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HomeMy WebLinkAboutBy-law 733/77tsEmolsk ?-LPi 733177 REPEALED BY I Y' L ?/,) 106 -YIZ-f- REPEALS AMENDED BY Y LASS DISPOSITION r THE CORPORATION OF THE TOWN OF PICEMRING BY-LAW NUMBER 733/77 A by-law of the Corporation of the Town of Pickering for the licensing, regulating and governing of taxicab and limousine drivers, owners and brokers, &nd for establishing the rates and fares to be charged by the owners or drivers of such vehicles for the convev- ance of goods or passengers, either ;.=telly within the municipality or to any pc?nt not more than three miles beyond its limits, and providing for collection of such rates or fares and for revoking any such licences. WHEREAS, pursuant to the provisions of paragraph 1 of Section 377 of The Municipal .pct, R.S.O. 1970, c. 284, by- laws may be passed for licensing, regulating and governing taxicab and limousine drivers, owners and brokers, for establishing the rates and -fares to be charged by the owners or drivers of such vehicles for the conveyance of goods or passengers either wholly within the municipality or to any point not more than three miles beyond its limits, for providing for the collection of such rates and fares, and for revoking any such licence; NOW THEREFORE the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: PART I MrTNTTTtnWC 1. In this By-Law: (a) "Broker" shall mean a person, firm or corpor- ation, who accepts bookings for any taxicab or limousine, but does not include any per- son accepting fares while actually operating a taxicab or limousine; (b) "Chief of Police" shall mean_ the Chief of Police of the Durham Regional Police Force; (c) "Council" shall mean the Council of the Corporation of the Town of Pickering; (d) "Driver" shall mean a taxicab or limousine driver, licensed as such or required to be licensed as such under the provisions of this By-Law, and includes an owner who drives his own taxicab or limousine; (e) "Licence" shall mean a licence issued by the Town under the provisions of this By- Law; _ 2 _ (f) "Limousine" shall mean a motor vehicle which does not bear any identification other than its provincial motor vehicle perrit plates, which does not have a taximeter and which is kept, or used. for hire for the conveyance of passengers solely on an hourly basis but shall not include a taxicab in respect for which a licence has been issued under the provisions of this By-Law to the owner, a bus, an ambulance or a hearse; (g) "Officer" shall mean the By-Law Enforcement Officer or Assistant By-Lass Enforcement Officer appointed by the Council of the Town of Pickering; (h) "Open Taxi Stand" shall mean a public place alongside the curls of a street or elsewhere in the Town which has been designated by the Town as reserved exclusively for the use of taxicabs licensed under the provisions of this By-Law; y (i) "Owner" shall mean the owner of a taxicab or limousine licensed as such or rec<uired to be licensed as such under this By-Law; (j) "Passenger." shall mean any person in a taxi- cab or limousine other than the drive); (k) "Person" includes an individual, firm, society, association, partnership and corpor- ation; (1) "Resident" shall mean a person who has been continually during the twelve month period immediately preceeding his application for a licence, as outlined in section 22 and is at the time of his application, a resident of the Town; (m) "Tariff Card" shall mean a card issued by the Town for display in each taxicab or limousine which contains the rates of fare then in force; (n) "Taxicab" shall mean a motor vehicle kevt or used for hire for conveyance of goods and passengers; which vehicle has seating for not more than seven persons, but shall not include a limousine: in respect of which a licence has been issued to the owner there- of under the provisions of this By-Law, a bus, an ambulance, or a hearse; (o) "Taximeter" shall mean a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which fare is based, and which computes the amain of the fare chargeable for any trip fcr which such a fee is chargeable; (p) "'T'own" shall mean the Town of Pickering; 3 - (q) "Trip Record" shall :jean a record of the following information: (i) the provincial rotor vehicle permit numher of the vehicle; (ii) the name, address and iden- tification nurber of the driver; (iii) the taximeter readings, if the vehicle is a taxicab, at the start and finish of a driver's working period; {.1V) the date, tie and location of the beginning and termin- ation of each trip, including any stops requested by a passenger en route; and (v) the amount of the fare col- lected for each trig. PART I TAXICAB AND L IN?QtOu"SDZEE D , 2. No person shall l drive a taxicab or l i.no ,inn ,n thl e Town unless that person is licensed to drive a tax - cab or limousine by the Town and ever} applicant fcr a licence to drive a taxicab- or _rcas e shall: (a) be able to read, write and speak '€ ingljish language; (b) have attained the age of eighteen= '18) years; (c) attend at the Town offices in person and con- plete the necessary application forms; (d) produce a valid driver's licence issued in accordance with the provisions of The High- way Traffic Acts R.S.C. 1970, c. 202, auth- orizing the holder to operate a motor vehicle for hire or reward; (e) submit as part of his application three (s) photographs of himself; (f) submit as part of his application a certi- ficate from a duly qualified medical prac- titioner stating that the applicant is in the opinion of the practitioner, physically capable of operating a taxicab or limousine; (g) complete at the Town offices a test dealing with his knowledge of the provisions of this By-Law, the geography of the mown including the specific locations of hospitals, public transportation terminals and other locations frequently serviced by taxicabs; and (h) prior to the taking of the test referred to in (g), pay to the Town, in cash, the fee set out in item 1 of Schedule "A" hereto. . # 4 - 3. Upon successful completion of the test referred to in section 2(g), an Officer may issue a temporary licence for a period not to exceed thirty (30) days to permit the driver to ooerate a taxicab or limousine until his application is approved by the Town. if an application is not approved within that thirty (30) day period, any temporary licence issued pursuant to that application shall be deemed to be revoked at the end of that thirty (30) day period. 4. Every driver licensed under this By-maw shall: (a) carry the taxicab's licence, or lincusine's licence, as the case may be, with hira at a2 l times when operating the taxicab or limousine and produce it for inspection: when regnested to do so by an officer; (b) at all times when driving a taxicab or lir.- ousine have t::e tariff card- hls ax ca:, or limousine driver's licence: affixed to the- rear of the f seat or in a position and in such a many: _ -?, `e plainly vi-blt-, to and readable by nr?-Ence_-S in, sc=at,; (c) be neatly dressc.i and clean in p soma appearance; (d) refrain from sr:okin,; while ;r v . -n-, p-a s- enger or passengers except wh( permitted to do so by all peas :+.:r. -.,-s; (e) if he wishes to enter an open taxi stand with his taxicab, do so by taking posy t i on at the end of any line formed by taxicabs already in the stand; (f) while in any open taxi stand or public place in any way not obstruct the use of the stand: or place or make any loud noise or distur- bance; (g) while in any open taxi star=e - public place, be sufficiently close to his taxicab tc have it under constant observation; (h) while in any open taxi stand or public place refrain from washing or making repairs to his taxicab or limousine, unless such repairs are immediately necessary; (i) have and maintain in gocc standing at all times a licence issued 'oy the Previrce of Ontario permitting hi^r- to drive a veh:ic?e for mire or reward. 5.. When a driver licensed under this By-Law: (a) changes his address, he shall within three business days after such change, attend at the Town offices and notify the Town of such change of address and produce his taxi- cab or limousine driver's licence for the change to be entered thereon; 4 _ 5 (b) changes his employment from one taxicab or limousine company or owner tc another he shall within three business days after such change, attend the Town offices and notify the sown of such charge of einploy- ment and produce his taxicab or limousine driver's licence for the change to be entered thereon. v. No driver licensed under this BV-Law shall: (a) carry in any taxicab or limousine, a greater number of occupants or persons than the mar.- ufactnrer's rating o seating capacity of such :axicab or lir"ousine inclusive of driver; (b) drive a taxi-cab or limousine with luccace or other material piled or placed i the front seat, back ;peat or trunk of the taxi- cab or limousine, ,;n nanner that rbstructs his vies;; (c) place or allow to be placed any 'I t -:c , ... ':r "s1t st>3' cartons or any other material the front or rear window in -_u ` a j: to obstruct the view of the *a::; A.?Ilr.r f aci from the outside Of the taxica..; (d) drive or act as a driver cf a,:',' ?zr.t?t c r limousine- within: the Town of that taxicab or lire,=uslne is -:cent.sedi under this by-law as owner of ti-at tai cah or limousine; (e) overcrowd an open taxi stand; (f) pick up any passe=ncer within lfO fee` of an open taxi stand when there are one or more taxicabs in the stand, except where an arrangement has been previcusly made with the passenger to pici, : it up at that location. 7. Every driver shall keep a daily trip record of all trips made by the taxicab or limousine. 8. Each trip shall be completely recorded can the trip record prior to the commencement of the next follow- ing trip, but no driver shall obstruct traffic while preparing his trig record. 