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HomeMy WebLinkAboutCS 43-06 CilJ¡ (J~ REPORT TO EXECUTIVE COMMITTEE J 4f) Report Number: CS 43-06 Date: July 24, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Public Meeting Notice of the Passing of a Taxicab Licensing By-law Recommendation: 1. That Report CS 43-06 of the Director, Corporate Services & Treasurer be received; 2. That a public meeting be held on July 24, 2006 for the purpose of soliciting comments with respect to the proposed Taxicab Licensing by-law; and 3. That upon review of the comments, the City Clerk present the by-law at the September 18, 2006 meeting of City Council. Executive Summary: With the implementation of the Taxicab Advisory Committee and as part of the Clerks Division review of regulatory by-laws, the Taxicab Licensing by-law was deemed to be a high priority for review and subsequent update. The purpose of this report is to solicit comments on the draft Taxicab Licensing by-law, prior to finalization and presentation of the by-law to Council. Financial Implications: There are no financial implications associated with this by-law. Background: In accordance with Subsection 150 (4) of the Municipal Act, 2001, before passing a licensing by-law, a municipality shall hold at least one public meeting at which any person who attends has an opportunity to make representation with respect to the matter and ensure that notice of the public meeting was given. Accordingly, notice of the public meeting was given on July 5, 2006 in the News Advertiser and posted on the >t 4i' --Report CS 43-06 Subject: Taxicab Licensing By-law Date: July 24, 2006 Page 2 City's website. A copy of the notice is included as Attachment 1 to this report. To date no written submissions have been received in this regard. As part of the review of regulatory by-laws, the Clerks Division, with the input and assistance of the City Solicitor, the Chair, Taxicab Advisory Committee and the members of the Taxicab Advisory Committee, undertook an extensive review of By-law # 2206/86, being the Taxicab Licensing by-law. Presentations were made to the Taxicab Advisory Committee on the proposed Taxicab Licensing by-law and feedback from representatives of the Taxicab Advisory Committee were taken into consideration. Highlights of the proposed changes are noted below, and a copy of the proposed by- law is included as Attachment NO.2 to this report. Kev Hiqhliqhts: General Administration: · Clearly define the refusal/revocation/suspension and appeals process · Enforcement procedures · Number of taxicab plates to be recognized, formula for calculation of taxicab plates to be issued · Provisions for three clean air cabs · Defined policies for plate eligibility list requiring applicants to be actively involved in the taxicab industry · Role of Taxicab Advisory Committee formally recognized and defined · Define licensing fees and other charges Vehicle Chanqes · Creation of maximum age of vehicles permitted to be licensed as taxicabs, implemented over a three year timetable · Establishment of body style · Meet requirements of Regulation 629, under the Highway Traffic Act for accessible vehicles · Vehicles must have both air conditioning and heat · Outlines clearly acceptable physical condition, including interior and exterior CORP0227 -07/01 Report CS 43-06 Subject: Taxicab Licensing By-law Date: July 24, 2006 Page 3 ~4g }. t, Driver Requirements · Driver testing & training program established as requirement for licence · Daily vehicle inspections, documents and available for review by licensing officer · Record of mechanical repairs · Post driver's licence & passenger rights & responsibilities information, along with tariff card in approved location . Keep proper trip sheet records · Turn off any music if requested to do so · Dress code; clean and neat in personal appearance, dressed in pants (but not sweatpants or shorts) or skirt, shirt or blouse with a collar and shoes · Prohibits use of radio system, cell phone or telephone system to speak to anyone other than a dispatcher while a passenger is in the taxicab · Prohibits transportation of a child under the age of 12 in the front seat unless air bag is disengaged · No driver shall operate a taxicab for more than 12 hours in any 24 hour period Taxicab Plate Owner Requirements · All leases must be registered with the City, no sub-leases permitted · $2,000,000. liability insurance requirement · Safety Standards Certificates will only be accepted from an Authorized Motor Vehicle Inspection Station, designated by the City · Maintain each taxicab in operation a minimum 35 hours per week at all times, with the exception of 8 weeks per year · Provide the list of all drivers permitted to operate the taxicab · Notify the Licensing Officer if a taxicab will be out of service for more than five days · Maintain a current maintenance log of all repairs and maintenance performed on the taxicab for the preceding six months Taxicab BrokeraQe Requirements · Provide a list in numerical order by taxicab plate number, the name of every driver operating any taxicab with which he has entered into any arrangement for brokerage services · Keep a record of each Taxicab dispatch including the date and time, the Driver and the location · Carry on the taxicab brokerage business 24 hours a day · File a list of the taxicab brokerage rules and procedures with the City and abide by them. Display the same list prominently in the Taxicab Brokerage offices cORP0227-07/01 h~Jrt CS 43-06 Subject: Taxicab Licensing By-law Date: July 24, 2006 Page 4 Attachments: 1. Notice of Public Meeting 2. Draft Taxicab Licensing By-law Prepared By: Approved I Endorsed By: ~~;v/ Manager, By-law Enforcement Services ~'cb~ Debi A. Bentley City Clerk . Copy: Chief Administrative Officer Recommended for the consideration of Pickering CiJY C unci! " cORP0227-07/01 I ATTACHMENT' I TO REPORT' ~ 'tl~ -~Ob NOTICE OF PUBLIC MEETING ~ì 'J' 0... -... Taxicab Licensing By-law TAKE NOTICE that the Executive Committee of Council of the Corporation of the City of Pickering will hold a public meeting on Monday, July 24, 2006 at 7:30 pm in the Council Chambers, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, pursuant to the Municipal Act, to consider a Taxicab Licensing by-law. The purpose of the meeting is to inform the public generally about the proposed Taxicab Licensing by-law and to solicit public input. Any person wishing to address Council with respect to this matter must contact the undersigned on or before noon of Friday, July 21, 2006 to register as a delegation. The Council will also consider any written submissions. Copies of the report and proposed by-law will be available on or after July 19, 2006 during regular business hours. Any comments or requests for further information regarding the proposed Taxicab Licensing by-law may be directed to the Manager, By-law Enforcement Services at 905.420.4660, ext. 2187. Dated at the City of Pickering this 5th day of July, 2006. Debi A. Bentley, CMO, CMM III City Clerk ATTAClfØTI d. TO RFfIIf#1 ! ~) i THE CORPORATION OF THE CITY OF PICKERING TAXICAB LICENSING BY-LAW WHEREAS section 150 of the Municipal Act, 2001 provides that a local municipality may license, regulate and govern any business wholly or partly carried on within the municipality; AND WHEREAS the City of Pickering wishes to license, regulate and govern taxicab businesses within the City. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Pickering enacts as follows: PART I-INTERPRETATION Definitions 1 In this by-law, "accessible taxicab" has the same meaning as in section 1 of Ontario Regulation 629; "accessible taxicab plate license" means a license issued by the City to permit the operation of a specific vehicle as an accessible taxicab; "accessible taxicab plate licensee" means a person to whom an accessible taxicab plate license has been issued; "affiliated" means under contract to provide dispatch services and "affiliation" has a corresponding meaning; "applicant" means a person applying for a license or a renewal of a license and "application" has a corresponding meaning; "authorized vehicle inspection station" means a place designated by the City to conduct vehicle safety inspections; "broker" means any person who carries on the business of accepting orders for, or dispatching in any manner to, two or more licensed taxicabs and "brokerage" has a corresponding meaning; Taxicab By-law No. PaQe 2 ·0' ,.... .! J. "brokerage license" means a license issued by the City to permit the operation of a brokerage; "CIR" means a Criminal Information Report containing the results of a search of the Canadian Police Information Centre that includes a list of all criminal convictions for which a pardon has not been received, all outstanding criminal charges, and the results of a vulnerable sector search; "City" means the geographical area of the City of Pickering or the Corporation of the City of Pickering, as the context requires; "City plate license" means a license issued by the City to permit the operation of a specific vehicle as a taxicab; "City plate licensee" means a person to whom a City plate license has been issued; "clean air cab" means a taxicab that meets specific clean air criteria established by Council; "clean air cab plate license" means a license issued by the City to permit the operation of a clean air cab; "clean air cab plate licensee" means a person to whom a clean air cab plate license has been issued; "Council" means the Council