMBER OF LICENSES AND FEES PAYABLE 15. The By-Law Enforcement Officer shall not, in any year, issue more taxicab and/or limousine licenses than those permitted in Schedule TWO (2) of this By-law. The fees payable for licenses issued under this By-law shall be on an annual basis and shall be payable to the Town Treasurer on application for a license. The said fees shall be as set out in Schedule TWO (2) of this By-law. - 8 - TARIFF AND TARIFF CARDS 16. The rates of fares to be charged by the owners or drivers of taxicabs and limousines for the conveyance of passengers wholly within the Town of Pickering or to any point not more than three miles beyond its limits, shall be exactly as shown in Schedule ONE (1) attached to and forming part of this By-law, and no higher or lower amount than that contained in the said Schedule shall be charged or payable, whether such rates and charges are determined by distance or by time; provided an owner and a customer may enter into a contract, in writing, for services to extend for the period of a year or more on runs between fixed points at an agreed Tariff, but a duplicate original of such contract must first be filed with the By-Law Enforcement Officer. No owner or driver shall publish or use a Tariff other than that authorized by the Council or filed with the By-Law Enforcement Officer. An owner or driver licensed hereunder may operate a taxicab on an hourly basis at the request of a passenger, and then only at the rate therefor fixed by Schedule ONE (1) of this By-law. 17. No owner or driver of a taxicab or limousine shall be entitled to recover or receive any fare or charge from any person unless the Tariff card is prominently displayed in the vehicle at all times as provided in this By-law. 18. At the conclusion of a trip the driver of a taxicab shall call the passenger's attention to the amount of the fare registered on the meter and place the flag of the meter in a non-recording position. 19. When a dispute arises with a passenger as to the fare, the driver or owner in charge of the taxicab may refer the same to the Officer in Charge, Durham Regional Police Force, 962 Kingston Road, Pickering, and if the driver or owner was correct in the demand for fare made by him, he may add thereto an amount equal to the proper charge under Schedule ONE (1) for the distance travelled from the place where the dispute arose to the police station. 20. Tariff cards or badges defaced, lost or destroyed, may be replaced by the By-Law Enforcement Officer upon the original tariff card or badge being satisfactorily accounted for, and in the case of badge, upon the payment of $1.00. 21. Any person hiring a taxicab or limousine may require the driver thereof to furnish him with a receipt for the fare or charge made and paid, indicating thereon the place of picking up and place of discharging of any person and the mileage travelled and the driver shall promptly furnish such receipt upon request. The number of the owner's license issued under the provisions of this By-law, and the Provincial motor vehicle license number of the taxicab or limousine shall be indicated thereon. - 9 - PERTAINING TO VEHICLES 22. (a) Every taxicab owner and limousine owner shall either own the vehicle for which he or she is licensed or use a vehicle which has been leased by the owner for a minimum period of one year and a copy of said lease agreement shall be filed with the By-Law Enforcement Officer. (b) Every motor vehicle licensed under this By-law shall be kept in good repair and the interior and exterior kept clean. (c) Prior to the issuance of a taxicab owner's license or a limousine owner's license the owner shall obtain a Certificate of Mechanical Fitness for the vehicle for which application is made. Said vehicle shall also be tested and a Certificate of Mechanical Fitness obtained for same six months after issuance of the license and so on, every six months thereafter. (d) Upon notice in writing of any defects or faults found as the result of such inspections, the owner shall forthwith remove the vehicle from the road until such defects or faults have been rectified, and, on completion of same, shall again produce the vehicle for inspection before returning it to the road. (e) Every vehicle shall be equipped with a spare wheel and tire properly inflated and ready for use. (f) The taxicab number plate issued under this By-law shall at all times, be securely and prominently affixed to the right rear portion and on the outside of the vehicle in respect of which the same was issued. Each vehicle so licensed shall be operated as a taxicab at all times. Failure to comply with the terms set out in this section hereof, shall at the discretion of the Council of the Town of Pickering, be sufficient cause for revocation of or refusal to renew such license. (g) A vehicle licensed under this By-law shall not be operated at a speed greater than that laid down by The Highway Traffic Act, and shall not be operated in such a manner as to be dangerous to the public. (h) No owner or driver shall drive a vehicle with luggage or other material piled or placed in a manner that