HomeMy WebLinkAboutCLD-30-04 REPORT 113
win REPORT
CLERKS DEPARTMENT
PUBLIC MEETING
Meeting: COUNCIL
Date: Monday, September 27, 2004
Report#: CLD-30 -04 File #: By-law #:
Subject: PROPOSED TAXI LICENCING BY-LAW
RECOMMENDATIONS:
It is respectfully recommended to Council::
1. THAT Report CLD-30 -04 be received;
2. THAT the proposed Taxi Licencing By-law be referred back to Staff for further processing
and the final presentation following the receipt of comments from all interested parties;
and,
3. That the interested parties listed in Report CLD-30-04 and any delegations be advised of
Council's decision.
Submitted by:. Reviewed b��J�'"`
ariell id t a C.M.O. CM III Franklin Wu,
eputy Clem Chief Administrative Officer
MKS/LC/kb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: CLD-30-04 PAGE 2
1.0 STATUTORY REQUIREMENT FOR MEETING
Section 150 of the Municipal Act, 2001 requires municipalities to hold at least one public
meeting prior to the passing of any licencing by-law. The meeting is to allow any
individual with concerns or comments on the proposed provisions of the by-law to have
their chance to be heard. Notices were placed in the local media over the past month
advising the public of the impending meeting.
2.0 BACKGROUND
Taxis and limousines serve a vital role in our society. They are relied upon to transport
people and goods from place to place within our community. There is great potential for
monetary and physical harm to the public from an unlicensed, unregulated taxi/limousine
industry. Through the licencing of these companies, vehicles and their drivers, the
Municipality strives to ensure the safety of its citizens using these vehicles. The
imposition of uniform tariffs and fees for service protects the consumer from possible
fraud from an unscrupulous operator.
The current Taxi By-law was passed in October 1974 with only minor amendments over
the years. The Municipal Act, 2001 now requires that any licencing by-law will expire 5
years after it was enacted or within 5 years of the passage of the new Act. This requires
the municipality to continually review and update its by-laws.
3.0 STAKEHOLDERS NOTICE
In March of this year Staff met with the taxi owners for a preliminary discussion of the
proposed changes to the By-law. A second meeting occurred on August 17t'. Their
concerns were discussed and, where possible, issues have been addressed. On August
24"' a series of ads were placed to run weekly in the local media to advise the public of
the upcoming Public Meeting. The taxi owners were also advised of this meeting. A copy
REPORT NO.: CLD-30-04 PAGE 3
of the draft by-law was made available to the public at the Clerk's Department counter on
September 13th.
4.0 STAFF COMMENTS
The proposed by-law has expanded on some of the existing licence requirements and
recognized the reality of the current marketplace. Currently the Municipality does not limit
the number of taxi cabs or companies. The proposed by-law sets a cap of one taxi for
every 1,500 of population. The standard in Southern Ontario is anywhere from one for
every 1,000 to one for every 1,500. The number of drivers has never been an issue and
the by-law will not limit the number of Driver's licences issued.
The age of the vehicles has been a source of concern. In the past there have been
municipally licensed taxis which were over 12 years old. The requirement for annual
safety inspections has reduced that number. Many municipalities have established age
limits on their cabs of between three and seven years. Recognizing that cabs in
Clarington do not get subjected to the mileage that those in larger urban centres do, staff
are recommending a cap of eight years old for taxis, with an extension in the first year of
the by-law to allow older cabs currently licensed for 2004 to continue into 2005.
In the current by-law, an applicant for a licence who had any Criminal or driving record
could not be licensed unless approved by Council. In some cases, people with minor
Criminal records over several years old still had to apply to Council for approval for a
licence. The proposed by-law will allow the Municipal Clerk to make a determination for
licencing if the record is over seven years old and is minor in nature.
Council will also have the authority to place restrictions or conditions on any applicant's
licence which do not apply to all other licence holders.
REPORT NO.: CLD-30-04 PAGE 4
5.0 LICENCING FEES
Perhaps the most contentious issue in the new by-law is that of licence fees. Section
150(9) of the Municipal Act states:
The total amount of fees to be charged for licensing a class of business shall not
exceed the costs directly related to the administration and enforcement of the
by-law or portion of the by-law of the municipality licensing that class of
business.
When originally enacted in 1974 licencing fees were as follows:
Vehicle owners $20.00 per year
Broker/business owner $ 5.00 per year
Drivers $10.00 for 2 years
In 1996 this increased to:
Vehicle owners $25.00 per year
Broker/ business owner $20.00 per year
Drivers $20.00 for 2 years
At the time the desire was to keep the costs as low as possible. None of these fees
reflect the actual costs of administration and enforcement of the by-law. Over the years
staff have taken a more active role in monitoring and enforcing the requirements of the
by-law. This has resulted in increased costs to the municipality.
When setting the fees for this by-law, staff relied on a formula established through the
Association of Municipal Managers, Clerks and Treasurers of Ontario's Municipal
Licensing Project Team. The formula allows the Municipality's licensing fees to truly
reflect the Municipality's costs of creation and enforcement of its licencing by-laws.
REPORT NO.: CLD-30-04 PAGE 5
The costs are established using information drawn from our current level of involvement
in enforcing the Taxi By-law and from the time required to research, assess and draft the
proposed by-law. The formula relies on salary information for various municipal staff and
is attached to this report under separate cover.
As a result of the cost analysis formula, the new licence fees reflect, for the first time, the
Municipality's actual costs. All licences are now valid for one year only, with no reduction
if purchased part way through the year. Driver's licences will continue to expire on the
anniversary of their issuance however they will also now be valid for one year only. A
copy of the cost analysis is attached for Council's reference.
Under the terms of the new by-law the costs, based upon a total number of available
licences on the one per 1500 ratio, will increase as follows:
Vehicle owner $ 44.00 per year
Broker/ business owner $316.00 per year
Driver $105.25 per year
While this is a significant increase in the first year staff have compared the licencing costs
of various municipalities in the area and report our findings:
MUNICIPALITY BROKER VEHICLE OWNER DRIVER REVIEW
Uxbridge $ 100.00 $ 25.00 Under review
Brock $ 500.00 $ 50.00 Under review
Scu o $ 100.00 $ 25.00 Under review
Pickering $1,000.00 $1,000.00 $ 100.00 being revised
Ajax $ 100.00 $ 15.00 being revised
Whitby $ 100.00 $ 100.00 $ 75.00 current
Oshawa $ 75.00 $ 200.00 $ 70.00 current
Cobourg $ 30.00 Status unknown
Port Hoe $ 10.00 Status unknown
Kawartha Lakes $ 100.00 $ 50.00 $ 20.00 bein revised
Peterborou h $1,000.00 $1,000.00 $ 100.00 under review
REPORT NO.: CLD-30-04 PAGE 6
Those municipalities noted as under review will be amending their by-laws within the next
two years. Those "being revised" are in process now and it is anticipated that the fees in
those municipalities will be increasing.
6.0 CONCLUSIONS
The purpose of this report is to satisfy the requirements of the Public Meeting under the
Municipal Act. After hearing the comments received, it is respectfully recommended that
this report be referred back to Staff for further processing and the preparation of the final
version of the by-law which will then be brought back to Council for approval.
Attachments:
Attachment 1 cost calculations (confidential report circulated under separate cover)
Attachment 2 proposed by-law
List of interested parties to be advised of Council's decision:
Blue Line Taxi Renaissance Executive Limousine
Roy Williams— General Manager 70 Clayton Cres
1573 Highway#2 Bowmanville, Ontario
Courtice, Ontario L1C 4N8
LIE 3K2
557074 Ontario Ltd, O/A Deluxe Taxi Khaled Saleh
38 Orchard Park Drive 867 Darwin Drive
P.O. Box 325 Pickering, Ontario
Bowmanville, Ontario L1X 2P7
L1C 3L1
Newcastle Taxi Mr. Limo Transportation Service Inc.
