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HomeMy WebLinkAboutCLD-022-10~j/~pIl REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: 2010-JULY-5 Resolution#: ~(~A-'~//G~/0 By-law#: aQ~O-09'y Report: CLD-022-10 File#: Subject• AMENDMENTS TO TAXI BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-022-10 be received; 2. THAT the by-law attached to Report CLD-022-10 be forwarded to Council for approval; and 3. THAT all interested parties listed in Report CLD-022-10 be advised of Council's decision. Submitted by: PLB/LDC ~2eviewed by: ~J~lru"-~--~-c~~ `ti-, Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-022-10 PAGE 2 BACKGROUND AND COMMENT Taxi operations within the Municipality of Clarington are governed by By-law 2005-205. There are currently four taxi companies operating; these are Blue Line Taxi, Bowmanville Taxi, Clarington Taxi and Deluxe Taxi. At the time of the By-law's passage rates were set with an allowance for minor increases each year. Each of the companies has been very conscientious about minimizing the effect of any increases on the public. These rates are now six years old and need to be updated, especially in view of the implementation of the Harmonized Sales Tax on July 1S`. A review of a sample of the taxi drivers revenue shows that they would be earning well below minimum wage if the tax change were to be absorbed by the drivers. The proposed increases will allow for a minor increase in the fares while still keeping the rates affordable. The current By-law allowed for variation in the fees and resulted in the occasional "fees war" between companies. While this may on the surface appear to benefit the public it was often done at the cost of the driver. The proposed amendment sets a firm fee structure that all companies MUST follow. The new Fee Schedule will see the "drop rate" raise from $2.80 to $3.00 and the travel rate go from 20¢ per tenth of a kilometre to 25¢. The optional $15.00 fee for remote locations is eliminated along with the luggage and grocery handling fees. The new fee schedule will reflect the fact that the meter rates include the HST. The current by-law does not speak to self directed calls for service; thus drivers are free to accept calls for service on their cell phones in preference to accepting Broker dispatched calls. This use of cell phones is a safety concern given the recent changes to the Highway Traffic Act in regards to cell phone use. It also directly impacts the broker's ability to effectively manage resources. The proposed amendment will restrict drivers to using their dispatchers REPORT NO.: CLD-022-10 PAGE 3 By making the Brokers responsible for the activities of their drivers it becomes part of their job to deal with complaints about the driver's conduct and demeanor. Included in the driver's responsibility is the new requirement that the driver have available change fora $20.00 so that customers are not shortchanged The renewal date for owner/broker and vehicles licences will move to March 315 at the companies' request. This is also at the end of the winter and before the demands of the summer restricts staff time. Staff have consulted with the taxi companies and they have indicated their support for the amendments. RECOMMENDATION Staff respectfully recommend that the attached by-law to amend the Taxi By-law be forwarded to Council for approval and that the interested parties listed below be advised of Council's decision. Attachments: Attachment 1 -Draft By-law to Amend By-law 2005-205 INTERESTED PARTIES Roy Williams Blue Line Taxi Gary Peters Bowmanville Taxi, Clarington Taxi Deluxe Taxi Attachment No. 1 to Report CLD-022-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON By-law 2010- Being a by-law to amend By-law 2005-205 being a by-law to licence, regulate and govern taxi and limousine businesses in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 2005-205. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: THAT By-law 2005-205 be amended as follows: (a) Section 2.10 is deleted in its entirety and replaced with the following: 2.10 Except as otherwise herein provided, licences shall be issued for a period of one year and shall come into effect on April 151 of each calendar year and expire on March 315` of the following year and the licence fee as set forth in Schedule "B" attached hereto and forming part of this By-law, shall not be reduced in the event that the first period for which the licence is issued is less than one year. (b) Section 14.1 is amended by adding thereto the following: dd) Every taxi driver shall ensure that he or she has in their possession at all times while on duty, sufficient money to be able to provide change fora $20.00 bill. (c) Section 14.2(r) is deleted in its entirety and replaced with the following use or permit to be used atwo-way radio, cellular phone or monitoring device in his taxicab which allows him to receive calls for service which have not been directed through the broker, or transmiUreceive any frequency of a taxicab broker licensed under this by-law, with whom he is not affiliated; Attachment No. 1 to Report CLD-022-10 (d) Section 15.1 is amended by adding thereto the following: o) Every Broker shall ensure that all taxi drivers working for his or her brokerage comply with all the requirements of this By-law. It shall be an offence for a Broker to permit a taxi driver to operate in a manner which does not comply with the requirements of this By-law. (e) Section 23.2 is deleted in its entirety and replaced with the following; 23.2 No owner or driver shall publish or use a tariff, or demand or receive rates and charges other than those authorized by this By-law. (f) Schedule "C" is deleted in its entirety and replaced with a new Schedule `C" attached hereto and forming part of this By-law. 2. This By-law shall come into full force and effect upon its final passage by Council. BY-LAW read a first and second time this day of , 2010 BY-LAW read a third time and finally passed this day of , 2010 MAYOR MUNICIPAL CLERK