of the City; "dispatch" means to communicate orders or other information in any manner between a broker and a driver; "dispatcher" means a person who is in the employ of, or working under a contract with, a broker and whose duties include accepting orders and/or dispatching those orders to drivers; "driver" means a person licensed to operate a taxicab; "driver's abstract" means a Driver Record Search issued by the Ministry of Transportation; "dues" means any amount charged by a broker to a plate owner or a lessee to receive orders from the broker; "fare" means the total amount charged to a person for a trip in accordance with Schedule 2; "fender numbers" means permanent lettering representing the taxicab plate licensee's taxicab plate number of at least 15 cm in height, in a contrasting colour to the vehicle and affixed on both front fenders in a location approved by the City; ^~ ~.J.I Taxicab By-law No. Page 3 "industry participants" means plate owners, drivers, dispatchers, taxicab plate licensees, lessees and brokers; "issued" means issued or renewed by the City under this by-law and "issuance" has a corresponding meaning; "lease" means an agreement between a plate owner and a driver under which the plate owner authorizes the driver to use one or more owner plates for a fee; "lessee" means a driver who has entered into a lease; "license" means a taxicab driver's licence, taxicab plate license and/or brokerage license as the context requires; "licensed" means licensed under this by-law; "licensing officer" means a municipal law enforcement officer appointed by Council to administer and enforce this by-law; "limousine" means a vehicle that is kept or used for hire for the conveyance of persons solely on an hourly, daily or weekly basis, with a minimum fee or charge of not less than twenty-five dollars for a single conveyance, that does not contain a taxicab meter, roof light or two-way radio (or similar device); "maintenance log" means a log containing information relating to the repair of a taxicab including the vehicle information number of the taxicab, taxicab plate number, make, model and model year of the taxicab, the nature of the repair, the date of the repair, the name of the person performing the repair, and confirmation that the plate owner was notified of the repair; "mechanical defect" means damage to, or failure of a part, component or feature of, a vehicle; "model year" means the year of the vehicle noted on the Ontario Motor Vehicle Registration for the vehicle; "operate", when used in reference to a taxicab, includes driving the taxicab and making it available to the public in service as a taxicab and "operation" has a corresponding meaning; "order" except where the term is used in Parts XII and XIV, means a request for taxicab service received by a broker or a driver; "passenger" means any person other than the driver seated in a taxicab and includes any person engaging or attempting to engage the services of a taxicab; "person" means an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and the heirs, executors or legal representatives of the person to whom the context can apply according to law; Taxicab By-law No. PaQe 4 .I .... r , ~"\ !.' ..t_ v It "physically disabled person" has the same meaning as in section 1 of Ontario Regulation 629; "plate eligibility list" means the list of applicants for a City plate license maintained by the City; "plate owner" means a person who is the owner of a taxicab plate according to City records; "plate owner license" means a license issued by the City to a plate owner to permit the operation of a specific vehicle as a taxicab; "plate owner licensee" means a person to whom a plate owner license has been issued; "registered owner" means the owner of a vehicle according to the records maintained by the Registrar of Motor Vehicles for the Province of Ontario; "roof light" means an electronically illuminated roof sign that is securely attached to the top of the taxicab in a manner approved by the City that works in conjunction with the taxicab meter so that it is not illuminated when the meter is engaged and is illuminated when the head lights are on and the meter is in a vacant status; "tariff card" means a card issued by the City that shows the current fares as set out in Schedule 2; "taxicab" means any vehicle used for hire in the conveyance of persons from a place within the City to any point inside or outside of the City, but does not include a bus operated by Durham Region Transit or under license under the Public Vehicles Act, an ambulance, a funeral hearse, a limousine or a vehicle described in subsection 155(2) of the Municipal Act, 2001; "Taxicab Advisory Committee" means the committee of Council appointed to hear appeals under this by-law and make recommendations to Council regarding the regulation of the taxicab industry; "taxicab driver's license" means a license issued by the City to permit an individual to operate a taxicab; "taxicab examination log" means a log containing a record of all mechanical defects and all interior or exterior damage observed and recorded at the beginning and end of each driver's shift; "taxicab meter" means a measuring device approved by the City and used in a taxicab to calculate a fare; "taxicab plate" means a metal plate bearing the taxicab plate number assigned by the City; l1ixicab By-law No. Page 5 "taxicab plate license" means a plate owner license, City plate license, accessible taxicab plate license and/or a clean air cab plate license as the context requires; "taxicab plate licensee" means a person to whom a taxicab plate license has been issued; "trip" means the distance and time traveled or the distance and time to be traveled, measured from the time and point at which the passenger first enters the taxicab or when the taxicab meter is first engaged, to the time and point at which the passenger finally leaves the taxicab or the taxicab meter is disengaged; "trip sheet" means a record of the details of all trips made by a taxicab during each period of continuous operation (each shift) containing, (a) the name of the driver, the date and the taxicab plate number; (b) the time, location and destination of every trip made; and (c) the amount of the fare collected for each trip; and "vehicle" includes an automobile or any other device for the transportation of persons or goods propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act. 2 The following Schedules are attached to and form part of this by-law: Schedule 1 - FEES Schedule 2 - TARIFFS/RATES Schedule 3 - TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES 3 Unless otherwise specified, references in this by-law to Parts, sections, subsections, clauses and Schedules are references to Parts, sections, subsections, clauses and Schedules in this by-law. 4 If a court of competent jurisdiction declares any section, or any part of any section, of this by-law to be invalid, or to be of no force or effect, it is the intention of the City that every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law. 5 References in this by-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted. 6 This by-law shall be read with all changes in gender or number as the context requires. Taxicab By-law No. Page 6 "', 5- .!. ,j PART 11- PURPOSES 7 Council considers it necessary to license, regulate and govern industry participants for the following health and safety purposes: (a) to enhance and encourage safe maintenance and operational practices; (b) to ensure that only experienced, qualified and trustworthy industry participants are providing taxicab services; and (c) to promote accountability of industry participants for health and safety issues. 8 Council considers it necessary to license, regulate and govern industry participants for the following consumer protection purposes: (a) to enhance and encourage equal, fair and courteous treatment amongst industry participants and users of taxicab services; (b) to protect the property of passengers; (c) to ensure consistency in the application of fares; and (d) to promote accountability of industry participants for consumer protection. 9 Council considers it necessary to license, regulate and govern industry participants for the following nuisance control purposes: (a) to limit or mitigate unsightliness, unnecessary noise, nuisance or disruption for industry participants, users of taxicab services and the general public; and (b) to promote accountability of industry participants for nuisance control. PART III - APPLICATIONS Submission of Applications 10 Applications shall be completed and submitted on forms provided by the City. 11 When submitting an application, every applicant shall appear in person and shall provide all information requested by the City including current valid photo identification satisfactory to the City. 12 Every application shall be submitted with the applicable license fee specified in Schedule 1. 13 Receipt of an application and a license fee by the City shall not represent approval of the application nor shall it obligate the City to issue a license. ~. t" .J !. ,táxicab By-law No. Page 7 14 If an applicant is a partnership, the applicant shall file with the application a statutory declaration signed by all members of the partnership stating, (a) the full name of every partner and their address of ordinary residence; (b) the name or names under which the partnership carries on or intends to carry on business; (c) that the persons named are the only partners of the partnership; and (d) the mailing address for the partnership. 