HomeMy WebLinkAboutBy-law 733/77tsEmolsk ?-LPi 733177
REPEALED BY I Y' L ?/,) 106 -YIZ-f-
REPEALS
AMENDED BY Y LASS
DISPOSITION
r
THE CORPORATION OF THE TOWN OF PICEMRING
BY-LAW NUMBER 733/77
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, &nd for establishing the
rates and fares to be charged by the owners
or drivers of such vehicles for the convev-
ance of goods or passengers, either ;.=telly
within the municipality or to any pc?nt 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 .pct, R.S.O. 1970, c. 284, by-
laws may be passed for licensing, regulating and governing
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
MrTNTTTtnWC
1. In this By-Law:
(a) "Broker" shall mean a person, firm or corpor-
ation, who accepts bookings for any taxicab
or limousine, but does not include any per-
son 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
Corporation 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;
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(f) "Limousine" shall mean a motor vehicle which
does not bear any identification other than
its provincial motor vehicle perrit 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 By-Law Enforcement
Officer or Assistant By-Lass Enforcement
Officer appointed by the Council of the Town
of Pickering;
(h) "Open Taxi Stand" shall mean a public place
alongside the curls 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; y
(i) "Owner" shall mean the owner of a taxicab or
limousine licensed as such or rec<uired to
be licensed as such under this By-Law;
(j) "Passenger." shall mean any person in a taxi-
cab or limousine other than the drive);
(k) "Person" includes an individual, firm,
society, association, partnership and corpor-
ation;
(1) "Resident" shall mean a person who has been
continually during the twelve month period
immediately preceeding 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 kevt 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 there-
of under the provisions of this By-Law, a
bus, an ambulance, or a hearse;
(o) "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, and which computes the amain of
the fare chargeable for any trip fcr which
such a fee is chargeable;
(p) "'T'own" shall mean the Town of Pickering;
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(q) "Trip Record" shall :jean a record of the
following information:
(i) the provincial rotor vehicle
permit numher of the vehicle;
(ii) the name, address and iden-
tification nurber of the
driver;
(iii) the taximeter readings, if
the vehicle is a taxicab, at
the start and finish of a
driver's working period;
{.1V) the date, tie and location
of the beginning and termin-
ation of each trip, including
any stops requested by a
passenger en route; and
(v) the amount of the fare col-
lected for each trig.
PART I
TAXICAB AND L IN?QtOu"SDZEE D ,
2. No person shall l drive a taxicab or l i.no ,inn ,n thl e
Town unless that person is licensed to drive a tax -
cab or limousine by the Town and ever} applicant fcr
a licence to drive a taxicab- or _rcas e shall:
(a) be able to read, write and speak '€ ingljish
language;
(b) have attained the age of eighteen= '18) years;
(c) attend at the Town offices in person and con-
plete the necessary application forms;
(d) produce a valid driver's licence issued in
accordance with the provisions of The High-
way Traffic Acts R.S.C. 1970, c. 202, auth-
orizing the holder to operate a motor
vehicle for hire or reward;
(e) submit as part of his application three (s)
photographs of himself;
(f) submit as part of his application a certi-
ficate from a duly qualified medical prac-
titioner stating that the applicant is in
the opinion of the practitioner, physically
capable of operating a taxicab or limousine;
(g) complete at the Town offices a test dealing
with his knowledge of the provisions of this
By-Law, the geography of the mown including
the specific locations of hospitals, public
transportation terminals and other locations
frequently serviced by taxicabs; and
(h) prior to the taking of the test referred to
in (g), pay to the Town, in cash, the fee
set out in item 1 of Schedule "A" hereto.