1330 Church Street 108 Bonnycastle Dr
Newcastle, Ontario Bowmanville, Ontario
1_16 11_6 L1C 4W6
REPORT NO.: CLD-30-04 PAGE 7
Clarington Cab
194 Church Street
Bowmanville, Ontario
L1 C 2Y5
Joe's Bowmanville Taxi
169 King Street East
Bowmanville, Ontario
L1C 1N9
CONFIDENTIAL REPORTS
✓ Council
REPORT NO. CLD-30-04
(Attachment 1 Only)
Resolution#:
By-law#:
DATE OF REPORT: September 27, 2004
Attachment 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-
INDEX
Section Paae#
DEFINITIONS... ... ... ... ... ... ... 2
1.0 LICENCE REQUIRED ... ... ... ... ... ... 4
2.0 PROCEDURES ... ... ... ... ... ... ... 5
3.0 RENEWALS ... ... ... ... ... ... ... ... 6
4.0 LICENCE FEES ... ... ... ... ... ... ... 7
5.0 DUPLICATE LICENCE ... ... ... ... ... ... 7
6.0 PARTNERSHIPS, CORPORATIONS AND
UNICORPORATED ASSOCIATIONS ... ... ... ... 7
7.0 INSPECTIONS DURING REASONABLE TIMES ... ... ... 8
8.0 NO TRANSFER ... ... ... ... ... ... ... 8
9.0 NO VESTED RIGHT ... ... ... ... ... ... ... 8
10.0 REVOCATION AND SUSPENSION ... ... ... ... ... 8
11.0 APPLICATION FOR TAXICAB/LIMOUSINE OWNER LICENCE ... 9
12.0 APPLICATION FOR TAXICAB/LIMOUSINE BROKER LICENCE ... 10
13.0 APPLICATION FOR TAXICABILIMOUSINE DRIVER'S LICENCE ... 10
14.0 DUTIES OF TAXICAB DRIVERS ... ... ... ... 11
15.0 DUTIES OF TAXICAB BROKERS ... ... ... ... ... 15
16.0 DUTIES OF TAXICAB OWNERS ... ... ... ... 17
17.0 DUTIES OF LIMOUSINE OWNER ... ... ... ... ... 19
18.0 DUTIES OF LIMOUSINE BROKER ... ... ... ... ... 21
19.0 DUTIES OF LIMOUSINE DRIVER ... ... ... ... ... 21
20.0 USE OF TAXICAB FOR SCHOOL TRANSPORTATION ... ... 23
21.0 PARCELS AND DOCUMENTS ... ... ... ... 24
22.0 MODEL YEAR RESTRICTION ... ... ... ... ... 24
23.0 RATES AND FEES ... ... ... ... ... ... ... 24
24.0 NOTICE OF CHANGE OF INFORMATION ... ... ... ... 25
25.0 GENERAL PROVISIONS ... ... ... ... ... ... 26
26.0 OFFENCE AND PENALTY ... ... ... ... ... ... 27
SCHEDULE"A"-LICENCEREQUIREMENTS ... ... ... 28
SCHEDULE"B"-LICENCE FEES ... ... ... ... ... ... 29
SCHEDULE"C"-TARIFF RATES ... ... ... ... ... ... 30
2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-
Being a by-law to licence, regulate and govern
taxi and limousine businesses
in the Municipality of Clarington
and to repeal by-law 74-72
WHEREAS section 150 of the Municipal Act, 2001 S.O. 2001 c. 25, permits
municipalities to pass by-laws to licence, regulate and govern taxi and limousine
businesses;
AND WHEREAS, except as otherwise provided, a municipality may only exercise
its licencing powers under this section, including imposing conditions, for one or
more of the following purposes—health and safety, nuisance control consumer
protection;
AND WHEREAS Council desires to ensure the safety and economic protection
of consumers using a taxi or limousine,
NOW THEREFORE The Council of the Corporation of the Municipality of
Clarington enacts as follows:
DEFINITIONS:
"Broker"shall mean a person who accepts bookings for any taxicab or
limousine and such broker shall be licensed as a broker
notwithstanding that such broker hold licenses for a vehicle or as a
driver, but this definition shall not be constructed to constitute any
person requiring a license for accepting fares while operating a vehicle;
"Clerk" means Municipal Clerk of the Corporation of the Municipality of
Clarington or the Deputy Clerk acting in place of the Clerk;
"Committee" means the General Purpose and Administration
Committee of the Council of the Corporation of the Municipality of
Clarington;
"Council"means the Council of the Corporation of the Municipality of
Clarington;
"His"shall be read with such changes of number or gender as the
context requires;
"Limousine"shall mean a motor vehicle which does not bear any
identification other that the Provincial motor vehicle license, which
3
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 license has been issued under
the provisions of this by-law to the owner, a bus, an ambulance or a
hearse;
"Manifest"shall mean a daily record prepared by a taxicab driver of all
trips made by said driver showing time and place of origin, destination,
number of passengers and the amount of the fare for each trip;
"Municipality"shall mean the Corporation of the Municipality of
Clarington;
"Owner"in reference to a Taxicab or Limousine shall mean the
individual(s)or corporation who owns a Taxicab or Limousine and is
licensed as such or is required to be licensed as such under this
by-law"
"Passenger"means any person occupying a Taxicab or Limousine
other than the driver."
"Person" includes an individual, a sole proprietorship, a partnership, an
unincorporated association, a trust, a body corporate,a natural person,
and"Persons"has a corresponding meaning;
"Tariff Card"shall mean a card issued by the Municipality for display in
each taxicab which contains the rates of fare then in force;
"Taxicab"shall mean a motor vehicle kept or used for hire for
conveyance of passengers, which vehicle has seating for not more
than seven people, but shall not include a limousine in respect of which
a license has been issued to the owner thereof under the provisions of
this by-law, a bus, an ambulance or a hearse;
"Taximeter"shall mean a meter instrument or device attached to a
taxicab which measures mechanically the distance driven and the
waiting time upon which the fare is based;
"Taxi Owner"means a person who is the registered Owner of
the motor vehicle according to Ministry of Transportation documents
and who holds legal title to one or more Taxicabs.
4
"Trip Record"means a record of the following information:
a) Provincial Motor Vehicle Permit Number of the Taxicab;
b)Taxicab plate number
c) name, address and Licence number of the driver
d)taximeter readings at the start and finish of a Taxicab
Driver's shift;
e)date, time and location of the beginning and termination of
each trip, including any stops requested by a passenger an
route; and
f) amount of the rates and fares collected for each trip."
1.0 LICENSE REQUIRED
1.1 This by-law is enacted In order to ensure the safety of the public using
taxis or limousines, to protect them from unscrupulous or illegal practices
and create a fair and equitable business environment for all persons
covered by this by-law.
1.2 For every licence class set out in Schedule"A"attached hereto and
forming a part of this by-law,there shall be taken out by every person
carrying on business within such class a license from the Municipality
authorizing him to carry on his trade and no person shall, either directly or
indirectly, carry on business within such class, either for profit or not, for
which a license is required by this by-law without first having obtained a
license therefore. Failure by such a person to comply with this section
constitutes an offence.
1.3 A person who receives a license pursuant to this by-law must comply with
the regulations set out in this by-law and all other schedules to this by-law,
as applicable. Failure to comply with the regulations in the applicable
Schedule(s)constitutes an offence.
1.4 An agent,trustee or representative of persons carrying on business within
one of the classes as listed in Schedule A attached hereto and forming a
part of this by-law, in the Municipality for which a license is required shall
also be personally liable for the compliance of his principal, beneficiary or
persons he represents in connection with this by-law. Failure by such a
person to comply with this section constitutes an offence.
1.5 No licence as provided for in this by-law may be issued to any person
under the age of 18 years.
1.6 Every applicant, other than a corporation,for a licence as provided for in
this By-aw shall be able to read, speak and write the English language.
