HomeMy WebLinkAbout74-72
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AMENDED BY AMENDED BY AMENDED BY AMENDED BY AMENDED BY
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AMENDED BY AMENDED BY AMENDED BY
BY-LAW NUMBER 74-72 BY.LAW #~.:l?l.fiY.LAW ,l1.~9.1~av.l.Aw, 9' -CXS3
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THE CORPORATION OF THE TOWN OF :NEWCASTLE AMENDED BY AMENDED BY
BY.LAW ,~t7:.9.1!t.. BY-LAW #::t.t:'~9:i
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Being a by-law for licensing, regulating and governing tarl drivers, brokers and
taxi vehicle owners, buses, motor and other vehicles used for hire and for
establishing rates and fares to be oharged by the owners or drivers of such vehicles
for the conveyanoe of goods, passengers, either wholly wi thin the munioipality or to
any point not more than three miles beyond its limits, and for providing for
oolleotion of such rates or fares and for revoking arq such licences.
BE IT ENACTED AND IT IS HEBEBY ENACTED as a By-law of the Corporation of the Town
of Newoastle as follows:
DEFINITIONS
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1.
In this :By-law:
(a)
"Counoil shall mean the Counoil of the Corporation of the Town of
Newoastle;
(b) "Town" shall mean the Town of Newcastle;
(0) "Chief of Polioe" shall mean the Chief of Polioe of the Regional
Munioipali ty of Durham;
(d) "Town Clerk" shall mean the Clerk of the Corporation of the Town
of Newoastle;
(e) "Broker" shall mean a person who acoepts bookings for arq tarlcab or
limousine and suoh broker shall be lioensed as a broker notwithstanding
that suoh broker hold lioenoes for a vehiole or as a driver, but this
definition shall not be oonstrued to oonsti tute any person requiring a
lioenoe for acoepting fares while operating a vehiole;
(g)
"Drive-selt vehiole" shall mean a motor vehiole rented by the owner to
a hirer, which vehiole is placed in the hirer's oontrol and is to be
driven by him or by a driver supplied by him, but shall not include any
vehiole leased or kept for lease to one lessee for a period of a month
or more;
"Lioence" shall mean a lioence issued by the Counoil under the
provisions of this by-law;
(f)
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(h)
"Limousine" shall mean a motor vehiole which does not bear e:D7 identif-
ioation other than the Provinoial motor vehiole lioenoe, which does not
have a taximeter and which is kept or used for hire tor the oonveyance
of passengers solely on an hourly basis but shall not inolude a taxioab
in respeot for whioh a lioenoe has been issued under the provisions of
this by-law to the owner, a bus, an ambulanoe or a hearse;
(i) "Taxioab" shall mean a motor vehiole kept or used for hire for conveyance
of passengers, whioh vehiole has seating for not more than Beven persons,
but shall not inolude a limousine in respeot of whioh a lioenoe has been
issued to the owner thereof under the provisions of this by-law, a bus,
an ambulanoe or a hearse;
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"Ta.xim.eter" shall mean a meter instrument or device a.ttached to a taxi-
cab which measures mechanioally the distance driven and the wa.i ting time
upon which the fare is based;
"Manifest" shall mean a daily record prepared by a taxica.p driver of all
trips made by said driver showing time and place of origin destina.tion,
number of passengers, and the amount of the fare for each trip;
"Te.rl:ff Card" shall mean a card issued by the Council for displs\y in each
taxicab which contains the rates of fare then in force;
"Open Stand" shall mean a public place alongside the curb of a street or
elsewhere in the Town of Newcastle which has been designated by the Council
as reserved exclusively for the use of taxicabs;
"Cruising" shall mean the driving of a. taxioab on ~the streets, aJ.leys, or
public places of the Town of Newcastle in search of, or Bolici ting
prospeotive passengers for hiee;
(0) "Call Box Stand" shall mean a place alongside a street or elsewhere
where the Council has authorized a holder of a certificate of public
oonvenience and necessity to install a telephone or call box for the
taking of calls and the dispatching of taxioabs.
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DUTIES OF CHIEF OF POLICE
2.
