HomeMy WebLinkAboutBy-law 2318/86THE (/)P~ORATION OF THE TO~q OF PIC~F~RING
BY-LAW NL~w~R 2318/86
Being a Dy-law for the licensing, regulating and
governing of limousine drivers and owners
WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1980, chapter 302,
sections 110, 227.1 and 227.4, a by-law may be passed to provide for the licensing,
regulating and governing of limousine drivers and c~ners;
NOW THEREFORE the Council of the Corporation of the Town of Pickering HEREBY ~S
AS FOLLOWS:
1. In this by-law,
a) "Chief of Police" means the Chief of Police of the Durham Regional
Police Force;
b) "Council" means the Council of t]~e Town;
c) "Licence" means a licence issued by the Town under the provisions of this
by-law and "Licensed" has a corresponding meaning;
d)
"Lin~Dusine" means a member of that class of motor vehicle kept or used for
hire for conveyance of passengers solely on an hourly basis, which vehicle
does not bear any identification not required by law and does not. have a
taximeter, but does not include a taxicab, a bus, an ambulance, or a
hearse;
e) "Limousine Driver" and "Driver" means a person who drives a limousine
licensed or required to be licensed under this by-law;
f) "Limousine Owner" and "Owner" means a person who is the registered owner of
a limousine licensed or required robe licensed under f~is by-law;
g)
"Limousine Plate" means a metal plate issued by the Town bearing a number
to identify a limousine in respect of which a limousine o~ner has been
licensed;
h) "Limousine Plate Number" means the number on a limousine plate;
i) "officer" means a Municipal Law Enforcement Officer appointed by the
Council;
j) "Passenger" means any person in a limousine other than f~e driver;
k)
"Tariff Card" means a card issued by the Town displaying the rates or
fares to be charged under this by-law for the conveyance of goods and
passengers;
1) "Town" means ~]%e Corporation of t]~e Town of Pickering;
m) "Trip Record" means a record of ~e following information:
i) the provincial motor vehicle permit number of the limousine;
ii) the limousine plate number of t]~e limousine;
iii) f~e name, address and licence number of the driver;
2
iv)
v)
the date, time and location of t]~e beginning and termination
of each trip, including any stops requested by a passenger
en route; and
the amount of the rates and fares collected for each trip.
PAt~ 1 - G]~]F~AL PBOHIBITIC[qS
No person shall operate a limousine within the territorial jurisdiction of
tJ~e Town unless that person is a licensed limousine driver.
No person shall keep or use for hire, or permit to be kept or used for
hire, within t]~e territorial jurisdiction of the Town, a limousine Of which
he is t3ae registered owner unless tJlat person is a limousine owner licensed
in respect_ of that limousine.
PAR~ 2 - LIM[~SINE DRIVERS
4. Every limousine driver shall,
a)
at all times when operating a limousine have the tariff card and his
li~Dusine driver's licence affixed to tJ~e rear of the front seat or in
a position and in such a manner to be plainly visible to ar~ readable
by passengers in the back seat; and
b)
have and maintain in good standing at all times a Province of Ontario
Driver's Licence that does not prohibit him from operating a motor
vehicle for hire or reward.
5. When a limousine driver,
a)
changes his address ~ shall within eight days after the change attend
at the Town offices and notify t~e Town of the change and produce his
limousine driver's licence for the change to be entered thereon:
b)
changes his e~ployment from one limousine company or owner to another
he shall within eight days after the change, attend at the Town
offices and notify the Town of tile c3klnge of employment.
6. NO limousine driver shall,
a)
carry in any limousine a greater number of passengers than the
manufacturer's rating of seating capacity of such limousine exclusive
of driver;
b)
operate a limousine with luggage or other material piled or placed in
or on the limousine in a manner that obstructs his view; or
c)
operate any limousine unless the registered owner of that limousine is
a limousine owner licensed in respect of that limousine.
7. Every limousine driver shall,
a)
keep a daily trip record of all trips made by him in any limousine,
and
b) completely record each trip on the trip record prior to the
commencement of tile next following trip.
10.
