HomeMy WebLinkAboutCLD-040-05
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REPORT
CLERK'S DEPARTMENT
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 17,2005
Report #: CLD-040-05
File#:
GPA' ^I Otx.- DtS
By-law #:.,9...0 ~ -S. (;( 0!3
Subject:
PROPOSED TAXI BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report CLD-040-05 be received;
2. THAT, provided there are no significant issues raised at the public meeting, the By-law
attached to Report CLD-040-05 be forwarded to Council; and,
3. THAT all interested parties listed in Report CLD-040-05 and any delegations be advised
of Council's decision.
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Reviewed by: ~
Franklin Wu,
Chief Administrative Officer
PLB*LC*ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-040-05
PAGE 2 of 3
BACKGROUND AND COMMENT
At the meeting held on September Z6th, Z005 Council heard a delegation from Joseph
Fernandez, owner of Bowmanville Taxi. Mr. Fernandez had requested that the current taxi fee
structure be reviewed in the light of recent sharp increases in the price of fuel. Council
directed that staff meet with representatives of the taxi industry to discuss the issue and
determine if there was a need to make any adjustments.
As a result of the meeting. which was held on Friday September 30. Z005, staff are proposing
a series of amendments to the existing by-law. The current by-law is one year old and staff
have found a number of minor housekeeping issues which need to be addressed in the by-law.
As with the current by-law, staff believe that the new by-law is necessary in order to ensure the
safety of the public using taxis or limousines by establishing standards as to age and general
condition of any vehicle to be used for the transportation of the public under this by-law. The
regulation of fares within the by-law provides for a fair and equitable environment of
competition for the companies involved and protects the public from unfair and unscrupulous
or illegal practices.
In accordance with the requirements of the Municipal Act a public meeting is required as part
of the licencing process. The meeting has been advertised in accordance with Municipal
policy.
PROPOSED CHANGES TO CURRENT BY-LAW
As a result of the meeting with the taxi owners, staff came to a compromise agreement While
not all companies favoured an increase at this time it was agreed that, given the recent
fluctuations in gas prices, the companies needed the ability to adjust their rates in order meet
these demands. The current "drop rate" will remain at $Z.80. The fee for each 1/10 kilometre
will change to a maximum of ZOIt. This is an increase from the current rate of Hit per 1/10
kilometre. This rate will be strictly optional. The companies are free to charge less than this
amount but in no case may they exceed this amount
The owners also expressed concern over the expiry for the annual plates and licences on
December 31st. The companies are at their busiest in December and it is very difficult for them
to take their vehicles off the road in order to arrange all the inspections and service work
required to be submitted to renew their licences. Staff are therefore proposing to move the
deadline date to June 30th.
In the past staff have allowed companies to submit their licence applications as late as
February and have recognized an increase in the licence fee to encourage the companies to
get their completed applications in on time. This Grace Period will be removed from the by-law.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-040-05
PAGE3of3
Any company operating on July 1st or beyond without a current licence, will be charged and will
lose the right to automatically renew their licences. Any vehicle plates which are lost as a
result of this action will be considered as available for sale to the next interested and qualified
applicant
Currently an outside company is also allowed to bid on the contract for school transportation.
Clarington is the only municipality in Durham Region to allow this practice. Staff believe that
this creates an unfair situation for municipal taxi companies. The proposed by-law will remove
the ability of the school board to contract with an outside company.
CONCLUSION
Barring significant adverse comments arising from the public meeting, staff respectfully
recommend that the proposed by-law be forwarded to Council for its consideration and
passage.
ATTACHMENT: #1 Taxi By-law
INTERESTED PARTIES:
1. Blueline Taxi, Roy Morrison
2. Bowmanville Taxi, Joseph Fernandez
3. Clarington Cabs, William Smale
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
ATTACHMENT H ~ TO
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT #C/J) i.fIj-!15
BY.LAW NO.