5
2.0 PROCEDURE
2.1 Any person required to obtain a license pursuant to this by-law shall apply
in writing on the appropriate application form as provided by the Clerk and
shall deposit with the Clerk, at the time of application, an application fee of
$10.00 for each business classification as well as any required approvals,
inspections or documentation required by the provisions of this by-law or
the Schedules or any other requirements as deemed necessary by the
Clerk.
2.2 The Clerk may require affidavits in support of an application.
2.3 The Clerk shall not issue a license or renewal of a license until:
a) All required approvals and inspections have been obtained by the
applicant;
b) Required documentation has been provided; and
c) Business license fee have been paid in full.
2.4 The Clerk, upon receipt of the application for a license may make, cause
to be made, or request, any additional documents, investigations or
inspections to be made in respect of such application for a license as the
Clerk deems appropriate or in the interest of the general public, and any
costs incurred for such inspections or documents shall be at the
applicant's expense.
2.5 If the investigation discloses that:
a) the applicant's premises or place of business are the subject of an
Order To Comply made under the Property Standards By-law, or an
order made under current building codes or discloses non-
compliance with the Zoning By-law or any parking requirements of
the Corporation;
b) the applicant's premises or place of business requires corrective
action to an order of the Fire Chief to ensure the fire safety;
c) the applicant is incompetent in a manner that affects the safety,
health or welfare of the public;
d) the applicant has been found to have discriminated against a
member of the public contrary to The Human Rights Code;
e) the applicant if financially obligated to the Municipality in some
manner other than for current taxes;
f) the applicant is in breach of this or some other Municipal by-law or
law of Ontario or Canada;
g) the applicant has been convicted or an offence pursuant to a similar
by-law in another municipality; or
6
h) the applicant has a prior Criminal record for which he has not
received a Pardon,the Clerk shall deny the application.
2.6 Notwithstanding section 2.5(i), if more than seven years have elapsed
since the final disposition date of the Criminal Record, and it is, in the
opinion of the Municipal Clerk,of a minor nature,the Municipal Clerk may
approve the application.
2.7 An applicant who has been denied a license by the Clerk pursuant to
Section 2.5 may request that his application be heard by Council, which
may, in its discretion, issue the license in question. Upon request,the
Clerk shall refer the matter to the Council.
2.8 Council shall hold a hearing in the presence of the applicant, and the rules
in Section 10 apply with necessary modifications.
2.9 In considering an application under Section 2.6, Council may impose any
conditions it sees fit as a requirement of obtaining, continuing to hold or
renewing a license, including any condition which would otherwise
contravene any other provisions of the By-law.
2.10 In the case of the renewal of al licence where an applicant has had to
appear before Council for approval previously, if all facts and conditions
are the same, the Clerk may renew the license.
2.11 Except as otherwise herein provided, licenses shall be issued for a period
of one year and shall come into effect on January 1 of each calendar year
and expire on December 31 of the year issued and the license fee as set
forth in Schedule"B"shall not be reduced in the event that the first period
for which the license is issued is less than on calendar year.
2.12 Any licence referred to in section 2.10 above not renewed by February
281h shall, upon renewal, be subject to a late renewal surcharge of 15%of
the cost of the licence.
3. RENEWALS
3.1 Applications for renewal of a license issued pursuant to this by-law shall
be submitted in the same form and manner as a new application and the
application process shall be as set out in Section 2 of this by-law.
3.2 Notwithstanding Section 3.1,where a license has been issued as a result
of a decision of Council, if all the relevant facts and conditions have
remained the same, the Clerk may issue the license.
4.0 LICENSE FEE
4.1 The fee for obtaining a license or renewal of a license shall be as set out
in Schedule"B"of this by-law. In the event that a license is revoked or
suspended, no license fee is refundable.
5.0 DUPLICATE LICENSE
5.1 A duplicate license may be issued by the Clerk to replace any license
previously issued which has been lost, stolen or destroyed, upon written
application by the licensee and upon payment of a fee as set out in
Schedule"B".
6.0 PARTNERSHIPS AND CORPORATIONS AND UNINCORPORATED
ASSOCIATIONS
6.1 A partnership, corporation, association or combination thereof shall be
considered as a single applicant.
6.2 On any application by a partnership, the license shall be issued in the
name under which business is carried on by the applicant.
6.3 An application by a partnership shall include a statutory declaration in
writing, signed by all the members of the partnership which shall include
the mailing address of the partnership, the full names and addresses of
the ordinary residences of all partners and a declaration that the persons
therein listed are the only members of the partnership.
6.4 Any application by a corporation shall state the full name or names under
which it carries on or intends to carry on ownership of the business and
shall contain copies of the articles of incorporation or other incorporating
documents.
6.5 An application by a corporation shall include a statutory declaration in
writing, signed by an officer of the corporation which shall state the full
names and addresses of the officers and directors of the corporation.
8
6.6 A change in composition of the members of a partnership or in the officers
and/or directors of a corporation shall be reported to the Clerk within
fifteen days. Failure to comply with this section constitutes an offence.
7.0 INSPECTIONS DURING REASONABLE TIMES
7.1 The Clerk,the Chief of Police, the Medical Officer of Health, the Fire
Chief, a Municipal Law Enforcement Officer or any person acting under
these persons or any person authorized by Council may at reasonable
times during business hours inspect;
(a)any premises or place where a trade which is subject to this by-law is
carried on or any such person has reasonable or probable grounds to
believe such a trade is being carried on,
(b) any goods, equipment, books records or documents used or to be
used by the applicant or licensee under this by-law.
7.2 It constitutes an offence for any person to obstruct or permit the
obstruction of such inspection as described in section 8.1.
8.0 NO TRANSFER
8.1 It constitutes an offence for any person to transfer or assign to any other
person, a license issued under this by-law.
9.0 NO VESTED RIGHT
9.1 No person shall enjoy a vested right in the continuance of a license and
upon issuance, renewal, cancellation or suspension,the license shall
remain the property of the Municipality.
10.0. REVOCATION AND SUSPENSION
10.1 Council may revoke, suspend, impose any conditions upon, or refuse to
issue or renew any license to any person under this by-law.
10.2 The Clerk is authorized to suspend any license issued to any person
under this by-law pending a review by Council.
10.3 Council may, in exercising the discretion mentioned in Section 10.1,
consider any matter raised under paragraph 2.5 or any other matter that
relates to the general welfare, health or safety of the public.
9
10.4 Hearing by Council:
a) A Notice of Hearing shall be mailed to the applicant at least fifteen
(15)days prior to the date of the Hearing advising the applicant of
the date, place and time fixed for such hearing. Such Notice shall
be sent to the last known address of the applicant and to any other
person who has applied to be heard with regard to this matter.
b) At such hearing Council shall receive a written report from the Clerk
and from such other officers or employees of the Municipality who
may be involved in the matter being considered by Council.
c) Council shall not make a decision under Section 13.1 without first
affording the person or applicant the opportunity to be heard before
the Council.
d) After such opportunity to be heard is afforded the person or
applicant, Council may make any decision in respect of which the
hearing was held or the opportunity for hearing afforded without
holding a further hearing or affording further opportunity for a
hearing in such matter.
e) Where the Council conducts a hearing in respect of any matter in
this subsection, the rules set out in The Statutory Powers
Procedure Act shall apply to Council in the exercise of its power of
decision in respect to such matter.
10.5 Where Council has exercised it authority under section 10.1, the decision
of Council shall be binding only on the licence as issued for the
Municipality and shall not be deemed to affect a licence as issued by
another municipality pursuant to section 16.5.
11.0 APPLICATIONS FOR TAXICAB/LIMOUSINE OWNER'S LICENSE
11.1 Al applicants for an taxi or limousine Owner's Licence shall include;
a) A valid Motor Vehicle Safety Standards Certificate issued by an
authorized agent under Ministry of Transportation regulations for
the vehicle to be licenced.
b) Current valid Ministry of Transportation Drive Clean Emissions
certificate of compliance.
c) Proof of Ownership of the vehicle to be licensed.
d) Certificate of Insurance showing that said Owner has a current
Ontario Standard Automobile policy of insurance providing for third
party liability of at least one million dollars ($1,000,000.00)
insurance coverage for the use designated in the licence;and
shall be endorsed by the issuer that the Municipality will receive at
least 10 days written notice prior to any cancellation, expiration or
variation in the amount of the policy. The certificate shall set forth
in detail the coverage of the current valid policy of insurance, the
10
name and address of the person insured, the policy number, the
effective date,the expiry date,the limits of liability and the details of
the motor vehicle covered.
e) a properly completed application form.
