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City of Coquitam
CoQuatlam
BYLAW
BYLAW NO, 4540, 2015
A Bylaw to regulate the licensing and operation of vehicles for hire in the City of Coquitlam
A.
Council of the City of Coquitlam ("Council") considers it desirable to provide standards for
the licensing and operation of vehicles for hire and vehicle for hire businesses in the City;
and
B.
Council has provided an opportunity for persons who consider they are affected by this
Bylaw to make representations to Council pursuant to s.59 of the Community Charter,
S.BC. 2003, c. 26,
NOW THEREFORE, the Council of the City of Coquitlam, in open meeting lawfully assembled,
ENACTS AS FOLLOWS:
1,
Name of Bylaw
This Bylaw may be cited as "Vehicle for Hire Bylaw No. 4540, 2015".
2.
Definitions
In this Bylaw the following words have the following meanings:
ACCESSIBLE TAXICAB means a vehicle designed and manufactured or converted for the
purpose of transporting a person using a mobility aid;
APPLICANT means the person who makes and signs an application for, an application to
renew, or an application to transfer, a licence or a chauffeur's permit;
BUSINESS LICENCE BYLAW means the Business Licence Bylaw in force in the City, as
amended or replaced from time to time;
CAB means any vehiclefor hire used for the transportation or conveyance of a person and
includes a taxicab, accessible taxicab, charter bus, limousine, and any other vehicle
operating under a special authorization issued by the Passenger Transportation Authority;
CALL CENTRE means an established place of business in the City with telephone, dispatch
and off-street parking facilities, from which any cab is dispatched or operated, or in which
orders for hire are received;
('HAUFFEUR means any person who drives a cab;
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City of Coquitlam
Bylaw No, 4540, 2015
CHAUFFEUR'S PERMIT means the permit issued to a person authorizing that person to
drive a cab under this Bylaw;
CHIEF OF POLICE means the senior resident member of the Royal Canadian Mounted Police
(Coquitlarn Detachment) responsible for pohcing in the City from time to time, or a person
designated in writing by the Chief of Police to carry out any act or function under this
Bylaw;
CITY means the City of Coquitlam;
COUNCIL means the Council of the City;
DRIVER means any person who drives a vehiclefor hire, and includes a chauffeur;
FEES AND CHARGES BYLAW means the Fees and Charges Bylaw in force in the City, as
amended or replaced from time to time;
HIRE means the fare, toll, gain, fee or rate charged or collected for the transportation of
persons or goods by or in a vehiclefor hire;
LICENCE means a licence required or issued under the provisions of this Bylaw or the
Business Licence Bylaw in respect of the operation of a vehiclefor tire within the City:
LICENCE INSPECTOR means any person appointed by the City from time to time as a bylaw
officer, bylaw inspector, property use supervisor, property use inspector or licence
inspector;
MOBILITVAID means a device, including a manual wheelchair, electric wheelchair and
scooter, that is used to facilitate the transport, in a normally seated orientation, of a
person with a disability and, for the purposes of this Bylaw, shall include a guide or seeing
eye dog used by a person with impaired vision, and shall also include a "guide animal" as
defined in the GuideAnimalAct, R.S.B.C. 1996, c. 177, as amended or replaced from time to
time;
MOTOR VEHICLE ACT means the Motor Vehicle Act, R.S.B.C. 1996 c. 318 and any regulations
enacted or adopted under it, all as amended or replaced from time to time;
OWNER means the proprietor or other person who owns or operates a business in which a
vehiclefor hire is used or offered for hire, and includes a person who has been issued a
licence;
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City of Coquifiam
Bylaw No, 4540, 2015
PASSENGER TRANSPORTATION ACT means the Passenger Transportation Act, S.B.C. 2004, c.