11.
12.
13.
14.
15.
No limousine driver shall take on any additional passengers after the
limousine has departed with one or more passengers from any one starting
point except at the specific request of,
a) fne passenger or passengers in tJ~e limousine; or
b)
~e person who hired the limousine if he is not a passenqer in the
limousine.
(1)
Every limousine driver shall, before operating the limousine on any
day, examine it for mechanical defects and interior or exterior damage
and report forthwith any defects or damage found to ~e limousine
owner.
(2) Every limousine driver shall, Ul~On completion of discharging his last
passenger,
a) return the limousine to his employer and report all accidents and
any apparent mechanical defects or damage to the employer; and
b)
deliver to his employer the trip record pertaining to his period
of work and all rates and fares collected less the amount of
co~ission agreed upon between the driver and the employer.
(i)
Every limousine driver shall take the shortest possible route to the
destination desired by the passenger unless the passenger designates
another route.
(2)
If a passenger designates a route other than the shortest possible
route, the driver shall, prior to moving the limousine, advise the
passenger of the shortest route and obtain the passenger's approval
before taking any route other than the shortest route.
If the destination of a trip extends beyond the territorial jurisdiction of
the Town, the limousine driver and the passenger may agree before the s~rt
of the trip to a flat rate for the trip.
At the conclusion of a trip, the limousine driver shall call the
passenger's attention to ~eamount of the fare.
If a dispute arises with a passenger about the aa~unt of a rate or a fare,
the driver of the limousine may refer the dispute to the officer-in-charge
of the nearest Police Statin, and if tJ%e driver was correct in his demand
for ~e rate or fare, he may add thereto an a~ount equal to the proper fare
for the time to travel from the place where the dispute arose to t]2e Police
Station, and any reasonable waiting time while the dispute was being
invest igated.
When requested by a passenger to do so, a limousine driver shall give the
passenger a receipt for the rate or fare, shc~ing the amount of tJ2e rate or
fare, and ~2~e limousine driver's and c~rner's names and licence numbers.
(i)
k~ery limousine driver shall take due care of all property delivered
or entrusted to him for conveyance or safekeeping, and immediately
upon his termination of any hiring engagement, shall carefully search
the limousine for any property lost or left therein, and all property
or money left in the limousine shall be forthwi~_h delivered over to
tJ%e person owning the property or money.
(2)
If the cmmer of ~te property or money cannot at once be found, then
the limousine driver shall deliver the property or money to the
nearest Police Station with all information in his possession
regarding the property or money andtheowner ~er~of.
16.
(2)
Except as otherwise provided in section 11 hereof, every limousine
driver shall charge for each trip no more ti%an the fare authorized by
section 30 hereof.
No person e~ploying a limousine shall refuse to pay the rate or fare
chargeable under the authority of this section for him employment of
t~at limousine.
17.
18.
PAR~ 3 - LIMOUSINE O~NERS
Every limousine owner shall obtain and maintain an Ontario Standard
Automobile Insurance Policy insuring himself in respect of the limousine
owned by him covering public liability and property damage in a minimum
amount of $1,000,000, and shall produce annually to the Town a Certificate
of Insurance issued by the insurer, or its agent, certifying that an
insurance policyprovidingcoverage in accordance herewith is in effect.
Where a limousine owner disposes of his limousine and acquires a
replacement limousine, he shall, before operating the replacement limousine
or allowing it to be operated as a limousine,
a) submit the replacement limousine to the Town for inspection;
b)
produce a motor vehicle safety standards certificate issued by a
Ministry of Transportation and Communications authorized vehicle
inspection station, respecting the replacement limousine, and
c)
attend at the Town offices to have his limousine owner's licence
amended by deleting reference to the limousine disposed of and adding
reference to the replacement limousine.