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3. Upon successful completion of the test referred to in
section 2(g), an Officer may issue a temporary licence
for a period not to exceed thirty (30) days to permit
the driver to ooerate 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-maw shall:
(a) carry the taxicab's licence, or lincusine's
licence, as the case may be, with hira at a2 l
times when operating the taxicab or limousine
and produce it for inspection: when regnested
to do so by an officer;
(b) at all times when driving a taxicab or lir.-
ousine have t::e tariff card- hls ax ca:, or
limousine driver's licence: affixed to the-
rear of the f seat or in a position and
in such a many: _ -?, `e plainly vi-blt-, to
and readable by nr?-Ence_-S in, sc=at,;
(c) be neatly dressc.i and clean in p soma
appearance;
(d) refrain from sr:okin,; while ;r v . -n-, p-a s-
enger or passengers except wh(
permitted to do so by all peas :+.:r. -.,-s;
(e) if he wishes to enter an open taxi stand
with his taxicab, do so by taking posy t i on
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 distur-
bance;
(g) while in any open taxi star=e - public place,
be sufficiently close to his taxicab tc 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 gocc standing at all
times a licence issued 'oy the Previrce of
Ontario permitting hi^r- to drive a veh:ic?e
for mire or reward.
5.. When a driver licensed under this By-Law:
(a) changes his address, he shall within three
business days after such change, attend at
the Town offices and notify the Town of
such change of address and produce his taxi-
cab or limousine driver's licence for the
change to be entered thereon;
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(b) changes his employment from one taxicab or
limousine company or owner tc another
he shall within three business days after
such change, attend the Town offices and
notify the sown of such charge of einploy-
ment and produce his taxicab or limousine
driver's licence for the change to be
entered thereon.
v. No driver licensed under this BV-Law shall:
(a) carry in any taxicab or limousine, a greater
number of occupants or persons than the mar.-
ufactnrer's rating o seating capacity of
such :axicab or lir"ousine inclusive of
driver;
(b) drive a taxi-cab or limousine with luccace
or other material piled or placed i the
front seat, back ;peat or trunk of the taxi-
cab or limousine, ,;n nanner that rbstructs
his vies;;
(c) place or allow to be placed any 'I t -:c ,
... ':r "s1t st>3'
cartons or any other material
the front or rear window in -_u ` a j:
to obstruct the view of the *a::; A.?Ilr.r f aci
from the outside Of the taxica..;
(d) drive or act as a driver cf a,:',' ?zr.t?t c r
limousine- within: the Town
of that taxicab or lire,=uslne is -:cent.sedi
under this by-law as owner of ti-at tai cah
or limousine;
(e) overcrowd an open taxi stand;
(f) pick up any passe=ncer within lfO fee` of
an open taxi stand when there are one or
more taxicabs in the stand, except where
an arrangement has been previcusly made
with the passenger to pici, : it 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 can the trip
record prior to the commencement of the next follow-
ing trip, but no driver shall obstruct traffic while
preparing his trig record.
9. When a driver uses a taxicab for transportation of
passengers for no gain or reward, he rust either:
(a) remove the roof light from the taxicab; or
(b) place the flag of the taximeter in a record-
ing position=.
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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) wren operating a taxicab which is being
used for the transportation of children to
or from school.
13.. (a) Every driver licensed under this By-Law shall,
before commencing to operate the taxicab or
limousine on any day, examine for mechanical
defects or any irtericr or exterior damage
the vehicle he is to drive during the day
and report forthwith any defects or dar:a=.e
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 li„ ,'OUS n('
to his employer and report all
accidents and any apparent, ech-
anical defects or damage to suCh
employer; and
(ii) deliver to his employer the tra:
record pertainina to his work-
shift and all fares collected
less the amount of corns. fission as
previously agreed upon between
the driver and owner.
12. When a passenger first enters a taxicab, the flag of
the meter shall immediately be placed doro?n in a
recording position and shall remain in such position
throughout the trip.
13. (a) Every driver shall take the shcrtest poss-
ible route to the destinatio desired by
the passenger unless the passenger desig-
nates 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
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recording position at all times within the runicipal
boundaries of the Town.
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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 r::ay refer the
dispute to the officer-in-charge of the nearest Police
Station, and if the driver was correct in his derand
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 waiving tire
while the dispute was being investigated.
17. Every driver shall give a passenger a receipt cn an
authorized form showing the driver's and owner's name
and identification nu.,stber, when requested or w*-ene ver
there is a dispute over the fare.