obstructs his view. (i) No person licensed under this By-law shall carry in any vehicle a greater number of occupants, or persons, than the manufacturer's rating of seat capacity of such vehicle, inclusive of the driver. (j) The age of any motor vehicle to be licensed as a cab under the provisions of this By-law shall be no more than four years from the year of manufacture of such vehicle. (k) Every owner and driver employed by him shall take due care of all property delivered or entrusted to him for conveyance or safekeeping. Every driver immediately upon the termination of any hiring or engagement, shall carefully search his vehicle for any property lost or left therein, and all - 10 - property or money left in his vehicle shall be forthwith delivered over to the person owning the same, or if the owner cannot at once be found, then to the nearest police station, with all information in his possession regarding the same. (1) No driver or owner shall knowingly drive or permit to be driven about the streets in his vehicle any person for the purpose of soliciting from the vehicle for acts of prostitution. {m) The owner or driver of a vehicle shall while such vehicle is being used for the transportation of children to or from school observe and comply with the following regulations: (1) Not more than six children shall be at any one time carried in a standard five passenger vehicle and not more than eight children shall be carried at any one time in a standard seven passenger vehicle; (2) No child shall be permitted to stand while the vehicle is in motion; (3) The vehicle shall carry on the front and on the rear thereof signs of not less than eleven inches by fourteen inches in size clearly and visibly displaying the words "School Vehicle" in black letters on a yellow background; (4) The signs referred to in clause (3) shall be carried only when the vehicle is actually engaged in transporting children to or from school and shall be removed when the vehicle is engaged in any other business. (n) The following types of vehicles shall not be used as taxicabs or limousines: Convertible automobiles, converted trucks, two-door coach automobiles, and automobiles which the By-Law Enforcement Officer deems to be insufficient size to be operated as taxicabs or limousines. (o) In case of violations of the provisions of this By-law, the license of such vehicle, and the license of the driver, may be suspended by the By-Law Enforcement Officer, and also, may at the discretion of Council, be revoked. (p) In the event of an accident or breakdown if the vehicle will be out of service for a period of more than ten consecutive days, the owner shall supply a substitute vehicle for service during the period such original vehicle is out of service. Said substitute vehicle may be a rented vehicle provided it is not used for a period of longer than 30 days and such vehicle shall be presented to the By-Law Enforcement Officer for approval prior to its use. When it is known to the owner that a vehicle will be out of service for more than three consecutive days, the Owner shall file a written report with the By-Law Enforcement Officer indicating why the vehicle is out of service. - 11 - 23. When any licensed owner disposes of a taxicab or limousine and acquires another taxicab or limousine, before the license for the former may be transferred to the latter, the latter must be submitted to the By-Law Enforcement Officer for approval. METERS AND SIGNS 24. Every taxicab licensed under this By-law shall have affixed a taximeter for registering distances travelled and computing fares to be paid, and for all taxicabs so equipped the following provisions shall apply: Every taximeter shall be: (a) Submitted, when required, for testing, inspection and sealing by the By-Law Enforcement Officer. (b) Illuminated between dusk and dawn. (c) Attached to the taxicab in a location and manner approved by the By-Law Enforcement Officer. (d) Adjusted in accordance with the Tariff prescribed by Schedule ONE (1) of this By-law. (e) Tested by running the taxicab in which it is installed, over a measured distance before it is sealed. (f) Numbered and not used until approved by the By- aw Enforcement Officer. (g) Used not longer than six months without retesting. (h) Kept in good working condition at all times, and not used when defective in any way. (i) Equipped with a luminous yellow or illuminated metal plate or flag attached to the top thereof and approved by the By-Law Enforcement Officer, which plate or flag shall be in a lowered position when the taximeter is in operation and in a raised position clearly visible from any direction outside the taxicab when such meter is not in operation, and shall be connected to the electric sign referred to in Section 24 hereof in such manner that the sign is lighted when the plate or flag is raised and extinguished when the same is lowered. The owner or driver of a taxicab equipped with a taxi- meter shall not operate such taxicab when the taximeter has been changed, repaired, altered, tampered with, or adjusted, unless and until the taximeter has been subsequently tested and sealed by the By-Law Enforcement Officer. 