9. When a driver uses a taxicab for transportation of passengers for no gain or reward, he rust either: (a) remove the roof light from the taxicab; or (b) place the flag of the taximeter in a record- ing position=. P - 6 - 10. No driver licensed under this By-Law shall take on any additional passengers after the taxicab has departed with one or more passengers from any one starting point except (a) at the specific request of the passenger or passengers already in the taxicab; or (b) wren operating a taxicab which is being used for the transportation of children to or from school. 13.. (a) Every driver licensed under this By-Law shall, before commencing to operate the taxicab or limousine on any day, examine for mechanical defects or any irtericr or exterior damage the vehicle he is to drive during the day and report forthwith any defects or dar:a=.e found in the vehicle to the owner of the taxicab or limousine. (b) Every driver upon completion of discharging his last passenger shall: (i) return the taxicab or li„ ,'OUS n(' to his employer and report all accidents and any apparent, ech- anical defects or damage to suCh employer; and (ii) deliver to his employer the tra: record pertainina to his work- shift and all fares collected less the amount of corns. fission as previously agreed upon between the driver and owner. 12. When a passenger first enters a taxicab, the flag of the meter shall immediately be placed doro?n in a recording position and shall remain in such position throughout the trip. 13. (a) Every driver shall take the shcrtest poss- ible route to the destinatio desired by the passenger unless the passenger desig- nates another route. (b) In the event that a passenger designates a route other than the shortest possible route, the driver shall, prior to moving the taxicab or limousine, advise the passenger of the shortest route and obtain the passenger's approval before taking any route other than the shortest route. 14. If the destination of a trip extends beyond the municipal boundaries of the Town, the driver and the passenger may agree before the start of the trip to a flat rate, but the meter flag must be in a 71 recording position at all times within the runicipal boundaries of the Town. - - 15. At the conclusion of a trip, the driver shall call the passenger's attention to the amount of the fare regis- tered on the taximeter and then place the flag of the taximeter in a non-recording position. 16. If a dispute arises with a passenger about the amount of a fare, the driver of the taxicab r::ay refer the dispute to the officer-in-charge of the nearest Police Station, and if the driver was correct in his derand for this fare, he may add thereto an amount equal to the proper charge under Schedule "B" for the distance travelled from the place where the dispute arose to the Police Station,, and any reasonable waiving tire while the dispute was being investigated. 17. Every driver shall give a passenger a receipt cn an authorized form showing the driver's and owner's name and identification nu.,stber, when requested or w*-ene ver there is a dispute over the fare. 18. Notwithstanding the provisions of subsection (a) ef section & hereof, while a taxi-cat or lir*usine is being used for the transportation of h d e.n to or from school, the driver of the taxica , or l zt„ouss.i ne shall observe and comply With the wc:ilowinc:: (a) Not more than six (6) children shall to at any one time carried in a standard flv - passenger vehicle and not more than s,?tven (7) children shall he carried at any one time in a standard six-passenger vehicle. (b) No child shall be permitted to stand t,ile the vehicle is in motion. 19. Every driver shall take due care of all property delivered or entrusted to hin for conveyance or safe- keeping, and immediately upon his termination of any hiring engagement, shall carefully search the taxicab or limousine for any property lost or left therein, and all property or money left in the taxicab or limousine shall be forthwith delivered over to the person owning the property or money. if the owner of property or money cannot at once be found, then the driver shall deliver the property or coney to the nearest Police Station with all information in his possession_ regarding the property or money. 20. Except as otherwise provided in section 14 hereof, every driver when operating on a meter basis, shall charge no more than the fare shown on the taximeter, together with any applicable additional charges authorized by Schedule "B" hereof. 