18. Notwithstanding the provisions of subsection (a) ef
section & hereof, while a taxi-cat or lir*usine is
being used for the transportation of h d e.n to or
from school, the driver of the taxica , or l zt„ouss.i ne
shall observe and comply With the wc:ilowinc::
(a) Not more than six (6) children shall to at
any one time carried in a standard flv -
passenger vehicle and not more than s,?tven
(7) children shall he carried at any one
time in a standard six-passenger vehicle.
(b) No child shall be permitted to stand t,ile
the vehicle is in motion.
19. Every driver shall take due care of all property
delivered or entrusted to hin 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
property or money cannot at once be found, then the
driver shall deliver the property or coney to the
nearest Police Station with all information in his
possession_ regarding 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
authorized by Schedule "B" hereof.
21. A taxicab or limousine driver's licence shall net be
transferable.
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PART III
TAXICAB AND LIMOUSINE HERS
22. il3 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 as a taxicab or lim-
ousine, in the Town of Pickering, unless that
person is licensed to own a taxicab or lim-
ousine, as the case may be, by the Town.
(2) Every taxicab or limousine owner or applicant
for a taxicab or limousine owner's licence
shall.
(a) be a licensed taxicab or lim-
ousine driver, as the case may
be, in the Town, or be a ccr-
poration having its head office
in the Town of x icker? ng;
(b) be a resident of the 'own ;
(c) for every application; for a
taxicab or limousine owner's
licence or for a renewal
thereof, attend in person and
not by an agent at the Town,
offices and shall conplete
the prescribed forms are such
Declarations and Affidavits
as may be required and shall
furnish the Town such informa-
tion as the Town may request;
(d) upon renewal of his taxicab
or limousine owner's licence,
return to the Town the pre-
vious year's metal plate
supplied by the Town and bear-
ing his taxicab or limousine
owner's licence number, before
the new plate for the current
year will be issued to him;
and
(e) submit his taxicab or limou-
sine for inspection before a
taxicab or limousine owner's
licence shall be issued to
him for that taxicab or
limousine.
(3) In the case of a taxicab or limousine part-
nership, the attendance required under clause
(c) of subsection 1 of this section shall be
by at least one of the partners, and in the
case of a taxicab or limousine owned by a
corporation such attendance shall be by an
officer of the corporation.
23. Every owner shall obtain and produce to the Town_ a cony
of an Ontario Standard Automobile Insurance Policy
insuring the taxicab 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.
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240 Where any owner disposes of his taxicab or limousi.7e
and acquires another taxicab o? limousine, he shall;
(a) immediately submit the latter taxicab or
limousine for inspection;
(b) produce an approve: for vehicle inspec-
tion report issued by The Ontario Minis-
try of Transport and Cos un ications,
vehicle Inspection Branch dealing with
the road worthiness and safety of the
vehicle to be used as a taxicab or lin-
ousine;
(c) before using the taxicab, or lirmtocusine,
and immediately after ohtaining the,
officer's approval, attend at the Town
to record such change.
25. Every taxicab or limousine owner l ce sec Tic'_er t3.is
Ry-Law shall:
(a) submit his taxicab or linouwIne for
inspection at any tine recalred the
':own;
(b) ensure that the original or a nhoto-
stated copy of the original, r¢ t?.e
following documents be kept at ali
times in his taxicab or 1 mo s;ne.-
(1) current Ontario ministry
of Transport and. Cc°rm?uni-
cations Passenger Mot-or
Vehicle permit for the
vehicle;
(2) current Town taxicab or
limousine owner's licence
for the vehicle; and.
(3) 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:
(1) the taxicab or limousine
owner's plate number;
(2) the provincial plate num-
ber of the vehicle;
(3) the taxicab or limousine
driver's name and licence
number;
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(#) the date and the time of the
authorization; and
(5) the taximeter readings, where
the vehicle is a taxicab, and
the odometer readings of the
vehicle being or?erated;
(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;
(a) where the vehicle is a taxicab require an
entry on the trip record for each trip
recorded on the taximeter at the time
when ary 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 th,-= drives;
(i) keep for a period of at least sip: (6)
months, all trip records of the tax-ca'::
or limousine owned by hir,: and shall --=e
these records available for inspection
by any person authorized by the Town and
such person shall be n ratted to re.o>r
these reco.ds and retain them for a
reasonable time; and
(j) check immediately any mechanical defect.
in his taxicab or limousine reports-d to
him by a driver under subsection (a) of
section 1.1.