The Chief of Police shall be charged with the enforcement of this by-law,
and in conneotion therewith shall do or cause to be done the following:
(a) Report to the Council whenever he shall be required by them to do so;
(b) Make all necessary enquiries in connection with the suspension and
revocation of licences, and report the same to the !'ow Clerk;
(c) Examine every vehicle and the necessary equipment thereof for which a
vehicle licenoe is applied for, and re-examine every vehiole from time
to time while lioenoe is in effeot, and report the ssme to the Counoil
whenever he shall be required by them to do so;
(d) Ascertain by inspection and enquiry from time to time or as often as
. ~ be required by the Counoil, whether or not the persons reoeiving
licenoes continue to comply with the provisions of this by-law;
(e) Proseoute all persons who shall offend against any of the provisions
(f)
of this by-law;
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At least twice a year make a careful inspection of all taximeters in
use in taxioabs to ensure that they are properly sealed and register
accurately, and take suoh other precautions as ms\y be deemed necessary
to prevent interference or tampering with the said meters or their
registration;
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(g)
Make all neoessary' enquiries and examine all applioants for lioenoes as
to their physioal-oondition, eduoation, employment reoord, personal
history, ability to operate a taxioab or a limousine to be used for hire,
their knowledge of the provisions of this by-law, the geography of the
Town and Provinoial and Munioipal traffio regulations, and report the
same to the Town Clerk.
Any of the duties of the Chief of Polioe lllB\Y be performed by members of
his staff, or persons un<mr his oommand or supervision, as he ~ require
from time to time.
DUTIES OF THE TOWN CLERK
3. The Town Clerk shall be oharged with the following administrative duties
in oonneotion with this by-law:
(a) Submit to Counoil applioations for lioenoes and all neoessary reports
pertaining thereto;
(b) Keep a register of all lioenoes granted by the Counoil whioh shall oontain
the name or names of the applioants, and the number of taxioa.bs or limous-
ines, if any, kept by each applioant for a. lioenoe, with full description
thereof, inoluding make, model, yea.r and oolour, the amount paid for the
1ioenoe and the date of the lioenoe, and suoh further particulars and such
other books as the Counoil Ina\V order;
(0) Furnish each person taking out a. 1ioenoe pursuant to the provisions of
this by-law with a oopy of the by-law and eaoh owner of a vehiole so lio-
ensed (save the owner of a. drive-self vehiole) with a ta.riff oard, and
eaoh driver so lioensed with a dri vera permit or other identifioation
mark with the number of the 1ioenoe shown theeeon.
LICENCES
4. (i)
Within the Town of Newoastle;no person shall:
(a.) Drive a taxioab or limou""ine without ha.ving a current valid lioenoe so
to do, issued under the provisiOns of this by-law and herein referred
to as a driver's 1ioenoe;
(b) Keep a taxioab for hire without having a current valid vehio1e lioenoe
so to do for eaoh vehiole kept, issued under the provisions of this by-
law and referred to herein as a taxioab vehiole licence;
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(c) Keep a limousine for hire without having a current valid licence so to
do, issued under the provisions of this by~law, and referred to herein
as a limousine owner's lioence;
(d) Keep a drive-self vehicle for hire without having a ourrent valid
lioenoe so to do, issued under the provisions of this by-law, and
herein referred to as a drive-self vehiole owner's lioence;
(e) Aot as a broker for any taxicab or limousine whether owned by himself
or not, without having a current licence so to do issued under the
provisions of this by-law, and herein referred to as a broker's licenoe;
(ii) The term of, and the fee for a lioence under the provisions of this by-
law shall be as follows:
( 1 ) Each vehiole
(2) Driver's licenoe inoluding
Temporary Driver's Licence
$ 20.00 annually
t. 10.00 two years
(3) Duplicate driver's permit
(4) Broker's lioence
::'5 1.00
~5 5.00 annually
APPLICATIONS FOR LICENCES
5. Applications for lioenoes and renewals shall be addressed to the Town
Clerk; and delivered to the offioe of the Town Clerk by the applioant upon
suoh fom or forms as may be presoribed by the Town, together with proof of
finanoial responsibility and suoh other evidenoe or material as required
by this by-law or by any general licensing by-law.