21. A taxicab or limousine driver's licence shall net be transferable. P PART III TAXICAB AND LIMOUSINE HERS 22. il3 No person, being the owner of a motor vehicle, shall keep or use for hire, or permit to be kept or used for hire, the motor vehicle of which he is the owner as a taxicab or lim- ousine, in the Town of Pickering, unless that person is licensed to own a taxicab or lim- ousine, as the case may be, by the Town. (2) Every taxicab or limousine owner or applicant for a taxicab or limousine owner's licence shall. (a) be a licensed taxicab or lim- ousine driver, as the case may be, in the Town, or be a ccr- poration having its head office in the Town of x icker? ng; (b) be a resident of the 'own ; (c) for every application; for a taxicab or limousine owner's licence or for a renewal thereof, attend in person and not by an agent at the Town, offices and shall conplete the prescribed forms are such Declarations and Affidavits as may be required and shall furnish the Town such informa- tion as the Town may request; (d) upon renewal of his taxicab or limousine owner's licence, return to the Town the pre- vious year's metal plate supplied by the Town and bear- ing his taxicab or limousine owner's licence number, before the new plate for the current year will be issued to him; and (e) submit his taxicab or limou- sine for inspection before a taxicab or limousine owner's licence shall be issued to him for that taxicab or limousine. (3) In the case of a taxicab or limousine part- nership, the attendance required under clause (c) of subsection 1 of this section shall be by at least one of the partners, and in the case of a taxicab or limousine owned by a corporation such attendance shall be by an officer of the corporation. 23. Every owner shall obtain and produce to the Town_ a cony of an Ontario Standard Automobile Insurance Policy insuring the taxicab or limousine owned by him and covering legal liability for bodily injury to or death of any person or damage to property of others to a minimum limit of $300,000.00 inclusive. _ 9 240 Where any owner disposes of his taxicab or limousi.7e and acquires another taxicab o? limousine, he shall; (a) immediately submit the latter taxicab or limousine for inspection; (b) produce an approve: for vehicle inspec- tion report issued by The Ontario Minis- try of Transport and Cos un ications, vehicle Inspection Branch dealing with the road worthiness and safety of the vehicle to be used as a taxicab or lin- ousine; (c) before using the taxicab, or lirmtocusine, and immediately after ohtaining the, officer's approval, attend at the Town to record such change. 25. Every taxicab or limousine owner l ce sec Tic'_er t3.is Ry-Law shall: (a) submit his taxicab or linouwIne for inspection at any tine recalred the ':own; (b) ensure that the original or a nhoto- stated copy of the original, r¢ t?.e following documents be kept at ali times in his taxicab or 1 mo s;ne.- (1) current Ontario ministry of Transport and. Cc°rm?uni- cations Passenger Mot-or Vehicle permit for the vehicle; (2) current Town taxicab or limousine owner's licence for the vehicle; and. (3) current Certificate of Liability Insurance for the vehicle; (c) when he employs a driver, notify the Town that he has employed the driver within three (3) business days; (d) on each work day, before he assigns his taxicab or limousine to drivers, examine the taxicab or limousine for mechanical defects and similarly examine it at the end of each day; (e) when he authorizes a driver to drive his vehicle at the start of each shift, keep a record setting out the following information: (1) the taxicab or limousine owner's plate number; (2) the provincial plate num- ber of the vehicle; (3) the taxicab or limousine driver's name and licence number; i - 10 - (#) the date and the time of the authorization; and (5) the taximeter readings, where the vehicle is a taxicab, and the odometer readings of the vehicle being or?erated; (f) record the taximeter readings, where the vehicle is a taxicab, odometer readings and the date and time the taxicab or limousine was returned by any driver; (a) where the vehicle is a taxicab require an entry on the trip record for each trip recorded on the taximeter at the time when ary driver turns in his daily trip record; (h) give to each of his drivers at the expiry of the driver's work shift, a receipt showing the amount turned over to him by th,-= drives; (i) keep for a period of at least sip: (6) months, all trip records of the tax-ca':: or limousine owned by hir,: and shall --=e these records available for inspection by any person authorized by the Town and such person shall be n ratted to re.o>r these reco.ds and retain them for a reasonable time; and (j) check immediately any mechanical defect. in his taxicab or limousine reports-d to him by a driver under subsection (a) of section 1.1. 