26. Every owner shall have affixed to his ta;:icab, a taxi-
meter which shall register distances travelled, record
trips and units, and compute fares to be paid, and for
all taxicabs so equipped, the following provisions
shall apply:
Each taximeter shall be:
(a) submitted for testing, inspection a,sd
sealing, to an Officer in the period
between April 15th and May 31st (both
inclusive) and again between September
15th and October 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 dashboard in plain view of the
passengers and approved by ar_ Officer;
(d) adjusted in accordance with the rates
prescribed by Schedule .`E";
(e) tested by running the taxicab to which
it is attached over a measured distance
and tested for time before being sealed;
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(f) used only when the seals thereon are
intact;
(g) used for not loncaer than six (6)
months without retesting and reseal-
ing;
(h) kept in good working condition at all
tines and not used when defective it
any way;
(i) numbered and not used until arc,r ved
by an Officer; and
(j) equipped with a metal ,,late or flag
attached to the top *herec and
approved by an officer. Stich t>:ate
or flag shall be in a lowered pcsz-
tion when the taxim*ter is in CVer-
ation, arced in a rased r_-cS *lOn Wnen
such meter is not o::erd:rcn.
27. Every taxicab or limusi e owve
maintain in or on his rEh cl , as tht, Cali(-
while such vehicle is operated as a t.,xic.?: cr
limousine the following equipment and narltri.r.,,;?-.
(a) a plate issued by the cru-, and
i rNz s-
ing an identify neA ..°urnher, sus Nr€ 3;r
aff ixed to the rear of the e hic1e;
(b) a tariff card supplied the . air;
and bearing the r:azrve of the o-.- <r
of the vehicle and the idea tl'.,: ng
number referred to in clause 'a),
above, affixed to the rear of the
driver's seat in such a rnnanner that
the card is Plainly .4.s hle= -c z.ass-
engers in the back seat;
(c) a holder for the photograph and na.ne,
of the driver or owner affixed in a
position to be plainly visitle 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 spanner
approved by an officer, indicating
that the vehicle is a taxicab.. The
electric sign shall not show a name
or telephone number of any Verson,
firm or corporation, other than the
nacre and telephone number of the
person, firm or corporation 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 "F", 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 (5").
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28. No taxicab or limousine owner licensed under this
By-Law shall:
(a) by any arrangements or agreements, permit
any taxicab or limousire not owned by hi*n
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 licensed under this By-Lam, 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 mechanical o.dition;
(d) display or permit the display of any
advertisement on or in his vehicle,
except where the vehicle is a taxicabb,
one exterior poster only, not exceed nq
forty (40) centimetres by Qne hundred
and twenty (120) centiretres .Aire,
placed at the rear of the texicab in such
a way as not to obscure the taxic.a
licence plate, the provincial l ic-nc,;,
plate, the vehicle's back-up,
and tail lights, or the .fisifn
taxicab driver. Xny such poste:
be constructed of and car riec in a z sst
resistant frame;
(e) display an advertisement under the pro-
visions of this By-Law unless plans
therefor have first been filed .,,ith and
approved by the Town; nor
(f) use or permit to be used on any taxicab
or limousine owned by him any emblems,,
decal or root sign which simulates any
colour or design of that of any other
taxicab or limousine, taxicab or limou-
sine 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 lim-
ousine owned by him and licensed under this By-Law
to be operated through a taxicab or limousine
broker not license-3 under this By-Law.
30. (l) Any taxicab or limousine owner's licence
may be revoked if the taxicab or limou-
sine owner fails to actively operate his
taxicab or limousine fos a period of one
(1) month or more.
(2) A taxicab or limousine owner's licence
shall not be transferable.