25. Every taxicab owner licensed under this by-law shall, while his taxicab is operated as a taxicab, have installed on the top of such taxicab an electric sign, in good working order; such sign shall be subject to the approval of the By-Law Enforcement Officer and shall not be a flashing type, or in either the colours red or blue. Ambulance, hearses, or self-drive vehicles, shall not be equipped with roof name signs. - 12 - FARES 26. (a) Every licensed driver shall drive the taxicab operated by him by the most direct travelled route to the point of destination, unless otherwise directed by the passenger. (b) No owner or driver shall induce any person to use his taxicab by knowingly misleading or deceiving such person as to the location or distance of any place or by making any false representation to such person. 27. No person employing any taxicab shall refuse, upon demand, to pay the fare or charge authorized by this by-law. 28. Every licensed person operating a taxicab equipped with a taximeter may agree at the request of the passenger, to o?erate on an hourly basis, at the rate provided for under PART TWO of Schedule ONE (1) of this By-law and the flag of the meter shall be placed in the recording position throughout the trip. 29. (a) No licensed person shall make any charge under this By-law for time lost through defects, or inefficiency, of the vehicle, or the incompetency of the driver thereof, or for time consumed by the arrival of the vehicle in response to a call in advance of the time such vehicle has been requested by the person calling same. (b) Every owner or driver licensed under this By-law shall serve the first person requiring the service of his vehicle at any place within the Pickering Town Area at any specified time by day or night and if he plead 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. he shall punctually keep all his appointments or engage- ments, and shall not accept any engagement that a previous appointment would prevent him from fulfilling, provided however, that he shall not be compelled to accept any order from a person who owes him for a previous fare or service, unless and until the same be paid. 30. Any person duly authorized by the By-Law Enforcement Officer or any member of his Department or any member of the Durham Regional Police Force, may at all reasonable times inspect as much of any place or premises as is used for the carrying on of any trade, calling, business or occupation in respect of which any person has or is required to have a license under this By-law, and any such person authorized or any member of the Department or Police Force may inspect any goods, articles, books, records and other documents of or relating to any such trade, calling, business or occupation, and no person who has or is required to have a license under this By-law shall obstruct or hinder the making of the inspection aforesaid, or cause or permit the same to be obstructed or hindered. 31. No person licensed under this By-law shall, becauge of race, colour or creed, discriminate against any member of the public in the carrying on of the trade, calling, business or occupation in respect of which the license is issued. - 13 - 32. No person licensed under this By-law shall: (a) Permit or allow any tippling or gambling of any kind to be carried on in, upon or in connection with a building or premises in respect of which a license is issued; (b) Keep, place, maintain, permit or allow at, in, upon or in connection with said building or premises any crane, slot, or pin-ball machine including the bagatelle table type or any other device of a similar nature, but not including merchandise vending machines or machines for playing recorded music, or games of skill operated by electric ray from which no chance reward may be obtained. 33. Every license issued under this By-law shall expire the thirty-first day of December of the year for which it is issued; but the licenses for the following year may be issued at any time during the month of December. MAINTENANCE OF RECORDS 34. The driver of a taxicab or limousine shall keep a daily record (hereinafter referred to as a "Manifest") of all trips made by him, and such record shall contain the following information: (a) The Provincial motor vehicle license number of the taxicab or limousine, and the number of the taxicab owner's license or limousine owner's license issued under the provisions of this By-law; (b) The name, address and identification number of the driver; (c) If a taxicab, the meter readings at the start and finish of each working period; (d) The date, time and location of the beginning and termination of each trip, and number of passengers carried; (e) The amount of the fare collected from each trip; (f) Every driver who drives a taxicab or limousine of which he is not the owner shall, at the end of each day's tour of duty, deliver to the owner a copy of the said manifest. 