19.
a)
b)
~%;ery li~Dusine owner shall,
submit his limousine for inspection at any time required by an
Officer;
ensure that the following documents, or mechanically reproduced copies
thereof, are kept at all times in his limousine:
i) current provincial motor vehicle permit_ for the limousine;
ii) current Town limousine owner's licence for the limousine;
iii) current Certificate of Liability Insurance for the limousine; and
iv) current To~n limousine tariff card;
c) when he employs a limousine driver, notify the Town in writing that he
has employed that driver within eight days of employing him;
d) before allowing his limousine to be operated on any day, examine it
for mechanical defects and interior or exterior damage;
e) keep a daily limousine record setting out the following information:
i) the limousine plate number of the limeusine;
ii) the provincial motor vehicle permit, number of t~e limousine;
iii) the names and licence numbers of the limousine drivers authorized
to operate the limousine that day;
iv) the date and time of the authorization; and
v) the odometer readings of the limousine;
5
20.
f)
record tSge odometer readings and the date and time the limousine is
returned by any limousine driver;
g)
require an entry on tine trip record for each trip at the time when any
lin~ousine driver turns in his daily trip record;
h)
give to his limousine driver at the expiry of the driver's period of
work a receipt showing the amount turned over to him by the driver;
i)
keep for a period of at least six months all trip records of the
limousine owned by him and shall make these records available for
inspection by any person autlqorized by the Town and such person shall
be permitted to remove the records and retain them for a reasonable
time; and
J)
check imen~iately any mechanical defect in his limousine reported to
him by his limousine driver.
Every limousine owner shall provide and maintain in or on his limousine
while it is operated as a limousine the following equipment and markings;
a) the limousine plate, securely affixed to tJ~e rear of the vehicle;
b)
t~e tariff card supplied by the Town and bearing the name of the
limousine owner and the limousine plate number, securely affixed to
the rear of the driver's seat in such a manner that the card is
plainly visible to passengers in the back seat;
c)
a holder for the l~hotograph and name of ~e limousine driver affixed
in a position to be plainly visible to and read,hie by passengers in
the rear seat of the vehicle.
21. No limousine owner shall,
a)
by any arrangements or agreements, permit any limousine not owned by
him to be driven under the authority of a limousine c~ner's licence
issued to him;
b)
employ or allow any person to drive his limousine other than a
licensed limousine driver or a person inspecting or testing it;
c)
operate or permit to be operated any limousine t~at is not in good
mechanical Condition;
d)
display or permit the display of any advertisement on or in his
limousine;
e)
use or permit to be used on any limousine owned by him any emblem,
decal or roof sign.
PAR~ 4 - C4~EPAL PNOVISIONS
22.
No limousine driver or owner shall operate or allow to be operated any
limousine,
a) not equipped wit]~ an extra tire and wheel ready for use, or
b) not clean, dry and in good repair.
23. No limousine owner or driver shall,
a)
induce any person to engage his limousine by misleading or deceiving
that person about the location or or distancebetween any point in t~e
Town and any other place, nor by any other false representation;
24.
25.
b)
publish or use a tariff, or demand or receive rates or fares other
than those authorized by this by-law; or
c)
be entitled to recover or receive any rate or fare from any person or
persons to whom he has refused to show his tariff card as provided in
this section.
No limousine owner or driver shall make any charge under this section for
time lost through defects or inefficiency of the limousine or the
incompetence of the driver thereof.
No limousine owner or driver shall make any charge for the time elapsed due
to early arrival of the limousine in response to a call for a limousine to
arrive at a fixed time.
26. Every limousine owner and driver shall,
27.
28.
29.
30.
a)
serve the first person requiring tJqe service of his limousine at any
place within the territorial jurisdiction of the Tc~n at any specified
time by day or night, provided that the person is not. disorderly or
does not. refuse to give his destination, and, if he pleads some
previous engagement_, he shall upon den~nd give the name and address of
the person to whom he is so engaged together with the time and place
of such engagement;
b)
punctually keep all his engagements, and shall not accept any
engagement that a previous engagement would prevent him from
fulfilling, but he shall not be compelled to accept any order from a
person who is indebted to him for the cost of a previous trip.
No limousine owner or driver shall use any tariff card, other t2%an tdqat
obtained from the Town, or remove, exchange, lend or otherwise dispose of
t/he tariff card.