26. Every owner shall have affixed to his ta;:icab, a taxi- meter which shall register distances travelled, record trips and units, and compute fares to be paid, and for all taxicabs so equipped, the following provisions shall apply: Each taximeter shall be: (a) submitted for testing, inspection a,sd sealing, to an Officer in the period between April 15th and May 31st (both inclusive) and again between September 15th and October 31st (both inclusive) in each year, and at such other times as required by an officer; (b) illuminated between dusk and dawn; (c) supported in a raised position clear of the dashboard in plain view of the passengers and approved by ar_ Officer; (d) adjusted in accordance with the rates prescribed by Schedule .`E"; (e) tested by running the taxicab to which it is attached over a measured distance and tested for time before being sealed; r s y. .? r - 1I - (f) used only when the seals thereon are intact; (g) used for not loncaer than six (6) months without retesting and reseal- ing; (h) kept in good working condition at all tines and not used when defective it any way; (i) numbered and not used until arc,r ved by an Officer; and (j) equipped with a metal ,,late or flag attached to the top *herec and approved by an officer. Stich t>:ate or flag shall be in a lowered pcsz- tion when the taxim*ter is in CVer- ation, arced in a rased r_-cS *lOn Wnen such meter is not o::erd:rcn. 27. Every taxicab or limusi e owve maintain in or on his rEh cl , as tht, Cali(- while such vehicle is operated as a t.,xic.?: cr limousine the following equipment and narltri.r.,,;?-. (a) a plate issued by the cru-, and i rNz s- ing an identify neA ..°urnher, sus Nr€ 3;r aff ixed to the rear of the e hic1e; (b) a tariff card supplied the . air; and bearing the r:azrve of the o-.- <r of the vehicle and the idea tl'.,: ng number referred to in clause 'a), above, affixed to the rear of the driver's seat in such a rnnanner that the card is Plainly .4.s hle= -c z.ass- engers in the back seat; (c) a holder for the photograph and na.ne, of the driver or owner affixed in a position to be plainly visitle to and readable by passengers in the rear seat of the vehicle; (d) where the vehicle is a taxicab, on the top of the taxicab an electric sign, securely attached in a spanner approved by an officer, indicating that the vehicle is a taxicab.. The electric sign shall not show a name or telephone number of any Verson, firm or corporation, other than the nacre and telephone number of the person, firm or corporation holding the licence as owner of the taxicab or of a taxicab broker with whom the taxicab is associated; (e) where the vehicle is a taxicab, the number on the plate issued by the Town for the taxicab, prefixed by the letter "F", displayed on the front fenders of the taxicab, in a manner approved by an officer, in figures of a colour contrasting that of the taxicab, and of a height of at least six inches (5"). 12 28. No taxicab or limousine owner licensed under this By-Law shall: (a) by any arrangements or agreements, permit any taxicab or limousire not owned by hi*n to be driven under the authority of a taxicab or limousine owner's licence issued to him; (b) employ or allow any person other than a driver licensed under this By-Lam, or a person in the process of inspecting or testing the vehicle, to drive his taxicab or limousine; (c) operate or permit to be operated as a taxicab or limousine any vehicle that is not in good mechanical o.dition; (d) display or permit the display of any advertisement on or in his vehicle, except where the vehicle is a taxicabb, one exterior poster only, not exceed nq forty (40) centimetres by Qne hundred and twenty (120) centiretres .Aire, placed at the rear of the texicab in such a way as not to obscure the taxic.a licence plate, the provincial l ic-nc,;, plate, the vehicle's back-up, and tail lights, or the .fisifn taxicab driver. Xny such poste: be constructed of and car riec in a z sst resistant frame; (e) display an advertisement under the pro- visions of this By-Law unless plans therefor have first been filed .,,ith and approved by the Town; nor (f) use or permit to be used on any taxicab or limousine owned by him any emblems,, decal or root sign which simulates any colour or design of that of any other taxicab or limousine, taxicab or limou- sine owner, taxicab or limousine company or taxicab or limousine broker unless the approval of the Town has first been obtained. 29. No owner shall operate or permit any taxicab or lim- ousine owned by him and licensed under this By-Law to be operated through a taxicab or limousine broker not license-3 under this By-Law. 30. (l) Any taxicab or limousine owner's licence may be revoked if the taxicab or limou- sine owner fails to actively operate his taxicab or limousine fos a period of one (1) month or more. (2) A taxicab or limousine owner's licence shall not be transferable. _ (3) No person shall be entitled to hold more than one taxicab or limousine owner's licence. 13 - 31. Any approved applicant for a taxicab or limousine o=er'.s licensce' shall obtains such licence within a period of three (3) laths from the date of approval. Failure to do so shall result in such approval being rescinded. 