TaxiBylaw London
TaxiBylaw London
TaxiBylaw London
By-law
L.-129-51 Consolidated April 28, 2015
As Amended by
By-law No.
L.-129(a)-208
L.-129(b)-297
L.-129(c)-145
Copyright 2001
OFFICE CONSOLIDATION
INCLUDING AMENDMENT L.-129(c)-145 April 28, 2015
DEFINITIONS
Part 2
PROHIBITIONS
Part 3
Part 4
ADMINISTRATION OF BY-LAW
Part 5
Part 6
ISSUANCE OF LICENCES
Part 7
Part 8
Part 9
Part 10 -
Part 11 -
Part 12 -
Part 13 -
ENFORCEMENT
Part 14 -
INSPECTIONS
Part 15 -
TARIFFS/FARES
Part 16 -
Part 17 -
PENALTY
Part 18 -
GENERAL
Part 19 -
MISCELLANEOUS
Bill No. 67
2012
By-law No. L.-129-51
(e)
(f)
(g)
AND WHEREAS subsection 151(5) of the Municipal Act, 2001 provides that subsection 151(1)
applies with necessary modifications to a system of licences with respect to any activity, matter
or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of
licences with respect to a business;
AND WHEREAS subsection 156(1) of the Municipal Act, 2001 provides that without limiting
sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to the
owners and drivers of taxicabs, may:
(a)
(b)
(c)
AND WHEREAS the Council for the City of London considers it necessary and desirable for the
public to regulate Vehicles for Hire for the purposes of health and safety, consumer protection
and service quality to ensure an efficient Vehicle for Hire service is available to all persons
including the travelling public in the City of London and that such Vehicle for Hire service is
provided in a manner that provides a safe environment for both passengers and drivers;
AND WHEREAS section 23.2 of the Municipal Act, 2001 permits a municipality to delegate
certain legislative and quasi-judicial powers;
AND WHEREAS Council for the City of London is of the opinion that the delegation of legislative
powers under this by-law to the Licensing Manager and the Hearings Officer, including without
limitation the power to issue and impose conditions on a licence, are powers of a minor nature
having regard to the number of people, the size of geographic area and the time period affected
by the exercise of the power in accordance with subsection 23.2(4) of the Municipal Act, 2001;
AND WHEREAS subsection 391(1) of the Municipal Act, 2001 provides that a municipality may
impose fees and charges on persons,
(a)
(b)
(c)
AND WHEREAS section 444 of the Municipal Act, 2001 provides that the municipality may
make an order requiring the person who contravened the by-law or who caused or permitted the
contravention to discontinue the contravening activity, and any person who contravenes such an
order is guilty of an offence;
AND WHEREAS it is deemed expedient to pass this by-law;
NOW THEREFORE the Council of The Corporation of the City of London hereby enacts as
follows:
Part 1
DEFINITIONS
1.1
For the purpose of interpreting the provisions set forth in this By-law, the following
definitions shall apply:
In this By-law:
(a)
(b)
Accessible Cab Driver means a Licensed Cab Driver whose Licence has been
endorsed by the Licence Manager to permit him or her to drive an Accessible Cab;
(c)
Accessible Cab Owner means a person who holds a Class A Accessible Cab
Owner Licence and corresponding Owner Plate or a Class B Accessible Cab Owner
Licence and corresponding Owner Plate;
(d)
Accessible Cab Priority List means the list of Applicants for Accessible Cab
Owner Licences maintained by the Licence Manager in accordance with this By-law;
(e)
(f)
Broker means any person who accepts Orders for or Dispatches Vehicles for Hire
that are owned by someone other than the person;
(g)
Brokerage means the business of a Broker and shall be deemed to include the
premises where the business is carried on;
(h)
(i)
(j)
Cab Owner means a person who holds a Class A Cab Owner Licence and
corresponding Owner Plate or a Class B Cab Owner Licence and corresponding
Owner Plate;
(k)
(l)
Cab Priority List means the list of Applicants for Cab Owner Licences maintained
by the Licence Manager in accordance with this By-law;
(m)
Cab Stand means the area set aside and designated by the City to be used by a
Cab or an Accessible Cab while it is waiting for or picking up goods or Passengers;
(n)
CIR means a Criminal Information Report containing the result of a search of the
Canadian Police Information Centre;
(o)
(p)
(q)
(r)
Class B Accessible Cab Owner means a person who holds a Class B Accessible
Cab Owner Licence and corresponding Owner Plate;
(s)
(t)
Class A Cab Owner Licence means a Cab Owner Licence issued in the first
instance on or before October 31, 2004 with a corresponding Owner Plate numbered
100-999 inclusive;
(u)
Class B Cab Owner means a person who holds a Class B Cab Owner Licence
and corresponding Owner Plate;
(v)
Class B Cab Owner Licence means a Cab Owner Licence issued in the first
instance after October 31, 2004 or a Cab Owner Licence issued from the Cab Owner
Priority List with the corresponding Owner Plate numbered 1000 or greater;
(w)
(x)
Council means the Municipal Council of The Corporation of the City of London;
(y)
(z)
(aa)
(bb)
Driver means the individual who has care and control of a Cab, Accessible Cab,
Limousine or Group Transportation Vehicle;
(cc)
(dd)
Fare means:
(i)
in the case of Cabs or Accessible Cabs, the amount of money displayed on
the Cab Meter at the termination of a Trip, calculated as set out in Schedule
I of this By-law;
(ii)
(iii)
(iv)
(ee)
Fleet means one or more City Plated Vehicles being Dispatched by a Broker;
(ff)
(gg)
(hh)
(ii)
(jj)
Hearings Officer means a Hearings Officer appointed under the Citys Hearings
Officer By-law A-6653-121 as amended;
(kk)
(ll)
Licence Manager means the Chief Municipal Law Enforcement Officer and
includes her or his delegates;
(oo)
(pp)
(qq)
(rr)
(ss)
(tt)
Limousine (Classic) means a motor vehicle for which an historic permit has been
issued under the Highway Traffic Act that is available for or providing a Conveyance
Service, but does not include a Cab, Accessible Cab, Limousine (Executive),
Limousine (Stretch) or Group Transportation Vehicle;
(uu)
(vv)
Limousine Stand means the area set aside and designated by the City to be used
by a Limousine while it is waiting for or picking up goods or Passengers;
(ww)
Low Emission Vehicle means a motor vehicle that is a hybrid vehicle or a vehicle
powered by electricity;
(xx)
(yy)
Municipality means the land within the geographic limit of the City of London;
(zz)
(aaa) Order means a request for a motor vehicle to provide a Conveyance Service;
(bbb) Owner means the person who holds a Cab Owner Licence, Accessible Cab
Owner Licence, a Limousine Owner Licence or a Group Transportation Vehicle
Owner Licence;
(ccc)
Owner Plate means a metal number plate issued to the Owner under this By-law
corresponding to his or her Owner Licence;
(ddd) Passenger means any individual, not including the Driver, seated in a Cab,
Accessible Cab, Group Transportation Vehicle or Limousine and includes a person
engaging or attempting to engage a Cab, Accessible Cab, Group Transportation
Vehicle or Limousine to provide a Conveyance Service;
(eee) Persons with Disabilities means individuals with any degree of physical
disability, infirmity, malformation or disfigurement caused by bodily injury, birth defect
or illness and includes, but is not limited to:
diabetes mellitus;
epilepsy;
a brain injury;
any degree of paralysis;
amputation;
lack of physical co-ordination;
blindness or visual impediment;
deafness or hearing impediment;
muteness or speech impediment;
physical reliance on a guide dog or other animal, or on a wheelchair or other
remedial appliance or device;
a condition of mental impairment or a developmental disability;
a learning disability, or a dysfunction in one or more of the processes involved in
understanding or using symbols or spoken language;
a mental disorder; or
an injury or disability for which benefits were claimed or received under the
insurance plan established under the Workplace Safety and Insurance Act, 1997,
or any successor legislation;
(fff)
Plated means to have the Owner Plate affixed to the Cab, Accessible Cab,
Limousine or Group Transportation Vehicle for which it was issued;
(ggg) Safety Standards Certificate means a safety standards certificate issued under
the Highway Traffic Act;
(hhh) Tariff Card means a card, showing the current tariff, issued by the Licence
Manager for display in a motor vehicle;
(iii)
Trip
(i)
for a Cab or Accessible Cab means the distance and time traveled, measured
from the place and time at which a Passenger first enters a Cab or Accessible
Cab or when a Cab Meter is first engaged, whichever comes first, to the place
and time at which the Passenger finally leaves the Cab or Accessible Cab or
the Cab Meter is disengaged, whichever comes last;
(ii)
(iii)
(jjj)
(kkk)
Vehicle for Hire means a motor vehicle that is conveying or available for
conveying one or more persons in exchange for a fee or other consideration.
Part 2
PROHIBITIONS
2.1
No person shall:
(a)
own or Operate a Vehicle for Hire without being licensed under this By-law;
(b)
act as a Broker without being licensed under this By-law;
(c)
own or Operate a Vehicle for Hire without a valid Owner Plate affixed to the
Vehicle for Hire;
(d)
Operate a Vehicle for Hire while their licence issued under this By-law is under
suspension;
(e)
act as a Broker while their licence issued under this By-law is under suspension;
(f)
advertise the use of a Vehicle for Hire without an Owner or a Broker licence
issued under this By-law; or
(g)
publish or cause to be published any representation that they are licensed under
this By-law or hold themselves out as being licensed under this By-law if they are
not.
Part 3
APPLICATION OF BY-LAW - EXEMPTIONS
3.1
Part 4
ADMINISTRATION OF BY-LAW
4.1
The administration of this By-law is assigned to the Licence Manager who shall generally
perform all of the administrative functions conferred upon him or her by this By-law and without
limitation may:
(a)
receive and process all applications for all licences and renewals of
licences under this By-law;
(b)
issue licences in accordance with the provisions of this By-law;
(c)
impose terms and conditions on licences in accordance with this By-law; and
(d)
refuse to issue or renew a licence or revoke or suspend a licence in accordance
with this By-law.
Part 5
APPLICATIONS FOR LICENSES AND RENEWALS
5.1
Every application for a licence and renewal licence shall be made to the Licence
Manager on the forms provided by the Licence Manager. Without limitation, every application for
a licence or a renewal shall include the following information:
(a)
the name, date of birth, municipal address and telephone number of each
Applicant;
(b)
if the Applicant is a partnership, the name, address and telephone number
of each partner;
(c)
if the Applicant is a corporation, the address of its head office, the name, address
and telephone number of each director and officer;
(d)
a sworn statement by the Applicant certifying the accuracy, truthfulness
and completeness of the application;
(e)
if the Applicant is a partnership, a sworn statement by each partner certifying the
accuracy, truthfulness and completeness of the application; and,
(f)
if the Applicant is a corporation, a sworn statement by an officer of the
corporation duly authorized for that
purpose certifying the accuracy,
truthfulness and completeness of the application.
5.2
Every person applying for a licence or a renewal of a licence shall provide in full at the
time the application is submitted all of the information requested on the application form as well
as:
(a)
payment of the prescribed fee as set out in Schedule H of this By-law;
(b)
if the Applicant or Licensee is a corporation, a copy of the incorporating
documentation, a copy of the last initial notice or notice of change which has
been filed with the provincial or federal government and a Certificate of Status
issued by the Ministry of Government and Consumer Services dated no later
than fifteen (15) days prior to the date of the application;
(c)
if the Applicant or Licensee is a partnership, details of each partners interest in
the partnership; and,
(d)
any other documentation or information as may be required in any other part of
this By-law, including any Schedule to this By-law, or by the Licence Manager.
5.3
The Licence Manager may require affidavits in support of an application for or a renewal
of a licence.
5.4
Every application may be subject to investigations by and comments or
recommendations from the municipal or provincial departments or agencies as the Licence
Manager deems necessary including but not limited to:
(a)
the London Police Services;
(b)
the Manager of By-law Enforcement;
(c)
the Ministry of Transportation.