The Chief of Polioe
shall upon reoei ving a oopy of an applioation oarry out his duties as
prescribed by this by-law and by the Council and submit his reports to
the Town Clerk. Unless the Council otherwise directs, every applicant
for a driver's lioence shall submit with his application, four photographs
of himself taken wi thin six months of the date of applioa.tion; one of such
photographs shall be affixed to the drivers permit issued, the others shall
be filed with the Town Clerk.
6. Every applioant for the issue of a driver's lioence under the provisions
of this by-law shall file with their application a certificate of the
Durham Regional Health Unit Tuberculosis Clinic certifying that the
applicant has been tested wi thin fifteen dl3\Ys prior to the date of such
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applioation at the said Clinic and no driver's lioence shall be issued
unless such certificate is produced and filed.
The applicant for the issue of a driver's licence under the provisions of
this by-law m~ upon oompletion of his applioation request the issue of a
temporary lioence, and such request shall be submitted to the Town Clerk
who IIlB\V issue a temporary driver's lioence upon approval of the Chief of
Police. Suoh lioenoe, if issued, shall be valid for not more than sixty
d~s from the date of its issue, and if within that time the Counoil shaJ.l
have determined that no permanent lioenoe should be issued pursuant to the
applioation filed, the temporary lioence shall be deemed to be revoked and
of no further foroe or effect. The licencee under such temporar,y lioenoe
shall be subjeot to all the obligations and oondi tions impooed by this by-
law upon a holder of a driver's lioenoe.
Applioations shaJ.l be made for renewals for any lioenoes issued under the
provisions of this by-law on the same basis as the applioation made in the
first instanoe provideEl however, that the Town Clerk may issue suoh re-
newals without referring the applioation to Counoil.
PROOF OF FINANCIAL RESPONSIBILITY
8. No person shall be granted or hold a vehiole lioenoe for a taxioa.b or a
limousine or a drive-self vehicle owner's lioenoe unless the applicant
establishes and maintains in effect proof of finanoial respnsibili ty
oovering each vehiole in respeot of which a lioenoe is applied for, or
held by suoh applioant. Proof of finanoial responsibility shaJ.l be made
by depositing with the Town Clerk a oertified oopy of a current vaJ.id
policy of insuranoe, issued by a oompany authorized to do business in
Ontario, or by depositing with the Town Clerk a certifioate issued by such
company. The oertifioate shall set forth in detail the ooverage
effeoted by a ourrent valid policy of insuranoe, the name and address of
the person insured, the polioy, number, the effeotive date, the expiry
date, the limits of liability and the details of the motor vehlile covered.
The policy of insurance shall oarry an endorsement, partioulars of whioh
shall be set forth in the oertifioate if a oertifioate is filed in lieu
of a oertified oopy of the polioy, to the effeot that the insured has
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filed with the company an irrevocable waiver of the right to cancel the
policy of insurance without fifteen days prior notice in writing delivered
to the Company and that the Company undertakes before cancellation of the
policy of insurance, either by the Company or the insured, to deliver to
the Town Clerk fifteen days prior notice in writing of cancellation;
provided if the owner to whom any such vehicle licence is issued shall
deliver the same up for cancellation to the Licence Bureau in the office
of the Town Clerk of the Town of Newcastle. The Town Clerk shall issue
a wai. ver, addressed to the insurer and the insured, of the fifteen days
notice on cancellation of insurance in respect of the vehiole thereby
licenced, and tpereupon such licence shall be of no further foroe or
effect. Such insurance shaJ.l apply to the vehiole in respect of which the
licence is applied for or held by the applicant, and shall indemnify and
protect the owner and the public, including passengers carried in suoh
vehicle (other than passengers carried in drive-self vehicles) and shall
be in an amount no less than the amount of 350,000.00 (exolusive of interest
and costs) against loss or damage resulting from bodily injury to or
death of one or more persons, and loss of or damage to property, or such
other equi vaJ.ent insurance with such limits as may be approved by the
Council.
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REVOCATION OR SUSPENSION OF LICENCES
9. Licences ~ be refused or revoked by the Council in its discretion, and
it shaJ.l not be bound to give any reason for refusing or revoking any
licence. Notice of the revocation of any licence may be given by the
Council by registered letter mailed to the address given by the licencee
in his application for the licence, or by communication to the licencee
in any manner whatsoever, and upon such notice being so given, the licenoe
shaJ.l be revoked and be of no further effect.