INDEX
Section Paae #
DEFINITIONS '" 2
1,0 LICENCE REQUIRED 4
2,0 PROCEDURES 4
3,0 RENEWALS '" 6
4,0 LICENCE FEES 6
5.0 DUPLICATE LICENCE 7
6,0 PARTNERSHIPS, CORPORATIONS AND
UNICORPORATED ASSOCIATIONS 7
7,0 INSPECTIONS DURING REASONABLE TIMES 7
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 TAXICAB/LIMOUSINE 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 OWNERS. 19
18,0 DUTIES OF LIMOUSINE BROKERS", 20
19.0 DUTIES OF LIMOUSINE DRIVERS . 21
20,0 USE OF TAXICAB FOR SCHOOL TRANSPORTATION 23
210 PARCELS AND DOCUMENTS 23
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" - LICENCE REQUIREMENTS 28
SCHEDULE "B" - LICENCE FEES 29
SCHEDULE "C" - TARIFF RATES 30
2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW NO,
Being a by-law to license, regulate and govern
taxi and limousine businesses
in the Municipality of Clarington
and to repeal by-law 2004-254
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 licensing powers under this section, including imposing conditions, for one or
more of the following purposes - health and safety, nuisance control or
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 holds licences for a vehicle or as a
driver, but this definition shall not be construed 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 than the Provincial motor vehicle licence, does not
have a taximeter, and which is kept or used for hire for the conveyance
)
of passengers solely on an hourly basis, but shall not include a taxicab
in respect for which a licence has been issued under the provisions of
this by-law to the owner, a bus, an ambulance or a hearse;
"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;
"Trip Record" means a record of the following information:
a) Provincial Motor Vehicle Permit Number of the taxicab;
b) Taxicab plate number;
4
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 en
route; and
f) amount of the rates and fares collected for each trip,
1.0 LICENCE 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 licence from the Municipality
authorizing him to carry on his trade and no person shall, either directly or
indirectly, carryon business within such class, either for profit or not, for
which a license is required by this by-law without first having obtained a
licence therefore, Failure by such a person to comply with this section
constitutes an offence,
1,3 A person who receives a licence 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 licence 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-law shall be able to read, speak and write the English language,
2,0 PROCEDURE
5
2.1 Any person required to obtain a licence 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 licence or renewal of a licence until:
a) all required approvals and inspections have been obtained by the
applicant;
b) all required documentation has been provided; and
c) the business licence fee have been paid in full.
2.4 The Clerk, upon receipt of the application for a licence may make, cause
to be made, or request, any additional documents, investigations or
inspections in respect of such application for a licence 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 of an offence pursuant to a similar
by-law in another municipality; or
h) the applicant has a prior Criminal record, for which he has not
received a Pardon, the Clerk shall deny the application,
6
2,6 Notwithstanding section 2.5(b), if more than seven years have elapsed
since the final disposition date of the Criminal Record, and it is, in the
opinion of the Clerk, of a minor nature, the Clerk may approve the
application,
2,7 An applicant who has been denied a licence by the Clerk pursuant to
Section 2,5 may request that his application be heard by Committee or
Council, which may, in its discretion, issue the licence in question, Upon
request, the Clerk shall refer the matter to the Councilor to Committee,
2,8 Councilor Committee shall consider the matter and the rules in Section10
apply with necessary modifications,
2,9 In considering an application under Section 2,6, Councilor Committee
may impose any conditions it sees fit as a requirement of obtaining,
continuing to hold or renewing a licence, including any condition which
would otherwise contravene any other provisions of the By-law,
2,10 Except as otherwise herein provided, licences shall be issued for a period
of one year and shall come into effect on July 1" of each calendar year
and expire on June 30th of the following year and the licence fee as set
forth in Schedule "B" shall not be reduced in the event that the first period
for which the licence is issued is less than one year,
2,11 It shall constitute an offence for any broker, owner or driver to continue
operating after their licence has expired,
3.0 RENEWALS
3,1 Applications for renewal of a licence 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 licence has been issued as a result
of a decision of Councilor Committee, if all the relevant facts and
conditions have remained the same, the Clerk may issue the licence,
4.0 LICENCE FEE
4,1 The fee for obtaining a licence or renewal of a licence shall be as set out
in Schedule "B" of this by-law, In the event that a licence is revoked or
suspended, no licence fee is refundable,
7
5,0 DUPLICATE LICENCE
5,1 A duplicate licence may be issued by the Clerk to replace any licence
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, 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 licence 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 carryon 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,
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 Municipal Clerk
within 15 days. Failure to comply with this Section constitutes an offence,
7,0 INSPECTIONS DURING REASONABLE TIMES
7,1 The Municipal Clerk, the Chief of Police, the Medical Officer of Health, the
Fire Chief, a Municipal Law Enforcement Officer or any person acting
8
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; and
b) any goods, equipment, books, records or documents used or to be
used by the applicant or licensee under this By-law,
7.2 All records of inspections by any enforcement agency shall be forwarded
to the Municipal Clerk within seven days of the inspections.