Part 6
ISSUANCE OF LICENSES
6.1
Every licence shall be in the form and manner as provided by the Licence Manager and
shall, without limitation, include on its face:
(a)
the licence number;
(b)
the name of each Licensee; and
(c)
the date the licence was issued and the date it expires
6.2
Every licence that is issued for the first time, and every renewal thereof, is subject to the
following conditions of obtaining, continuing to hold and renewing a licence all of which shall be
performed and observed by the Applicant or the Licensee:
(a)
the Applicant or Licensee shall pay the prescribed fee as set out in Schedule H
to this By-law;
(b)
the Applicant or Licensee shall pay all fees and fines owed by the Applicant or
Licensee to the City;
(c)
the Applicant or Licensee shall meet all of the requirements of this By-law.
6.3
A licence issued under this By-law shall be valid only for the period of time for which it
was issued. A licence issued under this By-law may be renewed provided the Applicant meets
all of the requirements of this By-law. An application for a renewal shall be delivered to the
Licence Manager on or before the expiry date of the licence being renewed.
6.4
6.5
Where section 6.4 does not apply, a Driver Licence may be renewed for a term of 24
months with the term of the Driver Licence commencing on the 1st day of the month in which the
Applicant was born and expiring on the last day of the month preceding the month in which the
Applicant was born.
6.6
All Owner and Broker Licences shall expire on October 31st each year.
6.7
The issuance of a licence or renewal thereof under this By-law is not intended and shall
not be construed as permission or consent by the City for the Licensee to contravene or fail to
observe or comply with any law of Canada, Ontario or any By-law of the City.
6.8
Every licence, at all times, is owned by and is the property of the City and is valid only in
respect of the person named therein.
6.9
No person shall sell, purchase, lease, mortgage, charge, assign, pledge, transfer, seize,
distrain or otherwise deal with a Licence, including any right title or interest therein, issued under
this By-law except in accordance with Parts 8, 9 and 10 of this By-law.
6.10
Fees and inspection fees paid under this By-law are non-refundable.
6.11 A limitation is imposed on the issuance of Cab Owner Licences and Accessible Cab
Owner Licences as set out in Schedule D of this By-law.
6.12 The following classes of Licences may be issued under this By-law in accordance with
the provisions of this By-law and the corresponding Schedules and every Applicant and
Licensee shall comply with all of the provisions of this By-law and the corresponding Schedules:
(a)
Cab Driver and Accessible Cab Driver Licence Schedule A;
(b)
Limousine Driver Schedule B;
(c)
Group Transportation Vehicle Driver Schedule C;
(d)
Class A Cab Owner Licence; - Schedule D;
(e)
Class A Accessible Cab Owner Licence Schedule D;
(f)
Class B Cab Owner Licence Schedule D;
(g)
Class B Accessible Cab Owner Licence Schedule D;
(h)
Limousine Owner Licence Schedule E;
(i)
Group Transportation Vehicle Owner Licence Schedule F; and
(j)
Broker Licence Schedule G.
Part 7
NOTIFICATION OF CHANGE OF INFORMATION
7.1
When a Licensee changes his or her name, address, affiliated Broker, employer or any
other information relating to their Licence, the Licensee shall notify the Licence Manager within
5 days after such change and if necessary, as determined by the Licence Manager, the Licence
shall be returned immediately to the Licence Manager for amendment.
7.2
When the Licensee is a corporation and there is any change in the following information
given on the application namely: the names and addresses of officers or directors, the location
of the corporate head office, change of ownership of shares, the Licensee shall report the
change to the Licence Manager within 5 days of the change and if necessary as determined by
the Licence Manager, the Licence shall be returned immediately to the Licence Manager for
amendment.
Part 8
LEASING OF CABS AND ACCESSIBLE CABS
8.1
No Person shall enter into or be party to any Lease or otherwise convey rights over a
Cab Licence or Accessible Cab Licence or Owner Plate or give or receive any consideration or
remuneration therefore.
8.2
Notwithstanding subsection 8.1 of this By-law, a Cab Owner holding a Class A Cab
Owner Licence may lease his or her Cab and an Accessible Cab Owner holding a Class A
Accessible Cab Owner Licence may lease his or her Accessible Cab, provided that;
(a)
the lessee is Licensed as a Driver, Owner or Broker;
(b)
under the terms of the Lease, the Cab Owner or Accessible Cab Owner provides
a Cab or Accessible Cab that is Plated and otherwise meets all of the
requirements of this By-law;
(c)
under the terms of the Lease, the Cab Owner or Accessible Cab Owner is
responsible for the maintenance of and insurance on the Cab or Accessible Cab;
(d)
the Lease is for one Cab or one Accessible Cab and expires upon the sale,
replacement or other disposition of the Cab or Accessible Cab;
(e)
the Cab Owner or Accessible Cab Owner or a partner, if the Applicant is a
partnership, or an officer or director, if the Applicant is a corporation, signs a
statutory declaration stating that the Owner Plate will not be transferred during
the term of the Lease;
(f)
the Lease is in writing and signed by the parties thereto;
(g)
a copy of the Lease is filed with the Licence Manager; and
(h)
all fees required under this By-law are paid.
8.3
The written Lease may be in any form agreed to by the parties thereto, provided that it
includes:
(a)
the date of its signing;
(b)
the names and business addresses of the parties thereto;
(c)
its effective date;
(d)
its termination date;
(e)
a full description of the Cab or Accessible Cab which is the subject of the Lease,
including the vehicle identification number, the make, the model year, the licence
plate number and the number of the Owner Licence and Owner Plate;
(f)
the parties rights to early termination of the Lease; and
(g)
the signatures of the parties and witnesses thereto.
8.4
No person shall sub-lease or purport to sub-lease a Cab or Accessible Cab that is the
subject of a Lease.
8.5
No Owner shall, by a term in a Lease or otherwise, permit any Lessee or other person to
lease or sub-lease or purport to lease or sub-lease a Cab or Accessible Cab that is the subject
of a Lease.
8.6
No person shall be a party to a Lease or purported Lease of a Cab or Accessible Cab to
which the Owner is not the lessor.
8.7
Every Cab Owner or Accessible Cab Owner shall notify the Licence Manager in writing
of the expiration or other sooner termination of any Lease to which he or she is a party within 10
days of the expiration of the termination of the said Lease.
8.8
No Cab Owner or Accessible Cab Owner shall enter into or be a party to more than one
Lease at any one time with respect to any one Cab or one Accessible Cab.
Part 9
TRANSFER OF CAB AND ACCESSIBLE CAB OWNER LICENCES
9.1
Class A Cab Owner Licences and Class A Accessible Cab Owner Licences are
transferable, provided that:
(a)
the transferee meets the eligibility criteria as set out in this By-law for the Cab
Priority List or Accessible Cab Priority List or holds a valid Cab Owner Licence or
Accessible Cab Owner Licence;
(b)
(c)
(d)
the transferee meets all of the requirements of a Cab Owner or Accessible Cab
Owner under this By-law, including submitting the Cab or Accessible Cab to
which the Owner Plate will be affixed for inspection, and will be issued a Cab
Owner Licence or Accessible Cab Owner Licence at the time of the transfer;
(e)
if the Cab is an Accessible Cab, the transferee is an Accessible Cab Owner who
will use the transferred Accessible Cab Owner Licence to provide an Accessible
Cab Conveyance Service; and
(f)
9.2
Class B Cab Owner Licences and Class B Accessible Cab Owner Licences and the
corresponding Owner Plates numbered 1000 or greater shall not be transferred.
Part 10
TRANSFER OF CAB AND ACCESSIBLE CAB OWNER LICENCES BY AN ESTATE
10.1 Within 30 days following the death of an individual holding a Cab Owner Licence or
Accessible Cab Owner Licence, the executor or administrator of the individuals estate shall file
with the Licence Manager:
(a)
proof of death of the individual; and
(b)
10.2 Class B Cab Owner Licences and Class B Accessible Cab Owner Licences shall not be
transferable and shall be returned to the Licence Manager within 30 days following the death of
an individual holding such Licence.
10.3 On the death of an individual holding one or more Class A Cab Owner Licences or Class
A Accessible Cab Owner Licences:
(a)
the executor or administrator of the individuals estate may continue to hold any
Cab or Accessible Cab Owner Licences for up to one year following the date of
death, subject to all of the requirements of this By-law;
(b)
(c)
(d)
during the year following the date of death, the executor or administrator of the
individuals estate may transfer the Cab or Accessible Cab Owner Licences to
anyone meeting the eligibility requirements of the Cab Priority List or currently
Licensed as a Cab or Accessible Cab Owner;
after the year following the date of death, the executor or administrator of the
individuals estate may continue to hold one Cab Owner Licence or one
Accessible Cab Owner Licence, if he or she meets all of the requirements for
holding such Owner Licence under this By-law; and
after one year following the date of death, all Cab and Accessible Cab Owner
Licences that have not been transferred in accordance with subsections 10.3(b)
or 10.3(c) of this By-law shall be revoked and returned to the Licence Manager
by the executor or administrator of the individuals estate immediately.
10.4 Notwithstanding subsection 10.3(d) of this By-law, if the executor or administrator of the
individuals estate has not transferred all Cab and Accessible Cab Owner Licences in
accordance with subsections 10.3(b) or 10.3(c), he or she may request a hearing before a
Hearings Officer to consider an extension of up to 2 years before revocation. A request for a
hearing shall be made by filing with the City Clerk a notice of appeal in writing and the appeal
fee as set out in this By-law prior to the expiration of the 2 year period in subsection 10.3(d) of
this By-law. The notice of appeal must comply with the requirements as set out in Schedule 1 of
the Citys Hearings Officer By-law A.-6653-121, as amended.
Part 11
POWERS OF LICENCE MANAGER
11.1 The power and authority to refuse to issue or renew a licence, to cancel, revoke or
suspend a licence, to impose terms and conditions, including special conditions, on a licence, or
to exempt any person from all or part of this By-law are delegated to the Licence Manager.
11.2 The Licence Manager shall issue a licence or renew a licence where the requirements or
conditions of this By-law have been met.
11.3 The Licence Manager may refuse to issue, refuse to renew or revoke or suspend a
licence or impose a term or condition on a licence on the following grounds:
(a)
the conduct of the Applicant or Licensee, or any partner, officer, director,
employee or agent of the Applicant or Licensee, affords reasonable cause to
believe that the Applicant or Licensee will not carry on his or her business in
accordance with the law or with honesty or integrity;
(b)
an Applicant or Licensee is carrying on activities that are in contravention of this
By-law;
(c)
there are reasonable grounds to believe that an application or other documents
provided to the Licence Manager by or on behalf of the Applicant or a Licensee
contains a false statement;
(d)
any information contained in the original application form or any other information
provided to the Licence Manager, has ceased to be accurate and the Licensee
has not provided up-to-date accurate information to the Licence Manager to allow
the Licence Manager to conclude that the Licence should continue;
(e)
an Applicant or Licensee does not meet, at any time, one or more of the
requirements of this By-law or any conditions imposed on a Licence;
(f)
the Applicant or Licensee is not in compliance with any federal, provincial law or
City By-law, including this By-law;
(g)
the Applicant or Licensee or any partner, officer or director has been convicted of
an offence, for which a pardon has not been granted, pursuant to any one or
more of Parts V (Sexual Offences), VIII (Offences Against the Person and
Reputation) or IX (Offences Against Property ) of the Criminal Code of Canada,
R.S.C. 1985 c. C-46, as amended or any other criminal convictions in the
preceding five (5) years;
(h)
the Applicant or Licensee has been convicted of an indictable offence under any
Statue of Canada, including but not limited to the Criminal Code of Canada, the
Narcotic Control Act, the Food and Drug Act, and the Controlled Drug and
Substances Act during the preceding five (5) years;
(i)
the Applicant or Licensee has been convicted of any other criminal offence for
which, in the opinion of the Licence Manager, it would not be in the interest of
public safety to issue a licence;
(j)
the Applicant or Licensee is currently under a prohibition order issued in any
court within Canada that prohibits the operation of a motor vehicle;
(k)
the Applicant or Licensee does not have a valid "G" Ontario Driver's Licence or
equivalent or their drivers licence is under suspension; or
(l)
the Applicant or Licensee has accumulated 9 or more demerit points within a
three year period.