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10.
'Whenever any complaint is made against the holder of a licenoe for a
breach of any of the provisions of this by-law then, unless the Council
otherwise directs, the lioence in question may forthwith be suspended by
Chief of Polioe at his discretion and remain suspended, and shall be of
no force or effeot until restored by the Council.
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QUALIFICATIONS
11 . No person shall be licensed under the provisions of this by-law:
(a) Who has been convicted of any criminal offenoe or any breach of the
Liquor Control Act until the Council has had placed before it all facts
pertaining thereto and thereafter authorized the issuance of a licence;
(b)
(c)
(d)
Who is under the 8€e of eighteen years;
Who is unable to speak, read and write the English language;
Who applies to be lioensed as an owner unless the vehiole in respect
of which the licence is to be issued is registered and lioensed for the
current year under the provisions of the Highw~ Traffic Aot of Ontario;
(e) Who applies to be licensed as a driver unless he is possessed of a
ohauffeur's licence for the then ourrent year issued under the provisions
of the Highw~ Traffic Aot of Ontario.
SEPARATE LICENCE FOR EACH VEHICLE
12. Every owner of more than one vehiole required to be licensed under the
provisions of this by-law shall hold a separa.te lioence for each vehicle
and no licenoe shall be transferable.
.ADDRESS OF LlCENCEE
13. Every person licensed under the provisions of this by-law shall, upon
changing his address, notify the Town Clerk in writing as to his new
address, within six dB\Vs of such change.
TARIFF .AND TARIFF CARDS
14.
The ra.tes of fares to be charged by the owners or drivers of taxicabs
and limousines (other than drive-self vehioles) for the conveyance of
passengers wholly wi thin the Town of Newcastle or to any point not more
than three miles beyond its limits, shall be exactly as shown in Tariff
"A" of this by-law, and no higher or lower amount than that contained in
the said Tariff shaJ.l be charged or payable, whether such rates and charges
are determined by distance or by time; provided an owner and a customer
IDB\Y enter into a contract, in writing, for services to extend for the
period of a year or more on runs between fixed points at an agreed Tariff,
but a duplicate original of such contract must first be filed with and
approved of by the Counoil. No owner or driver shall publish or use a.
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Tariff other than that authorized by the Council.
An owner or driver
licensed hereunder may operate a taxicab on an hourly basis at the
request of a passenger, and then only at the rate therefor fixed by
Tariff "A" of this by-law.
No owner or driver of a taxicab or limousine shall be entitled to recover
or receive any fare or charge from any person until he has drawn the
attention of the passenger to the Tariff card which shall be prominently
displ8\Yed in the vehicle at aJ.l times as provided in this by-law.
16. At the conclusion of a trip the driver ot a taxicab shall call the
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passenger's attention to the amount of the fare registered on the meter
and place the nag of the meter ioo non-recording position.
When a dispute arises with a passenger as to the fare, the driver or
owner in charge of the taxicab may refer the same to the Officer in
Charge, ~ham RegionaJ. Police Force? 77 Centre Street North, Oshawa,
and if the driver or owner was correct in the demand for fare made by
him, he may add thereto an amount equaJ. to the proper charge under Tariff
"A" for the distance travelled from the place where the dispute arose to
the police station.
Tariff cards or driver's permits defaced, lost or destroyed, ID8\Y be re-
placed by the Town Clerk upon the originaJ. tariff card or driver's permit
being satisfactorily accounted for, and in the case of driver's permit
upon the payment of ~~1.00.
Any person hiring a taxicab or limousine may require the driver thereof
to .ftnoni.sh him with a receipt for the fare or charge made and paid,
indicating thereon the place of pic...king up and Place of discharging of
any person and the mileage travelled and the driver shaJ.l promptly
furnish such receipt upon request.
The number of the owner's vehicle
issued under the provisions of this by-law, and the Provincial motor
vehicle licence number of the taxicab or limousine shall be indicated
thereon.
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EgUIPMENT AND MARKINGS
20.(i)
Every owner of a taxicab shall for each vehicle in respect of which he
holds a licence under the provisions of this by-law, provide and maintain
therein and thereon while such vehicle is operating as a taxicab, the
following equipment and markings g
(a) A plate if approved by the Council bearing an identifying number,
securely affixed to the back of the taxicab in a position approved by
the Chief of Police.