15 Every corporation applying for a license shall file with the application a copy of the corporation's articles of incorporation or other incorporating documents and a statutory declaration stating, (a) the full name of every shareholder and their address of ordinary residence; (b) the name or names under which the corporation carries on or intends to carry on business; (c) that the persons named are the only shareholders of the corporation; and (d) the mailing address for the corporation. Issuance of Licenses 16 A licensing officer may issue a license to an applicant only where all of the information and documents that the applicant is required to provide under this by- law have been provided and verified, and the license fee has been paid. Disq ualifications 17 A licensing officer shall refuse to issue a license if, (a) the applicant has been convicted of an offence, for which a pardon has not been granted, under Part V (Sexual Offences, Public Morals and Disorderly Conduct), Part VIII (Offences Against the Person and Reputation) or Part IX (Offences Against Rights of Property) of the Criminal Code of Canada or for the offence of careless driving under the Highway Traffic Act; (b) the applicant has submitted false information in support of the application; (c) the issuance of the license would contravene any of the provisions of this by-law; (d) the application is for a City plate license which, if issued, would exceed the maximum number of City plate licenses permitted under this by-law; Taxicab By-law No. PaQe 8 1.58 (e) the applicant fails to successfully complete any testing, training, educational or awareness program required by the City; or (f) the licensing officer has reasonable grounds to believe that the applicant will not operate in accordance with the law or with honesty and integrity. 18 The licensing officer may refuse to issue a license where the applicant has been convicted of a criminal offence other than those set out in clause 17(a) or an offence under the Controlled Drugs and Substances Act (Canada). PART IV - TAXICAB DRIVER'S LICENSES Obtaining a License 19 In addition to the requirements of Part III, every applicant for a taxicab driver's license shall submit to the City, (a) a certificate prepared by a duly qualified medical practitioner stating that the applicant is physically and mentally capable of performing the duties of a driver and is free from communicable diseases; (b) a current valid Class 'G' (minimum) driver's license issued by the Province of Ontario which is in good standing according to the records of the Ministry of Transportation; (c) a driver's abstract dated within 30 days of the date of application; (d) an original CIR dated within 30 days of the date of application; and (e) a letter of potential employment from the taxicab plate licensee or lessee for whom the applicant will be working as a driver. 20 Every applicant for a taxicab driver's license shall pose for an identification photograph to be attached to the taxicab driver's license. Testing and Training 21 (1) Every applicant for a taxicab driver's license shall successfully complete a taxicab driver training and testing program approved by the City, at the driver's expense, within a timeframe specified by the City. (2) The City may waive the requirement of subsection (1) if the applicant has successfully completed, (a) an approved training and testing program within five (5) years of the date of application; or 'i~xjcab By-law No. 1. ,): ¡ PaQe 9 an approved training and testing program more than 5 years prior to the date of application and completed a written test set by the City and received a mark of at least seventy-five percent (75%). 22 Where the City has concerns regarding a driver's conduct or performance as a result of a complaint or otherwise, the City may require such driver to appear before the Taxicab Advisory Committee and/or attend a testing and training program at the driver's expense. (b) Term of License 23 Every taxicab driver's license shall be valid for a period of two years from the date of issuance. Driver Duties 24 Every driver shall, (a) prior to and immediately upon completion of each shift, examine the taxicab for mechanical defects and interior and exterior damage, record the observations in the taxicab examination log, and report any mechanical defects or damage found to the taxicab plate licensee; (b) be civil, courteous, refrain from using profanity, and offer to assist any passenger when it is evident that the passenger is a disabled person or is in need of assistance; (c) give a passenger a receipt in a form approved by the City showing the driver's name, the taxicab plate number, the date and time of the trip, place of pick up, place of discharge and the fare charged when requested or whenever there is a dispute over the fare; (d) subject to section 25, and except when there is a previous order or engagement, serve the first person requiring the service of the taxicab at any place within the City, at any time of day or night, unless the person, (i) refuses to give their destination; (ii) is in the possession of an animal other than a medical aid animal; (iii) has not paid a previous fare; (iv) is, in the opinion of the driver, unable or unwilling to pay the fare and has been unable or unwilling to satisfy the driver that he has the funds to pay the fare; (v) is an individual covered in an amount of dirt or other material so excessive that if such individual is transported the interior of the taxicab would be left in an unclean state; Taxicab By-law No. Paqe 10 ·4 "~'\ ,,'''' 1.0 ¡ ¡ (vi) is intoxicated or disorderly; (vii) is eating or drinking any food or beverage; (viii) is a person under the age of 12 years who is not accompanied by an adult, or has not had the trip arranged by an adult; (ix) refuses to wear a seat belt; or (x) is intending to smoke in the vehicle; (e) punctually keep all appointments and not make any appointments if a previous engagement would prevent the driver from fulfilling it; (f) take due care of all property delivered or entrusted to them for conveyance or safekeeping; (g) immediately upon the termination of any hiring engagement, examine the interior of the taxicab for any property left in the taxicab; (h) immediately return all property or money left in a taxicab to the person owning the property or money, and, when the owner of the property or money cannot be found, deliver the property or money to the nearest police station; (i) take the most direct available route to the passenger's desired destination unless the passenger requests otherwise; (j) prepare trip sheets; (k) retain all trip sheets for at least three (3) months and make them available for inspection at the request of the City; (I) subject to paragraph (m), engage the taxicab meter only when the passenger enters the taxicab and keep it engaged throughout the trip; (m) be allowed to engage the taxicab meter before the passenger enters the taxicab only after the driver has notified the passenger of the arrival and has waited a reasonable time after the due time of the order; (n) at the conclusion of each trip, place the taxicab meter in the time off status and after payment place it in the vacant status; (0) keep in the taxicab a current street guide for the City and the surrounding vicinity; (p) turn off any radio, tape player or any other sound-producing mechanical device in the taxicab and turn down the volume on the two-way radio upon being requested to do so by any passenger, and having done so, leave Taxicab By-law No. PaQe 11 (q) such device in the off position or, if a two-way radio, turned down until termination of the trip with that passenger; and securely fasten all physically disabled persons, wheelchairs and any other passenger aids, including batteries, so that they are prevented from moving while the taxicab is in motion. , t' ! _I. d 1 25 When operating an accessible taxicab, every driver shall provide priority service to physically disabled persons at all times, regardless of prior requests for service from persons who are not physically disabled persons. 26 Every driver who has been convicted of an offence described in clause 17(a) shall, within five (5) calendar days of being so convicted, report that fact to the City. 27 The City may, at any time, require a driver to provide a CIR, a driver's abstract, or a certificate prepared by a duly qualified medical practitioner attesting as to whether or not the driver is fit to operate a taxicab. Restrictions 28 No person shall operate a taxicab unless he has been issued a taxicab driver's license. 29 No person shall permit a vehicle to be operated as a taxicab by anyone other than a driver. 30 No driver shall operate a taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate license for the vehicle. 31 No driver shall operate a taxicab unless it complies with all of the vehicle requirements set out in Part X. 32 No driver shall operate a taxicab with mechanical defects. 33 No driver shall display any sign, emblem, decal, ornament or advertisement on or in a taxicab except in accordance with this by-law. 34 No driver shall operate a taxicab unless the current tariff card, taxicab driver's license and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat. 35 No driver shall operate a taxicab with, (a) a greater number of passengers than seatbelts are available for; or (b) luggage or any object placed in, hung on or attached to the taxicab in such a manner as will obstruct the driver's view of the highway. -" 6 -- ;; ..!. {~, Taxicab By-law No. PaQe 12 36 No driver shall operate a taxicab for more than twelve (12) hours in any period of twenty-four (24) hours, or for any period which is more than five (5) consecutive h~urs at any time without a break of not less than twenty (20) consecutive minutes. 