_ (3) No person shall be entitled to hold more
than one taxicab or limousine owner's
licence.
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31. Any approved applicant for a taxicab or limousine
o=er'.s licensce' shall obtains such licence within a
period of three (3) laths from the date of
approval. Failure to do so shall result in such
approval being rescinded.
32. (1) An applicant for a taxicab cr limousine
owner's licence sha_ be and r:,::st resin
licensed as a taxica or limousine driver
as the case v be :`e own..
(2) This section does Lot apply to corporate
applicants.
PART T
TAXICAB AND L,I "S 1NE
33. No person shall opera° ,- a t ax .c x v,:: ?>
broker in the To•w.. 4 . s`aas f _Jrs R 3
Taxicab or
may be, from th(34. Every applicant for a T-x',c-at or
Licence shall:
(a) be a taxicab or Ili- dr cri
under this By-Law he r,z at cr:
having its bead: of ice I he cw :)f
Pickering;
(b) where the applicant is a core rat c.n,
file with the application:
(i) the names aszd 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, attend in person
and not by an acer_t at the Town
offices and shall complete the pre-
scribed forms and such Declarations
and Affidavits as may be required
and shall furnish the Torn such
information as the Town: may request;
(e) in the case of a taxicab or limousine
broker partnership, the attendance
required under clause (d) of this
section shall be by at least one of
the partners, and in the case of a
taxicab or limousine broker that is
a corporation, such attendance shall
be by an officer of the corporation.
.I
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 cells for, or in any way
dispatch or direct calls for service
to any trehicles, other than taxicabs
or limousines licensed by the Town;
(c) :weep records of every veh,:'_le dis-
patched, the time of dispatch and
the place of the pick-up and shat?
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 author-
ized 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 limousine 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 addi-
tion 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. (1) 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 intox-
ica-ed or disorderly and does not
refuse to give his destination to the
driver anal, if the broker pleads some
previous engagement, he shall upon
demand give the name and address of
the person to whorl he is so engaged
together with the time atd place of
the --agement. He shall punctually
keep --Ll his engagements, and shall
not accept any encageutent that a
previous engagement would prevent
him from fulfilling.
(2) 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.
,f s
37. (1) Every taxicab or limousine broker shall:
(a) 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 boun-
daries of the Town; and
(b) carry on-the business o accept-
ing calls for, directinc calls
to or dispatching taxicabs or
limousines, as the case may be,
at all tines that the licence
is current, and not under sus-
pension.
(2) No taxicab or limusine broker shall charge
any fee to or demand any funds from any
taxicab or limousine owner or driv=er in
consideration for the provision of broker's
services, or for any other reason associated
with the operation of the taxicab or limou-
sine except as provided in subsection 3
hereof.
(3) A taxicab or limousine broker may charge a
fee to and demand funds accordingly from
any taxicab or limousine owner whose taxi-
cab or limousine is dispatched by that
broker but such fee shall be limited to
consideration for the provision of the
broker's services, as a taxicab or limou-
sine broker.
(4) No fees shall be charged or funds demanded
pursuant to the provisions of subsection 3
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 flown.
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 m,s'- be at least:
(a) a five (5) passenger (including driver)
motor vehicle; and
(b) a four (4) door motor vehicle.
s
- l f -?
40. No motor vehicle shall be used as a taxicab or limou-
sine:
(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 limous
owner's licence is issued or renewed for
the vehicle; and.
(b) by any other taxicab ox limousine owner
unless the model year of the vehicle is
fewer than four years prior to the year
in which the taxicab or limousine owner's
licence is issues: or renewed for the
vehicle.
41. No owner or driver of a taxicab equipped mat: c taxi-
meter 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 taxi„titer
having been tested or sealed, for a period of seventy-
two (72) hours on weekends or forty-eight (49) hours
during the week but only if the owner or driver of
the taxicab has in his possession a certificate frog:
the person who makes the repairs or alterations.
stating the time, date and nature thereof and to
place where the work was done.