(b) The number of the plate referred to in sub-clause (a) painted on the
exterior sides of the taxicab in numbers at least two inches high and
of contrasting colour, all to the satisfaction of the Chief of Police.
( c ) The current tariff card supplied by the Town Clerk and bearing the
name of the owner of the taxicab and the number referred to in sub-
clauses (a) and (b) affixed in a position in the vehicle so that the
same is plainly readable by passengers in the back seat;
(d) A holder for the driver's permit so that the same is plainly readable
by passengers in the back seat as required by Section 30 (h) of this
by-law;
(e) An electric sign approved by the Chief of Police permanently and
securely affixed on the top of the taxicab? indicating that the
vehicle is a taxicab and the trade name under which it operates, or
the name of the owner or taxicab broker~ the electric sign shall be
illuminated at all times when the cab is for hire.
(ii)
Save as provided in sub-section (i), no owner or driver shall exhibit
on or about his taxicab any number, advertisement, sign or card except
his motor vehicle licence plates.
(iii)
No taxicab owner shall use or permit to be used any taxicab owned by
him. which simulates a colour scheme or emblem for which any other owner
is using and has registered with the Town Clerk.
TAXIMETERS
21. (1)
Every owner of a taxicab shall have affixed to each taxicab in respect
of which such owner is licensed a taximeter for registering distance
travelled, waiting time and computing the fares to be paid, and each
taximeter shall beg
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(a) Submitted for testing, inspoction and sealing at the request of the
Chief of Police.
The taximeter shall be tested before being sealed
by running the taxicab to which it is over a measured track or
distance of by such mechanical means as the Chief of Police may
e approve and by testing the timing device on an approved clock;
(b) Illuminated between dusk and dawn;
( c) Supported in a position above an':: clear of the dashboard, in plain
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view of the passengers;
(d) Adjusted in accordance with the rates prescribed by Tariff "A" of
this by-law;
(e) Used only when the seal thereon is intact;
(f) Used for not longer than six months without retesting and resealing;
(g) Kept in good working condition at all times;
(h) Numbered and not used until approved by the Chi""f of Police;
(ii) No taxicab shall be operated when the taximeter is out of order or
defective in any w8\Y.
22.
The owner or driver of a taxicab shall not operate such taxicab unless
and until the taximeter has been tested and sealed by a person
designated by the Council nor shall such owner or driver operate such
taxicab when the taximeter has been changed, repaired, altered,
tampered with or adjusted, unless and until such taximeter has been
subsequently so tested and sealed on behalf of the Council; provided
that if a meter has been repaired or altered by a person who carries on
the trade of repairing such meters or by an owner who customsrily
repairs his own meters, the owner or driver of the taxicab which the
repaired meter is affixed has in his possession a receipt or certificate
from the person who made the alterations or repairs giving the date,
time and nature thereof, the meter may be used by the owner or driver
if the offioe or premises of the person designated by the Counoil to
test the same is closed9 and such owner or driver first obtains from
the Offioer in Charge, Durham Regional Police Force, 77 Centre Street
North, Oshawa, an endorsement upon the receipt or certificate to such
effect.
Such endorsement shall be valid only until such time as the
office or premises of the person designated by the Counoil to test the
meter is again open.
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23. Subject to section 14 of this by-law, when a passenger first enters
the taxicab the flag of the taximeter shall be immediately placed in a
position to record. (Except when required to record waiting time as
defined in Tariff "A" hereto) and shall remain so placed throughout the
trip extends to a point three miles beyond the, limits of the Town of
Newoastle. The shortest possible route shall be taken to the desti-
nation if wi thin the said limit of three miles beyond the limi ta of the
Town, unless the passenger designates another route. If a trip extends
beyond such three mile! limit hereinbefore referred to, the driver and
passenger may agree before the start of the trip to a nat rate, but
the taximeter nag must remain in a recording position at all times wi thin
such limit.
