HomeMy WebLinkAbout03 002 taxi by-law
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINC
.BT
NO. 2003 - 02
ENDEDJREPEALED B"f
'iN NO. .2 eo 3 -';0
4,..r:( 2. .;z,,03
BEING A BY-LAW TO PROVIDE FOR THE LICEN lNG,
REGULATING AND GOVERNING OF OWNERS, BRO ERS AND
DRIVERS OF TAXICABS AND LIMOUSINES USED F R HIRE
FOR THE TRANSPORTATION OF PASSENGERS; A D FOR
THE ESTABLISHMENT OF RATES OR FARES T BE
CHARGED THEREFORE
WHEREAS Section 232 of the Municipal Act, R.S.O. 1990, chapter .45, as amended,
authorizes councils of municipalities to pass by-laws for the licensin ,regulating and
governing of owners, brokers and drivers of taxicabs or other motor 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 w oily within a
municipality or to any point not more than five (5) kilometres beyon its limits, and for
providing for the collection of such rates for fares, for limiting the nu ber of taxis and
for suspending or revoking any such license;
AND WHEREAS Sections 257.1 to 257.7 of the Municipal Act, R.S.O. 1990, chapter M.
45 as amended, authorizes councils of municipalities to pass by-Ia s for the licensing,
regulating and governing of businesses,
I
AND WHEREAS it is desirable to provide for the health and safety rnd consumer
protection of the residents of the municipality, I
NOW THEREFORE the Council for the Corporation of the Municip lity of Kincardine
enacts as follows:
1.0 DEFINITIONS
1.1 "Municipality" shall mean the Corporation of the Muni ipality of Kincardine
1.2 "Council" shall mean the Council for the Corporation f the Municipality of
Kincardine
1.3 "Treasurer" shall mean the Treasurer for the Corpora ion of the
Municipality of Kincardine
1.4 "Detachment Commander" shall mean the Detachme t Commander or
designee, Ontario Provincial Police, South Bruce Det chment
1.5 "Owner" shall mean any person owning a taxicab or I mousine or having
possession or control thereof under an instalment pu chase agreement or
by way of rental who is licensed as such or required s such under this
by-law
.../2
e
Taxi By-Law
By-Law No. 2003 - 02
Page 2 of 20
1.6 "Taxi Broker" shall mean any person or corporate ent ty who accepts calls
in any manner for taxicabs used for hire and which a e owned by persons
other than the broker
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 river's license
1.8 "Passenger" shall mean in addition to its common m aning where used in
context throughout this by-law, shall also mean a pe on travelling in a
taxicab or limousine who is not paying a fare.
1.9 "Person" shall include not only an individual but also partnership,
corporation or association and the heirs, successors nd assigns thereof
1.10 "Taxicab" shall mean any passenger motor vehicle r gularly used for hire
for the conveyance of persons having a normal seati g capacity of not
more than nine persons, but shall not include a publi vehicle as defined
in the Public Vehicles Act, R.S.O. 1990 P. 54 and a endments thereto
e
1.11 "Limousine" shall mean a motor vehicle which does ot bear any
identification other than the number plate issued by t e Ministry of
Transportation for the Province of Ontario which doe not have a
taximeter and which is kept or used for hire for the c nveyance of
passengers but shall not include a taxicab
1.12 ''Taxi Owner/Operator License" shall mean a licence ranted under the
authority of this by-law by the Municipality of Kincard ne to own and
operate any vehicle used for hire
1.13 "Broker's License" shall mean a license granted und r the authority of this
by-law by the Municipality of Kincardine to a person ther than the owner
of a taxicab or limousine who accepts calls
1.14 "Taxi Driver's License" shall mean a license granted nder the authority of
this by-law by the Municipality of Kincardine to a driv r of a taxicab or
limousine
e
1.15 ''Taxi/Limousine Vehicle License" shall mean a licen e granted under the
authority of this by-law by the Municipality of Kincard ne for each taxicab
or limousine
1.16 "Safety Standard Certificate Of Mechanical Fitness" hall mean a Safety
Standards Certificate of Mechanical Fitness certifica e issued by a
registered motor vehicle inspection station pursuant 0 the provisions of
the Highway Traffic Act
1.17 "Taximeter" shall mean any device installed in a taxi b and approved by
the Treasurer to accurately register the kilometres tr veiled by the taxicab
1.18 "Taximeter Calibration Certificate" shall mean a Taxi eter Calibration
Certificate issued by a firm whose regular business i the calibration of
taxi meters
1.19 "Fare" shall mean the fee a person has to pay to be onveyed by taxicab
or limousine and also means a person travelling or bing conveyed by
taxicab or limousine for a fee
e
1.20 Any reference herein to male gender shall be const ed to include the
female gender as well, and any reference to singula or plural shall be
interpreted as the opposite number where the conte so requires
Taxi By-Law
By-Law No. 2003 - 02
Page 3 of 20
2,0 DUTIES OF THE TREASURER OR HIS DESIGNATE
e The Treasurer shall have the following duties in connection ith the provisions of
this by-law.