7,3 It constitutes an offence for any person to obstruct or permit the
obstruction of such inspection as described in section 7,1.
8.0 NO TRANSFER
8,1 It constitutes an offence for any person to transfer or assign to any other
person, a licence issued under this By-law,
9.0 NO VESTED RIGHT
9,1 No person shall enjoy a vested right in the continuance of a licence and
upon issuance, renewal, cancellation or suspension; the licence shall
remain the property of the Municipality,
10,0, REVOCATION AND SUSPENSION
10,1 Councilor Committee may revoke, suspend, impose any conditions upon,
or refuse to issue or renew any licence 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 Councilor Committee,
10,3 Councilor Committee 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,
10.4 Hearing by Councilor Committee:
a) The applicant will be advised of the date, place and time fixed for
such hearing at least five days prior to the hearing,
b) At such hearing, Councilor Committee shall receive a written report
from the Clerk and from such other persons, officers or agencies
9
who may be involved in the matter being considered by Councilor
Committee,
c) Councilor Committee shall not make a decision under Section 13,1
without first affording the person or applicant the opportunity to be
heard before the Councilor Committee,
d) After such opportunity to be heard is afforded the person or
applicant, Councilor Committee 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 Councilor Committee conducts a hearing in respect of
any matter in this subsection, the rules set out in The Statutoty
Powers Procedure Act shall apply to Councilor Committee in the
exercise of its power of decision in respect to such matter,
10,5 Where Council or Committee has exercised it authority under section 10,1,
the decision of Councilor Committee 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 TAXICABILlMOUSINE OWNER'S LICENCE
11,1 All applicants for a 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) a 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
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;
f) 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;
]0
gJ 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,
11,2 In order to be licensed as a taxicab a vehicle must have more than two
passenger seating capacity and maximum seating is six, exclusive of the
driver.
12.0 APPLICATION FOR TAXICAB/LIMOUSINE BROKER LICENCE
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 Record check dated not more than thirty days
prior to the application date;
c) a list of all Owners with which the applicant has any arrangement or
agreement for accepting calls for service;
d) proof that the applicant is at least 18 years of age to be licensed
under the provisions of this section; and
e) a properly completed application form,
12.2 The applicant shall satisfy the Clerk that the brokerage is able to provide
24-hour taxicab service to the public for each day of the year.
12,3 The applicant shall satisfy the Clerk 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 TAXICABILlMOUSINE DRIVER'S L1CENCSE
13,1 All applications for a driver's licence shall include;
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 not more than 30 days prior to the
date of application; and
II
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 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 Clerk within seven 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 stains, 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;
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;
I) completely record information showing time and place of origin,
destination, number of passengers and the amount of fare
12
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;
0) 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;
ii) refuses to give his destination;
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; and
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
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;
lJ
u) keep a current street guide or map of the Municipality and
surrounding area in his taxicab;
v) turn off any radio, tape player or any other sound producing device
in his taxicab, save and except a two-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 licensed vehicle, shall not permit
any other person, other than another driver licensed 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; and
cc) ensure vehicle is used only as a taxicab and 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 fiag 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;
e) take on additional passengers after the Taxicab has departed from
anyone starting point except at the request of the passenger(s) in
the cab or the person who hired the taxi;
f) 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;
14
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;
I) 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;
0) 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 transmiUreceive 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;
y) prevent or hinder a Municipal Law Enforcement Officer or any other
person authorized by this by-law from entering the licensed 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; and
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
]5
quality photograph, the Clerk may require the driver to attend the
Municipal Administrative Centre 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 licensed 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 BROKERS
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 and to attach to
each front door of the taxicab the same identifying decal;
c) submit a copy of the roof sign design and identifying decal to the
Clerk for approval on all taxicabs employed by the brokerage;
d) carryon the taxicab brokerage business 24 hours a day during the
term of his licence, unless otherwise directed by Council;
e) 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;
f) produce the records described in Section 15,1 (d) upon the request
of a peace officer;
g) 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;
h) 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;
i) carryon business only in the name in which he is licensed;
16
j) at the request of the Clerk, provide a list showing the number of
taxicabs avaiiable 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;
k) keep engagements and shall not accept any engagement which
would prevent him from fulfilling a previous engagement;
I) accept cails for, and dispatches calls to licensed taxicabs and
drivers only;
m) 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; and
n) comply with all requirements of the Employment Standards Act.