39 and any regulations enacted or adopted under it, all as amended or replaced from time
to time;
PASSENGER TRANSPORTATION AUTHORITY means the Passenger Transportation Board or
the Registrar of Passenger Transportation established or appointed, as the case may be,
under the Passenger Transportation Act;
SEA TING CAPACITY means the lesser of the rated passenger load assigned to a vehicle by
its manufacturer and the number of passengers a vehicle can safely accommodate, but
when used in combination with 'passengers" does not include the driver;
TAXICAB means a vehiclefor hire operated under a licence issued by the Passenger
Transportation Authority that expressly authorizes the driver to convey passengers who
hail or flag the vehicle from a highway, and includes an accessible taxicab;
TAX1METER means any mechanical or electronic instrument or device by which the charge
for transportation in any taxicab is calculated for distance travelled or for waiting time, or
both, and upon which the charge is indicated by means of figures or words;
TOW TRUCK means a vehicle used for towing or rendering assistance to a vehicle suffering
from a defect or disability in its means of locomotion;
VEHICLE means a self propelled device in, on, or by which a person or thing is or may be
transported on a highway, but does not include a device designed to be moved solely by
human power;
VEHICLE FOR HIRE means a vehicle operated on a highway by or on behalf of a person who
charges or collects compensation for the transportation of passengers or goods in that
vehicle, and includes a cab;
VEHICLE IDENTIFIER means a special authorization vehicle identifier plate or a general
authorization vehicle identifier, as the case may be, issued by the Passenger Transportation
Authority.
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City of Coquitlam
Bylaw No. 4540, 2015
3.
Exemptions
3.1
The provisions of this Bylaw do not apply to any person or vehiclefor hire exempted from
the requirements of the Passenger Transportation Act pursuant to the provisions of that
Act.
4
Licensing
4.1
No person shall carry on the business of providing or offering to provide a vehiclefor hire
in the City, or operate a call centre in the City, unless that person:
4.1.1
holds a valid and subsisting licence; and
4.1.2
holds all required licences, permits, authorizations and approvals issued bythe
Passenger Transportation Authority.
4.2
Despite section 4.1, but subject to the provisions of the Passenger Transportation Act, a
person not holding a licence may operate a taxicab within the City f
42.1
the taxicab is being driven through the Citywithout picking up or dropping off
any passengers;
4.2.2
the taxicab is being driven solely to drop off a passenger within the City; or
4.2.3
the taxicab is being driven to pick up a passenger within the City, and:
4,2.3.1
the owner of the business and the driver each hold all applicable
licences from another municipality;
4.2.3.2
the owner of the business and the driver each hold all applicable
licences from the Passenger Transportation Authority;
4.2.3.3
the passenger has made prior arrangements for the pick up; and
4.2.3.4
the passenger does not have a drop off destination in the City.
4.3
Despite section 41, but subject to the provisions of the Passenger Transportation Act, a
person not holding a licence may operate a cab, other than a taxicab, within the City in the
circumstances described in section 4.2.1 or 4.2.2 of this Bylaw.
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City of Coquitlam
Bylaw No. 4540, 2015
4.4
Every applicant for a licence shall, in the application:
44.1
set out the total number of vehicles that will be used by that applicant as a
vehiclefor hire within the City; and
4.4.2
set out the type or class of each vehiclefor hire that will be used by that
applicant in the City including, without limitation, the number of taxicabs,
accessible taxicabs and other types of cabs.
4.5
Every person who obtains a licence as an owner of a cab business shall:
4.5.1
obtain a chauffeur's permit before driving any cab forming part of that business;
and
4.5.2
ensure that every driver of every cab forming part of that business obtains a
chauffeurs permit before driving a cab.
4.6
Every applicant must pay all applicable fees prescribed for that purpose in the Fees and
Charges Bylaw.
4.7
Every application for a licence shall be on the form prescribed by the Licence Inspector.
4.8
No owner shall transfer a licence without the written approval of the Licence Inspector.
5,
Licence Period
5.1
Every licence is valid for the year in which it is issued, unless the licence is cancelled or
suspended.
5.2
No reduction or refund of the fee paid pursuant to this Bylaw will be made by the City due
to any owner ceasing to own or operate a vehiclefor hire business, or reducing the number
of vehicles used as a vehiclefor hire, during the year the licence was issued.