32. (1) An applicant for a taxicab cr limousine owner's licence sha_ be and r:,::st resin licensed as a taxica or limousine driver as the case v be :`e own.. (2) This section does Lot apply to corporate applicants. PART T TAXICAB AND L,I "S 1NE 33. No person shall opera° ,- a t ax .c x v,:: ?> broker in the To•w.. 4 . s`aas f _Jrs R 3 Taxicab or may be, from th(34. Every applicant for a T-x',c-at or Licence shall: (a) be a taxicab or Ili- dr cri under this By-Law he r,z at cr: having its bead: of ice I he cw :)f Pickering; (b) where the applicant is a core rat c.n, file with the application: (i) the names aszd addresses of the officers and directors of the corporation and their positions; and (ii) the names and addresses of the shareholders of the corporation; (c) designate the location of the office within the 'town that is intended for use as the brokerage office; (d) for every application for a taxicab or limousine broker's licence or For a renewal thereof, attend in person and not by an acer_t at the Town offices and shall complete the pre- scribed forms and such Declarations and Affidavits as may be required and shall furnish the Torn such information as the Town: may request; (e) in the case of a taxicab or limousine broker partnership, the attendance required under clause (d) of this section shall be by at least one of the partners, and in the case of a taxicab or limousine broker that is a corporation, such attendance shall be by an officer of the corporation. .I 35. Every taxicab or limousine broker shall: (a) have and maintain an office within the Town, from which it shall dispatch taxicabs or limousines, as the case may be, regularly; (b) not accept cells for, or in any way dispatch or direct calls for service to any trehicles, other than taxicabs or limousines licensed by the Town; (c) :weep records of every veh,:'_le dis- patched, the time of dispatch and the place of the pick-up and shat? retain these records for a period of at least six months. The records shall be open to inspection by an Officer or any other person author- ized by Council and this person shall be permitted to remove the records and retain them for a reasonable time; (d) Provide an officer a list of all taxicab or limousine owners with which he has any arrangement or agreement for accepting calls for service and shall identify each taxicab or limousine by the name of the owner and the number of the plate issued by the Town and. shall within three (3) days of any addi- tion or deletion, from this list, advise the Town in writing thereof; (e) where a corporation is the holder of a taxicab or limousine broker's licence, the corporation shall advise the Town within three (3) days of all transfers of shares of the capital stock thereof. 36. (1) Every taxicab or limousine broker licensed under this By-Law shall serve the first person requiring the service of a taxicab or limousine at any place within the boundaries of the Town at any specified time by day or night provided that that person is not intox- ica-ed or disorderly and does not refuse to give his destination to the driver anal, if the broker pleads some previous engagement, he shall upon demand give the name and address of the person to whorl he is so engaged together with the time atd place of the --agement. He shall punctually keep --Ll his engagements, and shall not accept any encageutent that a previous engagement would prevent him from fulfilling. (2) No taxicab or limousine broker shall be compelled to accept any order from a person who is indebted to him for the cost of a previous trip. ,f s 37. (1) Every taxicab or limousine broker shall: (a) maintain an office in the Town and shall only accept calls for, direct calls to or dispatch taxicabs or limousines, as the case may be, from within the boundaries of the Town or trips that terminate within the boun- daries of the Town; and (b) carry on-the business o accept- ing calls for, directinc calls to or dispatching taxicabs or limousines, as the case may be, at all tines that the licence is current, and not under sus- pension. (2) No taxicab or limusine broker shall charge any fee to or demand any funds from any taxicab or limousine owner or driv=er in consideration for the provision of broker's services, or for any other reason associated with the operation of the taxicab or limou- sine except as provided in subsection 3 hereof. (3) A taxicab or limousine broker may charge a fee to and demand funds accordingly from any taxicab or limousine owner whose taxi- cab or limousine is dispatched by that broker but such fee shall be limited to consideration for the provision of the broker's services, as a taxicab or limou- sine broker. (4) No fees shall be charged or funds demanded pursuant to the provisions of subsection 3 hereof unless the fees or funds are payable by the owner to the broker pursuant to a written agreement, a copy of which is filed with the flown. 