Commercial Vehicle Bylaw No. 5789, 1988

New Westminster, British Columbia

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CORPORATION OF THE CITY OF NEW WESTMINSTER COMMERCIAL VEHICLE BYLAW NO. 5789, 1988 EFFECTIVE DATE: SEPTEMBER 19, 1988 CONSOLIDATED FOR CONVENIENCE ONLY (March 7, 2019) This is a consolidation of the bylaws listed below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW EFFECTIVE DATE No. 5848 June 26, 1989 (replaced by 5958) No. 5866 August 8, 1989 No. 5958(Schedule "C") September 24, 1990 No. 6004 June 24, 1991 (replaced by 6009) No. 6009 (Schedule "A"part) September 29, 1991 No. 6064 (Schedule "D") July 6, 1992 No. 6819 (Sec8,Part D) March 24, 2003 No. 6976 (Schedule B) November 8, 2004 No. 7061 (Schedule B) November 28, 2005 No. 7128 (Schedule B) November 20, 2006 No. 7191, 2007 (Sch B) November 5, 2007 No. 7225 (Part D, Sch A) April 14, 2008 No. 7280 (Sch B) November 24, 2008 No. 7423 (Schedule B) November 29, 2010 No. 7486 (Schedule B) October 24, 2011 No. 7545 (Schedule B) November 13, 2012 No. 7641 (Schedule B) January 1, 2014 No. 7742, 2015 (various) March 30, 2015 No. 7777, 2016 (Various) March 7, 2016 No. 7943, 2017 (Sch A Part D) October 30, 2017 No. 7976, 2018 (Sch A Part D) January 29, 2018 No. 8091, 2019 (Sch A Part D) February 25, 2019 1 Doc#56895 v9 The bylaw numbers highlighted in this consolidation refer to the bylaws that amended the principal Bylaw No. 5789, 1988. The number of any amending bylaw that has been repealed is not referred to in this consolidation. Obtainable from the City Clerk's Office 2 CORPORATION OF THE CITY OF NEW WESTMINSTER BYLAW NO. 5789, 1988 A Bylaw to Regulate Carriers of Persons or Chattels BYLAW 7742, 2105 WHEREAS Section 8 of the Community Charter, S.B.C. 2003, c. 26 empowers Council by bylaw to regulate in relation to business; AND WHEREAS Section 657 of the Local Government Act, R.S.B.C. 1996, c. 323 empowers Council by bylaw to regulate carriers of persons or things to the extent to which they are not already regulated under Provincial law; AND WHEREAS Section 36 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 empowers Council by bylaw to provide for the regulation of chauffeurs in the City and for the issuing of permits to chauffeurs; NOW THEREFORE the Council of the Corporation of the City of New Westminster in open meeting assembled HEREBY ENACTS AS FOLLOWS: 1. This Bylaw shall be cited for all purposes as "Commercial Vehicle Bylaw No. 5789, 1988. 2. Commercial Vehicle Bylaw No. 5630, 1986 is repealed. Bylaw No. 7742, 2015 - Section deleted 3. For the purposes of this Bylaw: Bylaw No. 7742, 2015 "chauffeur's permit" means the permit provided for in Section 36 of the Motor Vehicle Act, "Chief Constable" means the Chief Constable of the New Westminster Police Department or his designate; "City" means the Corporation of the City of New Westminster, "Council" means the Council of the City, Bylaw No. 7742, 2015 "Commercial Vehicle" includes a vehicle used by a person on a highway designed to be self propelled, except a vehicle operating on fixed rails or tracks and except an electric trolley bus, which is licensed under the Commercial Transport Act, R.S.B.C. 1996, c. 58 or if not so 3 licensed which is used for the collection or delivery or both, of merchandise or other commodity in the ordinary course of a business undertaking and includes pedicabs, "driver" means a person driving or having control of the vehicle, "Inspector" means the Chief Licence Inspector of the City or his designate, "licence year" means the period from March 1 to the last day of February the following year, "licensee" means the holder of a licence for a regulated vehicle issued pursuant to this Bylaw, "seating capacity" means the rated passenger load assigned to a motor vehicle by its manufacturer, but when used in combination with "passengers" does not include the driver, Bylaw No. 7742, 2015 "taxi zone" includes any area, location, or place designated for the use of taxis, pursuant to City bylaw; "taximeter" means any mechanical or electronic instrument or device by which the charge for transportation in any taxicab is mechanically or electronically calculated either for distance travelled or for waiting time, or both, and upon which the charge is indicated by means of figures. 4. Carriers of persons or chattels regulated by this Bylaw are classified as follows: Bylaw No. 5866, 1989 "Class "A" - Taxi - means a commercial vehicle used by a carrier of persons or chattels and being: (i) a four-door sedan having a seating capacity of not less than four and not more than six passengers, or (ii) a Class "L" vehicle when licensed and equipped as a taxi." Class "B" - Bus means a commercial vehicle with a minimum seating capacity of twelve passengers and used primarily for the carrying of persons and their personal effects. 