11.2 In respect of vehicles using propane or natural gas fuel, a certificate from
a person duly qualified to provide such a certificate dated not more than
30 days prior to the approved licence application date.
11.3 In respect of an accessible vehicle, a certificate from a qualified person to
the effect that the equipment which renders the licensed vehicle an
accessible vehicle is safe and in proper working order, such a certificate
dated not more than 30 days prior to the licence application date.
11.4 In order to be licenced as a taxicab a vehicle must have more than 2
passenger seating capacity and maximum seating is 6 exclusive of the
driver.
12.0 APPLICATION FOR TAXICAB/LIMOUSINE BROKER LICENSE
12.1 All applications for a Brokers Licence shall include:
a) Proof of bonafide business location within the Municipality of
Clarington,such location to comply with all relevant municipal by-
laws,
b) Criminal Information Request check dated not more than 30 days
prior to the application date,
c) List of all Owners with which the applicant has any arrangement or
agreement for accepting calls for service,
d) the applicant shall be at least 18 years of age to be licensed under
the provisions of this section,
e) a properly completed application form.
12.2 The applicant shall satisfy the issuer that he is able to provide 24 hour
taxicab service to the public for each day of the year.
12.3 The applicant shall satisfy the issuer that he can provide an adequate
legal parking space for every vehicle he operates or has operating in
respect of his business. Such location shall comply with all relevant
municipal by-laws and other applicable legislation.
13.0 APPLICATION FOR TAXICAB/LIMOUSINED RIVEFVS LICENSE
13.1 All applications for a driver's licence shall include;
II
a) A valid Ontario Driver's Licence issued to the applicant.
b) A Certificate dated 30 days or less before the date of application,
from a duly qualified medical practitioner, stating that the applicant
is physically and mentally capable of operating a taxicab/limousine
and is free from communicable diseases.
c) An original Driver's Record Search issued by the Ministry of
Transportation which is dated 30 days or less before the date of
application.
d) An original Criminal Information Records check, dated not more
than 30 days prior to the application date.
13.2 The applicant shall have a minimum of two years Class 'G'driving
experience prior to applying for a Taxicab driver licence.
13.3 Every driver shall be able to speak, read and write the English language.
14.0 DUTIES OF TAXICAB/LIMOUSINE DRIVERS
14.1 Every driver shall;
a) at all times when driving a Taxicab, display his Municipal Driver's
Licence in the holder provided in the vehicle;
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, and to carry said licence with him
at all times while operating a cab;
c) notify the Municipal Clerk within 7 days of any criminal or Highway
Traffic Act related charges or convictions;
d) maintain the interior and exterior in good repair and keep the taxi-
cab in a clean and sanitary condition at all times;
e) keep the interior of the vehicle(including the trunk)free from dust,
dirt, grease, oil, coffee,tea stains and other similar conditions;
f) keep the interior of the vehicle free from any item which can be
transferred onto the person, clothing or possessions of a passenger
by incidental contact;
g) keep the exterior of the vehicle free from dust, dirt, grease, oil, or
any other substance besides water or snow which can be
transferred onto the person, clothing or possessions of a passenger
by incidental contact;
h) keep the interior of the vehicle free of any material a reasonable
person would find noxious or unpleasant;
i) before operating the Taxicab on any day, examine it for mechanical
defects and interior or exterior damage and report forthwith any
defects or damage found to the Owner;
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j) ensure the Taxicab is equipped with a functional extra tire wheel
and jack for use on that vehicle;
k) keep a daily Trip Record of all trips made by him in any Taxicab,
said record to be kept in English and completed in ink and in legible
handwriting, printing, or typing;
1) completely record information showing time and place of origin,
destination, number of passengers and the amount of fare
sequentially for each trip; trip record shall be completed
immediately upon the conclusion of a trip and prior to the
commencement of the next trip;
m) upon completion of discharging his last passenger
(i) return the Taxicab to the Owner and report all accidents and
any apparent mechanical defects or damage to the Owner;
and
(ii) deliver to the Owner the Trip Record.;
n) Unless his Taxicab has been previously engaged at any place
within the Municipality and at any specified time,whether day or
night, serve the first person who may require the service of his
Taxicab, and if he pleads a previous engagement he shall upon
demand give the address of the person to whom he is so engaged
together with the time and place of such engagement, provided that
in the event a licensed Taxicab driver has a disability or impairment
and is unable to service the fare due to the disability of impairment;
in which event the driver shall make proper arrangements for the
servicing of the fare before proceeding to his next fare;
o) Upon the request of the passenger provide a receipt showing the
amount of the fare paid, the municipal vehicle plate number and the
date;
p) be at liberty to refuse service to any person who:
i) is intoxicated or disorderly; or
ii) refuses to give his destination; or
iii) is in possession of an animal, other than a working
dog
iv) is eating or drinking any food or beverage
v) is, in the opinion of the driver, unable or unwilling to
pay the fare and has been unable to satisfy the driver
that he has the funds to pay the fare
vi) refuses to extinguish a cigarette, cigar, or pipe
vii) or he has reasonable concerns for his safety;
provided that such driver immediately records his
reason for such refusal on his daily trip record.
q) render such assistance as may be necessary so that the passenger
may enter or leave the Taxicab, in the event the assistance of more
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than one person is required,the driver shall not be required to carry
such person;
r) be civil and behave courteously;
s) be properly dressed and well groomed, neat and clean in
appearance;
t) follow the shortest route to the destination requested by a
passenger unless otherwise directed by the passenger;
u) keep a current street guide or map of the Municipality and
surrounding area in his cab;
v) turn off any radio, tape player or any other sound producing device
in his Taxicab, save and except a 2 way radio or cellular phone
used for dispatch purposes, upon being requested to do so by any
passenger, and having done so, shall leave such device in the off
or turned down position until termination of the trip with the
passenger;
w) deliver all property or money found in his cab immediately to the
Owner thereof, if the Owner cannot be located immediately,to the
nearest police station;
x) upon the request of a passenger, activate the air-conditioning or
heating system;
y) while having care and control of a licenced vehicle, shall not permit
any other person, other than another driver licenced under this by-
law, to operate the motor vehicle;
z) produce to a Municipal Law Enforcement Officer or Police Officer,
upon demand, his driver's licence issued pursuant to this by-law;
aa) produce to a Municipal Law Enforcement Officer or Police Officer,
upon demand, his driver's licence issued by the Province of
Ontario;
bb) transport one person or group of persons in the same party for a
specific trip and charge only one fare for said trip;
cc) ensure vehicle is used only as a taxicab and is not as a limousine
unless otherwise licenced under the provisions of this by-law.