38. A taxicab or limousine broker's licence shall not be transferable without the specific authority of Council. PART V GENERAL 39. Every taxicab or limousine to be licensed under this By-Law m,s'- be at least: (a) a five (5) passenger (including driver) motor vehicle; and (b) a four (4) door motor vehicle. s - l f -? 40. No motor vehicle shall be used as a taxicab or limou- sine: (a) by an owner who is the sole driver of the vehicle unless the model year of the vehicle is fewer than five years prior to the year in which the taxicab or limous owner's licence is issued or renewed for the vehicle; and. (b) by any other taxicab ox limousine owner unless the model year of the vehicle is fewer than four years prior to the year in which the taxicab or limousine owner's licence is issues: or renewed for the vehicle. 41. No owner or driver of a taxicab equipped mat: c taxi- meter shall operate or permit to be operated any taxicab until: (a) he has submitted the motor vehicle to an officer for approval; (b) he has attended the Town offices and produced a Provincial Motor Vehicle permit issued for the motor vehicle; (c) the taximeter has been tested and sealed by an Officer. 42. If a taximeter is repaired or altered when an Officer is not available, the taxicab to which the taximeter is affixed may be operated without the taxi„titer having been tested or sealed, for a period of seventy- two (72) hours on weekends or forty-eight (49) hours during the week but only if the owner or driver of the taxicab has in his possession a certificate frog: the person who makes the repairs or alterations. stating the time, date and nature thereof and to place where the work was done. 43. No driver or owner licensed hereunder shall overate or allow to be operated any taxicab or limousine: (a) not equipped with an extra tire and wheel ready for use, or (b) not clean, dry and in good repair. 44. No owner or driver licensed hereunder shall: (a) induce any person to engage his taxi- cab or limousine by misleading or deceiving that person about the loca- tion or distance from any part of the Town to any other place, nor shall he induce any person to engage his taxi- cab by false representation; (b) publish or use a tariff, or demand or receive rates and charges other than those authorized by this By-Law whether these rates and charges are determined by distance or by time; nor V - 17 - (c) be entitlen to recover or receive any fare or charge from any person or per- sons from whom he shall have demanded any fare or charge greater or lesser than those authorized by this By-Law or to whomhe has refused to show his card or tariff as provided in this By-Law. 45. No owner or driver licensed hereunder shall make any charge under this By-Law for time lost through defects or inefficiency of the taxicab or limousine or the incompetence' of tl.e driver thereof. 45. No owner or driver licensed hereunder shall make any charge for the time elapsed daze to early arrival of the taxicab or limousine in response to a call for a taxicab or limousine to arrive at a fixed time. 47. Every owner or driver licensed hereunder shall: (a) serve the first person requiring the service of his taxicab or limousine at any place within the Town at any specified time by day or night, pro- vided that the person is riot intox- icated or disorderly or does not refuse to give his destination, and, if he pleads some previous engage- ment, he shall upon demand give the name and address of the person to whom he is so engaged together with the time and place of such engage- ment (b) punctually keep all his engagements, and shall not accept any engagement thatra previous engagement would pre- vent him from fulfilling; provided however, that, he shall not be com- pelled to accept any order from a person who owes him for a previous fare or service. 486 The Tcwn shall furnish every taxicab or limousine owner or driver with a tariff card and a copy of this By-Law. The tariff card shall be placed and kept by the person licensed, in or upon his vehicle, at such place as may be approved by an - Officer. 49. No owner or driver licensed hereunder shall use any tariff card, other than that obtained from the Town or remove, exchange, lend or otherwise dispose of the tariff card. 50. Taxicab or limousine plates or tariff cards defaced, lost or destroyed may be replaced by the Town upon the original card or plate being satisfactorily accounted for and, upon the payment of a replace- ment'fee fixed by the By--Law. iB 51. The tariff or rates herein authorized shall be computed from the time and place when and where the passenger first enters the taxicab or limousine to the time and place when and where the passenger finally discharges the taxicab or limousine. 52. The rates or fares to be charged by the owners or drivers of taxicabs within the Town, shall be as shown in Schedule "B' attached to and forming part of this By--Law. No higher or lower amount shall be charged or received in payment. 