2.1 Provide each person wishing to apply for a license und r this by-law one
copy of this by-law
2.2 To receive all applications for licenses and refer the ap licant to the
Detachment Commander to undertake the enquires an discharge the
Commander's duties as provided in Section 3 of this b -law
e
2.3 To inspect from time to time, every taxicab and limousi e and the
necessary equipment thereof and the condition of suc taxicab and
limousine but this in no way shall require the Treasure to certify mechanical
aspects of the vehicle or taximeter. In carrying out this duty the Treasurer
shall receive from the applicant a valid Safety Standa Certificate of
Mechanical Fitness dated no longer than thirty (30) da s before the
application for license is submitted, unless exempt as etermined under
Section 5.5 of this by-law, as well as carry out a distan e test to determine
acceptable operation of the taxi meter. If the taxi-met r is not found to be
operating within the acceptable limits, the applicant sh II provide the
Treasurer with a valid Taxi Meter Calibration Certificat within 7 working
days. Acceptable operation is defined as the rate set ut in schedule A of
this by-law for the distance of one (1) kilometer being chieved within one
car length of one (1) kilometer. The Treasurer shall p vide a
recommendation to Council regarding the issuance or enial of a taxicab
vehicle license in accordance with the provisions of thi by-law
2.4 To notify any applicant of the Municipality's issuance a license or refusal
to issue a license. Any refusal to issue a license shall be subject to an
appeal to Council I
!
2.5 To prepare all licenses including a photo driver's identi lcation card to each
licensed driver and collect all fees where applicable wi hin 14 working days
of receiving Council approval for the issuance of the Ii ence
e
2.6 To submit a report to Council pursuant to the perform nce of these duties
under this by-law on a regular basis. Such report to in lude applications,
approvals, denials, and licences issued
2.7 To assign any act or duty to be performed by the Trea urer under this by-
law to a designate.
3.0 DUTIES OF THE DETACHMENT COMMANDER OR HIS
The Detachment Commander shall have supervision over II the persons and
vehicles licensed under this by-law together with equipmen used by them and
the following shall be the duties of the Detachment Comma der in connection
with the provisions of this by-law.
e
3.1 To report to Council the performance of his duties u der this by-law
whenever he shall be requested to do so. This repo to include all
temporary suspensions issued by the Detachment mmander as
authorized by this by-law
3.2 To make all necessary inquiries concerning the qual Ications of persons
submitting an application for licensing. To examine very application for a
driver's license as to the ability of the applicant to op rate a taxi or
e
e
e
e
Taxi By-Law
By-Law No. 2003 - 02
Page 4 of 20
limousine. Any person applying for a taxicab owners, broker, or driver's
license must submit, at their own cost, a background heck from the
police. The Detachment Commander shall provide a recommendation to
Council regarding the issuance or denial of a taxicab wner, broker, taxi
driver or dispatcher license in accordance with the pr visions of this by-
law
3.3 To ascertain by inspection and enquiry from time to ti e and as often as
may be required by Council, whether the persons rec iving licenses
continue to comply with the provisions of this by-law
3.4 Upon completion of the enquiries and inspections in ections 3.2 and 3.3
as applicable, the Detachment Commander shall:
3.4.1 if no adverse information has been received 0 determined
regarding an applicant for an owner, broker, d 'ver, or vehicle
licence, make a recommendation to Council f r the issuing of a
licence which shall be considered by them in t e making of
Council's decision to approve/deny a licence
3.4.2 if adverse information has been received or d termined regarding
an applicant for an owner, broker, driver, or ve icle licence, make a
recommendation to Council for the denial of a licence which shall
be considered by them in the making of Coun ii's decision to
approve /deny a licence
3.4.3 If adverse information has been received or d termined regarding a
current licence holder, make a recommendati n to Council for the
revocation or suspension of the licence which hall be considered
by them in the making of Council's decision to revoke or suspend a
licence
3.5 To inspect the record of calls answered by the owne or broker on a
periodic basis
3.6 To give evidence in the prosecution of all persons w 0 shall offend
against any of the provisions of this by-law
3.7 To assign any act or duty to be performed by the De chment
Commander under this by-law to a designate who is police officer under
his command
4.0 LICENCES
4.1 Council shall consider all applications for licenses. Su h consideration shall
include but is not limited to the recommendation recei ed from the
Detachment Commander as provided in Section 3.4 0 this by-law. Council
shall either grant or refuse to grant a licence to the ap licant.