MAINTENANCE OF RECORDS
24. The driver of a taxicab or limousine shall keep a daily record (here-
inafter referred to as a "Manifest") of all trips made by him, and
such record shall contain the following information:
(a) The Provincial motor vehicle licence number of the taxicab or limousine,
and the number of the taxicab vehicle licence or limousine vehicle
licence issued under the provisions of this by-law;
(b) The name, address and licence number of the driver;
(c) If a taxicab, the meter readings at the staxt and finish of each
working period;
(d) The date, time and location of the beginning and termination of each
trip, and number of passengers carried;
(e) The amount of the fare collected for El,ach trip;
(f) Every driver who drives a taxicab or limousine of which he is not the
owner shall, at the end of each day's tour of duty, deliver to the
owner a copy of the said manifest. The owner, if not licensed as a broker
shall file a copy of the manifest with the broker through whom he
operates within 24 hours of receipt of the manifesto
25.
When a broker dispatches or causes to be dispatched a driver upon a
trip, such owner or broker shall keep a record setting out the
following informationg
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(a) The Provincial motor vehicle licence number of the taxicab or
limousine and the number of the taxicab vehicle licence or limousine
vehicle licence issued under the provisions of this by~law;
(b) The da.te and time of dispatching;
(c) The name and licence number of the driverli
(d) The address to which such taxicab or limousine is dispatched.
Upon completion of the driver's daily work period the Ollner shall
record or cause to be recorded, if the vehicle is a taxicab, the meter
readings and the date and time the taxicab was returned.
The owner "rho hires a driver for a taxicab shall check the daily trip
record kept by the driver and shall require an entry for each trip
recorded on the meter.
At the expiry 01 his work shift a driver, other than the owner, shall
turn over to his employer all money received by him. as fares during
such shift? retaining if his working agreement so provides, any
amount which may be due to him for wages or commission :and an owner
shall give to each of his drivers at the expiry of the driver's work
shift a receipt showing the amount turned over to him by the driver.
The driver shall also turn the copy of his manifest over to his employer
without undue delEW and not later than one hour after the end of his
shift.
A copy of the manifest shall be filed with the broker dis-
patching the taxicab wi thin 24 hours.
(a) Every owner shall retain the records referred to in this by-law for
a period of time not less than twelve months ~ these reoords shall be
open to inspection by a police officer? by-law enforcement officer, or
any person authorized by the Council and may be removed and retained
by a police officer, by-law enforcement officer or the Council for
a reasonable time.
(b)
Every owner will keep on file a record of each driver's name and
address, telephone number? date of birth, taxi licenoe number, date
and length of service9 etc. and chauffeur's licence number.
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30.
Every driver licensed under this by-law shall:
(a) Mallle available his manifest and give full information thereof to any
police officer or by-law enforcement officer on being required so to do;
(b) Keep the interior and exterior of his taxicab or limousine clean and
in a state of good repair. Whenever the owner of any such taxicab
or limousine or his driver is notified by any police officer or by-
law enforcement officer of the Regional rfunicipali ty of ~ham that
such vehiole is not so kept ~ stating brieny the items complained
of, BUch owner shall? forthwith put the same in a fit and proper
condition and the polioe constable or by-law enforcement officer
shall report his action to the Chief of Police;
(c) Upon request of any passenger, give in writing his name, address,
licence number issued to him under the provisions of this by-law,
and the Provincial motor vehicle licence number of his taxicab or
limousine;
(d) Upon request of any police offioer or by-law enforoement offioer of
the Regional Municipality of ~ham provide full information a.s to
passengers carried;
(e) Punctually keep all his appointments and engagements and shall, while
on duty, unless his taxicab or limousine has been previously engaged,
serve at any place wi thin the Town and at any specified time, whether
by dS\V or night, any person who may lawfully require his taxicab or
limousine, and he shall not neglect to fulfill his appointment or
engageement? except for reasons beyond his control, and may if
unable to accept an engagement indicate to the person requesting his
services the period of time during which his vehicle will be engaged;
(f) Take due care of all property delivered or entrusted to him and
accepted by him for conveyance or safekeeping, and immediately upon
termination of any hiring or engagement, shall search his vehiole for
any property lost or left therein and all property or money left in
his taxicab or limousine shall be forth wi th delivered over to the
person owning the same, or if owner cannot be at once found, then to
the Officer in Charge, Durham Regional Police Force, 77 Centre Street
North, Oshawa, with all information in his possession regarding the
same;
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(g) Travel by the most direct route to the point of destination, unless
otherwise directed by the passenger~
(h)
Place his driver's permit in the holder hereby required in such a
e
manner so that the same is plainly visible to and readable by
passengers in the back seat;
(i)
'While on duty, be neat and clean in his person and displ8\r oonstantly
the driver's permit with the driver's licence number shown thereon
under the provisions of this by-law and permit any person to note the
driver's licence number shown thereon upon being requested so to do.