11.4 Notwithstanding any other provision of this By-law, the Licence Manager may impose
terms and conditions on any licence at issuance, renewal or any time during the term of the
licence, including special conditions, as are necessary in the opinion of the Licence Manager to
give effect to this By-law.
11.5
The written notice to be given under section 11.6 of this By-law shall:
(a)
set out the grounds for the decision;
(b)
give reasonable particulars of the grounds;
(c)
be signed by the Licence Manager; and,
(d)
state that the Applicant or Licensee is entitled to a hearing by the Hearings
Officer if the Applicant or Licensee files with the City Clerk a notice of appeal in
writing and the appeal fee as set out in this By-law within ten (10) days after the
notice in section 11.6 of this By-law is given. The notice of appeal must comply
with the requirements as set out in Schedule 1 of the Citys Hearings Officer Bylaw A-6653-121 as amended.
11.8 Where no appeal is filed within the required time period, the decision of the Licence
Manager shall be final.
11.9 Despite section 11.7 of this By-law, where a Licence is voluntarily surrendered by the
Licensee for revocation, the Licence Manager may revoke the Licence without notice to the
Licensee.
Part 12
HEARINGS BEFORE THE HEARINGS OFFICER
12.1 The power and authority to conduct hearings of appeals under this By-law are hereby
delegated to the Hearings Officer.
12.2 The provisions of the Citys Hearings Officer By-law A-6653-121 as amended apply to all
hearings conducted by the Hearings Officer under this By-law.
12.3 The Hearings Officer may uphold or vary the decision of the Licence Manager or make
any decision that the Licence Manager was entitled to make in the first instance.
12.4
13.1
13.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this By-law, including carrying out an inspection.
13.3 No person shall fail to produce immediately his or her Licence or any other relevant
documents required under this By-law when requested to do so by the Licence Manager or an
Enforcement Officer.
Part 14
INSPECTIONS
14.1 Every Owner or Driver shall submit or cause to be submitted their City Plated Vehicle for
inspection when required to do so by the Licence Manager or an Enforcement Officer to a place
designated by the Licence Manager or an Enforcement Officer:
(a)
forthwith if the vehicle is in the presence of the Licence Manager, an
Enforcement Officer or an Ontario Ministry of Transportation Inspector and the
Vehicle is in Operation; or
(b)
within 24 hours of receipt of the request, at a time set by the Licence Manager or
an Enforcement Officer, if the vehicle is not in the presence of the Licence
Manager, an Enforcement Officer or an Ontario Ministry of Transportation
Inspector.
14.2 Every Owner or Driver shall, upon the request of the Licence Manager or an
Enforcement Officer during an inspection, produce all relevant licences, permits, invoices,
vouchers, appointment books, Trip Sheets, Maintenance Logs or like documents and the
Licence Manager or an Enforcement Officer may remove any of these documents for
photocopying provided that the Owner or Driver is given a receipt and the documents are
returned to him or her within 48 hours.
14.3 Notification of an inspection or an order made under section 14 of this By-law shall be
served on an Owner:
(a)
personally;
(b)
by registered letter mail to the last known address of the Owner, whether actually
received or not;
(c)
personally on the Driver Operating the City Plated Vehicle;
(d)
by leaving a copy with an individual at a Brokerage associated with the Owner; or
(e)
by facsimile to the last known facsimile number of a Broker associated with the
Owner.
14.4 An Enforcement Officer may require a Driver or an Owner to submit or cause to be
submitted their City Plated Vehicle for a random inspection, including an inspection by a
designated mechanic or a designated representative of the manufacturer of the Cab Meter, at a
time and place specified by the Enforcement Officer to ensure that the provisions of this By-law
are being complied with.
14.5 When the Licence Manager or an Enforcement Officer believes on reasonable grounds
that a City Plated Vehicle is being Operated such that it is a danger to the health or safety of the
public, her or she may:
(a)
remove the Owner Plate;
(b)
order the Driver to have the vehicle towed to a place of repair or other private
property at the Drivers or the Owners expense; and
(c)
order the Owner not to Operate or permit the Operation of the vehicle until the
danger is remedied, the vehicle has been inspected by the Licence Manager or
an Enforcement Officer and, in the case of a Cab or Accessible Cab, the Cab
Meter has been resealed; or
(d)
order the Owner to file a Safety Standards Certificate after the date of the order.
14.6 Every Owner whose Vehicle for Hire is deemed unsafe or dangerous due to mechanical
defects, may be required to attend before the Licence Manager to determine whether or not his
or her Licence should be suspended, revoked or have conditions imposed on it.
14.7 For the purpose of this subsection, mechanical defect includes, but is not limited to,
mechanical defects directly or indirectly related to any part or parts of the vehicle involving or
affecting:
(a)
its brakes or braking system;
(b)
its steering system;
(c)
its suspension system;
(d)
its under body;
(e)
its exhaust system;
(f)
the condition of its tires;
(g)
its lighting;
(h)
its glass;
(i)
its seat belt operation;
(j)
its wheelchair restraints, if applicable;
(k)
its heating system; or
(l)
the condition of the vehicles body.
14.8
14.9 Once the repairs to the vehicle have been effected, the Owner or Driver shall provide the
Enforcement Officer with a current safety standards certificate of motor vehicle fitness issued
under the Highway Traffic Act, and the Enforcement Officer shall inspect the Vehicle for Hire.
14.10 When the Licence Manager or an Enforcement Officer believes on reasonable grounds
that a City Plated Vehicle does not comply with the requirements of this By-law, he or she may
order the Owner to bring it into compliance, and the order shall:
(a)
state the Owner Plate number of the vehicle;
(b)
give reasonable particulars of any repairs to be made;
(c)
indicate the time for compliance with the order;
(d)
give notice that if the order is not complied with the Owner Licence may be
suspended; and
(e)
require that the Owner Plate be returned to Licence Manager immediately.
Part 15
TARIFFS/FARES
15.1 Every Driver, Owner or Broker shall charge a Fare for each Trip as set out in Schedule
I of this By-law.
15.2 Every Cab or Accessible Cab Driver shall draw his or her Passengers attention to the
amount of the Fare on the Cab Meter at the conclusion of the Trip.
15.3 No Driver or Owner shall receive a Fare or charge from any person unless the current
Tariff Card is on display in accordance with the provisions of this By-law.
15.4 Notwithstanding section 15.1 of this By-law, a Cab Owner or Accessible Cab Owner and
a Passenger or other person may enter into an agreement for parcel handling at an agreed
upon charge, provided that the charge shall not apply to luggage accompanying a Passenger on
a Trip to or from a transportation terminal or for the storage or handling of mobility aids or
mobility assistive devices accompanying a Passenger on a Trip.
15.5
All Fares as set out in Schedule I of this By-law are inclusive of H.S.T.
15.6 Notwithstanding section 15.1, a Cab Owner or Accessible Cab Owner or a Cab Driver or
an Accessible Cab Driver may charge an amount for a Trip other than as set out in Schedule I
of this By-law provided that:
(a)
the amount charged is for a Trip between fixed points;
(b)
the Cab Owner or Accessible Cab Owner or Cab Driver or Accessible Cab Driver
is affiliated with a Broker; and
(c)
the amount charged is a fixed amount based on a written agreement for a term of
not less than one year between the Broker with which the Cab Owner or
Accessible Cab Owner or the Cab Driver or Accessible Cab Driver is affiliated
and a corporation for a Conveyance Service of the employees of the corporation.
Part 16
LICENCE AND OTHER FEES
16.1 The annual Licence fees and all other fees to be paid to the City under this By-law shall
be as listed in Schedule H of this By-law. The fees in Schedule H do not include H.S.T.
Part 17
PENALTY
17.1 Any person who contravenes any provision of this By-law, including any Schedule
attached hereto, is guilty of an offence.
17.2 A director or officer of a corporation who knowingly concurs in the contravention of any
provision of this By-law, including any Schedule attached hereto, is guilty of an offence.
17.3 A person convicted under this By-law is liable to a maximum fine of $25,000.00 upon a
first conviction and a maximum fine of $50,000.00 for any subsequent conviction.
17.4 Despite subsection 17.3 where the person convicted is a corporation, the corporation is
liable to a maximum fine of $50,000.00 upon a first conviction and a maximum fine of
$100,000.00 for any subsequent conviction.
17.5 If this By-law is contravened and a conviction entered, in addition to any other remedy
and to any penalty imposed by this By-law, the court in which the conviction has been entered
and any court of competent jurisdiction thereafter may make an order,
(a)
prohibiting the continuation or repetition of the offence by the person convicted;
and,
(b)
requiring the person convicted to correct the contravention in the manner and
within the period that the court considers appropriate.
Part 18
GENERAL
18.1 If any provision or part of this By-law is declared by any court or tribunal of competent
jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular
circumstances, the balance of the By-law, or its application in other circumstances, shall not be
affected and shall continue to be in full force and effect.
18.2 If there is a conflict between a provision of this By-law and a provision of any other City
By-law, then the more restrictive provision shall apply.
18.3 Unless otherwise stated, the requirements of the Schedules to this By-law shall be in
addition to all other requirements of this By-law.
Part 19
MISCELLANEOUS
19.1
Any Licence that was issued under the provisions of By-law L.-126-256 and any
amendments thereto and that is valid on June 30, 2012 shall be deemed to have been
issued under this By-law and will be valid until such Licence is revoked or until it expires
on October 31, 2012, whichever comes first.
19.2
19.3
This By-law may be referred to as the Taxi and Limousine Licensing By-law.
19.4
This By-law shall come into force and effect on July 1, 2012.
PASSED in Open Council on January 31, 2012.
Joe Fontana
Mayor
Catharine Saunders
City Clerk
(c)
submit to the Licence Manager a valid Class G drivers licence issued by the
Province of Ontario which is in good standing according to the records of the
Ministry of Transportation;
(d)
submit to the Licence Manager proof that they are at least 18 years of age;
(e)
(f)
have completed a vehicle for hire training exam administered by the Licence
Manager with passing grade of 75% or a minimum grade of 85% for a
subsequent attempt made at least two months after a previous attempt;
(g)
submit to the Licence Manager a CIR from the London Police Services dated no
later than 60 days prior to the application for a Licence;
(h)
(i)
for an application for a Licence in the first instance, submit to the Licence
Manager a certificate prepared by a qualified medical practitioner which states
that the Applicant is physically and mentally capable of performing the duties of a
Cab Driver or an Accessible Cab Driver; and
(j)
1.2
An Applicant applying for a renewal of a Cab Driver or an Accessible Cab Driver
Licence:
(a)
shall be exempted from the requirement for an English assessment exam in
subsection 1.1(e) of this Schedule;
(b)
may be exempted from the requirement for a vehicle for hire training exam in
subsection 1.1(f) of this Schedule if he or she files with the Licence Manager
every four years or sooner as required by the Licence Manager, proof of
completion of a training course or a written test approved by the Licence
Manager with a minimum grade of 75%; and
(c)
1.3
In addition to the requirements of section 1.1 and 1.2 of this Schedule, every Applicant
for an Accessible Cab Driver Licence or a renewal thereof shall;
(a)
hold a valid Cab Driver Licence;
(b)
satisfactorily complete a sensitivity course approved by the Licence Manager
pertaining to the transportation of Persons with Disabilities and, subsequently
complete a written examination administered by the Licence Manager with:
(i)
a minimum grade of 75% for a first attempt; or
(ii)
a minimum grade of 85% for a subsequent attempt made at least one
month after a previous attempt; and
(c)
submit his or her Cab Driver Licence to the Licence Manager for endorsement as
an Accessible Cab Driver Licence.
1.4
An Applicant applying for a renewal of an Accessible Cab Driver Licence may be
exempted from the requirement of a sensitivity course or the written examination in subsection
1.3(b) of this Schedule if he or she files with the Licence Manager every four years or sooner as
required by the Licence Manager, proof of completion of a sensitivity course approved by the
Licence Manager pertaining to Persons with Disabilities or completes a written examination
approved by the Licence Manager with a minimum grade of 75%.