4.2 The owner of a taxicab or limousine shall not operate i without a current
valid taxi license from Council and prior to obtaining a icense 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/operato license issued shall
be as set out in Schedule "C" of this by-law
4.3 No person shall act as a taxi broker without a current alid broker's license
from Council and prior to obtaining a license shall co plete 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 b as set out in
Schedule "D" of this by-law
e
e
e
e
5.0
Taxi By-Law
By-Law No. 2003 - 02
Page 5 of 20
4.4 No person shall drive or act as a driver of any taxicab 0 limousine without
having a valid municipal taxi driver's license from Coun iI and prior to
obtaining a license shall complete and submit an appli ation as set out in
Schedule "B" and pay the fee as set out in Schedule" ft. The taxi driver's
license issued shall be as set out in Schedule "E" of thi by-law
4.5 No vehicle shall be used as a taxicab or limousine with ut a current valid
vehicle license from Council and prior to obtaining a lic nse shall complete
and submit an application as set out in Schedule "F" if i is the first or only
vehicle to be licensed by an owner and pay the fee as et out Schedule "A".
The taxi vehicle license issued shall be as set out in S hedule "G" of this
by-law
4.6 Every owner of more than one taxicab or limousine to e licensed under this
by-law shall take out an additional license for each veh cle licensed and
shall complete and submit an application as set out in chedule "F" and pay
the fee as set out in Schedule "A". The taxi vehicle lice se 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-Ia
4.8 No licensed owner incorporated under the laws of the rovince of Ontario or
any other jurisdiction shall permit the transfer of share which would have
the effect of changing control of The Corporation witho t the approval of
Council
4.9 The person in whose name a taxicab owner's license i applied for and
taken out for a vehicle shall be considered the owner the same for the
purpose of this by-law and they shall be liable for pena ties herein described
4.10 No owner of a taxicab or limousine licensed under this by-law shall use or
permit the use of any number plate upon any taxicab 0 limousine other
than the plates issued by the Ministry of Transportatio of Ontario for such
vehicle.
4.11 Licences in effect on the date of passage of this by-Ia will remain in effect
until April 30, 2003. All licences issued after the date f passage of this by-
law shall also expire on April 30, 2003. Thereafter lice ces issued under
this by-law shall be for a maximum two year period. T e initial two year
period shall commence May 1, 2003 and expire at mid ight April 30, 2005.
