HomeMy WebLinkAbout03 040 taxi by-law amend
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TIlE CORPORATION OF THE MUNICIPALITY OF KINC+INE
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NO. 2003 - 40
BEING A BY-LAW TO PROVIDE FOR THE LICE SING,
REGULATING AND GOVERNING OF OWNERS, BR KERS AND
DRIVERS OF TAXICABS AND LIMOUSINES USED OR HIRE
FOR THE TRANSPORTATION OF PASSENGERS; D FOR
THE ESTABLISHMENT OF RATES OR FARES 0 BE
CHARGED THEREFORE
WHEREAS Section 155 of the Municipal Act, 2001, S.O. 2001, c. 5, as amended,
authorizes councils of municipalities to pass by-laws for the licensi g, regulating and
governing of owners, brokers and drivers of taxicabs or other moto vehicles used for
hire and for establishing the rates of fares to be charged by the ow ers or drivers of
such vehicles for the conveyance of passengers or goods, either holly within a
municipality or from any point in the municipality to any point outsi e the municipality,
and for providing for the collection of such rates or fares, and for Ii iting the number of
taxis;
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AND WHEREAS Section 150 of the Municipal Act, S.O. 2001, C.2r as amended,
authorizes councils of municipalities to pass by-laws for the licensi g, regulating and
governing of businesses,
AND WHEREAS it is desirable to provide for the health and safety and consumer
protection of the residents of the municipality,
NOW THEREFORE the Council for the Corporation of the MuniciP~lity of Kincardine
enacts as follows: I
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1.0 DEFINITIONS
1.1 "Municipality" shall mean the Corporation of the Mun cipality of Kincardine
1.2
"Council" shall mean the Council for the Corporation pf the Municipality of
Kincardine I
"Treasurer" shall mean the Treasurer for the Corpor~tion of the
Municipality of Kincardine -I
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"Detachment Commander" shall mean the Detachm,nt Commander or
designee, Ontario Provincial Police, South Bruce Defachment
"Owner" shall mean any person owning a taxicab or 'imousine or having
possession or control thereof under an instalment p rchase agreement or
by way of rental who is licensed as such or required s such under this
by-law
1.3
1.4
1.5
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By-Law No. 2003 - 40
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1.6 "Taxi Broker" shall mean any person or corporate entity! who accepts calls
in any manner for taxicabs used for hire and which arelowned by persons
other than the broker :
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1.7 "Driver" shall mean any person licensed according to thIs by-law who is
the holder of any class A, B, C, D, E, F, or G Ontario D~ver's license
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1.8
1.9
"Passenger" shall mean in addition to its common meaOing where used in
context throughout this by-law, shall also mean a perso l travelling in a
taxicab or limousine who is not paying a fare.
"Person" shall include not only an individual but also a ~artnership,
corporation or association and the heirs, successors an~ assigns thereof
"Taxicab" shall mean any passenger motor vehicle regUlarly used for hire
for the conveyance of persons having a normal seating ¡capacity of not
more than nine persons, but shall not include a public vehicle as defined
in the Public Vehicles Act, R.S.O. 1990 P. 54 and amendments thereto
1.11 "Limousine" shall mean a motor vehicle which does not ¡bear any
identification other than the number plate issued by the ¡Ministry of
Transportation for the Province of Ontario which does nþt have a
taximeter and which is kept or used for hire for the coml~yance of
passengers but shall not include a taxicab '
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1.12
1.13
1.14
1.15
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1.16
1.17
1.18
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1.20
"Taxi Owner/Operator License" shall mean a licence gr~nted under the
authority of this by-law by the Municipality of Kincardinel to own and
operate any vehicle used for hire I
"Broker's License" shall mean a license granted under t~e authority of this
by-law by the Municipality of Kincardine to a person oth~r than the owner
of a taxicab or limousine who accepts calls '
"Taxi Driver's License" shall mean a license granted un~er the authority of
this by-law by the Municipality of Kincardine to a driver ~f a taxicab or
limousine
"Taxi/Limousine Vehicle License" shall mean a license !;1ranted under the
authority of this by-law by the Municipality of Kincardine! for each taxicab
or limousine
"Safety Standard Certificate Of Mechanical Fitness" sh~1I mean a Safety
Standards Certificate of Mechanical Fitness certificate i*sued by a
registered motor vehicle inspection station pursuant to tpe provisions of
the Highway Traffic Act
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"Taximeter" shall mean any device installed in a taxicabl'and approved by
the Treasurer to accurately register the kilometres trave,led by the taxicab
"Taximeter Calibration Certificate" shall mean a Taxime~er Calibration
Certificate issued by a firm whose regular business is thþ calibration of
taxi meters '
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"Fare" shall mean the fee a person has to pay to be con~eyed by taxicab