Limousine plates or tariff cards defaced, lost or destroyed may be replaced
by the Town upon the original plate or card being satisfactorily accounted
for and upon t3ne payment, of the replacement fee fixed by this section.
The fare herein authorized shall be computed from the time when the
passenger first enters the limousine to the time when t/qe passenger finally
discharges the limousine.
The fare to be charged by limousine owners and drivers within the Town
shall be filed with the Town Clerk; no limousine owner or driver shall
charge or receive in payment any higher or lower amount, except as provided
for in section 11. No rate or fare is chargeable for t/ne carriage of a
wheelchair accompanying a handicapped person.
31.
PA~T 5 - LI(~g(~ APPLICATIC~S
An application for any lieence hereunder shall be in a form provided
for the purpose by the Town, shall be addressed to the Town in care of
the Town Clerk, and shall contain the following:
a) where the applicant is an individual:
(i) the applicant's full name;
(ii) the applicant's residence address;
(iii) if different than the applicant's full name, the name under
which the applicant_ carries on business;
(iv) the applicant's business address;
or
32.
b) where the applicant is a corporation:
(i) the applicant's full name;
(ii) the sddress of t~e applicant's head office;
(iii) the addresses of all offices or places at which the
applicant carries on business;
(iv) the jurisdiction in which t~e applicant was created;
c) where the application is for a limousine driver's licence:
(i)
a valid Province of Ontario Driver's Licence issued to the
applicant that does not prohibit him from operating a motor
vehicle for hire or reward;
(ii)
a certificate from a duly qualified medical practitioner
stating that the applicant is in the opinion of the
practitioner, physically capable of operating a limousine;
d) where the application is for a limousine owner's licence:
(i)
a motor vehicle safety standards certificate issued by a
Ministry of Transportation and Communications authorized
vehicle inspection station for the limousine in respect of
which the applicant seeks robe licensed;
(ii) proof of ownership of t~at limousine; and
(iii) a Certificate of Insurance as required by section 17 in
respect of that limousine.
(2) An application for a licence shall be acoompanied by the appropriate
licence fee set out in Schedule "A" hereto.
(3)
Where an application is made under a name by which more than one
individual or corporation, or combination thereof, carry on business,
each individual and each corporation shall submit a separate
application for a licence, but only one application fee shall be
required.
(4)
The Town Clerk may require that an applicant provide verification, by
affidavit or otherwise, of any of the information which the applicant
is required to provide before a licence is issued.
Upon receipt of an application and the appropriate licence fee, the Town
Clerk shall forthwith forward details of the application to t~e Chief of
Police who shall determine whether or not the applicant, or any person
comprising t~e applicant, has been convicted of,
a)
any offence under fhe Criminal Code (Canada), the Narcotics
Control Act (Canada) or the Liquor Licence Act, R.S.O. 1980,
c.244, or
b) careless driving under the Highway Traffic Act, R.S.O. 1980,
c.198,
within the three years immediately preceding the date of the
application.
8
33. (1) The Town Clerk shall issue the licence only where,
(2)
(3)
a) all the information which the applicant is required to provide
under section 31 nas been provided, and verified;
34.
b) all the documents which t-he applicant is required to provide under
section 31 have been provided;
c) the licence fee is paid; and
d)
the Chief of Police determines that the applicant, or all persons
comprising the applicant, have not. been convicted of any of the
offences referred to in section 32 within the time period set out
therein.
Where the Chief of Police determines that the applicant, or any person
comprising the applicant, has been convicted of any such offence
wit-hin that time period, t_he Town Clerk shall notify the applicant, in
writing, of the determination.
Where an applicant advises the Town Clerk, in writing, that he
disputes the determination made by the Chief of Police under section
32, or submits that the licence applied for should be issued despite
that determination, t-he matter shall be referred forthwith by the To~n
Clerk to the Council which shall hear representations from the
applicant and the Chief of Police.
(4) The Council may issue the licence where,
(1)
a) t/%e information, documents and fee referred to in subsection (1)
a), b) and c) have been provided, verified and paid, and
b)
it determines in its sole discretion t~at the determination of t-he
Chief of Police is unfounded or that the offences in question are
not sufficient to justify refusing to issue the licence.