31 . No driver licensed under this by-law shall while in charge of a taxicab
or limousine g
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(a) Solici t any person to take or use his taxicab or limousine by calling
out or shouting; the person wishing to use or engage a taxicab or
limousine shall be left to choose without interruption or solicitation;
(b) Be under the influence of any intoxioant or take? consume or have in
his possession any intoxicant while in charge of a taxicab or
limousine, nor shall the use thereof by him. be apparent while he is
in charge of such vehicle;
(c) Obstruct the use of any sidewalk;
(d) Employ or allow any runner or other person to assist or act in concert
It with him in obtaining any passenger or baggage at any of the stands,
railway stations or elsewhere in the said Town of Newoastle;
(e) Carry in any vehicle used for hire a greater number of oocupants or
persons than that specified in the licence issued hereunder in respect
Iftt
of such vehicle;
(f) Induce any passenger to employ him by either knowingly, wantonly or
wilfully misinform~.l1R'^ mislp.~.dinp' o:r. ~.eI)Aiving' l;Iuch passenger as to
the time or place of the arrival or departure of any railroad train,
boat or other public conveyance, or the location or distance from any
part of the Town of any railway station or in any way insult, abuse or
ill-treat any passenger;
(g)
Permi t his taxicab or limousine knowingly to be used to transport persons
'-
to any disorderly house as defined by the Criminal Code, or to any place
where liquor is illegally sold or kept for sale;
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(h) Acoept any passenger other than the person that he was requested to
ca:rry by the passenger who has eng880d his servioes for the oommencement
e
of any trip without the consent of the passenger;
(i) Carry a.ny person while on duty or subject to call, other than the
person or persons employing his services;
(j) Knowingly allow any unlawful act or any disorderly conduct in his
taxicab or limousine;
(k) Allow a.ny person to be on a.ny exterior portion of his tSJdce.b or
limousine while the same is in motion;
(1) Overcrowd a public taxioab stand, nor back onto the same nor push or
displace a.ny taxicab already on the stand. A driver who wishes to enter
a public taxicab stand with his taxioab shall do so by taking his
.,
position at the end of any line formed by other taxicabs already on
the stand and when a driver is either first or seoond in line in such
stand, he shall remain in the driver's seat of his taxicab ready to
be hired;
(m) Drive a taxicab or limousine with luggage or other material piled or
placed in the vehicle in a manner that obstructs his view;
(n) When his taxioab or limousine is not employed, prevent or hinder a .
person authorized by the Council from entering the same or at any time
e
(0)
32.
.a (a)
prevent or hinder such person mm entering his gar. or other building
for the purpose of inspecting such vehicle;
Smoke while a passenger is being ca:rried by him.
Every owner shall, in respect of every taxicab or limousine for which
he holds a lioence under the provisions of this by-law;
Submi t his vehicle for examination prior to a lioence being issued for
the same, and at all other times as required by the Counoil or Chief
of Police;
l.
(b) Upon disposing of his vehiole the owner shall wi thin forty-eight hours
attend at the office of the Clerk and surrender the lioence held by
him in respect of such taxicab or limousine;
(c)
Take reasonable oare to assure that vehicles owned by him are in good
.
mechanical condition at all times.
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33.
No owner of a vehicle licensed under this by-law shall:
(a) Employ any person other than a driver duly licensed under this
by-law to operate his taxicab or limousine;
(b) Permit any taxicab or limousine to be driven under the authority of
a licsnoe issued to him. except that in respect of which the licence
has been issued;
(c) Require or permit any driver to be on duty more than twelve hours
in any period of twenty-four hours or for more than five consecutive
hours.
34.