or limousine and also means a person travelling or bein~ conveyed by
taxicab or limousine for a fee '
Any reference herein to male gender shall be construed! to include the
female gender as well, and any reference to singular or plural shall be
interpreted as the opposite number where the context s~ requires
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By-Law No. 2003 - 40
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2.0 DUTIES OF THE TREASURER OR HIS DESIGNATE
The Treasurer shall have the following duties in connection with the provisions of
this by-law. '
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2.1 Provide each person wishing to apply for a license underlthis by-law one
copy of this by-law i
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2.2 To receive all applications for licenses and refer the applicant to the
Detachment Commander to undertake the enquires and ~ischarge the
Commander's duties as provided in Section 3 of this bY-lþw
2.3 To inspect from time to time, every taxicab and IimousinJ and the
necessary equipment thereof and the condition of such t~xicab and
limousine but this in no way shall require the Treasurer tlj> certify mechanical
aspects of the vehicle or taximeter. In carrying out this dµty the Treasurer
shall receive from the applicant a valid Safety Standard C¡;ertificate of
Mechanical Fitness dated no longer than thirty (30) days! before the
application for license is submitted, unless exempt as de~ermined under
Section 5.5 of this by-law, as well as carry out a distanc1 test to determine
acceptable operation of the taxi meter. If the taxi-meter s not found to be
operating within the acceptable limits, the applicant shall I provide the
Treasurer with a valid Taxi Meter Calibration Certificate ithin 7 working
days. Acceptable operation is defined as the rate set ou in schedule A of
this by-law for the distance of one (1) kilometer being ac ieved within one
car length of one (1) kilometer. The Treasurer shall pro ide a
recommendation to Council regarding the issuance or d nial of a taxicab
vehicle license in accordance with the provisions of this y-Iaw
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2.4 To notify any applicant of the Municipality's issuance of. license or refusal
to issue a license. Any refusal to issue a license shall b$ subject to an
appeal to Council '
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2.5 To prepare all licenses including a photo driver's identifi~ation card to each
licensed driver and collect all fees where applicable within 14 working days
of receiving Council approval for the issuance of the licehce
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2.6 To submit a report to Council pursuant to the performanþe of these duties
under this by-law on a regular basis. Such report to incl(¡de applications,
approvals, denials, and licences issued ¡
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2.7 To assign any act or duty to be performed by the Treas~rer under this by-
law to a designate. I
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3.0 DUTIES OF THE DETACHMENT COMMANDER OR HIS D9SIGNATE
The Detachment Commander shall have supervision over alllthe persons and
vehicles licensed under this by-law together with equipment ljsed by them and
the following shall be the duties of the Detachment Comman~er in connection
with the provisions of this by-law.
3.1
To report to Council the performance of his duties und er this by-law
whenever he shall be requested to do so. This report ~o include all
temporary suspensions issued by the Detachment Co!nmander as
authorized by this by-law
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3.7
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By-Law No. 2003 - 40
Page 4 of 19
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To provide to the Municipality a criminal record check ~nd a driver licence
history check for each licence applicant who provides ti' the Ontario
Provincial Police South Bruce Detachment an original igned copy of the
licence application contained in this bylaw, signed con ents as required by
the Ontario Provincial Poli~e for a criminal record chec.~ and driver I!cence
history check and any applicable fee for same as required by Ontario
Provincial Police procedures. '
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To ascertain by inspection and enquiry from time to tinje and as often as
may be required by Council, whether the persons receiving licenses
continue to comply with the provisions of this by-law
If adverse information has been received or determine~ regarding a
current licence holder, provide this information to Cour¡\cil for their use in
considering revocation or suspension of the licence. I
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To inspect the record of calls answered by the owner tr broker on a
periodic basis '
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To give evidence in the prosecution of all persons whq shall offend
against any of the provisions of this by-law '
To assign any act or duty to be performed by the Det*hment
Commander under this by-law to a designate who is a' police officer under
his command
4.0 LICENCES
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4.1 Council shall consider all applications for licenses. Coyncil shall either
grant or refuse to grant a licence to the applicant.