2.0
2.1
DRIVERS DUTIES
Every Licensed Cab Driver or Accessible Cab Driver shall:
(a)
carry his or her drivers licence issued under the Highway Traffic Act, and his or
her Licence while Operating a Cab or Accessible Cab;
(b)
affix his or her Licence in a position in the Cab or Accessible Cab so that the side
of the Licence containing the photograph is plainly visible to and readable by
Passengers in the front seat and back seat of the vehicle;
(c)
display the tariff card so that it is plainly visible to and readable by Passengers in
the front seat and back seat of the vehicle;
(d)
unless the Driver is affiliated with a Licensed Broker, keep a Trip Sheet, on the
form attached as Schedule J to this By-law of all Trips made by the Cab or
Accessible Cab during each shift. The Trip Sheet shall be updated at the
conclusion of the Trip;
(e)
retain all Trip Sheets for at least 12 months and while Operating the Cab or
Accessible Cab have the current and previous months Trip Sheets in his or her
possession;
(f)
keep in the Cab or Accessible Cab a current Maintenance Log for the Cab or
Accessible Cab;
(g)
have in the Cab or Accessible Cab a current street guide or City map and a
global positioning system device capable of displaying requested routes;
(h)
(i)
(j)
report immediately to the Licence Manager when he or she has had his or her
drivers licence issued under the Highway Traffic Act cancelled, suspended or
revoked or when his or her drivers licence has expired, and surrender his or her
Licence to the Licence Manager;
(k)
(l)
be civil, courteous, refrain from using profanity, and offer to assist a Passenger
when it is evident that the Passenger is a Person with a Disability, is elderly, or is
in need of assistance;
(m)
(n)
when Operating a Cab or Accessible Cab punctually keep all appointments, and
not make any appointments if a previous engagement would prevent him or her
from fulfilling it;
(o)
when a Passenger enters the Cab or Accessible Cab and gives the Driver the
desired destination, take the most expeditious possible route to the destination
desired, unless the Passenger designates otherwise;
(p)
when Operating a Cab or Accessible Cab take care of all property delivered or
entrusted to him or her and accepted by him or her;
(q)
immediately upon termination of a Trip, search his or her Cab or Accessible Cab
for any property left therein and deliver the property to its owner or if its owner
cannot be found, to the London Police Services;
(r)
unless his or her Cab or Accessible Cab has been previously engaged, provide a
Conveyance Service to any Person who may require his or her Cab or
Accessible Cab, refusing only when:
(i)
the Driver is concerned for his or her personal safety;
(ii)
the person has not paid a previous Fare or cancellation charge;
(iii)
the person is, in the opinion of the Driver, unable or unwilling to the pay
the Fare and has been unable or unwilling, when given the opportunity to
do so, to satisfy the Driver that he or she has funds to pay the Fare; or
(iv)
the person is a Grossly Unclean Individual;
(s)
ensure that the Cabs or Accessible Cabs seat belts are plainly visible to and
may be conveniently used by the Passenger;
(t)
turn off any radio, tape player or any other sound producing mechanical device in
the vehicle upon picking up a Passenger, unless the Passenger requests that the
radio or any other sound producing mechanical device remain on;
(u)
engage the Cab Meter at the commencement of the Trip and keep it engaged
throughout the Trip;
(v)
at the conclusion of the Trip, place the Cab Meter in the time-off position and
after payment, in the vacant status;
(w)
(x)
make available the number of the Owner Plate and the name of the Fleet that the
Cab or Accessible Cab belongs to in an accessible format to Passengers who
are Persons with Disabilities;
(y)
maintain the interior and exterior of the Cab or Accessible Cab while he or she is
Operating it, in a clean and tidy condition, including maintain the interior:
(i)
free from all dust, dirt, grease, oil, adhesive resin and any other item that
can be transferred on to the person, clothing or possessions of a
Passenger;
(ii)
free of all waste paper, cans, garbage or any other item not intrinsic to the
Operation of the Cab or Accessible Cab;
(iii)
free of noxious substances;
(iv)
free of excess wear including tears and cigarette burns in the upholstery;
(v)
in a dry condition;
(vi)
in good repair;
(vii)
with working seat belts;
(viii) with side windows that open and close;
(ix)
with every seat securely mounted maintaining its position and adjustment;
(x)
with a working dome light that will activate automatically when the vehicle
doors open;
and maintain the exterior:
(xi)
free from all dust, dirt, grease, oil, adhesive resin and any other item that
can be transferred on the person, clothing or possessions of a
Passenger, except water or snow;
(xii)
in good repair;
(xiii) free from exterior body damage;
(xiv) with no missing or removed fender, grill or molding;
(xv)
with securely closing doors and trunk lid;
(xvi) with all handles and catches in good repair;
(xvii) with the paint or finish in good repair; and
(xviii) with four matching hubcaps or wheels; and
(z)
enter a Cab Stand by positioning his or her Cab at the end of any line formed by
other Cabs and remain in the drivers seat, ready to provide a Conveyance
Service, when first or second in the line.
2.2
In addition to all of the requirements set out in section 2.1, every Accessible Cab Driver
shall:
(a)
ensure that all wheelchairs being transported within the Accessible Cab are
securely fastened so as to prevent them from moving when the Accessible Cab
is in motion;
3.0
3.1
(b)
(c)
record the number of Trips of Persons with Disabilities and persons without
disabilities on his or her Trip Sheets; and
(d)
give priority for Conveyance Services for Persons with Disabilities over persons
without disabilities.
DRIVERS PROHIBITIONS
No Licensed Cab Driver or Accessible Cab Driver shall:
(a)
Operate a Cab or Accessible Cab without a valid Owner Plate affixed thereto;
(b)
(c)
(d)
(e)
Operate a Cab or Accessible Cab without the number of the Owner Plate and the
name of the Fleet it belongs to displayed on the rear bumper of the Cab or
Accessible Cab in accordance with subsection 2.1(j) of Schedule D to this Bylaw;
(f)
(g)
(h)
(i)
Operate a Cab or Accessible Cab without the decal installed stating that
photographic images of the Passengers are being recorded in accordance with
subsection 2.1(h) of Schedule D to this By-law;
(j)
(k)
charge any Passenger for time lost through defects or inefficiency of the Cab or
Accessible Cab Driver or the incompetence of the Driver;
(l)
charge any Passenger for the time elapsed due to early arrival of the Cab or
Accessible Cab Driver in response to a call for the Cab or Accessible Cab Driver
to arrive at a fixed time;
(m)
(n)
have taken, consumed or have in his or her possession any alcohol, drugs or
intoxicants while Operating a Cab or Accessible Cab Driver;
(o)
(p)
carry in any Cab or Accessible Cab Driver a greater number of Passengers than
is set out in the manufacturers rating of seating capacity for such vehicle, and for
which a fully operational seat belt is available for each Passengers use;
(q)
take on additional Passengers after the vehicle has departed with one (1) or
more Passengers from any one starting point, except under the following
circumstances:
(i)
when done at the request or permission of a Passenger who is sixteen
years of age or older and who is already in the vehicle;
(ii)
in an emergency situation; or
(iii)
on a Trip exclusively taking students to or from school;
(r)
overcrowd a Cab Stand or displace any Cab or Accessible Cab Driver already at
the Cab Stand;
(s)
interfere in any way with the normal use of a Cab Stand or public place or with
surrounding traffic;
(t)
(u)
Operate a Cab or Accessible Cab Driver without it meeting the standards for the
issuance of a Safety Standard Certificate;
(v)
(w)
(x)
cause or permit any immoral, indecent, or illegal act in a Cab or Accessible Cab
Driver under the Drivers care;
(y)
(z)
Operate a Cab or Accessible Cab when the Driver has been on duty for more
than 14 hours within a 24 hour period, without first taking 10 hours off duty.
Within the 14 hour on duty period, a maximum of 12 hours may be consecutive
on duty time.
1.2
2.0
2.1
(b)
(c)
submit to the Licence Manager a valid Class G drivers licence issued by the
Province of Ontario which is in good standing according to the records of the
Ministry of Transportation;
(d)
submit to the Licence Manager proof that they are at least 18 years of age;
(e)
(f)
have completed a vehicle for hire training exam administered by the Licence
Manager with passing grade of 75% or a minimum grade of 85% for a
subsequent attempt made at least two months after a previous attempt;
(g)
submit to the Licence Manager a CIR from the London Police Services dated no
later than 60 days prior to the application for a Licence;
(h)
(i)
for an application for Licence in the first instance, submit to the Licence Manager
a certificate prepared by a qualified medical practitioner which states that the
Applicant is physically and mentally capable of performing the duties of a
Limousine Driver; and
(j)
may be exempted from the requirement for a vehicle for hire training exam in
subsection 1.1(f) of this Schedule if he or she files with the Licence Manager
every four years or sooner as required by the Licence Manager, proof of
completion of a training course or a written test approved by the Licence
Manager with a minimum grade of 75%; and
(c)
DRIVERS DUTIES
Every Licensed Limousine Driver shall:
(a)
carry his or her drivers licence issued under the Highway Traffic Act, and his or
her Licence while Operating a Limousine;
(b)
affix his or her Licence in a position in the Limousine so that the side of the
Licence containing the photograph is plainly visible to and readable by
Passengers in the front seat and back seat of the vehicle;
(c)
display the tariff card so that it is plainly visible to and readable by Passengers in
the front seat and back seat of the vehicle;
(d)
unless the Driver is affiliated with a Licensed Broker, keep a Trip Sheet, on the
form attached as Schedule J to this By-law of all Trips made by the Limousine
during each shift. The Trip Sheet shall be updated at the conclusion of the Trip;
(e)
retain all Trip Sheets for at least 12 months and while operating the Limousine
have the current and previous months Trip Sheets in his or her possession;
(f)
(g)
have in the Limousine a current street guide or City map and a global positioning
system device capable of displaying requested routes;
(h)
(i)
(j)
report immediately to the Licence Manager when he or she has had his or her
drivers licence issued under the Highway Traffic Act cancelled, suspended or
revoked or when the drivers licence has expired, and surrender his or her
Licence to the Licence Manager;
(k)
(l)
be civil, courteous, refrain from using profanity, and offer to assist a Passenger
when it is evident that the Passenger is a Person with a Disability, is elderly, or is
in need of assistance;
(m)
(n)
when Operating a Limousine punctually keep all appointments, and not make
any appointments if a previous engagement would prevent him or her from
fulfilling it;
(o)
when a Passenger enters the Limousine and gives the Driver the desired
destination, take the most expeditious possible route to the destination desired,
unless the Passenger designates otherwise;
(p)
(q)
immediately upon termination of a Trip, search his or her Limousine for any
property left therein and deliver the property to its owner or if its owner cannot be
found, to the London Police Services;
(r)
(s)
ensure that the Limousines seat belts are plainly visible to and
conveniently used by the Passenger;
(t)
turn off any radio, tape player or any other sound producing mechanical device in
the vehicle upon picking up a Passenger, unless the Passenger requests that the
radio or any other sound producing mechanical device remain on;
(u)
(v)
make available the number of the Owner Plate and the name of the Fleet that the
Limousine belongs to in an accessible format to Passengers who are Persons
with Disabilities;
(w)
maintain the interior and exterior of the Limousine while he or she is Operating it,
in a clean and tidy condition, including maintain the interior:
(i)
free from all dust, dirt, grease, oil, adhesive resin and any other item that
can be transferred on to the person, clothing or possessions of a
Passenger;
(ii)
free of all waste paper, cans, garbage or any other item not intrinsic to the
Operation of the Limousine;
(iii)
free of noxious substances;
(iv)
free of excess wear including tears and cigarette burns in the upholstery;
(v)
in a dry condition;
(vi)
in good repair;
(vii)
with working seat belts;
(viii) with side windows that open and close;
(ix)
with every seat securely mounted maintaining its position and adjustment;
(x)
with a working dome light that will activate automatically when the vehicle
doors open;
may be
3.0
3.1
enter a Limousine Stand by positioning his or her Limousine at the end of any
line formed by other Limousines and remain in the drivers seat, ready to provide
a Conveyance Service, when first or second in the line.