4 Class "C" - Hearse means a taxi or limousine used for the transportation of persons for purposes incidental to funerals or memorial services. Class "D" - Limousine means a commercial vehicle with a seating capacity of more than six but less than twelve passengers. Class "F" - Driver Testing or Training Vehicle means a commercial vehicle equipped and employed for the business purpose of testing driving ability or teaching persons to drive, or both. Class "L" - Handicapped Persons Transportation Vehicle means a commercial vehicle of a type and design of a bus or a van that is used for transporting physically handicapped persons including persons who are confined to wheelchairs. Class "P" - Pedicab means a 3 wheeled bicycle propelled solely by the foot power of the operator and capable of carrying no more than 2 passengers in addition to the operator. Bylaw No. 7777, 2016 5. This Bylaw only applies to those commercial vehicles included in Section 4 of this Bylaw. 6. Commercial vehicles shall be operated in accordance with the General Regulations attached hereto as Schedule "A" of the Bylaw. Bylaw No. 7777, 2016 7. Licence fees are hereby imposed on persons who are carrying on the business of carriers of persons or chattels as provided for in the Development Services Fees Bylaw No. 7683, 2014, Schedule "B" Business Licence Fees. Bylaw No. 7777, 2016 8. The maximum and minimum charges to be made by Class "A" - Taxi carriers are provided for in Schedule "B" of this Bylaw. Bylaw No. 7777, 2016 9. The application procedures for a licence or Chauffeur's permit is attached hereto as Schedule "C". 10. Conviction for a violation of this Bylaw by a licensee or driver of a commercial vehicle shall be a sufficient justification for the refusal, suspension or revocation by the Inspector of the business licence to carry on business as a carrier of persons or chattels of the licensee of that vehicle. 5 11. Any person who neglects or fails to comply with this Bylaw commits an offense and is liable upon conviction to a penalty of not more than $2,000.00. 12. Each day that a violation of this bylaw continues constitutes a separate offense. 13. If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder. 6 Schedule "A"" Commercial Vehicle Bylaw No. 5789, 1988 A. Powers of the Chief Constable 1. The Chief Constable shall have supervision over the issuance of chauffeur's permits and shall satisfy himself that the requirements of this Schedule have been met by an applicant for a chauffeur's permit. 2. The Chief Constable shall be responsible for the inspection and certification of taximeters, as provided herein. 3. The Chief Constable may at any time inspect the place of business of any carrier of persons or chattels and any vehicles used by the carrier in connection with the business during the hours of operation of that business. 4. The Chief Constable shall have supervision over the enforcement of this Bylaw in co-operation with the Inspector. B. Powers of the Inspector 1. The Inspector shall have supervision over all persons and vehicle regulated by the provisions of this Bylaw and over any premises used in connection with the operation of any carrier of persons or chattels or any business or occupation carried on or conducted in relation or incidental thereto. 2. The Inspector may: (a) examine and inspect each vehicle and equipment of every applicant for a licence which is intended to be used by him for the purpose of his business and determine the fitness of such vehicle for the purpose for which it is intended to be used and inspect the place of business of any carrier of persons and chattels during the hours of operation of that business; (b) cause to be examined and inspected all vehicles required to be licensed, as to construction, type and fitness of any such vehicle and any mechanical device or equipment used thereon or therewith, with authority for such purpose to impose and apply and reasonable tests as to construction, type and fitness 7 which he may designate; subject, however, to the provisions of any statutes applicable thereto; (c) after the initial examination, inspect and approval by the Inspector, all further examinations and inspections as to safety features of the vehicle and the equipment installed therein and thereon shall be made by the Inspector at intervals he deems appropriate; (d) if the vehicle or equipment fail to pass such inspection, the licence for such vehicle shall be and remain suspended until the Inspector inspects and approves the vehicle; (e) keep a record of all taximeters in use, the number of same, and the Provincial licence number of the vehicle to which same is attached; and (f) enforce the provisions of this bylaw in co-operation with the Chief Constable. C. Licensing and Permit Conditions 1. No carrier of persons or chattels, shall operate a commercial vehicle or permit it to be operated within the boundaries of the City without first obtaining a business licence from the Inspector. Bylaw No. 7742, 2015 2. If the Inspector refuses to issue such licence the applicant may appeal to Council in accordance with the Community Charter. Bylaw No. 7742, 2015 3. Notwithstanding Section 1 of Part C of this Schedule "A", a person not licensed pursuant to this Bylaw but holding a current and valid taxicab licence from another municipality may pick up passengers within the City, provided that the passengers have made prior arrangements for the pick up and the destination is at all times within the municipality where the owner or operator of the taxicab is originally licensed under the Passenger Transportation Act, S.B.C. 2004, c. 39. 