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4.2 The owner of a taxicab or limousine shall not operate it without a current
valid taxi license from Council and prior to obtaining a I~ense shall
complete and submit an application as set out in Sche~ule "B" and pay the
fee as set out in Schedule "A". The taxi owner/operatorllicense issued shall
be as set out in Schedule "c" of this by-law I
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4.3 No person shall act as a taxi broker without a current v~lid broker's license
from Council and prior to obtaining a license shall comf.lete and submit an
application as set out in Schedule "B" and pay the fee s set out in
Schedule "A". The taxi broker's license issued shall be as set out in
Schedule "D" of this by-law i
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4.4 No person shall drive or act as a driver of any taxicab ~r limousine without
having a valid municipal taxi driver's license from COU~Cil and prior to
obtaining a license shall complete and submit an appli ation as set out in
Schedule "8" and pay the fee as set out in Schedule" ". The taxi driver's
license issued shall be as set out in Schedule "E" of th s by-law
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4.5 No vehicle shall be used as a taxicab or limousine wit~out a current valid
vehicle license from Council and prior to obtaining a liqense shall complete
and submit an application as set out in Schedule "F" if I it is the first or only
vehicle to be licensed by an owner and pay the fee aslset out Schedule "A".
The taxi vehicle license issued shall be as set out in Sþhedule "G" of this
by-law
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By-Law No. 2003 - 40
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4.6 Every owner of more than one taxicab or limousine to bel licensed under this
by-law shall take out an additional license for each vehiclþ licensed and
shall complete and submit an application as set out in Sqhedule "F" and pay
the fee as set out in Schedule "A". The taxi vehicle licen$ issued shall be
as set out in Schedule "G" of this by-law '
4.7 There shall be no transfers of licenses under this by-law I
4.8 No licensed owner incorporated under the laws of the P~vince of Ontario or
any other jurisdiction shall permit the transfer of shares ~hich would have
the effect of changing control of The Corporation without Ithe approval of
Council I
4.9 The person in whose name a taxicab owner's license is ~pplied for and
taken out for a vehicle shall be considered the owner of t~e same for the
purpose of this by-law and they shall be liable for penalti$s herein described
4.10
No owner of a taxicab or limousine licensed under this b~-Iaw shall use or
permit the use of any number plate upon any taxicab or Ii ousine other
than the plates issued by the Ministry of Transportation 0 Ontario for such
vehicle.
Licences in effect on the date of passage of this by-law ~iII remain in effect
until April 30, 2003. All licences issued after the date of ~assage of this by-
law shall also expire on April 30, 2003. Thereafter licenq¡s issued under
this by-law shall be for a maximum two year period. The linitial two year
period shall commence May 1, 2003 and expire at midni9ht April 30, 2005.
Applicants for licenses under this by-law shall be require~ to sign a waiver
of disclosure of police records check and driver license h~story check to
allow the Detachment Commander to conduct the neces~ary investigations
under Section 3 of this by-law. The Detachment Commarder is authorized
to disclose this information to the Treasurer or Council a~ required
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4.11
4.12
APPLICATIONS FOR LICENCES
Applications for licences shall be addressed to Council and de'ivered to the
Treasurer upon the form or forms as contained in the Schedulf¡s attached to this
by-law, together with the following: !
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5.1 Payment of the appropriate fee prescribed by the by-law ¡
5.2 Certificate of Insurance issued by a company authorized to do business in
Ontario certifying that the owner or broker and driver of e~ch taxicab or
limousine for which a taxi-cab or limousine vehicle licens~ is being applied
for, are insured for public liability property damage and p~ssenger hazard,
with a minimum $1,000,000 coverage per incident or occ~rrence and written
confirmation from the insurer that the Treasurer will receite at least thirty
(30) days written notice prior to any cancellation, expiratiqn or variation
thereof
5.3 One (1) passport quality photograph of the applicant for ~ taxi driver's
license. The cost of this photograph shall be borne by th~ Municipality
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6.0
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By-Law No. 2003 - 40
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5.4 A valid Safety Standard Certificate of Mechanical Fitnes~ for each taxicab
or limousine to be licensed certifying such vehicle is in a ~afe condition to
be operated upon a highway and such certificate must b$ dated no longer
than thirty (30) days before the apP.lication for the licens~ is submitted. A
vehicle is exempt from the Safety Standard Certificate oflMechanical
Fitness which has travelled less than TWENTY THOUS~ND (20,000)
kilometres or not more than 12 months has elapsed from the date of first
registration as a new motor vehicle unless said vehicle h s been involved in
an accident. The cost of this certificate shall be borne by the applicant
5.5 A valid Taximeter Calibration Certificate if the distance te~t performed by
the Treasurer did not demonstrate acceptable charges b sed on the rates
set out in this by-law. Such certificate must be provided ithin 7 working
days after completion of the distance test. The cost of thi certificate shall
be bome by the applicant
QUALIFICATIONS
6.1 An applicant shall be eighteen (18) years of age or oldedo be licensed
under this by-law '
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6.2 An applicant for a taxi driver's license shall be the hOlder~f any of a class
A, B, C, D, E, F or G driver's license issued to him by the Ministry of
Transportation and Communications for the Province of ntario
6.3 An applicant for a license shall be able to comprehend thf English
language I
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6.4 An applicant for a taxicab vehicle license shall be registerþd with the
Ministry of Transportation and Communications for the Prpvince of Ontario
as owner of the taxicab or limousine for which the licensel is applied for
6.5 An applicant shall be familiar with the provisions of this b~-Iaw, the laws and
regulations relating to traffic and the geography of the Muricipality of
Kincardine .