DRIVERS PROHIBITIONS
No Licensed Limousine Driver shall:
(a)
Operate a Limousine without a valid Owner Plate affixed thereto;
(b)
(c)
Operate a Limousine without the number of the Owner Plate and the name of the
Fleet it belongs to displayed on the rear bumper of the Limousine in accordance
with subsection 2.1(g) of Schedule E to this By-law;
(d)
(e)
(f)
Operate a Limousine without the decal installed stating that photographic images
of the Passengers are being recorded in accordance with subsection 2.1(d) of
Schedule E to this By-law;
(g)
(h)
charge any Passenger for time lost through defects or inefficiency of the
Limousine or the incompetence of the Driver;
(i)
charge any Passenger for the time elapsed due to early arrival of the Limousine
in response to a call for the Limousine to arrive at a fixed time;
(j)
(k)
have taken, consumed or have in his or her possession any alcohol, drugs or
intoxicants while Operating a Limousine;
(l)
(m)
carry in any Limousine a greater number of Passengers than is set out in the
manufacturers rating of seating capacity for such vehicle, and for which a fully
operational seat belt is available for each Passengers use;
(n)
take on additional Passengers after the vehicle has departed with one (1) or
more Passengers from any one starting point, except under the following
circumstances:
(i)
when done at the request or permission of a Passenger who is sixteen
years of age or older and who is already in the vehicle;
(ii)
in an emergency situation; or
(iii)
on a Trip exclusively taking students to or from school;
(o)
(p)
interfere in any way with the normal use of a Limousine Stand or public place or
with surrounding traffic;
(q)
(r)
(s)
(t)
(u)
cause or permit any immoral, indecent, or illegal act in a Limousine under the
Drivers care;
(v)
(w)
operate a Limousine when the Driver has been on duty for more than 14 hours
within a 24 hour period, without first taking 10 hours off duty. Within the 14 hour
on duty period, a maximum of 12 hours may be consecutive on duty time.
1.2
2.0
2.1
(b)
(c)
submit to the Licence Manager a valid Class G drivers licence issued by the
Province of Ontario which is in good standing according to the records of the
Ministry of Transportation;
(d)
submit to the Licence Manager proof that they are at least 18 years of age;
(e)
(f)
have completed a vehicle for hire training exam administered by the Licence
Manager with passing grade of 75% or a minimum grade of 85% for a
subsequent attempt made at least two months after a previous attempt;
(g)
submit to the Licence Manager a CIR from the London Police Services dated no
later than 60 days prior to the application for a Licence;
(h)
(i)
for an application for a Licence in the first instance, submit to the Licence
Manager a certificate prepared by a qualified medical practitioner which states
that the Applicant is physically and mentally capable of performing the duties of a
Group Transportation Vehicle Driver; and
(j)
may be exempted from the requirement for a vehicle for hire training exam in
subsection 1.1(f) of this Schedule if he or she files with the Licence Manager
every four years or sooner as required by the Licence Manager, proof of
completion of a training course or a written test approved by the Licence
Manager with a minimum grade of 75%; and
(c)
DRIVERS DUTIES
Every Licensed Group Transportation Vehicle Driver shall:
(a)
carry his or her drivers licence issued under the Highway Traffic Act, and his or
her Licence while Operating a Group Transportation Vehicle;
(b)
affix his or her Licence in a position in the Group Transportation Vehicle so that
the side of the Licence containing the photograph is plainly visible to and
readable by Passengers in the front seat and back seat of the vehicle;
(c)
display the tariff card so that it is plainly visible to and readable by Passengers in
the front seat and back seat of the vehicle;
(d)
unless the Driver is affiliated with a Licensed Broker, keep a Trip Sheet, on the
form attached as Schedule J to this By-law of all Trips made by the Group
Transportation Vehicle during each shift. The Trip Sheet shall be updated at the
conclusion of the Trip;
(e)
retain all Trip Sheets for at least 12 months and while Operating the Group
Transportation Vehicle have the current and previous months Trip Sheets in his
or her possession;
(f)
keep in the Group Transportation Vehicle a current Maintenance Log for the
Group Transportation Vehicle;
(g)
have in the Group Transportation Vehicle a current street guide or City map and
a global positioning system device capable of displaying requested routes;
(h)
(i)
(j)
report immediately to the Licence Manager when he or she has had his or her
drivers licence issued under the Highway Traffic Act cancelled, suspended or
revoked or when the drivers licence has expired, and surrender his or her
Licence to the Licence Manager;
(k)
(l)
be civil, courteous, refrain from using profanity, and offer to assist a Passenger
when it is evident that the Passenger is a Person with a Disability, is elderly, or is
in need of assistance;
(m)
(n)
(o)
when a Passenger enters the Group Transportation Vehicle and gives the Driver
the desired destination, take the most expeditious possible route to the
destination desired, unless the Passenger designates otherwise;
(p)
(q)
(r)
unless his or her Group Transportation Vehicle has been previously engaged,
provide a Conveyance Service to any Person who may require his or her Group
Transportation Vehicle, refusing only when:
(i)
the Driver is concerned for his or her personal safety;
(ii)
the person has not paid a previous Fare or cancellation charge;
(iii)
the person is, in the opinion of the Driver, unable or unwilling to pay the
Fare and has been unable or unwilling, when given the opportunity to do
so, to satisfy the Driver that he or she has funds to pay the Fare; or
(iv)
the person is a Grossly Unclean Individual;
(s)
ensure that the Group Transportation Vehicles seat belts are plainly visible to
and may be conveniently used by the Passenger;
(t)
turn off any radio, tape player or any other sound producing mechanical device in
the Vehicle upon picking up a Passenger, unless the Passenger requests that
the radio or any other sound producing mechanical device remain on;
(u)
(v)
make available the number of the Owner Plate and the name of the Fleet that the
Group Transportation Vehicle belongs to in an accessible format to Passengers
who are Persons with Disabilities; and
(w)
maintain the interior and exterior of the Group Transportation Vehicle while he or
she is Operating it, in a clean and tidy condition, including maintain the interior:
(i)
free from all dust, dirt, grease, oil, adhesive resin and any other item that
can be transferred on to the person, clothing or possessions of a
Passenger;
(ii)
free of all waste paper, cans, garbage or any other item not intrinsic to the
Operation of the Group Transportation Vehicle;
(iii)
free of noxious substances;
(iv)
free of excess wear including tears and cigarette burns in the upholstery;
(v)
in a dry condition;
(vi)
in good repair;
(vii)
with working seat belts;
(viii) with side windows that open and close;
(ix)
with every seat securely mounted maintaining its position and adjustment;
(x)
with a working dome light that will activate automatically when the vehicle
doors open;
and maintain the exterior:
(xi) free from all dust, dirt, grease, oil, adhesive resin and any other item that
can be transferred on the person, clothing or possessions of a Passenger,
except water or snow;
(xii)
in good repair;
(xiii) free from exterior body damage;
(xiv) with no missing or removed fender, grill or molding;
(xv)
with securely closing doors and trunk lid;
(xvi) with all handles and catches in good repair;
(xvii) with the paint or finish in good repair; and
(xviii) with four matching hubcaps or wheels.
3.0
3.1
DRIVERS PROHIBITIONS
No Licensed Group Transportation Vehicle Driver shall:
(a)
Operate a Group Transportation Vehicle without a valid Owner Plate affixed
thereto;
(b)
(c)
Operate a Group Transportation Vehicle without the number of the Owner Plate
and the name of the Fleet it belongs to displayed on the rear bumper of the
Group Transportation Vehicle in accordance with subsection 2.1(g) of Schedule
F to this By-law;
(d)
(e)
(f)
Operate a Group Transportation Vehicle without the decal installed stating that
photographic images of the Passengers are being recorded in accordance with
subsection 2.1(d) of Schedule F to this By-law;
(g)
(h)
charge any Passenger for time lost through defects or inefficiency of the Group
Transportation Vehicle or the incompetence of the Driver;
(i)
charge any Passenger for the time elapsed due to early arrival of the Group
Transportation Vehicle in response to a call for the Group Transportation Vehicle
to arrive at a fixed time;
(j)
(k)
have taken, consumed or have in his or her possession any alcohol, drugs or
intoxicants while Operating a Group Transportation Vehicle;
(l)
(m)
(n)
take on additional Passengers after the vehicle has departed with one (1) or
more Passengers from any one starting point, except under the following
circumstances:
(i)
when done at the request or permission of a Passenger who is sixteen
years of age or older and who is already in the vehicle;
(ii)
in an emergency situation; or
(iii)
on a Trip exclusively taking students to or from school;
(o)
interfere in any way with the normal use of a Cab Stand or Limousine Stand or
public place or with surrounding traffic;
(p)
use a Cab Stand or Limousine Stand or other place set aside for Cabs or
Limousines;
(q)
Operate a Group Transportation Vehicle unless it meets the standards for the
issuance of a Safety Standard Certificate;
(r)
(s)
(t)
(u)
(v)
operate a Group Transportation Vehicle when the Driver has been on duty for
more than 14 hours within a 24 hour period, without first taking 10 hours off duty.
Within the 14 hour on duty period, a maximum of 12 hours may be consecutive
on duty time; and
(w)
if the Applicant is partnership, have a partner attend at the office of the Licence
Manager in person and complete a written application for such Licence;
(c)
(d)
if the Applicant is an individual, hold for a Cab Owner Licence a valid Cab Driver
Licence or for an Accessible Cab Owner Licence a valid Accessible Cab Driver
Licence;
(e)
if the Applicant is a partnership, have each partner hold for a Cab Owner Licence
a valid Cab Driver Licence or for an Accessible Cab Owner Licence a valid
Accessible Cab Driver Licence;
(f)
if the Applicant is a corporation, have an officer of the corporation hold for a Cab
Owner Licence a valid Cab Driver Licence or for an Accessible Cab Owner
Licence a valid Accessible Cab Driver Licence;
(g)
(h)
(i)
(j)
submit for inspection and approval by the Licence Manager the vehicle that is to
be Plated that meets all of the requirements of this Schedule; and
(k)
1.3
In addition to the requirements of section 1.2 of this Schedule every Applicant for a
Class A Accessible Cab Owner Licence or any renewal thereof shall be a Licensed Cab Owner.