4.12 Applicants for licenses under this by-law shall be requi ed to sign a waiver
of disclosure of police records check and driver licens history check to
allow the Detachment Commander to conduct the ne ssary investigations
under Section 3 of this by-law. The Detachment Com ander is authorized
to disclose this information to the Treasurer or Council as required
APPLICATIONS FOR LICENCES
Applications for licences shall be addressed to Council and delivered to the
Treasurer upon the form or forms as contained in the Sch ules attached to this
by-law, together with the following:
5.1 Payment of the appropriate fee prescribed by the by-I w
e
e
e
e
Taxi By-Law
By-Law No. 2003 - 02
Page 6 of 20
5.2 Certificate of Insurance issued by a company authorize to do business in
Ontario certifying that the owner or broker and driver of each taxicab or
limousine for which a taxi-cab or limousine vehicle lice se is being applied
for, are insured for public liability property damage and assenger hazard,
with a minimum $1,000,000 coverage per incident or 0 currence and written
confirmation from the insurer that the Treasurer will rec ive at least thirty
(30) days written notice prior to any cancellation, expir ion or variation
thereof
5.3 One (1) passport quality photograph of the applicant fo a taxi driver's
license. The cost of this photograph shall be borne by he Municipality
5.4 A valid Safety Standard Certificate of Mechanical Fitne s for each taxicab
or limousine to be licensed certifying such vehicle is in safe condition to
be operated upon a highway and such certificate must e dated no longer
than thirty (30) days before the application for the licen e is submitted. A
vehicle is exempt from the Safety Standard Certificate f Mechanical
Fitness which has travelled less than TWENTY THOU AND (20,000)
kilo metres or not more than 12 months has elapsed f m the date of first
registration as a new motor vehicle unless said vehicle has 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 test performed by
the Treasurer did not demonstrate acceptable charges based on the rates
set out in this by-law. Such certificate must be provide within 7 working
days after completion of the distance test. The cost of his certificate shall
be borne by the applicant
6.0 QUALIFICATIONS
6.1 An applicant shall be eighteen (18) years of age or old r to be licensed
under this by-law
6.2 An applicant for a taxi driver's license shall be the hOI~r of any of a class
A, B, C, D, E, F or G driver's license issued to him by t e Ministry of
Transportation and Communications for the Province f Ontario
6.3 An applicant for a license shall be able to comprehend the English
language
6.4 An applicant for a taxicab vehicle license shall be regi tered with the
Ministry of Transportation and Communications for th Province of Ontario
as owner of the taxicab or limousine for which the lice se is applied for
6.5 An applicant shall be familiar with the provisions of thi by-law, the laws and
regulations relating to traffic and the geography of the unicipalityof
Kincardine
6.6 An applicant shall meet the following conditions in ord r to be considered
for the issuance of a licence
6.6.1 Not have accumulated more than six (6) deme 't points on his
driving record
6.6.2 Not have had a driver's licence under suspensi n at any time within
the preceding twelve (12) months as a result of having been
convicted or found guilty of:
a) driving under suspension
b) speeding over fifty (50) km above the limit
_J
e
e
e
e
Taxi By-Law
By-Law No. 2003 - 02
Page 7 of 20
careless driving
racing on a highway
leaving the scene of an accident
a Criminal Code of Canada offence: comm' ed by means of a
motor vehicle or while driving or having car and control of a
motor vehicle
flight from police
c)
d)
e)
f)
g)
6.6.3 have been convicted or found guilty within the p ceding five (5)
years of two or more offences under the Crimin I Code of Canada,
committed on different dates by means of a mot r vehicle, or while
driving or having care and control of a motor ve icle
6.6.4 Not have been convicted or found guilty within t e preceding five (5)
years under section 4 or 5 of The Narcotic Cont I Act of Canada
6.6.5 Not have been convicted or found guilty within t e preceding five (5)
years of certain sexual or morals offences unde the Criminal Code
of Canada
6.6.6 Not have been convicted or found guilty of any ence for conduct
that affords reasonable grounds for believing th t he will not properly
perform his duties, or is not a proper person to h ve custody of
children or seniors.
6.7 In exercising the power under Section 257.2(2)(b), (d), g) or (h) of the
Municipal Act, R.S.O. 1990, Chapter M.45 as amend ,Council shall
consider whether the applicant conducts themselves s provided for in
Section 257 .3(b) of the Act
7.0
EQUIPMENT AND ITS USES
7.1 Every owner shall have affixed to each taxicab in resp 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 nd 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 taxi 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 II automatically not
receive a license and shall have an existing license su pended or revoked.