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6.6 An applicant shall meet the following conditions in order t~ be considered
for the issuance of a licence I
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6.6.1 Not have accumulated more than six (6) demerit pþints on his
driving record ¡
6.6.2 Not have had a driver's licence under suspension ~t any time within
the preceding twelve (12) months as a result of hating been
convicted or found guilty of:
a)
b)
c)
d)
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f)
g)
driving under suspension
speeding over fifty (50) km above the limit
careless driving
racing on a highway
failing to remain at the scene of an accident
failing to report an accident
a criminal code of Canada offence: committe~ by means of a
motor vehicle or while driving or having care and control of a
motor vehicle
fail to stop for police
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6.6.3 have been convicted or found guilty within the prek;eding five (5)
years of two or more offences under the Criminal Code of Canada,
committed on different dates by means of a motor vehicle, or while
driving or having care and control of a motor vehi$le
6.6.4
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Not have been convicted or found guilty within th~ preceding five (5)
years of any offence under The Controlled Drugs ¡and Substances
Act '
6.7
Not have been convicted or found guilty within th$ preceding five (5)
years of certain sexual or morals offences under ~he Criminal Code
of Canada
6.6.6 Not have been convicted or found guilty of any o~ence for conduct
that affords reasonable grounds for believing tha~ he will not properly
perform his duties, or is not a proper person to h~ve custody of
children or seniors. I
In exercising the power under Section 150. (8)(b ),(f), or tg) of the Municipal
Act 2001, S.O. 2001 c.25 as amended, Council shall c~nsider whether the
applicant conducts themselves as provided for in Secti~n 150.(11 )(b) of the
Act '
6.6.5
7.0 EQUIPMENT AND ITS USES
7.1 Every owner shall have affixed to each taxicab in respe t to which such
owner is licensed, a taximeter which shall register the t tal distance (km/mi)
driven, paid miles driven, trips, units, compute fares to e paid according to
distance and time, showing the resulting total amount a d having manually
operated counter for extras, to indicate the extra amou t to be paid for a trip
separately. Taximeters must be positioned, in the taxic~b so that they may
be, at all time, easily read by the passenger
7.2 Any owner using an unsealed or defective taximeter sh,1I automatically not
receive a license and shall have an existing license susþended or revoked.
Every taximeter shall be adjusted based on the rates s~t out in this by-law
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7.3 In an emergency, the Detachment Commander may au~horize an owner to
operate a taxicab without a meter for a period of 48 ho~rs
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7.4 No person licensed under this by-law shall carry or perr)1it to be carried in
any taxicab or limousine, a load in excess of that for w~ich the commercial
motor vehicle permit was issued as stated upon the peo/"nit
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7.5 No person licensed under this by-law shall carry in any ~axicab or limousine
a greater number of occupants or person including the þriver than the
manufacturer's rating of seating capacity as such, and ~very vehicle
licensed under this by-law shall be a model having at I~ast four (4) doors
with the exception of vans which must have at least thr~e (3) doors
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7.6 No person shall use or operate a taxicab unless the saine has affixed on
the exterior thereof the word "TAXI" in letters large enof¡gh to be clearly
visible to the public on a sign permanently mounted onlthe roof capable of
illumination, and lighted at the same time as headlight~ are required to be
lighted under the Highway Traffic Act
7.7 The owner and/or driver of a taxicab or limousine shalllbe responsible to
ensure that the interior of the vehicle is in clean conditipn and in good repair
at all times ¡
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7.8 The owner and/or driver of the taxicab shall display in a rominent location
within the taxicab in clear view of the passengers the rat,s or fares charged
by the owner for the use of the taxicab !