1.4
Every Applicant for a Class B Cab Owner Licence or Class B Accessible Cab Owner
Licence or any renewal thereof shall:
(a)
if the Applicant is an individual, attend at the office of the Licence Manager in
person and complete a written application for such Licence;
(b)
if the Applicant is partnership, have a partner attend at the office of the Licence
Manager in person and complete a written application for such Licence;
(c)
if the Applicant is an individual, hold for a Cab Owner Licence a valid Cab Driver
Licence or for an Accessible Cab Owner Licence a valid Accessible Cab Driver
Licence;
(d)
if the Applicant is a partnership, have each partner hold for a Cab Owner Licence
a valid Cab Driver Licence or for an Accessible Cab Owner Licence a valid
Accessible Cab Driver Licence;
(e)
(f)
(g)
submit for inspection and approval by the Licence Manager the vehicle that is to
be Plated that meets all of the requirements of this Schedule;
(h)
in the case of a Class B Accessible Cab Owner Licence, file with the Licence
Manager proof satisfactory to the Licence Manager, that the Applicant is affiliated
with a Licensed Broker; and
(i)
1.5
An Applicant shall not be eligible for a Class B Cab Owner Licence or a Class B
Accessible Cab Owner Licence if:
(a)
the Applicant is a corporation;
(b)
(c)
(d)
(e)
2.0
2.1
VEHICLE REQUIREMENTS
Every Owner shall ensure that his or her Cab or Accessible Cab has:
(a)
a seating capacity of not less than 5 and not more than 10 individuals;
(b)
(c)
an illuminated electric sign securely affixed to the top of the Cab or Accessible
Cab and connected to the Cab Meter so as to be lit from dusk to dawn when the
Cab is not providing a Conveyance Service and indicating that that the vehicle is
a Cab or Accessible Cab and the name of the Fleet it belongs to;
(d)
(e)
have a City issued 911 Bumper Sticker affixed in proximity to the rear emergency
light;
(f)
a Cab Meter for registering distance traveled, waiting time and for computing
Fares that is;
(i)
illuminated between dusk and dawn;
(ii)
clearly visible to Passengers;
(iii)
adjusted in accordance with the tariffs in Schedule I of this By-law;
(iv)
used only when the seal is intact;
(v)
used for not longer than one year without retesting, re-inspection and
resealing; and
(vi)
kept in good working condition at all times;
(g)
(h)
(i)
the number of the Owner Plate issued for the Cab or Accessible Cab displayed
on the exterior sides of both front doors and right rear trunk hood in contrasting
colours at least 8 centimetres high;
(j)
displayed on the rear bumper of the Cab or Accessible Cab the number of the
Owner Plate issued for the Cab or Accessible Cab and the name of the Fleet it
belongs to in text that is high colour-contrasted with its background in order to
assist with visual recognition, has the appearance of solid characters and is
consistently shaped, coloured and positioned with other vehicles in the Fleet;
(k)
the Owner Plate issued for the Cab or Accessible Cab securely affixed to its right
rear trunk; and,
(l)
2.2
In addition to the requirements of section 2.1 of this Schedule, every Accessible Cab
Owner shall ensure that his or her Accessible Cab:
(a)
is equipped with an extra tire, wheel and jack ready for use for that Accessible
Cab;
(b)
(c)
(d)
is equipped with a dry chemical fire extinguisher having an effective total rating of
at least 4-B c and weighing 2.27 kilograms;
(e)
(f)
2.3
For the purpose of this By-law the age of any motor vehicle shall be determined by
counting the model year as the first year.
2.4
No motor vehicle more than eight (8) years old and no Low Emission Vehicle more than
nine (9) years old may be plated as a Cab under this By-law. No motor vehicle more than nine
(9) years old may be plated as an Accessible Cab under this By-law.
2.5
No motor vehicle more than four (4) years old may be Plated for the first time as a Cab
or an Accessible Cab under this By-law.
3.0
3.1
OWNERS DUTIES
Every Licensed Cab Owner or Accessible Cab Owner shall:
(a)
keep at all times in the Cab or Accessible Cab for which the Cab Owner Licence
or Accessible Cab Owner Licence was issued, the original or a photocopy of the
original of each of the following documents:
(i)
the current Cab Owner Licence or Accessible Cab Owner Licence;
(ii)
a current Ministry of Transportation passenger motor vehicle permit
issued for the Cab or Accessible Cab;
(iii)
the certificate of insurance for the Cab or Accessible Cab obtained in
accordance with the requirements of this By-law.
(b)
maintain the Cab or Accessible Cab in good condition at all times and without
limitation every Cab Owner or Accessible Cab Owner shall:
(i)
maintain all drive train components, the engine, transmission, suspension
and braking system in accordance with Ontario Regulation 611 of the
Highway Traffic Act, as amended from time to time;
(ii)
maintain all factory and after-market parts such as lamps, latches, seats,
body parts, windows, heater and defroster systems free of defects or
damage and in complete operational order; and
(iii)
maintain the vehicle generally to allow for its safe operation;
(c)
repair all of the Cabs or Accessible Cabs mechanical defects immediately when
reported by a Driver, the Licence Manager or an Enforcement Officer;
(d)
keep in the Cab or Accessible Cab a Maintenance Log recording all maintenance
and repairs performed on the Cab or Accessible Cab within the preceding 12
months;
(e)
maintain the interior and exterior of his or her Cab or Accessible Cab in a clean
and tidy condition, including maintain the interior:
(i)
free from all dust, dirt, grease, oil, adhesive resin and any other item
which can be transferred on to the person, clothing or possessions of a
Passenger;
(ii)
free of all waste paper, cans, garbage or any other item not intrinsic to the
Operation of the Cab or Accessible Cab;
(iii)
free of noxious substances;
(iv)
free of excess wear including tears and cigarette burns in the upholstery;
(v)
(vi)
(vii)
(viii)
(ix)
(x)
in a dry condition;
in good repair;
with working seat belts;
with side windows that open and close;
with every seat securely mounted maintaining its position and adjustment;
with a working dome light that will activate automatically when the vehicle
doors open;
submit each Cab or Accessible Cab for a safety inspection annually by a motor
vehicle inspection mechanic at a motor vehicle inspection station as defined by
the Highway Traffic Act and at other times as requested to do so by the Licence
Manager or an Enforcement Officer;
(g)
submit the Cab Meter for testing, inspection and sealing by such person as the
Licence Manager directs at any time;
(h)
(i)
(j)
file with the Licence Manager at least 5 days prior to the expiry date of any
current insurance policy an insurance renewal policy or certificate of insurance;
(k)
ensure that every Driver or lessee and every other person involved in the
operation of his or her Cab or Accessible Cab complies with all of the
requirements of this By-law;
(l)
know at all times the identity of any person having custody of or control over his
or her Cab or Accessible Cab; and
(m)
make available the number of the Owner Plate and the name of the Fleet that the
Cab or Accessible Cab belongs to in an accessible format to Passengers who
are Persons with Disabilities.
3.2
In addition to all of the requirements set out in section 3.1 of this Schedule, every
Accessible Cab Owner shall:
(a)
ensure that the Driver of his or her Accessible Cab keeps an accurate record of
the number of Trips made for Persons with Disabilities and for persons without
Disabilities on his or her Trip Sheets;
(b)
ensure that the Driver of his or her Accessible Cab records the total number of
Trips made for Persons with Disabilities and for Persons without Disabilities from
the Trip Sheets for each month; and
(c)
ensure that the Driver of his or her Accessible Cab gives priority for providing
Conveyance Service to Persons with Disabilities over persons without
disabilities.
3.3
In addition to all of the requirements set out in section 3.1 of this Schedule, every Class
B Cab Owner shall:
(a)
Operate his or her Cab on a full-time basis for a minimum of 35 hours a week for
40 weeks for the period of November 1 to October 31; and
(b)
if the Applicant is a partnership, each partner shall drive his or her Cab on a fulltime basis for a minimum of 35 hours a week for 40 weeks for the period of
November 1 to October 31.
3.4
In addition to all of the requirements set out in sections 3.1 and 3.2 of this Schedule,
every Class B Accessible Cab Owner shall:
(a)
ensure that all Drivers in his or her Accessible Cab are affiliated with the same
Broker as the Class B Accessible Cab Owner;
(b)
(c)
notify the Licence Manager in writing of any change of his or her affiliation with a
Broker within 5 days of any such change;
(d)
Operate his or her Accessible Cab on a full-time basis for a minimum of 35 hours
a week for 40 weeks for the period of November 1 to October 31; and
(e)
if the Applicant is a partnership, each partner shall operate his or her Accessible
Cab on a full-time basis for a minimum of 35 hours a week for 40 weeks for the
period of November 1 to October 31.
3.5
Notwithstanding subsections 3.4(d) and (e) of this Schedule, the Licence Manager may
exempt a Class B Accessible Cab Owner from the minimum hours of operation required if, on
account of illness, injury or other medical disability, he or she has been unable to meet the
requirements of that subsection, if he or she files with the Licence Manager a statutory
declaration so stating, together with supporting documentation including a medical certificate
from a physician certified to practice in Ontario and such other evidence as the Licence
Manager may require and the statutory declaration shall also state that he or she did meet the
requirements of subsections 3.4(d) and (e) of this Schedule before the onset of his or her
medical disability.
4.0
4.1
OWNERS PROHIBITIONS
No Cab Owner or Accessible Cab Owner, shall:
(a)
permit any person to Operate his or her Cab without that person being Licensed
as a Cab Driver under this By-law;
(b)
permit any person to Operate his or her Accessible Cab unless that person is
Licensed as an Accessible Cab Driver under this By-law;
(c)
permit his or her Owner Plate to be used with respect to any other vehicle other
than the vehicle for which the Owner Plate was issued;
(d)
require or permit a Driver of the Owners Cab or Accessible Cab, to work when
that person's ability to perform his or her duties is impaired by fatigue, illness or
otherwise;
(e)
require or permit a Driver to Operate the Owner's Cab or Accessible Cab when
the Driver has been on duty for more than 14 hours within a 24 hour period
without first taking 10 hours off duty. Within the 14 hour on duty period, a
maximum of 12 hours may be consecutive on duty time.
(f)
Operate, cause or permit his or her Cab or Accessible Cab to be Operated with
mechanical defects;
(g)
(h)
put any name, address or telephone number or identification other than that of
the Broker with whom the Owner is affiliated, on his or her Cab or Accessible
Cab;
(i)
(j)
display or permit the display of any advertisement on the Cab or Accessible Cab
except one permanently attached exterior advertising sign not exceeding 36 cm x
51 cm (14" X 20) in size on each of the side panels of the front doors of the Cab
or Accessible Cab and on the rear trunk lid of the Cab or Accessible Cab, such
sign relating solely to the vehicle for hire business of the Owner, or affiliated
Broker;
(k)
permit a person to Operate his or her Cab or Accessible Cab when the Cab
Meter is out of order or defective in any way;
(l)
use or permit to be used on his or her Cab or Accessible Cab a colour scheme
that is not approved by the Licence Manager or simulates a colour scheme used
by another Broker;
(m)
use or permit to be used in his or her Cab or Accessible Cab a scanning device
or more than one two-way radio communication system and one cellular
telephone; and
(n)
fail to maintain his or her Cab or Accessible Cab in operation for a period of at
least 120 successive days.
5.0
NUMBER OF CAB AND ACCESSIBLE CAB OWNER LICENCES
5.1
A limitation is imposed on the issuance of Cab Owner Licences at whichever number is
greater:
(a)
the number of licences issued under By-law No. L-126-256 immediately before
its repeal; or,
(b)
a ratio of one Licence for each 1,100 residents of the City, the total number of
residents of the City to be determined annually from the latest revised population
figures available from Statistics Canada.
5.2
A limitation is imposed on the number of Accessible Cab Owner Licences at the ratio of
one Licence for every 18 Cab Owner Licences.
5.3
Nothing in this By-law shall be construed as preventing an Owner from converting a Cab
Owner Licence to an Accessible Cab Owner Licence.
5.4
To regulate the distribution of available Cab Owner Licences and Accessible Cab Owner
Licences, the Licence Manager shall issue new Cab Owner Licences and Accessible Cab
Owner Licences only at such times as the formula referred to in subsection 5.1(a) and (b) of this
Schedule warrants the issuance of new Cab Owner Licences and Accessible Cab Owner
Licences. If warranted, the new Licences shall be issued within 3 months of the population
figures being available from Statistic Canada, in order from the Cab Priority List or the
Accessible Cab Priority List.
5.5
Notwithstanding any provisions of this By-law, no individual corporation or group of
corporations having a common shareholder or part Owner with a total of more than 50% of the
shares of ownership shall have more than 35% of the total number of Cab Owner Licences.
6.0
CAB PRIORITY LIST AND ACCESSIBLE CAB PRIORTY LIST
6.1
The Licence Manager shall establish and maintain a Cab Priority List and an Accessible
Cab Priority List to be used in determining the priority for issuing new Cab Owner and
Accessible Cab Owner Licences, using the following criteria:
(a)
applicants that are on the Cab Priority List or the Accessible Cab Priority List on
or before June 30, 2012 shall have their name placed on the Cab Priority List or
the Accessible Cab Priority List and maintain their order;
(b)
(c)
no person shall hold more than one position on either the Cab Priority List or the
Accessible Cab Priority List at any one time;
(d)
no person shall have their name on or hold a position on both the Cab Priority
List and the Accessible Priority List at any one time;
(e)
(f)
no Person who has been issued a Licence from the Cab or Accessible Cab
Priority List may re-enter his or her name on the Cab or Accessible Cab Priority
List; and
(g)
if the Applicant whose name appears on the Cab or Accessible Cab Priority List
is:
(i)
an individual, then he or she; or
(ii)
a partnership, then each partner
shall complete a statutory declaration attesting to his or her continued eligibility to
remain on the Cab or Accessible Cab Priority List within 30 days following the
date the Licence Manager mails, by registered mail to the Applicants last known
address, a notice requiring the statutory declaration and any persons who fails to
complete the statutory declaration shall have their name removed from the Cab
or Accessible Cab Priority List without further notice.