53. Every taxicab or lim?ousine owner licensed under this By-Law shall retain all trip records for a period of six (6) months and shall make these records available upon request `:o an Officer and shall, if requested, permit the removal of these records fror. the premizes where these records are usually kept or stored, and shall permit an Officer to retain these records for a reasonable period of time. 54. All open taxicab stands in the Torte, are to be ooen to any taxicab licensed under this By-Lac.. PART VI ADMINISTRATION 55. Upon receipt of an application for a licence under this By-Law, an officer shall obtain a report con- cerning the applicant from the Durham Regional Police Force and the Ministry of Transportation and Communications. 56. When an officer is satisfied that the issuance of a licence is in accordance with this By-Law and all other applicable legislation and is not adverse to the public interest, he may issue the licence or the renewal of the licence on behalf of the Council. 57. An Officer may refer any application to Council for its consideration where, in his opinion, the appli- cation does not comply with this By-Law. 58. If Council is satisf-ed that an applicant or a licensee is not properly qualified to obtain or hold a licence, it may direct the officer to with- hold t.ie issuance of a licence or direct that a licence be revoked. 59. Notwithstanding anything else contained in this By- Law, the Town shall suspend a taxicab or limousine owner's licence for any taxicab or limousine where there has been a failure to comply with section 23 and the suspension shall continue until there has been compliance with section 23. A 19 60. Failure to comply with any of the secticns of this By-Law, shall in the discretion cf an Officer, be sufficient cause for the suspension or revocation of a licence issued under this By-Law; but before revoking any licence, the holder thereof shall be given at least seven (7) days notice by registered mail or personal service to his address last known to the Town, and the licence holder shall be per- mitted either by himself or by his representative to appear before Council to show cause why he believes such licence should not be revoked-. 61. Upon suspension or revocation of a licence issued under this By-Law, the licensee shall return to the Town the licence and any plate issued by the Town in connection with the licence. No person shall refuse to deliver such licence or plate to an officer. An officer may, if necessary, remove any plate or licence issued by the Town. 62. Any person convicted of breach of this By-Law is liable to: (a) a fine of not more than $1,000.00, -;,cov- erabie under the Summary Convictions Act; (b) suspension or revocation of his licence; or (c) both (a) and (b). 63. No person employing any taxicab shall refuse, upon demand, to pay the fare or charge authorized by this By-Law. 64. The licence and transfer of licence fee for every taxicab or limousine driver, taxicab or limousine owner and taxicab or limousine broker shall be as indicated on Schedule "A" attached to and forminc part of this By-Law. 65. By-Laws 142/74 and 734/77 are hereby repealed. 66. This By-Law shall come into force and take effect on the 1st day of January, 1978. BY-LAW READ a first, second and third time and finally passed this 19th day of December , 1977. mayor ?i C rIeY, BY--:,:-_W 733/77 SCEE^ueZ E 'A' ORIGINAL LICENCE FEES Fee Per Calendar Year Licence Type or Part thereof 1. Taxicab or Limousine Driver's Licence $ 10.00 2. Taxicab or Limousine Owner's Licence '75(1.010 3. Taxicab or Limousine Broker's Licence 50.00 LZCENC?--' Fee nr-i. _.a1end-a r" Year, Licence Type c t th(>r0o 4. Taxicab or Limousine Driver's Licence "s.0 , tii) 5. Taxicab or Limousine Owner's Licence 10 , C;.' 6. Taxicab or Limousine Broker's Licence 00. r) 0 LICENCE REPLAC? FEES Licence Type see 7. Taxicab or Limousine Driver's Licence 5.00 8. Taxicab or Limousine Owner's Licence 10.00 9. Taxicab or Limousine Broker's Licence 50.00 OTHER PEES 10. Replacement Tariff Card $ 2.00 a BY-LAw 733/77 SCHEGCLE "B" TARIFF, OF RATES AND FARES A. DISTANCE CHARGES 1. For the first 230 meters (1;j7 mile) , or part thereof 2. For each additional 230 meters (1/7 mile), or part thereof 3. For waiting time while under engage- ment, for each minute B. OTHER CHARGES 1. Passengers - for each passenger in excess of four (4) 2. Trunks - for each trunk exceeding 0.1 cubic meters (3 cubic feet) volume 3. Luggage - for each piece not carried by passenger inside vehicle 4. Groceries - for each bag or carton loaded and/or unloaded by driver C. NOTES 1. Maximum total charge under 8.1, 2 and 3 shall not exceed $0.60 for any trip. 2. No charge is claimable or payable for the carriage of a wheel chair accomp- anying a handicapped person. S .70 .'_C .10 $ .25 .15 .15