8.0
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RESPONSIBLlTIES OF THE TAXICAB OWNER OR BROKE~
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8.1 Every person licensed as a taxicab owner or broker sh~1I
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8.1.1 Keep a record of calls answered by vehicles lice~sed by him or to
whom he directs calls showing date, time, origin~ destination,
vehicle license number and driver; records to bel kept in an orderly
manner for a period of twelve (12) months and oþen for inspection
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8.1.2 Submit his vehicle for examination prior to a lice~se being issued
for the same and following the completion of eadh twelve (12)
month period thereafter, or any other time as re9uired by the
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8.1.3 Before employing a taxicab driver, notify the Tre~surer of the
proposed employee, who shall be required to obtain a taxi driver's
licence under this by-law, and when the said em~loyee leaves his
employ, notify the Treasure of such termination I
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8.1.4
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Require that drivers employed by him have beenl approved by the
company providing the insurance coverage and ~rovide proof of
same to the Detachment Commander ¡
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Require that persons engaged as taxicab drivers¡ are properly
licensed under this by-law '
No owner or broker licensed under this by-law S*II permit a
licensed driver to work more than twelve (12) ho rs within any
fifteen (15) consecutive hours. In no case shall t e driver be
permitted to work more than sixteen (16) hours i~ any twenty-four
(24) consecutive hours I
8.1.7 Every taxicab or limousine owner or broker shall ~eep a current list
of the drivers' names and home addresses in his¡office
8.1.5
8.1.6
8.1.8
Every self-employed owner/driver shall notify thelTreasurer of any
change of his office address and/or home addre~s within five (5)
days of changing location '
8.1.9
Provide on his own or in conjunction with a licen~ed taxicab broker
a suitable office for the carrying on of his busine~s and keep the
same orderly, clean and neat ¡
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8.1.10 Provide on his own or in conjunction with a licensþd taxicab broker
telephone and radio dispatching facilities maintai~ed in proper
working condition
9.0 RESPONSIBILITIES OF A DRIVER
9.1
Every person licensed as a taxicab or limousine driver S~all complete an
application for a taxicab driver's licence as shown in Sc edule "B" of this
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9.4
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Page 9 of 19
Every person licensed as a driver under this by-law sh 1/ keep a daily
record (herein referred to as a trip record) of all trips m~de by him and
such record shall contain the following: I
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9.2.1 The vehicle license plate of the taxicab or limou$ine and the
number of the taxicab or limousine owner's lice~se issued under
the provisions of this by-law I
9.2.2 The name and identification number of the driver
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9.2.3 The amount of fare for each trip
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9.2.4 The date, time, origin and destination of each trif
Every driver who drives a taxicab or limousine of which¡ he is not the
owner, shall at the end of each day's tour of duty, delivrr to the owner a
copy of the said daily record I
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Every person licensed as a taxicab driver under this bytlaw shall
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9.4.1 Carry their driver's identification card as prepareþ by the Treasurer
at all times when operating a taxicab or limousin~
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9.4.2 Upon request of any police officer, provide full i~formation as to
passengers carried ¡
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9.4.3 Shall supply his first name and taxi driver's licenþe number when
requested to do so by any passenger
9.4.4 While on duty, be neat and clean in his person
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9.4.5 Punctually keep all appointments and engagem nts and while on
duty unless his taxicab or limousine has been p viously engaged,
serve at any place within the Municipality at any specified time,
whether by day or night, any person who may la ully require a
taxicab or limousine and he shall not neglect to ulfil his
appointment or engagement, except for reason~ beyond his control
Take due care of all property delivered or entru~ed to him and
accepted by him for conveyance or safekeePing~· and immediately
upon termination of any hiring or engagement, s all search his
taxicab for any property lost or left therein and a I money or
property left in this taxicab or limousine shall be ~orthwith delivered
to the person owning same, or if the owner can~ot be found at
once, then to an officer in charge at the Kincardine Provincial
Police office with all information in his possessi n regarding same
Travel by the most direct route to the point of debtination unless
otherwise directed by the person engaging the tfxicab or limousine
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Search his vehicle at the beginning and termina'ion of his tour of
duty for any alcoholic beverages, drugs or otherlillegal goods
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Not solicit any person to take or use his taxicab~r limousine by
calling out or shouting. The person wishing to u e or engage a
taxicab or limousine shall be left to choose with ut interception or
solicitation ¡
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9.4.6
9.4.7
9.4.8
9.4.9
9.4.10 Not take, consume or have in his possession anr intoxicant or illicit
drug(s) while on duty.