6
Issuance, Refusal, Suspension and Cancellation of Licences
6.1
The Licence inspector is authorized to issue, refuse, suspend and cancel a licence under this
Bylaw.
6.2
The Licence Inspector may refuse, suspend or cancel a licence issued under this Bylaw for
any of the reasons specified in the Business Licence Bylaw.
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City of Coquitlam
Bylaw No. 4540, 2015
6.3
Without limiting the generality of this Bylaw or the Business Licence Bylaw, a Licence
Inspector may refuse, suspend or cancel a licence if a vehicle in respect of which the licence
has been issued fails to pass a safety inspection under the provisions of the Motor Vehicle
Act.
6.4
Without limiting the generality of this Bylaw or the Business Licence Bylaw, a Licence
Inspector may:
6.4.1
require that an applicant or an owner attend with any vehicle which is being
used or will be used as a vehiclefor hire at a specified time and place, to be
determined by the Licence Inspector, for the purpose of examining that vehicle;
6.4.2
examine any vehicle which is being used or will be used as a vehiclefor hire to
ensure that it complies with the provisions of this Bylaw; and
after inspecting that vehicle, may require that an applicant or owner:
6.4.3
not use that vehicle as a vehiclefor hire; or
6.4.4
take certain actions, including having the vehicle inspected by appropriate
authorities, before that vehicle is used as a vehiclefor hire.
7.
Chauffeur's Permits
7.1
No person shall drive a cab in the City without holding a valid and subsisting chauffeur's
permit.
7.2
Every chauffeur's permit issued under this Bylaw is valid for one year from the date it is
issued, unless the permit is cancelled or suspended.
8.
Chauffeur's Permit issuance
8.1
Every applicant for a chauffeur's permit shall make an application to the Chiefof Police, in a
form approved by the Chief of Police, who may issue or refuse to issue a chauffeur's permit.
8.2
Every application for a chauffeur's permit must include the following:
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City ofCoquitlam
Bylaw No. 4540,2015
82.1
a certificate indicating that the applicant has completed the TaxiHost Program
provided by the Justice Institute of British Columbia or an equivalent program;
8.2.2
the applicant's driver's licence number;
8.2.3
three colour passport-sized photographs ofthe applicant;
8.24
If the applicant does not hold a licence, a letter ofemploymentfrom a person
holding such a licence In a form approved by the ChiefofPolice;
8.2.5
a vulnerable sector criminal record check consentform, a vulnerable sector
criminal record check, and any associated fees; and
8.2.6
any other relevant Information requested by the ChiefofPolice, acting
reasonably.
8.3
The ChiefofPolice must not Issue a chauffeur's permit unless he or she is satisfied thatthe
applicant
8.3.1
has successfully completed the TaxiHost Program or an equivalent program
satisfactoryto the ChiefofPolice, acting reasonably; and
8.3.2
holds the correct class of driver's licence required to operate the type ofcab to be
operated by the applicant
84
The ChiefofPolice may refuse to issue, suspend or cancel a chauffeur's permit if he or she
believes that the applicant is unfitto act as a chauffeur by reason of one or more
convictions for offences, outstanding charges, administrative penalties, or roadside
prohibitions or suspensions, under an enactment ofthe Legislature of British Columbia or
the Parliament ofCanada that, in the opinion ofthe ChiefofPolice, tend to showthe
applicant may pose a dangerto passengers, pedestrians or the public.
8.5
Ifthe ChiefofPolice refuses to issue, suspends or cancels a chauffeur's permit, the
applicant or permit holder may, by providing written notice to the City Clerk for the City
within 14 days ofthe refusal, suspension or cancellation, appeal to Coundl which may, at
its discretion, confirm, reverse or vary the decision ofthe ChiefofPolice.
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City of Coquitlam
Bylaw No. 4540, 2015
9.
Chauffeur Identification Display
9.1
Every chauffeur must, at all times while operating a cab, have displayed in the interior of
that cab a valid photo identification card in the form prescribed by the Chiefof Police,
10.