6.2
When a Cab or Accessible Cab Owner Licence becomes available for issuance, the
Licence Manager shall send a letter to the Applicant whose name is at the top of the Cab or
Accessible Cab Priority List, whichever is applicable, by first class prepaid mail requesting that
he or she, or each partner if the Applicant is a partnership, attend at the office of the Licence
Manager within 45 days of the date of the letter to;
(a)
in the case of an Accessible Cab Owner Licence file with the Licence Manager
proof of completion of an Accessible Cab Training Course approved by the
Licence Manager, and, subsequently, complete a written examination
administered by the Licence Manager with:
(i)
a minimum grade of 75% for a first attempt; or
(ii)
a minimum grade of 85% for all subsequent attempts;
(b)
submit an Application for such Licence in accordance with subsections 1.4 and
1.5 of this Schedule; and
(c)
6.3
Every newly Licensed Cab or Accessible Cab Owner shall place his or her Cab or
Accessible Cab in operation within 45 days from the date the Cab or Accessible Cab Owner
Licence is granted, failing which the Cab or Accessible Cab Owner Licence shall be returned to
the Licence Manager who may proceed to issue the Cab or Accessible Cab Owner Licence to
another eligible Applicant on the Cab or Accessible Cab Priority List.
6.4
When a Cab or Accessible Cab Owner Licence is issued or denied to an Applicant on
the Cab or Accessible Cab Priority List, the name of that Applicant shall be removed from the
applicable Cab or Accessible Cab Priority List by the Licence Manager and all other names
below shall be moved forward one position.
6.5
No Person, by virtue of the submission of an Application for a Cab or Accessible Cab
Owner Licence or by virtue of the placing of his or her name on the Cab or Accessible Cab
Priority List shall obtain a vested right to a Cab or Accessible Cab Owner Licence, or to remain
on the Cab or Accessible Cab Priority List.
6.6
The City may at any time amend or repeal this By-law and any successor By-laws and
place further or additional requirements or restrictions on such persons at any time or to purge
or eliminate the Cab or Accessible Cab Priority List.
6.7
The Cab or Accessible Cab Priority List shall not oblige the City to issue a Licence to
any person on it, regardless of he or she being at the top or the earliest entry. The Cab or
Accessible Cab Priority List shall not give such person a vested interest in a Cab or Accessible
Cab Owner Licence and its use shall be solely for establishing the order of priority of persons
seeking a Cab or Accessible Cab Owner Licence.
6.8
An Applicants name shall be placed on the Cab or Accessible Cab Priority List by the
Licence Manager if where the Applicant is an individual, the individual, or where the Applicant is
a partnership, a partner:
(a)
has been Licensed as a Cab Driver for at least 2 years and Operating a Cab at
least 35 hours a week for 40 weeks in each of the two years prior to the date that
his or her Application for a Cab Owner Licence is filed with the Licence Manager
together with a statutory declaration confirming this;
(b)
holds his or her Cab Driver Licence in good standing with no outstanding charges
or convictions under this By-law; and
(c)
has not held, either directly or indirectly, a Cab Owner Licence or an Accessible
Cab Owner Licence during the 5 years prior to the date that his or her Application
for a Cab or Accessible Cab Owner Licence is filed with the Licence Manager.
6.9
Notwithstanding subsection 6.8 of this Schedule, when an Applicants name has been
added to the Cab or Accessible Cab Priority List, the Applicants name shall remain on the Cab
or Accessible Cab Priority List if where he or she is an individual, the individual, or where the
Applicant is a partnership, a partner:
(a)
continues to drive a Cab for an average of at least 35 hours a week for 40 weeks
each year or he or she works at a Licensed Brokerage, as a Dispatcher, a Broker
general manager, telephone operator or mechanic and has worked in that
capacity, or any combination thereof, for an average of at least 35 hours a week
for 40 weeks each year and has filed a statutory declaration with the Licence
Manager confirming this;
(b)
renews his or her Application annually, signing a statutory declaration and paying
a fee as required by the Licence Manager; and
(c)
(a)
not remove the name of the person appealing from the Cab or Accessible Cab
Priority List until the Hearings Officer has issued a final decision;
(b)
note beside the name on the Cab or Accessible Cab Priority List that an appeal
has been requested; and
(c)
not issue any Cab or Accessible Cab Owner Licences until such time as the
Hearings Officer has disposed of all outstanding appeals, unless the Cab or
Accessible Cab Owner Licence is not issued due to the Cab or Accessible Cab
Priority List.
6.18 The Cab and Accessible Cab Priority List shall be available for inspection by the public
during normal business hours at the office of the Licence Manager.
2.0
2.1
if the Applicant is a partnership, have a partner attend at the office of the Licence
Manager in person and complete a written application for such Licence;
(c)
(d)
(e)
if the Applicant is a partnership, have each partner hold a valid Limousine Driver
Licence;
(f)
(g)
(h)
(i)
(j)
submit for inspection and approval by the Licence Manager the vehicle that is to
be Plated that meets all of the requirements of this Schedule; and
(k)
VEHICLE REQUIREMENTS
Every Owner shall ensure that his or her Limousine has:
(a)
2 exterior emergency lights in a location approved by the Licence Manager that:
(i)
have an intermittent flasher to continuously flash until reset or disengaged
and a silent activation switch within easy reach of the Driver; and
(ii)
are amber in colour, at least 5 centimetres in diameter, shock resistant,
wired on an independent circuit, upon activation visible from the front and
rear of the Limousine at a distance of not less than 15 metres but not
visible to any individual in the Limousine, and installed at and facing
toward the front and the back of the Limousine;
(b)
have a City issued 911 Bumper Sticker affixed in proximity to the rear emergency
light;
(c)
(d)
(e)
the Owner Plate issued for the Limousine securely affixed to its right rear trunk;
and,
(f)
displayed on the rear bumper of the Limousine the number of the Owner Plate
issued for the Limousine and the name of the Fleet it belongs to in text that is
high colour-contrasted with its background in order to assist with visual
recognition, has the appearance of solid characters and is consistently shaped,
coloured and positioned with other vehicles in the Fleet.
2.2
For the purpose of this By-law the age of any motor vehicle shall be determined by
counting the model year as the first year.
2.3
No motor vehicle more than seven (7) years old and no Low Emission Vehicle more than
eight (8) years old may be Plated as a Limousine under this By-law.
2.4
No motor vehicle more than four (4) years old may be Plated for the first time as a
Limousine under this By-law.
2.5
3.0
3.1
OWNERS DUTIES
Every Licensed Limousine Owner shall:
(a)
keep at all times in the Limousine for which the Limousine Owner Licence was
issued, the original or a photocopy of the original of each of the following
documents:
(i)
the current Limousine Owner Licence issued under this By-law;
(ii)
a current Ministry of Transportation Passenger Motor Vehicle Permit
issued for the Limousine;
(iii)
the certificate of insurance for the Limousine obtained in accordance with
the requirements of this By-law;
(b)
maintain the Limousine in good condition at all times and without limitation every
Limousine Owner shall:
(i)
maintain all drive train components, the engine, transmission, suspension
and braking system in accordance with Ontario Regulation 611 of the
Highway Traffic Act; as amended from time to time;
(ii)
maintain all factory and after-market parts such as lamps, latches, seats,
body parts, windows, heater and defroster systems free of defects or
damage and in complete operational order; and
(iii)
maintain the vehicle generally to allow for its safe operation;
(c)
(d)
keep in the Limousine a Maintenance Log recording all maintenance and repairs
performed on the Limousine within the preceding 12 months;
(e)
maintain the interior and exterior of his or her Limousine in a clean and tidy
condition, including maintain the interior:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
free from all dust, dirt, grease, oil, adhesive resin and any other item
which can be transferred on to the person, clothing or possessions of a
Passenger;
free of all waste paper, cans, garbage or any other item not intrinsic to the
Operation of the Limousine;
free of noxious substances;
free of excess wear including tears and cigarette burns in the upholstery;
in a dry condition;
in good repair;
with working seat belts;
with side windows that open and close;
with every seat securely mounted maintaining its position and adjustment;
with a working dome light that will activate automatically when the vehicle
doors open;
4.0
4.1
(f)
(g)
(h)
file with the Licence Manager at least 5 days prior to the expiry date of any
current insurance policy an insurance renewal policy or certificate of insurance;
(i)
ensure that the Driver and every other person involved in the operation of his or
her Limousine complies with all of the requirements of this By-law;
(j)
know at all times the identity of any person having custody or control over his or
her Limousine;
(k)
maintain for no less than 12 months an accurate record of all Orders for his or
her Limousine together with:
(i)
the number of the Limousine Owner Licence;
(ii)
the date and time that the Limousine was dispatched;
(iii)
the Drivers name and the Drivers Licence number; and
(iv)
the address to which the Limousine was dispatched; and,
(l)
make available the number of the Owner Plate and the name of the Fleet that the
Limousine belongs to in an accessible format to Passengers who are Persons
with Disabilities.
OWNERS PROHIBITIONS
No Licensed Limousine Owner, shall:
(a)
permit any person to Operate his or her Limousine without that person being
Licensed as a Limousine Driver under this By-law;
(b)
permit his or her Owner Plate to be used with respect to any other vehicle other
than the vehicle for which the Owner Plate was issued;
(c)
require or permit a Driver of the Owners Limousine, to work when that person's
ability to perform his or her duties is impaired by fatigue, illness or otherwise;
(d)
require or permit a Driver to Operate the Owner's Limousine when the Driver has
been on duty for more than 14 hours within a 24 hour period without first taking
10 hours off duty. Within the 14 hour on duty period, a maximum of 12 hours
may be consecutive on duty time.
(e)
(f)
(g)
put any name, address or telephone number or identification other than that of
the Broker with whom the Owner is affiliated, on his or her Limousine;
(h)
(i)
(j)
use or permit to be used in his or her Limousine a scanning device or more than
one two-way radio communication system and one cellular telephone; and
(k)
use or permit to be used in his or her Limousine any roof sign or top light.
2.0
2.1
(b)
if the Applicant is a partnership, have a partner attend at the office of the Licence
Manager in person and complete a written application for such Licence;
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
submit for inspection and approval by the Licence Manager the vehicle that is to
be Plated that meets all of the requirements of this Schedule; and
(k)
VEHICLE REQUIREMENTS
Every Owner shall ensure that his or her Group Transportation Vehicle has:
(a)
exterior emergency lights in a location approved by the Licence Manager that:
(i)
have an intermittent flasher to continuously flash until reset or disengaged
and a silent activation switch within easy reach of the Driver; and
(ii)
are amber in colour, at least 5 centimetres in diameter, shock resistant,
wired on an independent circuit, upon activation visible from the front and
have a City issued 911 Bumper Sticker affixed in proximity to the rear emergency
light;
(c)
(d)
(e)
the Owner Plate issued for the Group Transportation Vehicle securely affixed to
its right rear trunk; and
(f)
displayed on the rear bumper of the Group Transportation Vehicle the number of
the Owner Plate issued for the Group Transportation Vehicle and the name of the
Fleet it belongs to in text that is high colour-contrasted with its background in
order to assist with visual recognition, has the appearance of solid characters
and is consistently shaped, coloured and positioned with other vehicles in the
Fleet.
2.2
For the purpose of this By-law the age of any motor vehicle shall be determined by
counting the model year as the first year.
2.3
No motor vehicle more than six (6) years old and no Low Emission Vehicle more than
seven (7) years old may be Plated as a Group Transportation Vehicle under this By-law.