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Page 10 of 19
9.4.11 Not smoke while in the vehicle.
9.4.12
9.4.13
9.4.14
9.4.15
9.4.16
9.4.17
9.4.19
9.4.20
10.0 FARES
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Not obstruct the use of any sidewalk or make a~y loud noises,
disturbances or use abusive language or molest, annoy or insult
any person whatsoever '
Not carry in any taxicab a greater number of persons than such
vehicle is intended to seat according to manufafturer's rating or
than specified in this by-law I
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Not induce any passenger to employ him eitheri knowingly,
wantonly, or wilfully misinforming, misleading 0 deceiving such
passenger as to the arrival or departure of any ublic conveyance
or the location or distance from any part of the unicipality to any
terminal, public place, private residence or othe place, nor shall he
in any manner or form impose upon or deceive r in any way insult,
abuse or ill-treat any passenger including the u,e of foul language
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Not allow any illegal, immoral, indecent or diSO~erlY conduct in his
taxicab or limousine ,
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Not engage in the delivery of liquor as defined i~ the Liquor Licence
Act of Ontario, by taxicab or limousine unless sµch delivery is
carried out pursuant to the Liquor Licence Act df Ontario or
Regulations thereto I
Any licensed driver of a taxicab or limousine m,y carry two or more
"unrelated fares", from a common starting poin~ to two or more
destinations subject to the following regulation~
9.4.18.1 Each stop to discharge a passenger s~all be deemed to be
the end of one trip and the commence(nent of a new trip;
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9.4.18.2 Limousines may not carry "unrelated f,res" except on a
time basis i
No licensed driver shall pick up enroute any ad~itional passenger
after such vehicle has departed with one or more passengers from
any starting point, unless the person who origi~ally engages the
vehicle desires same ¡
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Provide a receipt for charges made and paid i~CIUding their name,
address of the owner and license number of th~ cab or limousine
promptly upon receiving a request from the peljson employing the
taxicab or limousine I
10.1 The fares or rates to be charged by the owners or drivers of taxicabs
shall be no more than is shown in Schedule "A" to thi$ by-law
10.2 The fares to be charged by the owners or drivers of t~xicabs may be
varied from time to time by resolution of Council ¡
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Each owner of a limousine shall be at liberty to demapd or receive any
fare or charge as the owner sees fit and such rate m~y be determined by
distance or time or on a fixed tariff basis
10.3
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Taxi By-Law
By-Law No. 2003 - 40
Page 11 of 19
10.4
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It shall be lawful for the driver of any licensed vehicle t~' demand prompt
payment of his lawful passenger and no passenger sh II refuse, as soon
as he reaches his destination to pay the fare establish d by this by-law,
and every person refusing to pay such fare shall be gu Ity of a breach of
this by-law. Any driver who shall demand any greater ~um than lawful
fare according to the provisions of this by-law shall be ,uilty of a breach of
this by-law !
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It shall be lawful for the driver of any licensed vehicle c~rrying passengers
for hire outside the Municipal limits to demand pre-payr¡nent of his lawful
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10.5
11.0 DENIAL. SUSPENSION AND REVOCATION OF LICENSES ¡
11.1 Any act done or by the authority of the Treasurer or thel Detachment
Commander under any provision of the by-law shall be ¡subject to an
appeal to Council by any person feeling aggrieved I
11.2
The Detachment Commander may temporarily suspen~ a license for a
period of up to 30 days, to take effect immediately whe~e the licensee has
been charged with any breach of the by-law or any statl(¡te referred to in
Section 6 hereof. Such temporary suspension shall be~Ubject to an
appeal to Council. The Detachment Commander shall repare a written
report giving the reasons for such temporary suspensio for submission
for the next meeting of Council.
11.3 The Detachment Commander or any interested party m~y apply to
Council to have a license revoked for cause. Cause sh~1I mean any
breach of the by-law
11.4 Where Council has denied the issuing of a license or w~en a licence is to
be considered for suspension or revocation, the applicart or licence
holder must be given written notice and is entitled to hafe a hearing by
Council. The notice shall be given no later than seven ( ) days prior to
the Council meeting by either being delivered to him at is address last
known to the South 8ruce Detachment of the OPP or b registered mail.