35. When a broker dispatches or causes to be dispatched a driver upon a trip, such owner or broker shall keep a record setting out the following information: (a) The taxicab number plate of the taxicab or limousine and the number of the taxicab owner's license or limousine owner's license issued under the provisions of this By-law; (b) The date and the time of dispatching; (c) The name and identification number of the driver; (d) The address to which such taxicab or limousine is dispatched. - 14 - 36. Upon completion of the driver's daily work period the owner shall record, if the vehicle is a taxicab, the meter readings and the date and time the taxicab was returned. 37. The owner who hires a driver for a taxicab shall check the daily trip record kept by the driver and shall require an entry for each trip recorded on the meter. 38. At the expiry of his work shift a driver, other than the owner, shall turn over to his employer all money received by him as fares during such shift, retaining if his working agreement so provides, any amount which may be due to him for wages or commission and an owner shall 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. The driver shall also turn the copy of his manifest over to his employer without undue delay and not later than one hour after the end of his shift. 39. (a) Every owner shall retain the records referred to in this By-law for a period of time not less than twelve months; these records shall be open to inspection by a police officer or any person authorized by the Council any may be removed and retained by a police officer or the Council for a reasonable time. (b) Every owner will keep on file a record of each driver's name and address, date of birth, taxi license number, date and length of service, etc, and chauffeur's license number. 40. Every driver licensed under this By-law shall: (a) Make available his manifest and give full informa- tion thereof to the By-Law Enforcement Officer or any police officer on being required so to do; (b) Upon request of any passenger, give in writing his name, address, number of license issued to him under the provisions of this By-law, and the Provincial motor vehicle license number of his taxicab or limousine; (c) Upon request of the By-Law Enforcement Officer or any police officer of the Regional Municipality of Durham provide full information as to passengers carried; (d) Place his photograph and name in the holder hereby required to be affixed to the rear of the driver's seat in such manner that the same is plainly visible to and readable by passengers in the back seat. (e) While on duty, be neat and clean in his person and display constantly the badge or other identification mark with the driver's license number shown thereon under the provisions of this By-law and permit any person to note the driver's license number shown thereon upon being requested so to do. (f) Not smoke while a passenger is being carried by him. - is - 41. 42. (g) Not be under the influence of any intoxicant nor take, consume or have in his possession any intoxicant while in charge of a taxicab or limousine, nor shall the use thereof by him be apparent while he is in charge of such vehicle. (h) Not overcrowd an open stand, nor back onto the same nor push or displace any taxicab already on the stand. A driver who wishes to enter an open stand with his taxicab shall do so by taking his position at the end of any line formed by other taxicabs already on the stand and when a driver is either first or second in line in such stand, he shall remain in the driver's seat of his taxicab ready to be hired. No owner licensed under this By-law shall: (a) Employ any person other than a driver duly licensed under this By-law to operate his taxicab or limousine; (b) Permit any taxicab or limousine to be driven under the authority of a license issued to him except that in respect of which the license has been issued; (c) Require or permit any driver to be on duty more than twelve hours in any period of twenty-four hours or for more than six consecutive days. Every taxicab broker shall: (a) Keep a record of all owners and drivers operating taxicabs or limousines in association with him, such record to show the number of taxicabs or limousines operated by each owner, including his name and address and the number of the license issued under this By-law in respect of each; (b) Submit a report to the By-Law Enforcement Officer by the tenth day of each month, or oftener, if requested, on the form provided by him, showing the number of taxicabs or limousines which operated during the previous month under agreement or contract with him, the names of the owners, the make of vehicle, its Provincial license number and the taxicab plate number, the number of drivers, their names, their Pickering badge numbers, the total hours worked each day by each driver and the Pickering plate number of the car driven by each driver. (c) Make or cause to be made a daily inspection of all taxicabs or limousines operated in associa- tion with him, making certain that they are clean, properly equipped and identified, as required by this By-law; (d) Before permitting a taxicab or limousine to be used, make certain that every owner or driver associated with him is duly licensed under the law of the Province of Ontario and under this By-law; - 16 - (e) Notify the By-Law Enforcement officer within forth-eight hours whenever an owner or driver changes addresses or terminates his association with him. (f) Deal with each and every owner and driver on a fair and equitable basis without favour or prejudice. 