The Town Clerk shall notify a licensee, by registered mail, at his
last residence or business address on record when,
a)
he has cause tobelieve, on reasonable grounds, that any of the
information which the licensee, as an applicant or as a licensee,
is required to provide, including any verification thereof, is
inaccurate;
b) he is advised by the Chief of Police that the licensee has been
convicted of any of t-he offences referred to in section 32;
¢)
where the licensee is a limousine driver, the Ministry of
Transportation and Cc~Lm~unications has advised that. the licensee's
provincial driver's licence is under suspension or has been
revoked;
d) where the licensee is a limDusine owner,
(i)
his insurer has advised that the insurance required under
section 17 has been cancelled or will not_ be renewed, or
(ii) the limousine in respect of which he is licensed is no
longer roadworthyorhasbeen impounded;
e) the licensee has been convicted of an offence which is a
Contravention of a provision of this section; or
f)
the licensee has Contravened an Order issued under the authority
of the Municipal Act, R.S.O. 1980, c.302, section 326, or any
successor thereto,
that, unless the inaccuracy, conviction, revocation, cancellation,
roadworthiness, impounding or contravention is corrected, overturned
or reinstated within thirty days, the licence shall be revoked.
(2)
Unless the matter giving rise to the notice issued under subsection
(1) has been corrected, overturned or reinstated within the ti~e
allowed, the Town Clerk shall forthwith revoke the licence and notif~
the licensee by registered mail at his last residence or business
address on record.
(3)
Despite subsection (2), where the inaccuracy, conviction, revocation,
cancellation, roadworthiness, impounding or contravention is disputed,
in writing, to the Town Clerk by the licensee, the matter shall be
referred forthwith by the flown Clerk to the Council which shall hear
representations from the licensee and either confirm the revocation of
the licence or re-instate the licence, as it sees fit.
35. Subject to the provisions of section 34,
36.
37.
38.
a)
b)
a limousine driver's licence is valid for two years from the date of
issue, and is not transferable; and
a limousine owner's licence is valid for the calendar year in which it
is issued, and is not transferable.
A licensee may renew his licence u~on its expiry by making an application
under section 31 as if he were making an original application, and the
provisions respecting original applications shall apply except that the
licence fee payable shall be a licence renewal fee.
Limousine ~wner's licences issued under a predecessor of the section shall
be deemed to have been lawfully issued under this By-law.
When an application for a limousine owner's licence has been approved for
issuance, the Town Clerk shall notify the applicant by registered mail
addressed to his last residence or business address ar~ the applicant shall
have thirty days from the date of mailing to obtain the licence, failing
which the approval shall be rescinded.
39. (1)
Upon the expiry or revocation of a licence the licensee shall return
to the Town the licence and, if the licence is a limousine o~aler's
licence, the limousine plate.
(2) No person shall refuse to deliver an expired or revoked licence or a
limousine plate to an officer.
40.
PAt~ 6 - ADMINISTRATION
Every person who contravenes any provision of this by-law, except sections
32, 33 and 34, is guilty of an offence and upon conviction thereof is
liable to a fine of not more than $2,000.00, exclusive of costs.
41. Schedules "A" attached hereto form part of this by-law.
42. By-law 220~/86 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 20th day of
October, 1986.
John E. Anderson, Mayor
~ruce Taylor, Cler~ ...
BY-~ ~F~n~R 2318/86
ORIGINAL LIC~XK2E ~'e:e:q
LicenceType Fee
1. Limousine Driver's Licence $ 50.00
2. Limousine Owner's Licence 1,000.00
LIC~qCE RI~II~tlAL~'.:.~
LicenceType Fee
3. Limousine Driver's Licence $ 50.00
4. Limousine Owner's Licence 100.00
Item R~placed Fee
6. Limousines Driver's Licence $ 5.00
7. Limousine Owner' s Licence 10.00
8. Limousine Plate 10.00
9. Tariff Card 2.00