Where the notice is delivered by registered mail, the nO~'ce period shall
commence five (5) days after the date it was mailed. Th notice shall
contain the date, time and place of the hearing and the pplicant or
license holder shall be permitted either by himself or a r~presentative, to
appear before Council to show cause why such license phould not be
denied, suspended or revoked as the case may be I
In the event of any license issued under this by-law bei~ suspended or
revoked, the previous holder thereof shall not, without a proval of Council
apply for another license before the lapse of six (6) mon hs from the date
of such suspension or revocation
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11.5
12.0 PENALTIES
Any person who contravenes the provisions of this by-law is gu,lty of an offence
and upon conviction is subject to the penalty set out in the Pro~incial Offences
Act, R.S.O. 1990, Chapter P.33, as amended '
12.1
Any licensed owner of a taxicab or limousine that is invo~ved in any
contravention of this by-law is equally and separately gu Ity of the offence
and upon conviction is subject to the penalty as set out i the Provincial
Offences Act R.S.O. 1990, Chapter P.33, as amended
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Taxi By-Law
By-Law No. 2003 - 40
Page 12 of 19
12.2 Any taxi broker licensed under this by-law is equally an separately
accountable for any contravention of this by-law comm tted by any
licensed driver while assigned to them and upon convi tion is subject to
the penalty as set out in the Provincial Offences Act R. .0. 1990, Chapter
P.33, as amended
13.0 EXISTING LICENCES
13.1 All those taxicab and limousine owners, brokers and divers that hold valid
taxi licenses as of the passage of this by-law shall hav those licences
extended to midnight April 30, 2003. This application rovision in no way
reduces or eliminates these existing license holders fr m complying with
all applicable rates and regulation of this by-law once i comes into full
force and effect.
14.0 GENERAL
14.1 By-law No. 2003-02 is hereby repealed.
14.2 This by-law shall come into full force and effect upon i s final passage.
14.3 This by-law may be cited as the "Taxi By-law 2003".
READ a FIRST, SECOND and THIRD time and DEEMED TO BE ASSED this
2nd day of April, 2003.
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Clerk
Taxi By-Law
By-Law No. 2003 - 40
Page 15 of 19
The Corporation of the Municipality of Kincardine
By-law #2003-40
Schedule A
Schedule of Fees
Taxi Licensinq (no G.S.T.)
a) Owner/Driver (including one vehicle
and one driver licence) $ 85.00
b) Taxi broker $ 50.00
c) For each additional taxi cab owned
by the same owner/driver $ 30.00
d) For each additional limousine owned
by the same owner/driver $ 30.00
e) For each driver who is not an owner $ 25.00
f ) For the renewal of a driver's license
(if previously suspended) $ 10.00
g) For a replacement of a lost licence $ 10.00
Taxi Rates Charqed to Customers (includes G.S.T.)
Fee
a) For the first 1/10 of a kilometer or
part thereof
b) For each additional 1/10 of a kilometer
or part thereof
c) For waiting time under engagement:
- for each minute
- for each hour
$ 2.70
$ 0.20
$ 0.4166
$ 25.00
Taxi By-Law
By-Law No. 2003 - 40
Page 16 of 19
The Corporation of the Municipality of Kincardine
By-law #2003-40
Schedule B
Application for License as a Taxi Owner/Operator. Broker. Driver
Tick the box of the appropriate Licence(s) to which this application applies
o Taxi Owner/Operator 0 Taxi Broker 0 Taxi Driver
(Note: If the Taxi Owner/Operator is a partnership, attach all information below in respect of all partners
Full Legal Name of Applicant:
Street Address of Applicant:
Mailing Address:
(if different from above)
Telephone Number:
Is the Applicant a Corporation?
o Yes:
o No:
Birthdate of Applicant (if partnership or corporation, birthdate of all principals):
Number of vehicles owned by Applicant which are intended to be licenced under this by-law:
Has a Taxicab/Limousine Vehicle Licence Applicant been attached for each vehicle?
o Yes
ONo
If a Broker Licence Application, name and addresses of all vehicle owners or lessees for whom
the Broker Applicant will act as Taxi Broker (Attach a separate sheet if necessary):
Please provide the following if applicant is applying for a Taxi Driver's Licence
Ontario Drivers Licence: Classification:
Expiration:
The applicant agrees to provide information on request; including personal information as defined in the
Municipal Freedom of Information and Protections of Privacy Act.