43. No driver or owner licensed hereunder shall overate
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 taxi-
cab or limousine by misleading or
deceiving that person about the loca-
tion or distance from any part of the
Town to any other place, nor shall he
induce any person to engage his taxi-
cab 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
V
- 17 -
(c) be entitlen to recover or receive any
fare or charge from any person or per-
sons from whom he shall have demanded
any fare or charge greater or lesser
than those authorized by this By-Law
or to whomhe 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 tl.e driver thereof.
45. No owner or driver licensed hereunder shall make any
charge for the time elapsed daze 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, pro-
vided that the person is riot intox-
icated or disorderly or does not
refuse to give his destination, and,
if he pleads some previous engage-
ment, 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 engage-
ment
(b) punctually keep all his engagements,
and shall not accept any engagement
thatra previous engagement would pre-
vent him from fulfilling; provided
however, that, he shall not be com-
pelled to accept any order from a
person who owes him for a previous
fare or service.
486 The Tcwn 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 replace-
ment'fee fixed by the By--Law.
iB
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 lim?ousine 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 `:o an Officer and shall, if requested,
permit the removal of these records fror. the premizes
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 Torte, are to be ooen
to any taxicab licensed under this By-Lac..
PART VI
ADMINISTRATION
55. Upon receipt of an application for a licence under
this By-Law, an officer shall obtain a report con-
cerning 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
licence 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 appli-
cation does not comply with this By-Law.
58. If Council is satisf-ed that an applicant or a
licensee is not properly qualified to obtain or
hold a licence, it may direct the officer to with-
hold t.ie 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 compliance with section 23.
A
19
60. Failure to comply with any of the secticns of this
By-Law, shall in the discretion cf 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 per-
mitted 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, -;,cov-
erabie under the Summary Convictions Act;
(b) suspension or revocation of his licence;
or
(c) both (a) and (b).
63. No person employing any taxicab shall refuse, upon
demand, to pay the fare or charge authorized by
this By-Law.
64. The licence and transfer of licence fee for every
taxicab or limousine driver, taxicab or limousine
owner and taxicab or limousine broker shall be as
indicated on Schedule "A" attached to and forminc
part of this By-Law.
65. By-Laws 142/74 and 734/77 are hereby repealed.
66. This By-Law shall come into force and take effect
on the 1st day of January, 1978.
BY-LAW READ a first, second and third time and finally passed
this 19th day of December , 1977.
mayor ?i
C rIeY,
BY--:,:-_W 733/77
SCEE^ueZ E 'A'
ORIGINAL LICENCE FEES
Fee Per Calendar Year
Licence Type or Part thereof
1. Taxicab or Limousine Driver's
Licence $ 10.00
2. Taxicab or Limousine Owner's
Licence '75(1.010
3. Taxicab or Limousine Broker's
Licence 50.00
LZCENC?--'
Fee nr-i. _.a1end-a r" Year,
Licence Type c t th(>r0o
4. Taxicab or Limousine Driver's
Licence "s.0 , tii)
5. Taxicab or Limousine Owner's
Licence 10 , C;.'
6. Taxicab or Limousine Broker's
Licence 00. r) 0
LICENCE REPLAC? FEES
Licence Type see
7. Taxicab or Limousine Driver's
Licence 5.00
8. Taxicab or Limousine Owner's
Licence 10.00
9. Taxicab or Limousine Broker's
Licence 50.00
OTHER PEES
10. Replacement Tariff Card $ 2.00
a
BY-LAw 733/77
SCHEGCLE "B"
TARIFF, OF RATES AND FARES
A. DISTANCE CHARGES
1. For the first 230 meters (1;j7 mile)
,
or part thereof
2. For each additional 230 meters (1/7
mile), or part thereof
3. For waiting time while under engage-
ment, for each minute
B. OTHER CHARGES
1. Passengers - for each passenger in
excess of four (4)
2. Trunks - for each trunk exceeding
0.1 cubic meters (3 cubic feet)
volume
3. Luggage - for each piece not carried
by passenger inside vehicle
4. Groceries - for each bag or carton
loaded and/or unloaded by driver
C. NOTES
1. Maximum total charge under 8.1, 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.
S .70
.'_C
.10
$ .25
.15
.15