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 simiiar 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 the use of a roof sign or decal for the taxicab 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; and
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,
17
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 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, report the removal or loss to the
Clerk and obtain and affix a replacement plate/permit 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) display at all times, in a conspicuous place in the vehicle, a current
tariff card issued by the Municipality;
e) submit his licenced vehicles for examination or inspection any time
when required by the Municipality;
f} investigate immediately, any mechanical defect in his licenced
vehicle reported to him by a driver or any other person;
g) 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 Clerk;
h) submit any taximeter for testing, inspection and sealing by such
person as the Municipality may designate at the times required by
that person;
i) ensure the taximeter is illuminated between sunset and sunrise;
j) adjust the taximeter in accordance with rates prescribed from time
to time by the Municipality;
k) maintain the taximeter in proper working order with current set rates
as set out in Schedule "C";
I) affix a sign on the roof of the taxicab indicating the vehicle is a
taxicab of a color scheme, design and shape as set out in
subsection c) above;
m) 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
installed so that they are clearly visible to persons outside the
taxicab;
n) ensure the taxicab is equipped with seatbelts in proper working
condition;
18
0) ensure seatbelts are plainly visible to and may be conveniently
used by a passenger;
p) advise the Municipality of any change in any licence plate issued by
The Ministry of Transportation within 10 days;
q) ensure that such vehicle is used only as a taxicab and is not used
as a limousine unless otherwise licensed under the provisions of
this by-law;
r) 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; and
s) once the licenced vehicle is no longer being used as a taxicab,
return the Municipai 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 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 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;
i) permit a vehicle to be operated unless the interior and exterior of
the vehicle are clean and in good repair;
j) permit a vehicle to be operated unless the vehicle and equipment
are free from mechanical defects;
k) permit any form of advertising on exterior of the taxicab;
I) permit a taxicab plate/permit which has been issued for a specific
vehicle to be affixed to another vehicle;
m) permit a taxicab to be used unless seatbelts are plainly visible and
may be conveniently used by passengers;
19
n) permit a taxicab to be operated unless it is equipped with fully
functional air-conditioning and heating systems;
0) 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; and
p) 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 license 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 licensed 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 OWNERS
17,1 Every Owner of a licensed limousine shall:
a) ensure that each licenced vehicle owned by him, has the limousine
licence plate/permit supplied by the Municipality bearing the licence
identification number present in or on the vehicle at all times;
b) ensure that such licence plate/permit remains in or on the vehicle,
or if such plate/permit is removed or lost, shall report the removal or
loss to the 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 five days of the change; and
f) 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;
20
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 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;
j) permit any form of advertising on the limousine;
k) cause or permit a limousine to be equipped with:
i) a two way radio or other device capable of receiving calls for
service other than a cellular phone for safety,
ii) a meter for registering distance traveled or computing fares
to be paid, or
Iii) illuminated roof lights; and
I) 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 BROKERS
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) carryon business only in the name in which he is licensed;
21
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; and
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 DRIVERS
19,1 Every limousine driver shall;
a) at all times when driving a limousine, 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) 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 stains, 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, 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;
g) keep the interior of the vehicle free of any material a reasonable
person would find noxious or unpleasant;
22
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 the 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;
I) 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;
ii) refused to give his destination;
iii) has in his possession 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 has reasonable concerns for his safety provided that such
driver immediately records his reason for such refusal on his
daily trip record,
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;
0) be civil and behave courteously;
p) be properly dressed and well groomed, neat and clean in
appearance;
q) notify the Municipal Clerk within seven 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;
2J
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
present on or in the vehicle;
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; and
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 A local school board may enter into a contract with a taxi company
licensed pursuant to the provisions of this By-law to transport children to
and from school within Clarington,
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;
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 taxicab is engaged in any
other business; and
d) the rates contained in the tariff schedule shall not apply to taxicabs
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:
a) the driver maintains the taximeter in the taxicab driven by him, in
operation throughout the trip;
b) the driver takes the shortest possible route to the destination;
c) the driver charges the amount of the fare registered on the meter;
and
24
d) 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 eight 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 31, 2004 may continue to
be operated and licenced until June 30, 2006, provided it meets all other
licencing requirements as set forth in this by-law,
23,0 RATES AND FARES
23,1 The rates and 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,
23,3 Notwithstanding Section 23,2, the Iicencee 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,
25
23,7 If a call for service originates from or terminates at a location which is
more than fifteen kilometers away from the broker's dispatch office as
identified on their licence, then the driver may add an additional $15,00 to
the total owing as shown on the taximeter at the termination of the trip,
23,8 Prior to accepting a call for service where the additional charge mentioned
in Section 23,7 may apply, the dispatcher shall advise the customer of the
potential for the additional fee,
23,9 In circumstances where an additional fee as specified in Section 23,7 may
apply, the driver shall advise the customer whether or not he intends to
include the additional charge prior to the commencement of the trip,
23,10 in the event the driver has not advised the passenger of the surcharge
prior to the commencement of the trip then the driver may not apply the
surcharge to the trip,
23,11 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,
23,12 The tariff and 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.