In particular, I authorize the Corporation and its agents to enquire into any background in order to
determine my suitability as a taxi driver/owner. These enquiries will include a criminal check, a driver
licence history check and a review of all other police contacts deemed relevant.
I understand that information, including personal information, may be exchanged between the
Municipality of Kincardine and the South Bruce Detachment of the Ontario Provincial Police.
I have provided complete and correct information as required by this application. Criminal convictions
and convictions for any of the offences listed in Section 6.6 of this bylaw will result in the rejection of this
application. Relevant information from police data bases will be considered in the application process;
ie. Included but not limited to nature of contact, potential for recurrence etc. All decisions regarding this
application will be made by the Council for the Municipality of Kincardine with leave to appeal any
decision to them.
I have read By-law 2003-40 understand it and agree to abide by it.
I have read this consent, understand it and agree to it in its entirety.
Signature of Applicant
Date
Signature of Treasurer Date
Taxi By-Law
By-Law No. 2003 - 40
Page 17 of 19
The Corporation of the Municipality of Kincardine
By-law #2003-40
Schedule C
Taxi Owner Operator License
THE CORPORA TION OF THE MUNICIPALITY OF KINCARDINE
BY-LA W 2003-40
TAXI OWNER OPERA TOR
LICENSE
THIS license is granted to: (Name and address) to carryon business of a Taxi Service
within the Municipality of Kincardine.
PROVIDED the said (Name) shall duly observe all such By-laws, Rules and
Regulations, matters and things as are, or may be enacted by the Council of the
Municipality of Kincardine to govern within their jurisdiction.
THIS license to continue in force until April 30,
Issued at Kincardine on this TH day of
Received of (Name)
The sum of $ being the full amount payable on this license.
Treasurer
Taxi By-Law
By-Law No. 2003 - 40
Page 18 of 19
The Corporation of the Municipality of Kincardine
By-law #2003-
Schedule D
Taxi Broker License
THE CORPORA TION OF THE MUNICIPALITY OF KINCARDINE
BY-LA W 2003-40
TAXI BROKER LICENSE
THIS license is granted to: (Name and Address) to carryon business of a Taxi Broker
Service within the Municipality of Kincardine for the following vehicle owners:
(Name and addresses)
PROVIDED the said (Name) shall duly observe all such By-laws, Rules and
Regulations, matters and things as are, or may be enacted by the Council of the
Municipality of Kincardine to govern within their jurisdiction.
THIS license to continue in force until April 30,
Issued at Kincardine on this TH day of
Received of (Name)
The sum of $ being the full amount payable on this license.
Treasurer
Taxi By-Law
By-Law No. 2003 - 40
Page 19 of 19
The Corporation of the Municipality of Kincardine
By-law #2003-40
Schedule E
Taxi Driver License
Taxi By-Law
By-Law No. 2003 - 40
Page 20 of 19
The Corporation of the Municipality of Kincardine
By-law #2003-40
Schedule F
Application for a Taxicab/Limousine Vehicle License
Name of Registered Owner of Vehicle:
Mailing Address of Owner:
If a partnership or corporation, state the above in respect of all principals. If a lease
vehicle, state Lessee's name and address.
License # of Vehicle:
Serial # of Engine:
Year:
Model:
Make:
Colour:
Odometer reading:
Insurer:
Agency:
Address of Agency:
Expiry Date of Insurance:
Agency Telephone:
Safety Standard Certificate Number:
Has this vehicle ever been involved in a motor vehicle accident?
Signature of Applicant
Date
Signature of Treasurer
Date
Taxi By-Law
By-Law No. 2003 - 40
Page 21 of 19
The Corporation of the Municipality of Kincardine
By-law #2003-40
Schedule G
Taxi Cab/Limousine Vehicle License
THE CORPORA TION OF THE MUNICIPALITY OF KINCARDINE
BY-LA W 2003-40
TAXI VEHICLE/LIMOUSINE
LICENSE
THIS license is granted to: (Name and address), the registered owner of the vehicle
identified below to use the said vehicle as a taxi/limousine within the Municipality of
Kincardine.
PROVIDED the said (Name of registered owner) shall duly observe all such By-laws,
Rules and Regulations, matters and things as are, or may be enacted by the Council of
the Municipality of Kincardine to govern within their jurisdiction.
Vehicle Serial Number:
Vehicle License Number:
Vehicle Make:
THIS license to continue in force until April 30,
Issued at Kincardine on this TH day of
Received from (Name).
The sum of $ being the full amount payable on this license.
Treasurer