37 No driver shall operate a taxicab unless he is, (a) well-groomed; (b) neat and clean in personal appearance; and (c) dressed in pants (but not sweatpants or shorts) or skirt, shirt or blouse with a collar and shoes, all free from obvious wear or damage. 38 (1) In this section, "written contract" means written contract for taxicab services between a taxicab plate licensee and another person for a period of six months or more, at an agreed rate or charge. (2) No driver shall recover or receive any rate or charge from any passenger or persons who made use of his services which is greater than the fare set out in Schedule 2, other than a tip, gratuity or credit card service charge or pursuant to a written contract. 39 No driver shall, (a) take or consume any intoxicants or take, consume or have in their possession any alcohol, or drugs prohibited by the Controlled Drugs and Substances Act (Canada) while they are operating a taxicab; (b) use any tariff card other than that obtained from the City; (c) take on any additional passengers after the taxicab has departed with one or more passengers from anyone starting point except, (i) at the request of a passenger already in the taxicab; (ii) in an emergency situation; (iii) when operating a taxicab which is being used exclusively for the transportation of children to and from school; or (iv) when operating a taxicab which is being used pursuant to a prearranged contract for transportation of physically disabled persons; (d) permit a passenger to stand in the taxicab while the taxicab is in motion; (e) induce any person to engage his taxicab by any misleading or deceiving statement or representation to that person; -" t~ I ü.' Taxicab By-law No. PaQe 13 (f) make any charge for time lost through mechanical defects or inefficiency of the taxicab or the errors of the driver; (g) make any charge for the time elapsed due to early arrival of the taxicab in response to a call for the taxicab to arrive at a fixed time; (h) use or permit to be used a two-way radio or monitoring device in the taxicab which enables the transmission and/or reception of any frequency of a broker with whom the driver is not affiliated; (i) use any radio system, cell phone or telephone system to speak to anyone other than a dispatcher while a passenger is in the taxicab; U) speak in an obscene, foul, boisterous, racist, loud, threatening or abusive manner to any person, including a dispatcher, while operating a taxicab; (k) transport a child under the age of twelve years old in the front seat of the taxicab without first disengaging the front seat passenger air bag; (I) knowingly activate the emergency lights on a taxicab except where the driver believes that a threat exists of harm to any person or damage to, or loss of, any property; or (m) accept any order or request for service when the expenditure of money by the driver is required on behalf of the passenger. 40 When a driver uses a taxicab for transportation of passengers for no gain or reward or the taxicab is being tested or inspected, the driver shall remove the roof light from the taxicab and place the taxicab meter in a non-recording position. 41 If the destination of a trip extends beyond the City, the driver and the passenger may agree before the start of the trip to a flat rate, however, the taxicab meter must be in a recording position while the taxicab is within the limits of the City. PART V - TAXICAB PLATE LICENSES Obtaining a License 42 In addition to the requirements of Part III, every applicant for a taxicab plate license shall, (a) submit to the City a copy of the current Provincial permit for the vehicle to which the taxicab plate will be attached in good standing with the plate portion endorsed with a plate owner's or a lessee's name; (b) submit to the City a copy of the current Ontario Standard Automobile Insurance policy for the vehicle to which the taxicab plate will be attached, which policy shall provide that the City shall be given at least fifteen (15) Taxicab By-law No. PaQe 14 is!} days notice in writing prior to cancellation, expiration or change in the amount of the policy and shall provide insurance in respect of anyone accident a third party liability limit of at least two million dollars ($2,000,000.00); (c) submit to the City a current Safety Standard Certificate issued by an authorized vehicle inspection station for the vehicle to which the taxicab plate will be attached; (d) pay all fines, penalties, judgments and any other amounts, including awards of legal costs and disbursements, owing to the City; and (e) submit to the City the vehicle to which the taxicab plate is to be attached for inspection and registration by the City. Term of License 43 Every taxicab plate license shall be valid up to and including December 31st in the year for which it was issued. Taxicab Plate Licensee Duties 44 Every taxicab plate licensee shall file with the City at least five (5) working days prior to the expiry date of any current insurance policy all insurance renewal policies or certificates of insurance evidencing continued compliance with the requirements of clause 42(b). 45 (1) Every taxicab plate licensee shall maintain each taxicab in operation not less than thirty-five (35) hours per week for a period of not less than 44 weeks per year. (2) After receiving a written request, the Taxicab Advisory Committee shall make a recommendation to Council and Council may permit a taxicab to be operated less than 44 weeks per year. 46 Every taxicab plate licensee shall, (a) keep at all times in the taxicab for which the licence has been issued, a copy of, (i) the current Ontario Ministry of Transportation passenger motor vehicle permit issued for that taxicab; (ii) the current taxicab plate license; (iii) the certificate of liability insurance for the taxicab; and (iv) a taxicab examination log recorded by all drivers of that taxicab within the immediately preceding three (3) months; .. ç, " -' i-~xicab By-law No. PaQe 15 (b) employ or use only the services of licensed drivers; (c) provide the City and, where applicable, any broker with whom they are affiliated, with the names of all drivers who are permitted to operate the taxicab; (d) repair any mechanical defects in the taxicab reported to them by a driver or the City; (e) when a taxicab is not expected to be operated for more than five (5) consecutive days, notify the City of the reason within 3 days of the temporary halt in operation and prior to resuming operation of the taxicab, upon request of the City, provide a Safety Standard Certificate issued by an authorized vehicle inspection station; (f) upon receipt of a notice of inspection from the City, obtain a current Safety Standard Certificate issued by an authorized vehicle inspection station and make the taxicab available for inspection at the appointed time and place specified in the notice; (g) ensure that a copy of the current tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat; and (h) maintain in the taxicab a maintenance log of all maintenance and repairs performed on the taxicab within the immediately preceding six (6) months. 47 (1 ) Every taxicab plate licensee shall maintain the taxicab in good condition at all times. (2) Without limiting the generality of subsection (1), every taxicab plate licensee shall maintain all drive train components (including the engine, transmission, suspension and braking system) in accordance with the standards of Ontario Regulation 611 and maintain all factory and after- market parts free of defects or damage. Restrictions 48 No person shall permit a vehicle to be operated as a taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate license for the vehicle. 49 No person shall publish or cause to be published any representation that he is licensed or hold himself out as being licensed if he is not licensed. 50 No taxicab plate licensee shall permit a taxicab to be operated unless it complies with all of the vehicle requirements set out in Part X. 51 No taxicab plate licensee shall permit a taxicab to be operated with mechanical defects. Taxicab By-law No. PaQe 16 16G 52 No taxicab plate licensee shall permit a taxicab to be operated with any sign, emblem, decal, ornament or advertisement displayed on or in a taxicab except in accordance with this by-law. 53 No taxicab plate licensee shall permit a taxicab to be operated unless the current tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat. 54 No taxicab plate licensee shall permit a taxicab to be operated in affiliation with a broker who is not licensed. Vehicle Registration 55 Prior to using any vehicle as a taxicab, every taxicab plate licensee shall submit the vehicle to the City for inspection and registration. 