Every taxicab broker shall:
(a)
Keep a record of ell owners and drivers operating taxicabs or
limousines in association with him, such record to show the number
of taxicabs or limousines operated by each owner, inoluding his name
and address and the number of the licence issued under this by-law in
respect of each;
(b) Submi t a report to the Town Clerk by the tenth d~ of each month, or
oftener, if requested, on the form provided by him, showing the
.
number of taxicabs or limousines which operated during the previous
month under agreement or contract with him, the number of dri vera
employed, the name and addresses of the owners and drivers, the make,
Provincial motor vehicle licence number of each vehicle used as a
taxicab or limousine.
(c) Make or cause to be made a daily inspection of all taxicabs or
limousines operated in association with him, making certain that they
(d)
are clean, properly equipped and identified, as required by this by-law;
:Before permitting a taxicab or limousine to be used, make certain that
every owner or driver associated with him is duly licences under the
law of the Province of Ontario and under this by-law;
(e) Notify the Town Clerk wi thin forty-eight hours whenever an owner or
driver changes addresses or terminates his association with him.
DRIVE-SELF VEHICLES
35.
No owner shall rent or hire a drive-self vehicle to any person or allow
any person to drive such vehicle who is not in possession of an operator's
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if.
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or chauffeur's licence, valid under the provisions of the Highway
Traffic Act of the Province of Ontario for the current year, and such
vehicle shall only be used by the hirer for his personal use, and
shall not be used by the hirer for transporting passengers for gain.
36.
Every owner of a drive-self vehicle shall keep a book or books of
record in which shall be entered the name, address and description of
the person or persons to whom the vehicle is rented; the number of
the operator's or chauffeur's licence held by such person or persons,
and the time and date when the vehicle was taken out and returned, and
all such books shall be open at all reasonable times for inspection by
any Police Constable or by-law enforcement officer.
37.
No 'owner shall lmowingly let or hire a drive-self vehicle to any
person under the innuence of an intoxicant or drug.
38. Every owner of a self-drive vehicle shall comply with the requirements
as to insurance as provided for other vehicles in Section 7 of this
by-law.
SCOPE
39. This by-law shall apply to brokers, owners and drivers of taxicabs and
limousines and to owners of self-drive vehicles which vehicles are
kept or used for hire in the Town of Newcastle.
The tariff hereunder
shall apply for the use of taxicabs and limousines wholly wi thin the
said municipality or to any point not more than three miles beyond
its limits.
PmrAmIES
40. Any person convicted on a breach of any of the provisions of this by-law
shall forfei t ~d pay at the d5.l'!cretion of the convicting Magistrate a
penalty not exceE'1.in{" (Exclusive of costs) the sum of Three Hundred
Dollars for each offence and such penalty shall be recoverable under
the provisions of the Summary Convictions Act as provided by the
Municipal Act.
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41.
Any By-law of. the former Township of Clarke, the former Township of
Darlington~ the former Town of Bowmanville and the former Village
of Newcastle not consistant with the provisions of this By-law
are hereby repealed.
By-law read a first time this 7th dayof
, 1974
, 1974
October
By-law read a second time this 7th
d8\Y of October
By-law read a third and finally passed this
:1.. (s./r d8\Y of (CfoJ--( ,1974.
~J~
MAYOR
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~ARIFF "All
BY DIST.Al'T@
One to Four PassenRers
for the first one-sixth (1/6) mile or part thereof
for each addi tionaJ. one-sixth (1/6) mile or part thereof
for waiting time while under engagement, for one (1) minute
for each add! tional passenger, adult or child (except babies
in arms) a nat charge of
BY TIME
for the first hour or part thereof
for each addi tionaJ. fifteen (15) minutes
OTBER_ CHAIiGES
for each trunk accompanying a passenger
for each piece of hand baggage handled by driver, in
excess of two (2) pieces
DRIVE-S~~-.-9AB
fOlZ 5~passenger cars, including oil and gasolinev per mi.
for 7-passenger cars, including oil and gasoline, per mi.
A copy of the above tariff shall be prominently displ~ed
in all taxicabs.
This by-law shall come into force and take effect on and after
the
day of
$ .80
$ .10
$ .10
$ .10
$8.00
t2.00
.
<~
~>
.50
$
.10
<~ 2,
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Passed by the Council of the Corpora~ton of the Town of Newcastle
this
day of