General Cab Requirements
10.1
Every owner and chauffeur of a cab must ensure that:
10.1.1
any licence or authorization required by the Passenger Transportation Act is
carried in the cab at all times; and
10.1,2
any vehicle identifier required by the Passenger Transportation Act or the
Passenger Transportation Authority is visibly displayed on the exterior of the cab.
ii
General Taxicab Requirements
11.1
Every owner and chauffeur of a taxicab in the City must ensure the taxicab:
11,1,1
has an interior and exterior that is kept in a clean condition;
11.1.2
is equipped with operational interior lights sufficient to illuminate the entire
passenger compartment;
11.1.3
is equipped with an operational two-way communications device capable of
receiving and responding to calls for customer service;
11.1.4
is equipped with an operational illuminated sign bearing the word "Taxi" or
"Cab" on the front of the taxicab;
11.1.5
has painted or otherwise permanently affixed to the exterior of the taxicab, the
business name and the word "Taxi" or "Cab" that is conspicuous and visible; and
11,1.6
has on displaytheTaxi Bill of Rights issued bythe MinistryofTransportation in
the interior of a rear-seat window, in an upright position with the complete text
intact and visible to all passengers.
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City ofCoquitlam
Bylaw No. 4540,2015
12.
AccessIble Taxicabs
12.1
Every ownerofa taxicab business shall make accessible taxicab service available to
persons requesting that service.
12.2
After a potential passenger has identified him or herselfas a person who requests the use
of an accessible taxicab, every owner or chauffeur receiving such a request must give
priority of access to an accessible taxicabto that person.
12.3
Every ownerofan accessible taxicab shall ensure that every accessible taxicab:
12.3.1
meets the requirements set out in the Motor VehicleAct;
12.3.2
has posted on each side ofthe accessible taxicabthe International Symbol of
Accessibilityfor Persons with Disabilities; and
12.3.3
has the vehicle identffler number displayed on each side ofthe accessible taxicab
atthe rear windows In a position so as to be easily seen by a person seated inside
the vehicle in a mobility aid.
13.
Chauffeur Requirements
13.1
No chauffeur ofa cab shall:
13.1.1
carry or cause, permit or allowthe carrying of passengers for separate fares
unless authorized by the Passenger Transportation Authority; or
13.1.2
carry or cause, permit or allowthe carrying of a greater number of passengers
than the seating capacityforthe cab.
14.
Charges and Fees
141
No owner or chauffeurofa taxicab shall charge, demand, collect or receive any fare or
charge except as set out by the Passenger Transportation Authority.
142
No owner or chauffeurofa taxicab shall publish or use or permit to be published or used
any rates orfares other than those authorized bythe Passenger Transportation Authority.
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City ofCoqultiam
Bylaw No.4540,2015
14.3
The owner and chauffeurof every taxicab shall display, in a conspicuous place, a tariff card
ofthe rates and charges, includingtaxes, for that taxicab as authorized bythe Passenger
Transportation Authority.
25.
Taxlmeter
15.1
No person shall drive, operate or engage in the business ofoperating a taxicab unless that
taxicab is equipped with a taximeterthat
15.1.1
meets the requirements ofthe Passenger Transportation Authorlty and
15.1.2
mechanlcaliy or electronically registers the correct distance and corresponding
rate or charge while under hire.
15.2
The owner and chauffeurof a taxicab shall ensure that each taximeter under his or her
care or control is:
15.2.1
adequately illuminated at all times when in use between dusk and dawn;
15.2.2
installed and placedatthe right side ofthe chauffeur and in such a position that
the fare to be paid by the passenger may be read easiiy from the rear passenger
compartment; and
15.2.3
installed and placed in the taxicab so that the face ofthe taxlmeter is in piain
view from the interior and exterior ofthe taxicab.
26.
Tow Trucks
16.1
Every ownerofa towtruck operating in the City shall paint or permanently affix eitherthe
business name or the name ofthe owner on each side ofeach tow truck and ensure that
the name is conspicuous and visible.