56 No vehicle shall be registered as a taxicab unless it meets all of the requirements of Part X. 57 Where a taxicab plate licensee wishes to change the vehicle to which the taxicab plate is affixed, he shall submit the new vehicle for inspection and, upon registration of the new vehicle, shall pay the fee set out in Schedule 1. Temporary Vehicle Change 58 Where a taxicab cannot be operated because of a mechanical defect or damage, a taxicab plate licensee may, for a temporary period not exceeding 28 consecutive days, affix a taxicab plate to an unregistered vehicle provided, (a) the vehicle meets all of the requirements of Part X; (b) a valid Safety Standard Certificate not more than six months old for that vehicle is on file with the licensing officer; and (c) the vehicle has passed the most recent inspection by the City. 59 (1) The taxicab plate licensee shall notify the City immediately upon commencement of its use of a replacement taxicab and shall notify the City which taxicab it is replacing and confirm that the taxicab plate of the replaced taxicab has been affixed to the replacement taxicab. (2) Notice under subsection (1) may be provided by depositing written notification in the City Hall after hours mail deposit box or by facsimile transmission to the City if the replacement taxicab is to be used when the City is not open for business. 60 The taxicab plate licensee shall notify the City immediately upon the return to service of the replaced taxicab and shall confirm that the taxicab plate has been reaffixed to the formerly replaced taxicab. i C' -' ,j Taxicab By-law No. PaQe 17 61 (1) Where the taxicab plate to be affixed to a replacement taxicab is an accessible taxicab plate, the replacement taxicab shall be an accessible taxicab. (2) Where the taxicab plate to be affixed to a replacement taxicab is a clean air cab plate, the replacement taxicab shall be a clean air cab. Limitation on Number of Licenses 62 The City recognizes a total of seventy-four (74) taxicab plates as having been issued under By-law No. 2206/86, three (3) of which are accessible taxicab plates. 63 (1) The total number of taxicab plate licenses issued at any given time shall not exceed 74 or the number established by the ratio of one license for each 1,500 residents of the City, whichever is greater. (2) For the purposes of subsection (1), the number of residents of the City shall be as determined by the latest revised population figures available from Statistics Canada (annual estimates and the five-year actuals). (3) The City may issue new City plate licenses within three months of receipt of the population statistics from Statistics Canada if warranted under subsection (1). (4) Council may issue up to three (3) clean air cab plate licenses in addition to the licenses permitted by subsection (1). PART VI - PLATE OWNERS Transfer of Plate Ownership 64 No plate owner shall transfer, sell or otherwise dispose of a taxicab plate without the approval of the City. 65 The City shall not approve the transfer or sale of a taxicab plate unless the plate owner, (a) attends in person accompanied by the purchaser to complete and file with the City a plate ownership transfer form and declaration; (b) provides a fully executed contract of sale for the taxicab plate; (c) returns to the City the taxicab plate that is being transferred; and (d) pays the fee set out in Schedule 1. Taxicab By-law No. Page 18 168 66 When the plate owner is a corporation and at least 51 percent of the voting rights attached to all shares of that corporation are sold or otherwise disposed of, the plate shall be deemed to have been transferred. Operation/Transfer of a Plate by an Estate 67 Within ninety (90) days following the death of a natural person who is a plate owner, the executor or administrator of the estate shall file with the City proof of death of the natural person and proof of the executor's or administrator's capacity. 68 The executor or administrator may continue to hold the deceased's plates for a period of up to one (1) year following the date of death and may operate a taxicab or permit a taxicab to be operated with the deceased's plates attached provided all of the requirements of this by-law are complied with during such time. 69 (1) Where the executor or administrator cannot transfer the deceased's plates within one (1) year following the date of death, the executor or administrator may apply to Council and Council may, having regard to the matters set out in section 150, permit the executor or administrator to continue to operate the taxicab or permit the taxicab to be operated with the deceased's plates attached for such further period of time as Council deems appropriate. (2) If the executor or administrator does not or cannot transfer the deceased's plates within one (1) year following the date of death, or within such further period of time as prescribed by Council pursuant to subsection (1), whichever is later, the deceased's plates shall be deemed to be cancelled and shall be returned to the City. Leases 70 (1) No plate owner shall permit a taxicab that the plate owner does not own to be operated using a plate owner's taxicab plate except under the authority of a lease that meets the requirements of this section. (2) Copies of all leases shall be filed with the City. (3) The name of the lessee shall be endorsed on the plate portion of the Provincial Motor Vehicle Permit for the vehicle, a copy of which shall be submitted to the City. (4) Leases shall be for a period of not less than one (1) year an not more than three (3) years. 71 No lessee shall operate a taxicab except under the authority of a lease that meets the requirements of section 70. 72 No lessee may sublease a lease. 3 Th~cab By-law No. Page 19 PART VII- CITY PLATES Obtaining a License 73 In addition to the requirements of Part III and Part V, every applicant for a City plate licence shall meet the requirements of this Part. 74 All taxicab plates issued to City plate licensees shall remain the property of the City. Plate Eligibility List 75 The City shall maintain a plate eligibility list that contains the names of applicants for a City plate license in the order of the receipt of their application. 76 No person, by virtue of the submission of an application for a City plate license or by virtue of the placing of his name on the plate eligibility list, shall obtain a vested right to a City plate license, or to remain on the plate eligibility list. 77 The City shall issue City plate licenses as they become available to persons in the order in which their names appear on the plate eligibility list. 78 (1) No applicant for a City plate license shall have his name placed on the plate eligibility list unless, for an average of at least thirty-five (35) hours per week during at least forty-four (44) weeks per year during the twenty- four (24) months immediately preceding the date of application, the applicant has, (a) held a taxicab driver's license or a similar licence by another municipality; (b) held a taxicab plate license or a similar license by another municipality; (c) held a brokerage license or a similar license by another municipality; or (d) been employed by a broker in the City or any other municipality. (2) No applicant for a City plate license shall have his name maintained on the plate eligibility list unless, for an average of at least thirty-five (35) hours per week during at least forty-four (44) weeks per year during the immediately preceding twenty-four (24) month period, the applicant has, (a) held a taxicab driver's license or a similar licence by another municipality; (b) held a taxicab plate license or a similar license by another municipality; Taxicab By-law No. Page 20 1'70 (c) held a brokerage license or a similar license by another municipality; or (d) been employed by a broker in the City or any other municipality. (3) The forty-four (44) week requirement in subsections (1) and (2) may be satisfied in isolation or through any combination of clauses (a), (b), (c) and (d). (4) All persons whose names appeared on the waiting list maintained under By-law 2206/86 shall have their names maintained on the plate eligibility list if they meet the requirements of subsection (2). (5) Where on account of disability a person has become unable to drive a taxicab or to continue employment with a broker, he shall be deemed to have complied with subsection (2) notwithstanding his continued inability to drive or be employed, throughout the period of disability if, (a) immediately prior to the occurrence or onset of the disability he complied with subsection (2); and (b) as soon as reasonably possible after the occurrence or onset of the disability, he files with the City a certificate from a duly qualified medical practitioner confirming the disability, and, if applicable, the date on which the disability ended. (6) The City shall review the plate eligibility list annually to determine whether those persons listed on it continue to comply with the requirements of subsection (2). (7) (a) Once each year every person whose name appears on the plate eligibility list shall complete and return to the City, within thirty (30) days following the date of receipt of notice from the City, a statutory declaration in a form provided by the City evidencing compliance with subsection (2). (b) Persons who fail to comply with clause (a) shall have their names removed from the plate eligibility list. (8) Any person whose name is on the plate eligibility list and who no longer complies with subsection (2) shall have his name removed from the plate eligibility list. (9) The City shall give notice to any person whose name is removed from the plate eligibility list. 79 No person shall hold more than one position on the plate eligibility list at anyone time. ~'71 Taxicab By-law No. PaQe 21 80 The plate eligibility list shall be available for inspection during normal business hours of the City. Registration 81 When a City plate license is approved, the applicant shall, within 30 days of the date of notification of such approval, register a taxicab to that taxicab plate and affix the taxicab plate to that taxicab, failing which, the applicant shall not be issued the City plate license, the applicant's name shall be removed from the plate eligibility list, and the City may proceed to issue the City plate license to another eligible applicant. PART VIII- ACCESSIBLE TAXICABS Obtaining a License 82 In addition to the requirements of Part III and Part V, prior to the issuance of an accessible taxicab plate license, the applicant shall provide the City with a current Safety Standard Certificate issued by an authorized vehicle inspection station showing that the vehicle to which the accessible taxicab plate will be attached meets the requirements for an accessible taxicab as set out in Ontario Regulation 629. Accessible Taxicab Plate Licensee Duty 83 Every accessible taxicab plate licensee shall ensure that the taxicab is in compliance with Ontario Regulation 629 at all times during operation of that taxicab. Restrictions 84 No person shall operate a vehicle as an accessible taxicab without an accessible taxicab plate affixed to the rear of the vehicle and an accessible taxicab plate license for the vehicle. 