14.2 No Driver shall;
a) carry in any Taxicab a greater number of passengers than the
manufacturer's rating of seating capacity of such Taxicab;
b) drive a Taxicab with luggage or other material piled or placed in or
on the Taxicab in a manner that obstructs his/her view;
c) obstruct or allow to be obstructed, by anything, the view of the
Taximeter flag or light from the outside of the Taxicab;
d) drive any Taxicab unless the Owner has been issued a licence
pursuant to this by-law;
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e) take on additional passengers after the Taxicab has departed from
any one starting point except at the request of the passenger(s) in
the cab or the person who hired the taxi;
fl smoke in a taxi at any time;
g) permit anyone to smoke in a taxi;
h) take, consume, or have in his possession any alcohol, drugs or
intoxicants while he is in charge of a Taxicab for which he is the
driver;
i) drive a Taxicab which does not have an Owner's plate/permit
affixed to it;
j) recommend hotels, restaurants or other similar facilities unless
requested to do so by the passenger;
k) operate a Taxicab when the Taxicab meter does not operate
properly;
1) induce any person to engage his vehicle by any misleading or
deceiving statement or representation to that person about the
location or distance of any destination named by the person;
m) recover/receive any fare or charge from any person to whom he
has refused to show the tariff card;
n) make any charge for time lost through defects or inefficiency of the
vehicle or incompetence of the driver;
o) make any charge for the time elapsed due to early arrival of the
vehicle in response to a call for the vehicle to arrive at a fixed time;
p) engage the Taxicab meter prior to passenger(s)entering vehicle
q) charge a tariff that is not in accordance with Schedule C of this
by-law;
r) use or permit to be used a two-way radio or monitoring device in his
Taxicab which allows him to transmit/receive any frequency of a
Taxicab broker licensed under this by-law,with whom he is not
affiliated;
s) operate an accessible Taxicab without first having obtained training
in the proper operation of the equipment or in the special needs of
disabled passengers;
t) operate a Taxicab which is not equipped with operational seatbelts;
u) operate a Taxicab unless seatbelts are clearly visible to or may be
conveniently used by a passenger;
v) operate a Taxicab unless it is equipped with fully functional air-
conditioning and heating systems;
w) while waiting for hire or engagement, park on any highway;
x) operate a licenced Taxicab that is not insured as required by this
by-law;
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y) prevent or hinder a Municipal Law Enforcement Officer or any other
person authorized by this by-law from entering the licenced vehicle
for the purpose of inspecting the vehicle or its equipment;
z) operate a Taxicab equipped with a scanner;
aa) obstruct the use of any sidewalk;
bb) use any abusive or offensive language;
cc) park,stop or otherwise stand the taxicab in a prohibited area.
14.3 If at any time the Taxicab driver's photograph is not a reasonable likeness
of the driver because of physical changes, the passage of time, or poor
quality photograph, the Clerk may require the driver to attend the
Municipal Office and to be rephotographed for the purpose of issuing a
replacement Licence.
14.4 The Clerk may, at any time, require a licensed driver to provide him with
an updated certificate, prepared by a duly qualified medical practitioner,
attesting as to whether or not the licensee is physically fit and able to
operate a Taxicab.
14.5 The driver of an accessible taxicab which has been duly licenced to
operate in more than one municipality shall ensure that no tariff other than
that permitted under the authority of this by-law is charged for any trip
originating within the Municipality of Clarington.
15.0 DUTIES OF TAXICAB BROKER
15.1 Every Taxicab Broker shall:
a) maintain an office within the municipality,from which the Taxicab
brokerage can be operated legally pursuant to the provisions of the
Municipality's Zoning by-law of the time;
b) require all Taxicab Owners who have entered into agreements with him
for the provisions of Taxicab brokerage services, to use the same design,
shape and color scheme of roof sign, the same vehicle color scheme and
to attach to each front door of the Taxicab the same identifying decal
which shall include the name of the broker, in a form approved by the
Municipality, and shall produce and file a sample of the roof sign and
identifying decal with the Municipality;
c) carry on the Taxicab brokerage business twenty-four(24)hours a day
during the term of his licence, unless otherwise directed by council;
d) keep a record of each Taxicab dispatched on a trip, the time and date of
receipt of the order, and the pick-up location and retain these records for
a period of at least 12 months; said records to be kept in English and
completed in ink and in legible handwriting, printing,or typing;
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e) produce the records described in Section 15.1(d) upon the request of a
peace officer;
f) when volume of business is such that service will be delayed to a
prospective customer, the broker shall inform the customer of the
anticipated length of the delay, before accepting the offer;
g) dispatch a Taxicab to any person requesting service within the
Muncipality, unless the person has not paid for a previous trip and these
facts are verified by the broker;
h) carry on business only in the name in which he is licensed;
i) at the request of the Clerk, provide a list showing the number of Taxicabs
available for service to the public on any particular day, including the
times when each such Taxicab went on the road and the time when it
was last available for service on that day and also including the number
of dispatched calls serviced by each such Taxicab;
j) keep engagements, and shall not accept any engagement which would
prevent him from fulfilling a previous engagement;
k) accept calls for, and dispatches calls to licensed Taxicabs and drivers
only;
1) ensure that any taxicab operated by him is driven for the transportation
exclusively of one person or group of persons in the same party and that
only one fare is collected.
15.2 No Broker Shall:
a) accept orders for, or in any way dispatch or direct orders to a Taxicab
i) when the activity would be illegal under another municipal
Taxicab or similar licensing by-law; or
ii) when the fare is less than permitted under this by-law;
b) accept orders for, or in any way dispatch or direct orders to a Taxicab,
the Owner of which is not licensed under this By-law, for a pick-up
location within the Municipality;
c) dispatch or direct orders for a parcel delivery to a Taxicab driver
unless the driver first agrees to make the parcel delivery;
d) require any driver to accept any order necessitating the expenditure of
money, by the driver, on behalf of the customer;
e) make any charge or financial demand, directly or indirectly, of a
Taxicab Owner or lessee of a Taxicab, other than dues;
f) charge a tariff or enter into an agreement to charge a tariff,which is
not in accordance with this by-law,
g) use a scanner to obtain business;
h) Use or permit a colour scheme other than that authorized for his
brokerage.
i) Use or permit the use of a vehicle as a taxicab other than a vehicle
licenced under the provisions of this by-law;
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j) Employ or permit the employment of any person as a taxicab driver
who is not authorized to do so under the provisions of this by-law.
16.0 DUTIES OF TAXICAB OWNERS
16.1 Every Owner of a licenced Taxicab shall;
a) affix securely to each licenced vehicle owned by him, in the position
approved by the Municipality,the licence platetpermit supplied by
the Municipality bearing the licence identification number;
b) ensure that such licence platelpermit remains so affixed,or if such
plate/permit is removed or lost, shall report the removal or loss to
the Municipal Clerk and obtain and affix a replacement platelpermit
issued by the Municipality;
C) use the same approved design, shape and color scheme of roof
sign and attach to each front door of the Taxicab an approved
identifying decal which shall include the name of the broker with
whom the owner has entered an agreement for the provision of
Taxicab services;
d) paint or affix securely on both sides of the Taxicab the number of
the licence plate issued by the Municipality, in contrasting colors, in
numbers at least 15 centimeters high;
e) display at all times, in a conspicuous place in the vehicle, a current
tariff card issued by the Municipality;
f) submit his licenced vehicles for examination or inspection any time
when required by the Municipality;
g) investigate immediately, any mechanical defect in his licenced
vehicle reported to him by a driver or any other person;
h) affix a taximeter, to register distances traveled and time elapsed
and compute fares to be paid, in a conspicuous place in the
Taxicab, such place to be approved by the Municipal Clerk;
i) submit any taximeter for testing, inspection and sealing by such
person as the Municipality may designate at the times required by
that person;
j) ensure taximeter is illuminated between sunset and sunrise;
k) adjust the taximeter in accordance with rates prescribed from time
to time by the Municipality;
1) maintain the taximeter in proper working order with current set rates
as set out in Schedule"C";
m) affix a sign on the roof of the Taxicab indicating the vehicle is a
taxicab;
n) install and maintain in proper working order a roof light that turns off
when the meter is activated, or alternatively, a dashboard light that
turns on when the meter is activated, both of which lights must be
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installed so that they are clearly visible to persons outside the
Taxicab;
o) comply with subsection 6.2.7 of the Ontario Fire Code respecting
inspection,testing and maintenance of portable extinguishers;
p) ensure Taxicab is equipped with a well stocked first aid kit and
ensure said first aid kit is kept supplied with first aid
equipment/materials;
q) ensure Taxicab is equipped with seatbelts in proper working
condition;
r) ensure seathelts are plainly visible to and may be conveniently
used by a passenger;
s) advise the Municipality of any change in any licence plate issued by
The Ministry of Transportation within 10 days ;
t) ensure that such vehicle is used only as a taxicab and is not used
as a limousine unless otherwise licenced under the provisions of
this by-law;
u) remove from his vehicle the roof light, radio, telephone number, all
decals or other brokerage markings of the broker he is leaving and
return to the broker he is leaving all business cards and other
equipment belonging to the broker;
v) once the licenced vehicle is no longer being used as a taxicab,
return the Municipal licence plate/permit to the Municipality.