23.13 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 Clerk and complied with
Section 24.2,
24.2 When a licencee changes the name or address or any information relating
to the licence, he shall notify the Clerk within five days of the change of
information relating to the licence and shall return the licence immediately
to the Clerk for amendment.
26
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 Clerk within 10 days
thereof and, if required by the Clerk, the licence shall be immediately
returned to the 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
3500 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 Taxi Broker's licence the company
must be able to show that they have operated on a full time basis, 24
hours per day, seven days per week for the full calendar year for which
they were licenced,
25.4 If at any time an officer finds that a Taxi Broker has failed to comply with
the requirements of Section 25,3 the officer may request that the
Municipal Clerk revoke the Broker's licence, In the case of such
revocation the appeal rules as set out in Section 10.4 shall apply,
25,5 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
exclusive of any times which the vehicle was out of service for routine
repair and maintenance.
25,6 If at any time an officer finds that a taxicab has not been operated in
compliance with Section 25,5, the officer may request that the Clerk
revoke the licence for that taxicab,
25,7 All provisions of this by-law relating to limousines shall apply equally to
both sedan limousines and stretch limousines,
25,8 The Municipal Clerk may delegate his duties and responsibilities as set
out in this by-law to a designated person,
27
25,9 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
until repealed,
25,10 By-law 2004-254 and its amendments are hereby repealed,
25,11 This by-law shall come into full force and effect upon final passage by
Council.
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 Municipa/
Act 2001, (S,o. 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
,2005,
By-law read a third time and finally passed this day of
,2005,
Mayor
Municipal Clerk
28
SCHEDULE A
LICENCING TABLE OF REQUIREMENTS.
Licence Class Fee
Owner
LimousinelTaxi
Broker
Limousine/Taxi
Driver
Limousine/Taxi
Reauirements For Licence
valid Motor Vehicle Safety Standards Certificate
. 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)
. Proof of bonafide business location within
Municipality
Criminal Information Request check
List of all owners with whom there is an
agreemenUarrangement 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
. Valid Ontario Driver's Licence
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 licence
29
SCHEDULE B
FEES SCHEDULE
FOR TAXIS AND LIMOUSINES
ALL LICENCES ARE VALID FOR ONE YEAR ONLY
Effective Januarv 1. 2005
OWNER/BROKER
VEHICLE
REPLACEMENT PLATE
DRIVER
REPLACEMENT LICENCE
Effective July 1. 2006
OWNER/BROKER
VEHICLE
REPLACEMENT PLATE
DRIVER
REPLACEMENT LICENCE
Effective July 1. 2007
OWNER/BROKER
VEHICLE
REPLACEMENT PLATE
DRIVER
REPLACEMENT LICENCE
$100.00
$30.00
$10.00
$30.00
$20.00
$200.00
$45.00
$10.00
$45.00
$20.00
$300.00
$60.00
$10.00
$60.00
$20.00
30
SCHEDULE C
TAXI TARIFF SCHEDULE
"DROP RATE.............. ..............,... ................. .......... ........ ...,. $2.80
....for the first 1/1 Oth kilometre or part thereof
FOR EACH ADDITIONAL 1/10'h KILOMETER OR PART THEREOF.., $0.20
Rate to increase by 1~ per 1/ldh kiiometre as of January 1 each year.
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
REMOTE LOCATIONS
Any trip which starts or ends within the municipality at a point
more than 15 kilometers from the broker's dispatch office .......... $15.00
optional
NOTE: The driver and dispatcher MUST advise the client prior to
the commencement of the trip if the surcharge is to be
imposed.
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 EXTENSION 239