43. No taxicab or limousine owner or driver shall be dis- patched by a broker who is not licensed under the provisions of this By-law. 44. Any person found guilty of a breach of this By-law upon conviction thereof, shall be subject to a fine not exceeding Three Hundred Dollars ($300.00) exclusive of costs, recoverable under The Ontario Summary Convictions Act, and in default of payment of such fines and costs, shall be liable to imprison- ment in the Common Gaol of the Regional Municipality of Durham for a period not exceeding twenty-one (21) days. 45. Any person (including persons holding licenses prior to the passing of this By-law) found by Council not to be observing the provisions of this By-law, may have their license revoked or cancelled. SCOPE 46. This By-law shall apply to brokers, owners and drivers of taxicabs and limousines which vehicles are kept or used for hire in the Town of Pickering. The tariff hereunder shall apply for the use of taxicabs and limousines wholly within the said municipality or to any point not more than three miles beyond its limits. 47. A person who holds a valid taxicab license which was issued under By-law 4372/73 or its predecessor, and who is not a resident of the Town of Pickering shall be in the year 1975 and thereafter entitled to the issuance of a license under the provisions of this By-law provided that he is not the holder of any other taxicab license, for said vehicle, issued by another municipality and carries on his business solely within the Town of Pickering and fulfils all other requirements of this By-law. 48. By-Law Number 121/74 is hereby repealed but all licenses issued thereunder shall remain in force until December 31st, 1974, unless or until same are forfeited, revoked or cancelled, and such licenses heretofore issued shall be deemed to have been issued under and subject to the provisions of this By-law. PROVIDED, however, that subject to paragraph 47 above, any license issued for the year 1974 shall terminate as of December 31st 1974 and any applicant for a license to be issued for the year 1975 and thereafter must meet and fulfil all requirements for the issuance of such license as set out in this By-law. By-Law read a First, Second and Third Time and PASSED this day of 1974. Mayor ` Clerk THE CORPORATION OF THE TOWN OF PICKERING SCHEDULE ONE FORMING PART OF BY-LAW NUMBER /4-)-l-7L[ PART ONE: By Distance One to Four Passengers: For the first quarter mile or part thereof ........ $ .60 For each additional fifth of a mile or part thereof .10 For waiting time while under engagement, for each minute ... .10 For each additional passenger in excess of four ... .20 Baggage (other than shopping or grocery bags) For each trunk (32 inches by 18 inches by 9 inches or 3 cu. ft.) .50 Hand baggage if not carried by passenger inside vehicle per parcel ......... .10 Brief cases and parcels of comparable size shall not be considered as hand baggage. Bags and cartons containing groceries (if loaded and unloaded by driver) per bag .................... .10 Up to a maximum of 30 cents. Wheel chairs will be carried free. PART TWO: By the Hour For the first hour or part thereof ............... $6.00 For each additional fifteen (15) minutes........... 1.00 For each passenger in excess of four - per hour.... .75 Baggage (other than shopping or grocery bags): For each trunk (32 inches by 18 inches by 9 inches or 3 cu. ft. .50 Hand baggage if not carried by passengers inside vehicle per parcel ......... .10 Brief cases and parcels of comparable size shall not be considered as hand baggage. Bags and cartons containing groceries (if loaded and unloaded by driver) per bag .................... .10 Up to maximum of 30 cents. Wheel chairs will be carried free. THE CORPORATION OF THE TOWN OF PICKERING SCHEDULE TWO FORMING PART OF BY-LAW NUMBER 1. The By-Law Enforcement Officer of the Town of Pickering shall not, in any year, issue more than 13 taxicab and/or limousine owner's licenses until such time as the population of the Town of Pickering exceeds 25,000 people according to the current census of the Province of Ontario and thereafter one additional license shall be permitted for every 2,500 increase in the population in excess of the said 25,000 people. 2. The license fee payable by an owner for an original taxicab and/or limousine owner's license shall be the sum of $100.00 and the sum of $50.00 for each renewal of such taxicab and/or limousine owner's license. Expiry date 31st December of year license is valid. 3. The annual license fee payable by a driver including an owner who drives his own taxicab and/or limousine shall be the sum of $5.00. Expiry date 31st December of year license is valid. 4. The annual license fee payable by a taxicab Broker shall be the sum of $50.00. Expiry date 31st December of year license is valid.