16.2 No Owner of a licenced Taxicab shall:
a) permit a vehicle to be operated if the vehicle or its equipment is
unsafe;
b) permit a vehicle to be operated unless it is insured as required by
this by-law;
c) permit any person, other than a licenced driver employed by him, to
operate his licenced vehicle;
d) permit any person, other than a driver licenced pursuant to the
provisions of this by-law, to operate his licenced vehicle;
e) prevent or hinder The Municipal Clerk, The Chief of Police or any
person acting under these persons or any person authorized by
Council from entering the vehicle owned by him for the purpose of
inspecting the vehicle;
f) permit a vehicle in respect of which a mechanical defect has been
reported to him to be operated until he has inspected and ensured
that the mechanical defect, if any, has been corrected;
g) permit the vehicle to be operated while there is scanning
equipment in the vehicle;
h) permit a vehicle to be operated unless it is equipped with an extra
tire and wheel for that vehicle, ready for use;
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i) permit vehicle to be operated unless the interior and exterior of the
vehicle are clean and in good repair;
j) permit vehicle to be operated unless the vehicle and equipment are
free from mechanical defects;
k) permit any form of advertising on the Taxicab;
1) permit the operation of a Taxicab unless a fire extinguisher in
proper working order is securely mounted in a place readily
accessible to the driver;
m) permit a Taxicab plate/permit which has been issued for a specific
vehicle to be affixed to another vehicle;
n) permit a Taxicab to be used unless seatbelts are plainly visible and
may be conveniently used by passengers;
o) permit a Taxicab to be operated unless it is equipped with fully
functional air-conditioning and heating systems;
p) put any name, address or telephone number or identification other
than that of himself or the taxicab broker,with whom he is affiliated,
on his taxicab or roof sign;
q) display or permit the display of any sign, emblem, decal, ornament
or advertisement, on or in his taxicab other than one which
identifies the taxicab company.
16.3 Notwithstanding any other provision of this by-law, owners of accessible
taxicabs may apply to licence their accessible vehicles in more than one
municipality.
16.4 An owner of an accessible taxicab as referred to in section 16.3 shall be
required to comply with all the regulations as set out in this by-law prior to
becoming licenced for operation in the Municipality.
16.5 The granting of a licence to an accessible taxicab by another municipality
shall not be construed as authority to operate within the Municipality
without having first obtained a licence from the Municipality.
17.0 DUTIES OF LIMOUSINE OWNER
17.1 Every Owner of a licensed Limousine shall:
a) Affix securely to each licenced vehicle owned by him, in the
position approved by the Municipality,the licence plate/permit
supplied by the Municipality bearing the licence identification
number;
b) Ensure that such licence plate/permit remains so affixed, or if such
plate/permit is removed or lost, shall report the removal or loss to
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the Municipal Clerk and affix a duplicate or replacement
plate/permit issued by the Municipality;
c) Submit his licenced vehicles for examination or inspection any time
when required by the Municipality;
d) Investigate immediately, any mechanical defect in his licenced
vehicle reported to him by a driver or any other person;
e) Report any change of his business or residence address to the
Municipality within 5 days of the change;
f) Ensure the limousine is equipped with a well stocked first aid kit
and ensure said first aid kit is kept supplied with first aid equipment
and materials;
g) Once the licenced vehicle is no longer being used as a limousine,
return the Municipal licence plate/permit to the Municipality.
17.2 No Owner of a licensed Limousine shall;
a) permit a vehicle to be operated if the vehicle or its equipment is
unsafe;
b) permit a vehicle to be operated unless it is insured as required by
this by-law;
c) permit any person, other than a licenced driver employed by him, to
operate his licenced vehicle;
d) permit any person, other than a driver licenced pursuant to the
provisions of this by-law to operate his licenced vehicle;
e) prevent or hinder The Municipal Clerk, The Chief of Police or any
person acting under these persons or any person authorized by
Council from entering the vehicle owned by him for the purpose of
inspecting the vehicle;
f) permit a vehicle in respect of which a mechanical defect has been
reported to him to be operated until he has inspected and ensured
that the mechanical defect, if any, has been corrected;
g) permit vehicle to be operated unless it is equipped with an extra tire
and wheel ready for use on that vehicle;
h) permit vehicle to be operated unless the interior and exterior of the
vehicle are clean and in good repair;
i) permit vehicle to be operated unless the vehicle and equipment are
free from mechanical defects;
i) permit any form of advertising on the Limousine;
k) permit the operation of a Limousine unless a fire extinguisher in
proper working order is securely mounted in a place readily
accessible to the driver;
1) cause or permit a limousine to be equipped with:
a) a two way radio or other device capable of receiving
calls for service other than a cellular phone for safety,
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b) a meter for registering distance traveled or computing
fares to be paid, or
c) illuminated roof lights;
m) solicit,at or in any public place, any person to take said limousine
or hold out said limousine as being available for the conveyance of
any person.
18.0 DUTIES OF LIMOUSINE BROKER
18.1 Every Limousine Broker shall:
a) maintain an office within the municipality, from which the Limousine
brokerage can legally be operated pursuant to the provisions of the
Municipality's Zoning by-law of the time;
b) keep a record of each Limousine hire,the time and date of receipt
of the order, and the pick-up location and retain these records for a
period of at least 12 months; said records to be kept in English and
completed in ink and in legible handwriting, printing, or typing;
c) produce the records described in Section 8.1(b)upon the request of
a peace office;
d) carry on business only in the name in which he is licensed;
e) keep engagements, and shall not accept any engagement which
would prevent him from fulfilling a previous engagement.
18.2 No Limousine Broker Shall:
a) accept orders for, or in anyway direct orders to a Limousine when
the activity would be illegal under another municipal Limousine or
similar licensing by-law;
b) accept orders for, or in any way direct orders to a Limousine, the
Owner of which is not licensed under this By-law, for a pick-up
location within the Municipality;
c) Require any driver to accept any order necessitating the
expenditure of money, by the driver, on behalf of the customer;
d) Make any charge or financial demand, directly or indirectly, of a
Limousine Owner or lessee of a Limousine, other than dues;
e) Use or permit the use of a vehicle as a limousine other than a
vehicle licenced under the provisions of this by-law;
f) Employ or permit the employment of any person as a limousine
driver who is not authorized to do so under the provisions of this by-
law.
19.0 DUTIES OF LIMOUSINE DRIVER
19.1 Every Limousine Driver Shall;
a) at all times when driving a Limousine, display his Municipal Driver's
22
Licence in the holder provided in the vehicle;
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, and to carry said licence with him
at all times while operating a cab;
c) maintain the interior and exterior of the vehicle in good repair and
keep the Limousine in a clean and sanitary condition at all times;
d) keep the interior of the vehicle(including the trunk)free from dust,
dirt grease, oil, coffee, tea stains and other similar conditions;
e) keep the interior of the vehicle free from any item which can be
transferred onto the person, clothing or possessions of a passenger
by incidental contact;
f) keep the exterior of the vehicle free from dust, dirt, greese,oil, or
any other substance besides water or snow which can be
transferred onto the person, clothing or possession of a passenger
by incidental contact;
g) keep the interior of the vehicle free of any material a reasonable
person would find noxious or unpleasant;
h) 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 the Owner;
i) ensure Limousine is equipped with an extra tire wheel and jack ,
ready for use on that vehicle;
j) keep a Trip Record of all trips made by him in any Limousine;
k) completely record information showing time and place of origin,
destination, number of passengers and the amount of fare
for each trip;trip record shall be prepared immediately upon the
conclusion of a trip;
1) return the Limousine to the Owner and report all accidents and
any apparent mechanical defects or damage to the Owner; and
deliver to the Owner the Trip Record;
m) be at liberty to refuse service to any person who:
i) is intoxicated or disorderly; or
ii refused to give his destination; or
iii) has in his possession an animal, other than a working
dog; or
iv) is eating or drinking any food or beverage; or
v) is, in the opinion of the driver, unable or unwilling to
pay the fare and has been unable to satisfy the driver
that he has the funds to pay the fare;
vi) refuses to extinguish a cigarette, cigar, or pipe;
vii) or has reasonable concerns for his safety;
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n) render such assistance as may be necessary so that the passenger
may enter or leave the Limousine, in the event the assistance of
more than one person is required, the driver shall not be required to
carry such person;
o) be civil and behave courteously;
p) be properly dressed and well groomed, neat and clean in
appearance;
q) notify The Municipal Clerk within 7 days of any criminal or Highway
Traffic Act charges or convictions.