Every taximeter shall be adjusted based on the rates stout in this by-law
7.3 In an emergency, the Detachment Commander may a thorize an owner to
operate a taxicab without a meter for a period of 48 ho rs
7.4 No person licensed under this by-law shall carry or pe it 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 pe it
7.5 No person licensed under this by-law shall carry in any taxicab or limousine
a greater number of occupants or person including the river 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
7.6 No person shall use or operate a taxicab unless the sa e has affixed on
the exterior thereof the word "TAXI" in letters large eno gh to be clearly
visible to the public on a sign permanently mounted on the roof capable of
e
Taxi By-Law
By-Law No. 2003 - 02
Page 8 of 20
illumination, and lighted at the same time as headlights are required to be
lighted under the Highway Traffic Act
7.7 The owner and/or driver of a taxicab or limousine shall e responsible to
ensure that the interior of the vehicle is in clean conditi n and in good repair
at all times
7.8 The owner and/or driver of the taxicab shall display in prominent location
within the taxicab in clear view of the passengers the r tes or fares charged
by the owner for the use of the taxicab
8.1 Every person licensed as a taxicab owner or broker s all
8.0 RESPONSIBLlTIES OF THE TAXICAB OWNER OR BRO
8.1.1 Keep a record of calls answered by vehicles Ii ensed by him or to
whom he directs calls showing date, time, orig n, destination,
vehicle license number and driver; records to e kept in an orderly
manner for a period of twelve (12) months and open for inspection
e by the Treasurer
Submit his vehicle for examination prior to a Ii ense being issued
8.1.2
for the same and following the completion of e ch twelve (12)
month period thereafter, or any other time as r quired by the
Treasurer
8.1.3 Before employing a taxicab driver, notify the T easurer of the
proposed employee, who shall be required to btain a taxi driver's
licence under this by-law, and when the said e ployee leaves his
employ, notify the Treasure of such terminatio
8.1.4 Require that drivers employed by him have be n approved by the
company providing the insurance coverage an provide proof of
same to the Detachment Commander
8.1.5 Require that persons engaged as taxicab driV1rs are properly
licensed under this by-law
e 8.1.6 No owner or broker licensed under this by-law shall permit a
licensed driver to work more than twelve (12) ours within any
fifteen (15) consecutive hours. In no case sh II the driver be
permitted to work more than sixteen (16) hou in any twenty-four
(24) consecutive hours
8.1,7 Every taxicab or limousine owner or broker sh II keep a current list
of the drivers' names and home addresses in is office
8.1.8 Every self-employed owner/driver shall notify t e Treasurer of any
change of his office address and/or home add ess within five (5)
days of changing location
e
8.1.9 Provide on his own or in conjunction with a lic nsed taxicab broker
a suitable office for the carrying on of his busi ess and keep the
same orderly, clean and neat
8.1.10 Provide on his own or in conjunction with a lic~nsed taxicab broker
telephone and radio dispatching facilities mai tained in proper
working condition
e
e
e
e
Taxi By-Law
By-Law No. 2003 - 02
Page 9 of 20
9.0 RESPONSIBILITIES OF A DRIVER
9.1
Every person licensed as a taxicab or limousine drive shall complete an
application for a taxicab driver's licence as shown in chedule "B" of this
by-law
9.2 Every person licensed as a driver under this by-law s all keep a daily
record (herein referred to as a trip record) of all trips ade by him and
such record shall contain the following:
9.2.1 The vehicle license plate of the taxicab or limo sine and the
number of the taxicab or limousine owner's Ii nse issued under
the provisions of this by-law
9.2.2 The name and identification number of the dri r
9.2.3 The amount of fare for each trip
9.2.4 The date, time, origin and destination of each t 'p
9.3
Every driver who drives a taxicab or limousine of whi he is not the
owner, shall at the end of each day's tour of duty, deli er to the owner a
copy of the said daily record
9.4 Every person licensed as a taxicab driver under this y-Iaw shall
9.4.1 Carry their driver's identification card as prepa ed by the Treasurer
at all times when operating a taxicab or limous ne
9.4.2 Upon request of any police officer, provide full nformation as to
passengers carried
9.4.3 Shall supply his first name and taxi driver's lic nce number when
requested to do so by any passenger
9.4.4 While on duty, be neat and clean in his person
9.4.5 Punctually keep all appointments and engage ents and while on
duty unless his taxicab or limousine has been reviously engaged,
serve at any place within the Municipality at an specified time,
whether by day or night, any person who may I wfully require a
taxicab or limousine and he shall not neglect t fulfil his
appointment or engagement, except for reaso s beyond his control
9.4.6 Take due care of all property delivered or ent sted to him and
accepted by him for conveyance or safekeepi and immediately
upon termination of any hiring or engagement, shall search his
taxicab for any property lost or left therein and all money or
property left in this taxicab or limousine shall b forthwith delivered
to the person owning same, or if the owner ca not be found at
once, then to an officer in charge at the Kinca~ ine Provincial
Police office with all information in his possess on regarding same
9.4.7 Travel by the most direct route to the point of estination unless
otherwise directed by the person engaging the taxicab or limousine
9.4.8 Search his vehicle at the beginning and termin tion of his tour of
duty for any alcoholic beverages, drugs or oth r illegal goods
e
e
e
e
Taxi By-Law
By-Law No. 2003 - 02
Page 10 of 20
9.4.9 Not solicit any person to take or use his taxica or limousine by
calling out or shouting, The person wishing to se or engage a
taxicab or limousine shall be left to choose wit ut interception or
solicitation
9.4.10 Not take, consume or have in his possession a y intoxicant or illicit
drug(s) while on duty,
9.4.11 Not smoke while in the vehicle.
9.4.12 Not obstruct the use of any sidewalk or make ny loud noises,
disturbances or use abusive language or mole t, annoy or insult
any person whatsoever
9.4.13 Not carry in any taxicab a greater number of p rsons than such
vehicle is intended to seat according to manuf cturer's rating or
than specified in this by-law
9.4.14 Not induce any passenger to employ him eithe knowingly,
wantonly, or wilfully misinforming, misleading 0 deceiving such
passenger as to the arrival or departure of any public conveyance
or the location or distance from any part of the unicipality to any
terminal, public place, private residence or oth r place, nor shall he
in any manner or form impose upon or deceive or in any way insult,
abuse or ill-treat any passenger including the e of foul language
9.4.15 Not allow any illegal, immoral, indecent or diso erly conduct in his
taxicab or limousine
9.4.16
Not engage in the delivery of liquor as defined n the Liquor Licence
Act of Ontario, by taxicab or limousine unless uch delivery is
carried out pursuant to the Liquor Licence Act f Ontario or
Regulations thereto
9.4.17
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 ent of a new trip;
9.4.18.2 Limousines may not carry "unrelated f res" except on a
time basis
9.4.19 No licensed driver shall pick up enroute any a ditional passenger
after such vehicle has departed with one or m re passengers from
any starting point, unless the person who origi ally engages the
vehicle desires same
9.4.20 Provide a receipt for charges made and paid i cluding their name,
address of the owner and license number of th cab or limousine
promptly upon receiving a request from the pe on employing the
taxicab or limousine
10.0 FARES
10.1 The fares or rates to be charged by the owners or dri ers 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
Taxi By-Law
By-Law No. 2003 - 02
Page 11 of 20
e
10.3 Each owner of a limousine shall be at liberty to dema d or receive any
fare or charge as the owner sees fit and such rate ma be determined by
distance or time or on a fixed tariff basis
10.4 It shall be lawful for the driver of any licensed vehicle 0 demand prompt
payment of his lawful passenger and no passenger s all refuse, as soon
as he reaches his destination to pay the fare establis ed by this by-law,
and every person refusing to pay such fare shall be g ilty of a breach of
this by-law. Any driver who shall demand any greate sum than lawful
fare according to the provisions of this by-law shall b guilty of a breach of
this by-law
10.5 It shall be lawful for the driver of any licensed vehicle arrying passengers
for hire outside the Municipal limits to demand pre-pa ment of his lawful
fare
11.0 DENIAL SUSPENSION AND REVOCATION OF LICENSE
e 11.1 Any act done or by the authority of the Treasurer or t e Detachment
Commander under any provision of the by-law shall e subject to an
appeal to Council by any person feeling aggrieved
11.2 The Detachment Commander may temporarily suspe d a license for a
period of up to 30 days, to take effect immediately were the licensee has
been charged with any breach of the by-law or any st tute referred to in
Section 6 hereof. Such temporary suspension shall e subject to an
appeal to Council. The Detachment Commander sh II prepare a written
report giving the reasons for such temporary suspen ion for submission
for the next meeting of Council.