2.4
No motor vehicle more than four (4) years old may be Plated for the first time as a Group
Transportation Vehicle under this By-law.
3.0
3.1
OWNERS DUTIES
Every Licensed Group Transportation Vehicle Owner shall:
(a)
keep at all times in the Group Transportation Vehicle for which the Group
Transportation Vehicle Owner Licence was issued, the original or a photocopy of
the original of each of the following documents:
(i)
the current Group Transportation Vehicle Owner Licence issued under
this By-law;
(ii)
a current Ministry of Transportation Passenger Motor Vehicle Permit
issued for the Group Transportation Vehicle;
(iii)
the certificate of insurance for the Group Transportation Vehicle obtained
in accordance with the requirements of this By-law;
(b)
maintain the Group Transportation Vehicle in good condition at all times. Without
limitation every Group Transportation Vehicle Owner shall:
(i)
maintain all drive train components, the engine, transmission, suspension
and braking system in accordance with Ontario Regulation 611 of the
Highway Traffic Act; as amended from time to time;
(ii)
maintain all factory and after-market parts such as lamps, latches, seats,
body parts, windows, heater and defroster systems free of defects or
damage and in complete operational order; and
(iii)
maintain the vehicle generally to allow for its safe operation;
(c)
(d)
(e)
maintain the interior and exterior of his or her Group Transportation Vehicle in a
clean and tidy condition, including maintain the interior:
(i)
free from all dust, dirt, grease, oil, adhesive resin and any other item
which can be transferred on to the person, clothing or possessions of a
Passenger;
(ii)
free of all waste paper, cans, garbage or any other item not intrinsic to the
Operation of the Group Transportation Vehicle;
(iii)
free of noxious substances;
(iv)
free of excess wear including tears and cigarette burns in the upholstery;
(v)
in a dry condition;
(vi)
in good repair;
(vii)
with working seat belts;
(viii) with side windows that open and close;
(ix)
with every seat securely mounted maintaining its position and adjustment;
(x)
with a working dome light that will activate automatically when the vehicle
doors open;
and maintain the exterior:
(xi)
free from all dust, dirt, grease, oil, adhesive resin and any other item
which can be transferred on the person, clothing or possessions of a
Passenger, except water or snow;
(xii)
in good repair;
(xiii) free from exterior body damage;
(xiv) with no missing or removed fender, grill or molding;
(xv)
with securely closing doors and trunk lid;
(xvi) with all handles and catches in good repair;
(xvii) with the paint or finish in good repair; and
(xviii) with four matching hubcaps or wheels.
4.0
4.1
(f)
(g)
(h)
file with the Licence Manager at least 5 days prior to the expiry date of any
current insurance policy an insurance renewal policy or certificate of insurance;
and
(i)
ensure that the Driver and every other person involved in the operation of his or
her Group Transportation Vehicle complies with all of the requirements of this Bylaw;
(j)
know at all times the identity of any person having custody or control over his or
her Group Transportation Vehicle;
(k)
maintain for no less than 12 months an accurate record of all Orders for his or
her Group Transportation Vehicle together with:
(i)
the number of the Group Transportation Vehicle Owner Licence;
(ii)
the date and time that the Group Transportation Vehicle was dispatched;
(iii)
the Drivers name and the Drivers Licence number; and
(iv)
the address to which the Group Transportation Vehicle was dispatched;
and,
(l)
make available the number of the Owner Plate and the name of the Fleet that the
Group Transportation Vehicle belongs to in an accessible format to Passengers
who are Persons with Disabilities.
OWNERS PROHIBITIONS
No Licensed Group Transportation Vehicle Owner, shall:
(a)
permit any person to Operate his or her Group Transportation Vehicle without
that person being Licensed as a Group Transportation Vehicle Driver under this
By-law;
(b)
permit his or her Owner Plate to be used with respect to any other motor vehicle
other than the vehicle for which the Owner Plate was issued;
(c)
(d)
(e)
(f)
(g)
put any name, address or telephone number or identification other than that of
the Broker with whom the Owner is affiliated, on his or her Group Transportation
Vehicle;
(h)
(i)
(j)
(k)
use or permit to be used on his or her Group Transportation Vehicle any roof sign
or top light.
SCHEDULE G - BROKERS
LICENCE APPLICATIONS, DUTIES, PROHIBITIONS
1.0
1.1
2.0
2.1
if the Applicant is a partnership, have a partner attend at the office of the Licence
Manager in person and complete a written application for such Licence;
(c)
(d)
(e)
if the Applicant is a partnership, have each partner hold a valid Cab Driver
Licence;
(f)
(g)
(h)
(i)
(j)
BROKERS DUTIES
Every Broker shall:
(a)
keep a record of all Owners associated with the Broker including: the make,
model and VIN for each vehicle, the Owners name and contact information, and
a copy of the Owners Licence;
(b)
ensure that every Driver or Owner in association with the Broker complies with
this By-law, including being Licensed;
(c)
maintain an accurate record for at least 12 months, of all Orders for each Cab,
Accessible Cab, Limousine and Group Transportation Vehicle Dispatched,
including the following information:
(i)
the Owner Licence number;
(ii)
the Drivers name and Driver Licence number;
(iii)
the date and time of Dispatch;
(iv)
the address to which the vehicle is Dispatched;
(v)
the time of arrival at pick up for all Trips; and
(vi)
the time of arrival at the destination for all Trips; and
(vii)
the fare charged for all Trips; and
(viii) geographic routing of all Trips taken for a period of at least 30 days;
3.0
3.1
(d)
inspect each Cab, Accessible Cab, Limousine and Group Transportation Vehicle
Operated in association with the Broker prior to each period of continuous
Operation or shift, ensuring that the vehicles are clean, mechanically operational,
properly equipped and identified in accordance with this By-law;
(e)
carry on the Brokerage 24 hours a day, 7 days of the week during the term of the
Broker Licence;
(f)
upon request, inform a passenger of the anticipated length of time for a vehicle
to arrive at the pick-up location;
(g)
(h)
(i)
(j)
ensure that each Cab, Accessible Cab, Limousine and Group Transportation
Vehicle in his or her Fleet is equipped to accept credit card and debit card
payments; and
(k)
ensure that each Cab, Accessible Cab, Limousine and Group Transportation
Vehicle in his or her Fleet is equipped with a fully functioning global positioning
system that:
(i)
is approved by the Licence Manager;
(ii)
is capable of tracking and locating the position of the vehicle;
(iii)
includes a vehicle location system:
(iv)
is equipped with an emergency call button; and
(v)
is fully operational at all times when the vehicle is available for or
providing a Conveyance Service.
BROKERS PROHIBITIONS
No Licensed Broker shall:
(a)
Dispatch any Driver who is not Licensed;
(b)
(c)
require any Driver to accept any Order which is not in accordance with the
appropriate Fare set out in Schedule I to this By-law;
(d)
enter into an agreement for the provision of Brokerage services with a Driver or
Owner who is already affiliated with another Broker; and
(e)
SCHEDULE H
LICENCE, EXAMINATION AND OTHER FEES
Each fee listed herein shall be charged by the City in each particular instance.
Category
Driver Licence
(Cab, Accessible Cab, Limousine, Group Transportation Vehicle)
Owner Licence
(Cab, Accessible Cab, Limousine, Group Transportation Vehicle)
Broker Licence
Fee plus
applicable
taxes
$10.00
Monthly fee *
$750.00
Annual Fee
$400.00
Annual Fee
$30.00
$40.00
$3.00
Tariff Card
$5.00
$50.00
$35.00
$20.00
$210.00
$750.00
Vehicle Substitution
$210.00
$25.00
$25.00
$100.00
SCHEDULE I TARRIFS/FARES
PART I
ANNUAL RATE ADJUSTMENT
1.1 Commencing on October 1, 2016 and every year thereafter on October 1st, the rates set out
in sections 2.1 and 3.1 in this Schedule shall be adjusted by an amount equal to the Ontario CPI
for the month of June calculated as follows:
base rate = rate + (rate x CPI%)
new rate = base rate rounded up to the highest $0.10
Provided that in each year the rate to be multiplied by the CPI in the above noted formula shall
be the base rate from the previous year before it is rounded up to the highest $0.10. The
following examples are provided for the purpose of clarity:
Example 1:
Year 1: rate = $3.50 and CPI = 3%
$3.50 + ($3.50 x 3%) = $3.61 (base rate)
base rate rounded up to the highest $0.10 = $3.70 (new rate)
new rate = $3.70
Year 2: CPI = 2%
$3.61 + ($3.61 x 2%) = $3.68 (base rate)
base rate rounded up to the highest $0.10 = $ 3.70
new rate= $3.70
Example 2:
Year 1: rate = $3.50 and CPI = 1%
$3.50 + ($3.50 x 1%) = $ 3.54 (base rate)
base rate rounded up to the highest $0.10 = $3.60
new rate = $3.60
Year 2: CPI = 2%
$3.54 + ($3.54 x 2%) = $3.61 (base rate)
base rate rounded up to the highest $0.10 = $3.70
new rate = $3.70
1.2 The Licence Manager shall calculate any changes to the rates as provided in subsection
1.1. A record of such rates shall be maintained by the City Clerk and such record shall be
available for public inspection at the office of the Licence Manager and the office of the City
Clerk during normal business hours.
PART II
CAB AND ACCESSIBLE CAB TARIFF/FARES
2.1 $3.50 for up to the first 57 metres or for up to the first 11 seconds while travelling 17
kilometres per hour or less, or a combination thereof;
2.2 $0.25 for each additional 130 metres or part thereof;
2.3 $0.25 each additional 26 seconds of time while the Cab or Accessible Cab is on a Trip,
travelling at a speed of 17 kilometres per hour or less; and
2.4 A 10% discount on the tariff will be given, on a 24-hour per day basis, to Senior Citizens.
The discount is calculated on the highest full dollar registered on the Cab Meter (e.g. the
discount on a $2.50 Fare would be calculated on $2.00 only and would equal $0.20);
2.5 The Fares shall be calculated from the time of pickup of the first Passenger to the time of
the discharge of the last Passenger.
Part III
LIMOUSINE (EXECUTIVE) TARIFFS/FARES
Option 1 Zone Fare Structure
3.1 The permitted fares for Limousine (Executive) operating within the Municipality shall be
calculated as travelled zones by the most expeditious route.
Zones
General Rate
Senior Rate
$10.25
$9.50
$10.25
$9.50
$13.00
$11.75
$16.00
$14.75
$19.25
$17.75
$23.00
$21.00
$25.75
$23.25
$29.50
$26.75
$32.75
$29.75
10
$36.00
$32.75
11
$39.25
$35.50
12
$42.50
$38.50
13
$46.25
$42.00
14
$48.75
$44.25
a minimum fare of $43.00 for the first hour or part thereof, and thereafter,
a minimum fare of $43.00 per hour.
PART IV
LIMOUSINE (STRETCH) AND LIMOUSINE (CLASSIC)
TARIFF/FARES
4.1 The permitted fares for Limousine (Stretch) and Limousine (Classic) operating
within the Municipality shall be as follows:
a minimum fare of $70.00 for the first hour of part thereof, and thereafter,
a minimum fare of $70.00 per hour.
PART V
GROUP TRANSPORTATION VEHICLE TARIFF/FARES
5.1 The permitted fares for Group Transportation Vehicles operating within the Municipality
shall be as follows:
a minimum fare of $43.00 for the first hour of part thereof, and thereafter,
a minimum fare of $43.00 per hour.
Limousine Zone
Fare Structure Map
SCHEDULE J
CITY OF LONDON
VEHICLE FOR HIRE TRIP SHEET
DATE _________________DRIVER NAME ___________________________________________________
DRIVER LICENCE # ______________________________________________________________________
OWNER LICENCE # _____________________________________________________________________
NAME OF BROKER ______________________________________________________________________
SHIFT START TIME ________________________ ODOMETER READING ___________________________
SHIFT END TIME __________________________ ODOMETER READING __________________________
PICK UP
TIME
FROM
TO
DROP OFF
TIME
# OF
PSGS