19.2 No Limousine Driver shall;
a) carry in any Limousine a greater number of Passengers than the
manufacturer's rating of seating capacity of such vehicle;
b) drive a Limousine with luggage or other material piled or placed in
or on the vehicle in a manner that obstructs his/her view;
c) drive any Limousine unless the Owner has been licenced by the
Municipality;
d) smoke in a limousine at any time;
e) permit anyone to smoke in a limousine;
f) take, consume, or have in his possession any alcohol, drugs or
intoxicants while he is in charge of a limousine for which he is the
driver;
g) drive a limousine which does not have an Owner's plate/permit
affixed to it;
h) recommend hotels, restaurants or other similar facilities unless
requested to do so by the passenger;
i) make any charge for time lost through defects or inefficiency of the
vehicle or incompetence of the driver;
j) make any charge for the time elapsed due to early arrival of the
vehicle in response to a call for the vehicle to arrive at a fixed time.
20.0 USE OF TAXICAB FOR SCHOOL TRANSPORTATION
20.1 Nothing in this by-law will prevent a licenced Taxicab from another
Municipality from transporting children to and from school within
Clarington if they have been contracted by a local school board to do so.
20.2 The Owner and/or driver of a licenced Taxicab shall,while the taxi is being
used for the transportation of children to or from school, observe and
comply with the following regulation:
a) no child shall be permitted to stand while the taxi is in
motion;
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b) the cab shall carry on the front and at the rear thereof signs
clearly and visibly displaying the words"School Vehicle" in
black letters on a white or yellow background;
c) the signs referred to in paragraph (b)shall be carried only
when the Taxicab is actually engaged in transporting
children to and from school and shall be removed when the
taxi is engaged in any other business;
d) the rates contained in the tariff schedule shall not apply to
taxis being used for the transportation of children to or from
school.
21.0 PARCELS AND DOCUMENTS
21.1 A driver of a Taxicab may carry parcels, letters or documents without
carrying a passenger at the same time provided that:
1) the driver maintains the taximeter in the Taxicab driven by
him, in operation throughout the trip;
2) the driver takes the shortest possible route to the
destination;
3) the driver charges the amount of the fare registered on the
meter and;
4) no passenger is accepted by the driver after he has been
engaged to deliver such parcel, letter or document.
22.0 MODEL YEAR RESTRICTION
22.1 Effective January 2005, no motor vehicle shall be used as a taxicab
unless the year date of such vehicle is 5 years or less than the licencing
year.
22.2 Notwithstanding Section 22.1 above, a motor vehicle which is licenced to
operate as a taxicab or limousine on December 31s, 2004 may continue to
be operated and licenced until December 31s'2006, provided it meets all
other licensing requirements as set forth in this by-law.
23.0 RATES AND FARES
23.1 The rates or fares to be charged by the Owners or drivers of Taxicabs
shall be as shown in the Tariff Table in Schedule C,which is attached
hereto and forms part of this by-law.
23.2 No Owner or driver shall publish or use a tariff, or demand or receive rates
and charges greater than those authorized by this by-law.
zs
23.3 Notwithstanding Section 23.2 the licencee and a customer may enter into
a written contract for services to extend for a period of one year or more
on runs between fixed points at an agreed tariff, but a duplicate original of
such contract must first be filed with the Municipality prior to the contract
taking effect.
23.4 Notwithstanding Section 23.2 the licencee may offer a maximum 10%
discount of the approved taximeter fares to senior citizens or the
physically/mentally handicapped.
23.5 When a passenger first enters a Taxicab which is equipped with a
taximeter, the driver shall immediately place the said taximeter in an
operating position and maintain it in operation throughout the trip.
23.6 If a call extends beyond the limits of the Municipality of Clarington, the
driver and passenger may agree before the start of the trip to a flat rate,
but the driver shall maintain the taximeter in operation at all times within
The Municipality of Clarington.
23.7 At the conclusion of the trip the driver shall call the passenger's attention
to the amount of the fare registered on the taximeter and place the
taximeter in a non-operating position.
23.8 The tariff or rates herein authorized shall be computed from the time when
or place at which the passenger(s)first enter the cab to the time when or
place at which the passenger(s)finally discharge the cab.
23.9 Every driver shall keep and maintain at all times at least$20.00 in a
combination of bills and coins of denominations less than $20.00, such
that change may be provided to passengers of the cab.
24.0 NOTICE OF CHANGE OF INFORMATION
24.1 A licensee shall carry on business in the Municipality in the name which is
set out in the licence and shall not carry on business in the Municipality in
any other name unless he has first notified the Municipal Clerk and
complied with Section24.2.
24.2 When a licencee changes the name or address or any information relating
to the licence, he shall notify the Municipal Clerk within five(5)days of the
26
change of information relating to the licence and shall return the licence
immediately to the Municipal Clerk for amendment.
24.3 When the licencee is a corporation and there is any change in the
information as set out in the application for licence, such as the names or
addresses of the officers or directors, the location of the corporate head
office, the licencee shall report the change to the Municipal Clerk within
ten (10)days thereof and if required by the Municipal Clerk, the licence
shall be immediately returned to the Municipal Clerk for amendment.
25.0 GENERAL PROVISIONS
25.1 Every person licenced under this by-law shall be familiar with the
provisions of this by-law.
25.2 There shall not be more than one taxicab owner's licence issued for each
one thousand five hundred(1500) persons residing in The Municipality of
Clarington. The ratio is to be calculated based upon the last available
census as published by Statistics Canada.
25.3 In order to be eligible for renewal of a taxicab owner's licence, the owner
must be able to show that the vehicle was operated as a taxicab for an
average of at least 35 hours per week for a minimum of 25 weeks per
year.
25.4 All provisions of this by-law relating to limousines shall apply equally to
both sedan limousines and stretch limousines.
25.5 The Municipal Clerk may delegate their duties and responsibilities as set
out in this by-law to a designated person.
25.6 Should any provision of this by-law be declared by a court of competent
jurisdiction to be invalid, the remaining provisions shall remain in effect
unfit repealed.
25.7 By-law 74-72 and its amendments are hereby repealed.
25.8 This by-law shall come into full force and effect upon final passage by
Council.
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26.0 OFFENCE AND PENALTY
26.1 Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as set forth in The Municipal
Act 2001, (S.0. 2001 c. 25).
26.2 In addition to any other penalty provided for in this by-law, Council may
suspend or revoke any licence or impose special conditions not applicable
to all other persons holding a licence, as a requirement of continuing to
hold or renew the said licence.
By-law read a first and second time this day of 2004.
By-law read a third time and finally passed this day of 2004.
Mayor
Municipal Clerk
2s
SCHEDULE A
LICENCING TABLE OF REQUIREMENTS.