85 No person shall permit a vehicle to be operated as an accessible taxicab without an accessible taxicab plate affixed to the rear of the vehicle and an accessible taxicab plate license for the vehicle. PART IX - CLEAN AIR CABS Obtaining a License 86 In addition to the requirements of Part III and Part V, applicants for clean air cab plate licenses shall meet the requirements of this Part. 87 Council may issue clean air cab plate licenses without regard to the plate eligibility list. '" '7r'\ 1. L Taxicab By-law No. Page 22 88 Clean air cab plate licenses shall be issued to applicants selected through requests for proposals submitted to the City's Supply & Services Division in accordance with terms established by the City. 89 All plates issued to clean air cab plate licensees shall remain the property of the City. 90 Clean air cab plates are held by clean air cab plate licensees at the pleasure of Council and may be revoked by the City, without cause, following a period of three (3) years from the date of issuance, and upon revocation, shall revert to the City without compensation to the clean air cab plate licensee. Restrictions 91 Notwithstanding any other provision of this by-law, clean air cab plate licenses shall not be transferred, leased or otherwise disposed of by the clean air cab plate licensee. 92 Clean air cab plate licenses may only be used by clean air cab plate licensees and one alternate driver whose name has been provided to the City in advance of any such use. 93 Notwithstanding section 96, any vehicle operated under a clean air cab plate license shall be of a model year no older than three years. 94 No person shall operate a vehicle as a clean air cab without a clean air cab plate affixed to the rear of the vehicle and a clean air cab plate license for the vehicle. 95 No person shall permit a vehicle to be operated as a clean air cab without a clean air cab plate affixed to the rear of the vehicle and a clean air cab plate license for the vehicle. PART X - VEHICLE REQUIREMENTS Model Year Restrictions 96 No vehicle more than seven (7) years old according to its model year may be registered for the first time as a taxicab under this by-law. (2) No vehicle more than ten (10) years old according to its model year shall be used as a taxicab in the City. (1 ) (3) The requirements of this section shall not apply to a vehicle if, (a) as of January 1, 2007, the vehicle to be registered for the first time as a taxicab is of a model year 1996 or newer, or is an existing taxicab of a model year 1994 or newer; ~~'73 ~- Taxicab By-law No. PaQe 23 (b) as of January 1, 2008, any vehicle to be registered for the first time as a taxicab shall be of a model year 1998 or newer, or is an existing taxicab of a model year 1996 or newer; or (c) as of January 1, 2009, any vehicle to be registered for the first time as a taxicab shall be of a model year 2000 or newer, or is an existing taxicab of a model year 1998 or newer. (4) Commencing on January 1, 2010, subsections (1) and (2) shall apply to all taxicabs. Vehicle Standards 97 Every taxicab shall be equipped with, (a) two (2) emergency lights conforming to the following standards: (i) equipped with an intermittent flasher to continuously flash until reset or disengaged; (ii) amber in colour; (iii) minimum of 5 centimetres in diameter; (iv) shock resistant; (v) wired on a circuit independent from all other equipment in or on the taxicab; (vi) visible, upon activation, from the front and rear of the taxicab from a distance no less than 15 metres during daylight and evening hours; (vii) installed at opposite ends of the taxicab with one facing toward the front of the taxicab and one facing to the rear of the taxicab; and (viii) situated such that the lights, when activated, are not visible to occupants of the taxicab; (b) a silent activation switch to activate the emergency lights; (c) an illuminated activation switch for the emergency lights located in the trunk of the taxicab located out of plain view, and protected from accidental activation; (d) a reset/disengage switch for the emergency lights located only in the trunk of the taxicab, located out of plain view, that remains illuminated so long as the emergency lights are activated; (e) an emergency alert system incorporated with a two-way radio system; Taxicab By-law No. PaQe 24 1114 (f) a heater and an air conditioning system in proper working condition; (g) an extra tire, wheel and jack ready for use for that taxicab, fender numbers, and properly functioning roof light; (h) clear untinted glass windows, except such tint as is approved by the City; and (i) a taxicab meter that, (i) has been calibrated to reflect the current fares; (ii) is in proper working order with the meter seal properly affixed; and (iii) has been tested and sealed by a licensing officer and mounted in a position so that it is clearly visible to passengers in the front and back seats of the taxicab. 98 Notwithstanding clause 97(i)(iii), when a licensing officer is not available to test or seal a taxicab meter as required, the taxicab plate licensee or driver who has had a taxicab meter altered, repaired or replaced may operate the taxicab in which the taxicab meter is installed for a period up to seventy-two (72) hours provided that, (a) the driver has in their possession a receipt for the repair or installation of the taxicab meter from a recognized taxicab meter service provider; (b) the receipt is signed by the person who made the repairs or installation; (c) the receipt sets out the date, time and nature of the repair or installation; and (d) the licensing officer has been notified that the repair has been made. 99 All taxicab equipment shall be of a type approved by a licensing officer and shall be installed in locations approved by a licensing officer. 100 Every taxicab shall meet the standards for the issuance of a Safety Standard Certificate of mechanical fitness and be in compliance with the Ontario Drive Clean program. 101 The interior of every taxicab, including the trunk, shall be, (a) free of all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred onto the person, clothing or possessions of a passenger; (b) free of all waste paper, cans, garbage or any other item not intrinsic to the operation of the taxicab; ~_7:') Taxicab By-law No. Page 25 (c) free of noxious substances; (d) free of tears and cigarette burns in the upholstery; (e) dry; (f) in good repair; and (g) capable of accommodating a wheelchair, walker, or similar device used to aid physically disabled persons. 102 The exterior of every taxicab shall, (a) be free of all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred onto the person, clothing or possessions of a passenger, except water or snow; (b) be in good repair; (c) be free from body damage; (d) have a well maintained exterior paint finish; and (e) have four matching hubcaps or wheels. 