16.2
Every ownerofa tow truck shall ensure that every driveroperating a tow truck on his or
her behalf keeps a daily record containing the foilowing information:
16.2.1
the make, model, colour, and licence plate number; or
16.2.2
the vehicle identification number,
of each vehicle towed; and
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City ofCoquitlam
Bylaw Na 4540,2015
16.2.3
the date, time and place from which the vehicle was towed.
16.3
Every owner ofa tow truck must retain the daily record referred to in section 16.2 ofthis
Bylawfor a period of six months from the date on which the vehicle In question was
towed.
16.4
The records referred to In section 16.2 shall be kept by the ownerofthe tow truck at the
owner's place ofbusinessfora period ofat least six months, and during thattime shall be
produced for Inspection at any time on request by the Ucence Inspector.
16.5
Every driverofa towtruck must, before towing any vehicle
16.5.1
If present, supply the registered owner or driver ofthe vehWe or
16.5.2
ifthe registered owner or driver ofthe vehicle is injured or not present atthe
time the vehicle is being towed, supply to the police, If present
with written information statIngthe destination to which the vehicle Is to be taken.
16.6
An owneror driverofa tow truck must not cause, allow or permit the delivery of a vehicle
to a destination other than the destination stated in writing under sectIon 16.5 ofthis
Bylaw.
16.7
A driver ofa tow truck must not tow a vehiclefrom private property withoutthe consent
ofthe owner ofthat vehicle unless, at the time the vehicle Is towed, there is signage on
that property which Indicates the name and contact information ofthe ownerofthat tow
truck.
17.
General Prohibition
17.1
No owner shall cause, allow or permit a vehiclefor hire to be operated In contravention of
any ofthe provision ofthis Bylaw.
18.
Offence and Penalty
18.1
Every person who violates any provision ofthis Bylaw, or who causes, permits or allows
any act or thing to be done In violation ofthis Bylaw, or who neglects to or refrains from
doing anything required to be done by any provision ofthis Bylaw, is guilty of an offence
againstthis Bylaw and each daythat a violation continues is deemed to be a separate
offence againstthis Bylaw.
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City ofCoquitlam
Bylaw No. 4540,2015
18.2
Every person who violates a provision ofthis Bylaw, or who causes, permits, or allows an
act or thing to be done in violation ofa provision ofthis Bylaw, or who neglects or refrains
from doing anything required by a provision ofthis Bylaw, is guilty ofan offence and is
liable, upon summary conviction, to a fine not exceeding the maximum set out in the
Offence Act, as amended.
19.
SeverabilIty
19.1
The provisions ofthis Bylaw are intended to be severable and, should any part ofthis
Bylaw be found to be invalid by a court ofcompetentJurisdiction, the finding of invalidity
will not affectthe validity ofthe remainder ofthis Bylaw.
20.
TransitIon
20.1
Section 6.1(c) of Business Licence Bylaw No. 4344,2013 is amended by replacing "District
of Coquitiam Taxi-Cab Bylaw Na 38,1972" with "Vehicle for Hire Bylaw Na 4540,2015".
20.2
Section 8.3.1 ofthis Bylaw shall come into force six months after the date of adoption of
this Bylaw. Section 8.3.1 ofthis Bylaw shall not applyto an applicant who applies to
renew a chauffeur's permit where that applicant obtained a chauffeur'spermit before
January 1, 2008 and has continuously maintained the permit since that time.
20.3
Section 12 ofthis Bylaw shall come into force two years after the date ofadoption ofthis
Bylaw.
21.
Repeal
21.1
The City of Coquitlam Taxi Cab Bylaw Na 38,1972 is hereby repealed in its entirety.
READ A FIRST TIME this 7
th day of December, 2015.
READ A SECOND TIME this 7
th day of December, 2015.
READ A ThIRD TIME this t' day of December, 2015.
GIVEN FOURTH AND FINAL READING and the
March, 2016.
l4thdayof
'A
ILA1 i4ERK
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