Licence Class Fee Requirements For Licence
Owner • valid Motor Vehicle Safety Standards Certificate
Limousine/Taxi . Ministry of Transportation Drive Clean Emissions
Certificate for the current year
. propane/natural gas certificate(if applicable)
. proof of Ownership of vehicle
• Current Certificate of Insurance showing third party
liability of at least$1,000,000 for the use
designated in the licence
• Properly completed application form
• Accessible vehicle-certificate certifying accessible
equipment
(where applicable)
Broker Proof of bonafide business location within
Limousine/Taxi Municipality
• Criminal Information Request check
• List of all owners with whom there is an
agreement/arrangement for calls for service
• Must be at least 18 years of age
• Satisfy issuer that he is able to provide 24 hour
service
• Satisfy issuer that he can provide adequate parking
for every vehicle
• Properly completed application
Driver . Valid Ontario Driver's Licence
Limousine/Taxi • Medical certificate
• Class"G"Driver's Licence
• Minimum 2 years driving experience as Class"G"
driver
• Driver's Record Search
• Criminal Record Check
. Properly completed application
• 2 pieces of identification,one of which must be a
valid driver license
29
SCHEDULE B
FEES SCHEDULE
FOR TAXIS AND LIMOUSINES
ALL LICENCES ARE VALID FOR ONE YEAR ONLY
OWNER/BROKER $316.00
VEHICLE $44.00
REPLACEMENT PLATE $10.00
DRIVER $105.25
REPLACEMENT LICENCE $20.00
30
SCHEDULE C
TAXI TARIFF SCHEDULE
.DROP RATE................................................................................$2.60
****for the first 1/10"kilometer or part thereof
FOR EACH ADDITIONAL 1 110th KILOMETER OR PART THEREOF......$0.16
WAITING TIME WHILE UNDER HIRE PER MINUTE.............................$0.45
EACH PERSON IN EXCESS OF FOUR...............................................$0.40
****excludes children 8 years of age and under flat rate
BAGGAGE. DOCUMENTS, PARCELS
WHEEL CHAIRS AND SIMILAR DEVICES................................NO CHARGE
HAND BAGGAGE INSIDE CAB...............................................NO CHARGE
BAGS AND CARTONS CONTAINING GROCERIES
"* IF LOADED AND UNLOADED BY DRIVER- PER PIECE........$0.10
**"TO A MAXIMUM OF.....................$0.30
CHARGES FOR TRUNKS AND OTHER ITEMS NOT COVERED BY THIS
TARIFF SHALL BE AGREED UPON AT THE COMMENCEMENT OF THE TRIP
FOR DELIVERY OF ANY PARCEL, DOCUMENT,OR THING WHERE NO
PASSENGER IS CARRIED.....MINIMUM CHARGE PER TRIP..............$5.00
OTHERWISE REGULAR TARIFFS APPLY
G.S.T. INCLUDED IN ALL RATES
IT IS AN OFFENCE TO CHARGE MORE THAN THE ABOVE
TARIFFS
CONCERNS REGARDING SERVICE CAN BE MADE BY
CALLING
THE MUNICIPALITY OF CLARINGTON AT
905-623-3319 EIITENSION 239
f)
Attachment 111 to Report CLD-30-04
Attachment # 1 CONFIDENTIAL
CLARINGTON Trade Licencing
Licence Fee Cost Calculation Worksheet
Licence Category: TAXI/LIMOUSINE
Preparation of By-law
Step Average Time per Position Rate of Pay Cost /Step
Task in hours Assigned
Research Issues 20120 MLEO/MMLEO $26.431$36.84 528.401 TOTAL
737.80J $1266.20
Consult with Business 616 MLEO/MMLEO $26.431$36.84 158.58) TOTAL
Group 221.341 $379.92
Legal Review `"""" '"'""""""' *" 0
Prepare Report/By-law 48 MMLEO $36.89 $1770.72
Review Report/By-law 3 MCLK $54.19 $162.57
Format Report/By-law 1.5 C1k1 $17.52 $26.28
Review and Approval •5 MCLK $54.19 $27.10
Report Authorization 1.2525 CAO $88.46 $108.38
Prepare Agenda 2525 CLK1 $17.52 $4.43
Attend Meeting 2 MMLEO $36.89 $73.78
Infrastructure costs """"""""" 0
Total Preparation Costs $5590.10
Administration
Step Average Time per Position Rate of Pay Cost /Step
Task in hours Assigned
Initial application inquiry .1667 CLK1 $17.52 $2.92
Receive application •2525 CLK1 $17.52 $4.42
Process payment/ issue
receipt .0333 CLK1 $17.52 $0.58
Review application .333 MMLEO $36.89 $12.29
Circulate to inspection
agencies NIA
Complete inspections See below
File inspection .0833 CLK1 $17.52 $1.46
reports/authorization
Determine licence
approval .0833 MMLEO $36.89 $3.07
Issue licence .2525 CLK1 $17.52 $4.42
Infrastructure costs ID. Cards $1,000.00
Total Administration
Costs $1028.94
2
Inspections
Step Average Time per Position Rate of Pay Cost/Step
Task in hours Assigned
Zoning review & approval .2525 MLEO $26.43 $6.67
Health inspection &
complete report NIA
Building inspection &
complete report NIA
Police inspection & NIA
complete report
police file separate
report and bill separately
Property standards
inspection & complete NIA
report
Vehicle inspection & 3 MLEO $26.43 $79.29
complete report
In conjunction with
MTO
Other inspections/reports
Infrastructure Costs
Total Inspection Costs $85.96
3
Enforcement
Step Average Time Position Rate of Pay Cost/Step
Per Task in hours Assi ned
Receive complaint 0833 CLK1 $17.52 $1.46
Visit
site/Complainant/Respon NIA
dent
Research issues .6667 MLEO $26.43 $17.60
Monitor
activit /Surveillance 1 MLEO $26.43 $26.43
Review options for action .1667 MLEO $26.43 $4.06
Issue Warning/Ticket/ MLEO $26.43
Part 3 .1667 $4.06
Legal Review .3333/.3333 MLEO/MMLEO $26.43/$36.89 $8.811 TOTAL
$12.301 $21.11
Document case histO .2525 MLEO $26.43 $6.67
Follow up with MLEO $26.43
complainant .0833 $2.20
Infrastructure costs
Total Enforcement Costs $83.56
4
Prosecution and court proceedings
Step Average Time Position Rate of Pay Cost/Step
Per Task in hours Assigned
Issue penalty N/A
Submit fine short form charge 3.5 MMLEO $36.89 $129.12
wordings
Prepare court file 1.5 MLEO $26.43 $39.65
Review with prosecutor 1.0/1.0 MLEO/PROS. $26.431$69.00 $26.43) TOTAL
$69.00} $95.43
Prepare 1.0 PROS. $69.00 $69.001 TOTAL
subpoenas/summons $42.00 title $42.00} $111.00
search
Deliver 1.5 SUMMONS $45.00 $67.50
subpoenas/summons SERVER
Appear in court 313 MLEO/PROS $26.431$69.00 $79.29} TOTAL
$207.00} $286.29
Review judgement .2525 PROS $69.00 $17.42
Update file .5 MLEO $26.43 $13.22
Appeal costs* N/A
(municipalities may apply Appeal costs recoverable
an up front appeal cost) through court at time of
conviction
5
CONTINUED...
COIIeCtIOnS fees .5 PROS $69.00 $34.50
Tribunal/committee costs NIA
Infrastructure costs NIA
Total Prosecution Costs $794.13
TOTAL COSTS FOR ALL ENFORCEMENT
BY-LAW PREPARATION ADMINISTRATION INSPECTIONS ENFORCEMENT PROSECUTIONS
$5590.10 $1028.94 $85.96
$83.56 $794.13
GRAND TOTAL COSTS FOR ALL ENFORCEMENT $7,582.69
There are 3 classes of licence, Broker, Vehicle Owner and Driver.
Total cost is divided over these 3 classes. $7,582.69 -3 Price per class of licence $2527.57
As of July 29th there are 8 taxi/limousine companies, current cost per year: $20.00
New cost per year: $315.95
There are currently 23 licenced taxi/ limousine plates, current cost per year: $25.00
Rate capped at standard ratio of 1 per 1500: $43.58
There are currently 24 licenced drivers, current cost per 2 years: $20.00
New cost per year: $105.32
6