103 Every taxicab shall be a four (4) door sedan or wagon with two rear passenger doors and a rear seat width of at least 137 centimetres from inside door to inside door or be a van equipped with four side doors. PART XI- BROKERAGE LICENSES Obtaining a License 104 In addition to the requirements of Part III, every applicant for a brokerage license shall submit to the City evidence of an affiliation with at least two taxicab plate licensees and/or lessees. Term of License 105 Every brokerage license shall be valid up to and including December 31 st in the year for which it was issued. Broker Duties 106 Every broker shall, (a) provide the City with a list, showing in numerical order by taxicab plate number, the name of every driver operating any taxicab with which he has entered into an arrangement for the provision of taxicab brokerage services; ~ '76 Taxicab By-law No. Page 26 (b) notify the City within ten (10) days of any additions to or deletions from the list provided under subsection (a); (c) prepare and retain for a period of at least six months a record of the time and date of each dispatch, the driver to whom the order was dispatched, the taxicab plate number, the pickup location and the destination; (d) carry on the brokerage twenty-four (24) hours a day; (e) upon request, inform any person requesting taxicab service of the anticipated length of time required for a taxicab to arrive at the pickup location; (f) when volume of business is such that service will be delayed to any person requesting taxicab service, inform the person of the approximate time of the delay before accepting the order; (g) dispatch a taxicab to any person requesting service within the City unless the person requesting service has not paid for a previous trip; (h) carry on business only in the name in which the broker is licensed; (i) where the broker dispatches to accessible taxicabs, and service is requested by a disabled person, provide priority service for such person, but subject to prior requests for service by other disabled persons; 0) promptly investigate any complaint brought to the broker's attention by a licensing officer against any driver or taxicab plate licensee and report the findings to the licensing officer and any action taken; (k) prepare and file with the City a list of the brokerage's rules and procedures; (I) display the brokerage's rules and procedures prominently in the brokerage's offices; (m) abide by the brokerage's rules and procedures; (n) at the request of a licensing officer, not dispatch calls to any taxicab until further notification; (0) at the request of a licensing officer, provide a record showing the number of taxicabs available for service on any particular day, the time(s) when each taxicab was available for service, and the calls dispatched to each taxicab; (p) employ or use only the services of a taxicab plate licensee or a driver; and (q) maintain an affiliation with at least two taxicab plate licensees and/or lessees. 1.'7'7 Taxicab By-law No. Page 27 Broker Restrictions 107 No broker shall, (a) dispatch to an unlicensed taxicab or an unlicensed driver; (b) permit any person to use obscene, boisterous, loud, threatening, abusive, foul or racist language while dispatching; (c) implement any changes in the rules and procedures outlined in clause 106(1) until the proposed change is filed with the City and displayed prominently in the broker's office; (d) accept orders for a parcel delivery unless the driver agrees to take the order; (e) require any driver to accept any order requiring the expenditure of money by the driver on behalf of the customer; (f) make any charge or financial demand, directly or indirectly, of a taxicab plate licensee or lessee, other than dues; or (g) dispatch to a taxicab which is not on the list provided under clause 106(a). 108 No person shall carry on business as a broker in the City unless he has been issued a brokerage license. PART XII-INSPECTIONS and ORDERS Rights of Inspection 109 The City shall inspect all taxicabs concurrently with the issuance of any taxicab plate license. 110 A licensing officer may, at any time when a taxicab is not engaged in the transportation of passengers, enter and inspect the taxicab. 111 Every taxicab plate licensee, lessee or driver shall submit or cause his taxicab to be submitted for inspection when required to do so by a licensing officer. 112 A licensing officer may require that a taxicab plate licensee, lessee or driver submit his taxicab for inspection at an appointed time and place provided notice of the required inspection is given. 113 Nothing in this section shall prevent the removal of any personal property from a taxicab prior to an inspection. 1'78 Taxicab By-law No. Page 28 114 (1) A licensing officer may require from any person the production of any license, permit, log, invoice, voucher, appointment book, trip sheet or any other document in order to ensure compliance with this by-law. (2) A licensing officer may remove any of the documents referred to in subsection (1) for the purpose of photocopying provided a receipt is given and the documents are returned within forty-eight (48) hours of removal. 115 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection of a taxicab by a licensing officer or the collection of information by a licensing officer. Orders 116 Where a licensing officer finds that a taxicab does not comply with any of the vehicle requirements set out in Part X, he may order the taxicab plate licensee, driver and/or lessee of the taxicab to remedy the non-compliance. 117 All orders shall provide, (a) the taxicab plate number of the taxicab; (b) reasonable particulars of the non-compliance; (c) the date by which the non-compliance must be remedied; and (d) the final date for appealing the order. 118 All orders shall be served in the manner set out in section 163. 119 (1) If an order is not complied with by the date specified in the order, the taxicab plate license in respect of that taxicab shall be suspended as of 12:00 a.m. on that date, and shall only be reinstated if the City receives satisfactory evidence of compliance. (2) Where a taxicab plate license has been suspended under subsection (1), and where no satisfactory evidence of compliance is filed with the City within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 120 No person shall fail to comply with an order. Unsafe Taxicabs 121 (1) Where a taxicab is in a condition that poses a danger to the health or safety of the public, a licensing officer may take custody of the taxicab plate affixed to the taxicab, cut the seal on the taxicab meter, and order that the taxicab be immediately removed from service. i 7:,,\ Taxicab By-law No. PaQe 29 (2) An order issued under subsection (1) may require the taxicab plate licensee, driver or lessee or to have the taxicab towed to a place of repair or other private property at his expense. (3) If an order has been issued pursuant to subsection (1), no person shall operate or permit the operation of that taxicab until the danger has been removed, the taxicab has been inspected by a licensing officer and the taxicab meter has been resealed. PART XIII- SUSPENSIONS, CANCELLATIONS and REVOCATIONS Taxicab Driver's Licenses 122 A licensing officer may suspend or revoke a taxicab driver's license if the driver fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. 123 (1) When a driver has had his Ontario Driver's License suspended, cancelled or revoked, the driver shall immediately report that fact to the City and the taxicab driver's license shall be deemed to be suspended as of the date of such suspension, cancellation or revocation. (2) A taxicab driver's license that has been suspended under subsection (1) shall not be reinstated unless the City receives written confirmation that the Ontario Driver's License has been reinstated. (3) If the City does not receive written confirmation that the Ontario Driver's License has been reinstated within sixty (60) days from the date of the suspension, the taxicab driver's license shall be revoked. Taxicab Plate Licenses 124 A licensing officer may suspend or revoke a taxicab plate license if the taxicab plate licensee fails to comply with any provision of this by-law and such non- compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. 125 (1) When a taxicab plate licensee ceases to have a current valid Ontario Standard Automobile Insurance Policy in good standing, his taxicab plate license shall be suspended as of the date on which such policy ceased to be in effect. (2) A taxicab plate license that has been suspended under subsection (1) shall not be reinstated unless the City receives written confirmation that the insurance required by clause 42(b) is in place. 130 Taxicab By-law No. PaQe 30 (3) If the City does not receive written confirmation that the necessary insurance is in place within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 126 (1) A licensing officer may demand that a taxicab plate licensee or lessee file a current Safety Standard Certificate issued by an authorized vehicle inspection station for any taxicab registered to him, dated not prior to the date of demand and may suspend a taxicab plate license until the certificate has been filed. (2) Where the licensing officer demands a Safety Standard Certificate pursuant to subsection (1), the taxicab plate licensee shall provide it within (3) three days. (3) Where a taxicab plate license has been suspended under subsection (1), and where no certificate is filed with the City within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 127 A licensing officer shall revoke a clean air cab plate license if the clean air cab plate licensee is deceased or is no longer a driver. Brokers 128 A licensing officer may suspended or revoke a brokerage license if the broker fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. General 129 The City may cancel any taxicab driver's license, taxicab plate license or brokerage license at any time upon the written request of the driver, taxicab plate licensee or broker, as the case may be. 130 (1) When a taxicab driver's license, taxicab plate license or brokerage license has been suspended, cancelled or revoked, the holder of the license shall return it and, if applicable, the taxicab plate to the City within forty-eight (48) hours of the suspension, cancellation or revocation. (2) A licensing officer may enter upon any business premises or into the taxicab of any licensee whose license has been suspended, cancelled or revoked for the purpose of removing the license and, if applicable, the taxicab plate. 131 No person shall refuse to deliver or in any way obstruct or prevent a licensing officer from obtaining a license that has been suspended, cancelled or revoked. 