11.3 The Detachment Commander or any interested party may apply to
Council to have a license revoked for cause. Cause hall mean any
breach of the by-law
11.4 Where Council has denied the issuing of a license or when a licence is to
be considered for suspension or revocation, the appl ant or licence
e holder must be given written notice and is entitled to ave a hearing by
Council. The notice shall be given no later than sev n (7) days prior to
the Council meeting by either being delivered to him t his address last
known to the South Bruce Detachment of the OPP 0 by registered mail.
Where the notice is delivered by registered mail, the otice period shall
commence five (5) days after the date it was mailed. he notice shall
contain the date, time and place of the hearing and t e applicant or
license holder shall be permitted either by himself or representative, to
appear before Council to show cause why such licen e should not be
denied, suspended or revoked as the case may be
11.5 In the event of any license issued under this by-law ing suspended or
revoked, the previous holder thereof shall not, witho t approval of Council
apply for another license before the lapse of six (6) onths from the date
of such suspension or revocation
12.0 PENALTIES
e Any person who contravenes the provisions of this by-law i guilty of an offence
and upon conviction is subject to the penalty set out in the rovincial Offences
Act, R.S.O, 1990, Chapter P.33, as amended
e
e
e
e
Taxi By-Law
By-Law No. 2003 - 02
Page 12 of 20
12.1 Any licensed owner of a taxicab or limousine that is i volvedin any
contravention of this by-law is equally and separately guilty of the offence
and upon conviction is subject to the penalty as set 0 t in the Provincial
Offences Act R.S,O. 1990, Chapter P.33, as amend
12.2 Any taxi broker licensed under this by-law is equally nd separately
accountable for any contravention of this by-law com itted by any
licensed driver while assigned to them and upon con iction is subject to
the penalty as set out in the Provincial Offences Act ,S.O. 1990, Chapter
P,33, as amended
13.0 EXISTING LICENCES
13,1 All those taxicab and limousine owners, brokers and rivers that hold valid
taxi licenses as of the passage of this by-law shall ha e those licences
extended to midnight April 30, 2003. This application provision in no way
reduces or eliminates these existing license holders f m complying with
all applicable rates and regulation of this by-law once it comes into full
force and effect.
14.0 GENERAL
14.1 By-law No. 1997-60 passed under the jurisdiction of t e former Town of
Kincardine be and the same is hereby repealed
14.2 This by-law shall come into full force and effect upon ts final passage
14.3 This by-law may be cited as the "Taxi By-law"
READ a FIRST, SECOND and THIRD time and FINALLY PASSE this
8th day of January, 2003
--
-~
Clerk
Taxi By-Law
By-Law No. 2003 - 02
Page 14 of 20
The Corporation of the Municipality of Kincardine
By-law #2003-02
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 - 02
Page 15 of 20
The Corporation of the Municipality of Kincardine
By-law #2003-02
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 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. The South
Bruce Detachment of the Ontario Provincial Police will make recommendations regarding the
application.
Taxi By-Law
By-Law No. 2003 - 02
Page 16 of 20
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- 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 - 02
Page 17 of 20
The Corporation of the Municipality of Kincardine
By-law #2003-02
Schedule C
Taxi Owner Operator License
THE CORPORA TION OF THE MUNICIPALITY OF KINCARDINE
BY-LA W 2003-02
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 - 02
Page 18 of 20
The Corporation of the Municipality of Kincardine
By-law #2003-02
Schedule D
Taxi Broker License
THE CORPORA TION OF THE MUNICIPALITY OF KINCARDINE
BY-LA W 2003-02
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 - 02
Page 19 of 20
The Corporation of the Municipality of Kincardine
By-law #2003-02
Schedule E
Taxi Driver License
Taxi By-Law
By-Law No. 2003 - 02
Page 20 of 20
The Corporation of the Municipality of Kincardine
By-law #2003-02
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 - 02
Page 21 of 20
The Corporation of the Municipality of Kincardine
By-law #2003-02
Schedule G
Taxi Cab/Limousine Vehicle License
THE CORPORA TION OF THE MUNICIPALITY OF KINCARDINE
BY-LA W 2003-02
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