132 No person shall operate a taxicab or permit the operation of a taxicab by a driver whose taxicab driver's license has been suspended, cancelled or revoked. -\ is 1 Taxicab By-law No. Page 31 133 No person shall operate a taxicab or permit the operation of a taxicab in respect of which the taxicab plate license has been suspended, cancelled or revoked. 134 No person shall operate a brokerage in respect of which the brokerage license has been suspended, cancelled or revoked. PART XIV - APPEALS Appeal Rights 135 Applicants may appeal a licensing officer's refusal to issue a license. 136 A person whose name has been removed from the plate eligibility list pursuant to subsection 78(8) may appeal the decision. 137 A driver whose taxicab driver's license has been suspended or revoked pursuant to section 122 may appeal the decision. 138 A taxicab plate licensee whose taxicab plate license has been suspended or revoked pursuant to section 124 may appeal the decision. 139 Persons to whom an order under section 116 has been directed may appeal the order. Filing of Appeal 140 All appeals must be submitted to the City Clerk within fourteen (14) days of the date of the decision or order being appealed. 141 All appeals shall be in writing and shall include, (a) the reason(s) for the appeal; (b) an identification of the appellant and any other party; (c) the name of any agent, representative or lawyer representing the applicant; (d) the municipal addresses, telephone numbers, facsimile numbers and email addresses for each person identified in clauses (b) and (c); and (e) the appeal fee set out in Schedule 1. Effect of Appeal 142 Until such time as Council has made a decision respecting the appeal, the decision or order being appealed shall be stayed. .f 8.ì ~- (. Taxicab By-law No. PaQe 32 Hearing 143 The Taxicab Advisory Committee shall hear all appeals under this by-law. 144 Upon receipt of an appeal, the City Clerk shall, as soon as is practicable, notify the appellant and all other parties of the date, time and location of the hearing. 145 All hearings before the Taxicab Advisory Committee shall be conducted in accordance with Rules of Procedure approved by Council. 146 Following a hearing, the Taxicab Advisory Committee shall, as soon as is practicable, make a written recommendation to Council with reasons, after which Council shall make its decision. 147 If an appellant fails to appear at a hearing, the decision or order appealed shall be deemed to be in full force and effect as if no appeal had been filed. Council Powers 148 On an appeal, Council may make any decision that the licensing officer could have made and may make its decision subject to such conditions as it considers advisable. 149 When making its decision on appeals, Council shall have regard to the following matters (where applicable): (a) the purposes of this by-law as set out in Part II; (b) the matters set out in section 17; (c) the appellant's record of complying or not complying with any of the provisions of this by-law or any condition imposed on a license; (d) any convictions of the appellant or any outstanding charges against the appellant under any provincial or federal statute or regulation including the Criminal Code of Canada and the Controlled Drugs and Substances Act (Canada); (e) the results of any testing, training, educational or awareness program completed or not completed by the appellant; and (f) any other thing or matter that may affect the appellant's ability to hold a license. 150 The decision of Council on an appeal shall be final and binding. 151 Notice of the decision of Council shall be given to the appellant and any other person present at the hearing. 152 Council's decision shall take effect on the day that it is made. 1.87~ Taxicab By-law No. PaQe 33 PART XV - OFFENCES I PENALTIES 153 (1) Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and, subject to subsection (2), upon conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed on the corporation is $50,000. 154 No person shall make a false or intentionally misleading recital of fact, statement or representation in any statutory declaration, application or other document required by this by-law. PART XVI- GENERAL Plate Replacement 155 When a taxicab plate is defaced, destroyed or lost, the taxicab plate licensee shall apply to the City for a replacement and shall pay the appropriate fee under Schedule 1 within 14 calendar days of the damage, loss or destruction. 156 Where the taxicab plate is lost or destroyed, the taxicab plate licensee shall file a police report detailing the circumstances of the loss or destruction and the City shall issue a replacement plate. Compliance with Other Laws 157 In addition to every other requirement imposed by this by-law, every license is issued subject to the condition that all federal, provincial and municipal laws, by- laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to the operation of the business so licensed must be complied with. Changes 158 When a licensee changes his name or address or any information relating to his license, he shall notify the City within forty-eight (48) hours of the change and shall return the license immediately to the City for amendment. 159 Where there is to be a change in the composition of a licensed partnership, the proposed change must be registered with the City. 160 Where there is to be a change in the composition or the controlling interest of a licensed corporation, the proposed change must be registered with the City. 184 Taxicab By-law No. PaQe 34 Fees 161 Persons receiving a service listed in Schedule 1 shall pay the fee set out in Schedule 1 for that service. Fare Adjustments 162 The fares set out in Schedule 2 shall be reviewed annually by the Taxicab Advisory Committee to determine whether to recommend a change to Council. Notice 163 Any notice required to be given under this by-law or any order served under Part XII shall be in writing and shall be sufficiently given or served if delivered in person or sent by registered mail to the last address on file with the City. 164 Each notice given or order served shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed, as the case may be, whether or not it is actually received. Repeal 165 By-law No. 2206/86 is repealed. 166 By-law No. 6595/05 respecting fees is amended to reflect the fees set out in Schedule 1. Short Title 167 This by-law may be cited as the Taxicab Licensing By-law. Effective Date 168 This by-law shall come into effect on January 1,2007. BY-LAW read a first, second and third time and finally passed this _ day of ,2006. David Ryan, Mayor Debi A. Bentley, City Clerk \ J..8S Taxicab By-law No. PaQe 35 SCHEDULE 1 FEES LICENSE FEES (a) Plate owner license (one year) $ 250.00 (b) Brokerage license (one year) 150.00 (c) Taxicab driver's license (two years) 100.00 (d) Clean air cab plate license (one year) 1,000.00 (e) Plate owner license - vehicle that meets the requirements of a clean air cab (one year) 125.00 (f) City plate license (one year) 2,000.00 OTHER FEES (g) Transfer of plate owner's plate $ 500.00 (h) Driver testing and training program (exclusive of CPR) 275.00 (i) First Aid/CPR Certificate 75.00 0) Filing an appeal 75.00 (k) Replacement of taxicab driver's license 20.00 (I) Replacement of taxicab plates 25.00 (m) Replacement of each tariff card/Passenger Rights & Responsibilities 10.00 (n) Change of registered vehicle 100.00 (0) Re-inspection without taxicab meter 20.00 (p) Re-inspection with taxicab meter 35.00 (q) Lease filing 50.00 (r) Late Cancellation/No Show for Inspection 15.00 (s) Plate eligibility list application (every year) 20.00 Taxicab By-law No. J_8ß PaQe 36 SCHEDULE 2 TARIFFS/FARES 1. 2. For the first one-eighteenth kilometer or part thereof For each additional one-eighteenth kilometer or part thereof $2.75 (incl. GST) 3. For waiting time while under engagement, per minute $0.10 (incl. GST) $0.40 (incl. GST) Taxicab By-law No. PaQe 37 tSi SCHEDULE 3 TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES Taxicab passengers in Pickering are entitled to a professional driver who, · is licensed by the City of Pickering and prominently displays his/her taxicab driver license inside the taxicab; knows the major routes and destinations in the City; is well-groomed, neat and clean in personal appearance; · is courteous and provides assistance; provides a safe ride; knows and obeys all City by-laws and all traffic laws; · offers a silent ride if desired; takes the most direct route to the destination unless otherwise directed by the passenger; keeps the interior of the taxicab clean and free of debris; and · issues a receipt upon request noting the date and time of the trip, place of pick up, place of discharge, taxicab plate number, driver name, Provincial plate number and the fare paid. Taxicab passengers in Pickering are entitled to a quality taxicab, in good mechanical and physical condition; · with a properly calibrated and sealed taxicab meter; · with a clean exterior, passenger area and trunk; · that is heated or air conditioned on demand; and · that is smoke-free. Taxicab passengers in Pickering, · cannot eat, drink or smoke inside the taxicab; cannot interfere with the taxicab driver in the conduct of his/her duties; are responsible for any damage caused to the taxicab; and · are required to pay the required fare. Customer compliments and/or complaints may be directed to the City's Licensing Information Line at 905.420.4611or bye-mail atbylaw@city.pickering.on.ca.