4. No carrier of persons or chattels shall operate or permit to be operated within the boundaries of the City a commercial 8 vehicle without obtaining a licence for that vehicle pursuant to this Bylaw and each licence so granted shall be valid only for the calendar year noted thereon. The licensee shall affix, and keep affixed, the licence to the rear of the commercial vehicle so that the licence is prominently displayed. 5. Subject to Section 9 of this Part of Schedule "A", no carrier of persons or chattels, shall employ, engage or permit any person other than a licensed chauffeur to operate a commercial vehicle. Bylaw No. 7742, 2015 6. Every person applying for a chauffeur's permit shall make application to the Chief constable who may grant or refuse a permit pursuant to Section 36 of the Motor Vehicle Act. 7. Subject to Section 9 of this Part of Schedule "A" no person shall drive, operate or be in charge of any commercial vehicle within the City without first obtaining a chauffeur's permit from the Chief Constable. Bylaw No. 6819, 2003, BYLAW No. 7742, 2015, Bylaw No. 7777, 2016 8. The Chief Constable shall refuse to issue a chauffeur's permit unless he is satisfied that the applicant: is 19 years of age or older; can speak, read and write the English language; possesses a good working knowledge of the City street system including its traffic regulations; and is willing and able to maintain a satisfactory level of service to the public; and has successfully completed training through the Justice Institute of British Columbia TaxiHost Pro Certificate program or equivalent training course as required by this Bylaw. Where the Chief Constable, on proof to his satisfaction, believes that an applicant for a chauffeur's permit is unfit to act as a chauffeur be reason of his use of or dealing in intoxicants or narcotic drugs, by his involvement in criminal activity or for any other reason, he may refuse to issue a permit. 9. A licensee may permit a person without a chauffeur's permit to, and a person without a chauffeur's permit may, operate a Class F - Driver Testing or Training Vehicle while under the supervision of a driving instructor holding a Driving Instruction Certificate issued by the Superintendent of Motor Vehicles. 9 10. Every licensee shall, during the term of the employment or engagement of any driver keep a record of the number and date of the driver's chauffeur's permit, the number to be ascertained by actual inspection of the permit, and shall forthwith report, on request, the number and date to the Chief Constable. 11. Every licensee and driver of any commercial vehicle shall take due care of all property delivered on entrusted to him for conveyance or safe-keeping, and immediately upon the termination of any hiring or engagement shall carefully search his vehicle for any property lost or left therein; and all property and money left in the vehicle shall be forthwith delivered over to the person owning the same or, if unclaimed, or if the owner cannot at once be found, the same shall be delivered to the Chief Constable, with all information in his possession regarding such property. 12. The licensee of a commercial vehicle shall keep the interior and exterior of every regulated vehicle clean and in good repair, and whenever the licensee receives notice, either given to him personally or to his driver, signed by the Inspector, or Chief Constable that the vehicle is not in a fit or proper condition for use, stating briefly the condition complained of, the licensee shall cease to use the vehicle or within the time mentioned in such notice put the same in a fit and proper condition for use satisfactory to the Inspector. 13. A licence issued under this Bylaw shall be deemed to be suspended if the vehicle in respect of which the licence has been issued fails to pass a safety inspection under the provisions of the Motor Vehicle Act and the licence thereof shall remain suspended until the vehicle has been reinspected and approved pursuant to the provisions of that Act. 14. Every licensee shall forthwith upon request submit his vehicle for examination to the Inspector, and no licensee or driver shall prevent or hinder the Inspector from entering the same, or at any time prevent or hinder him from entering the licensee's garage or other building for the purpose of inspecting the vehicle in accordance with this Bylaw. 15. Every driver of a commercial vehicle shall, when called upon to do so, assist any constable in the apprehension of any person, or the conveyance of such person in his vehicle to the common gaol, or to any police station in the City or in the conveyance of any person to a hospital or elsewhere, as 10 may be required or demanded, provided such person is not suffering from a contagious disease; and the driver of any such vehicle shall be entitled to receive, after the performance of such service, the corresponding charge or fare therefor as herein provided, from the City. 16. Where a licence is transferred in any calendar year, a transfer fee of five percent (5%) of the licence fee, with a minimum charge of Two Dollars and Fifty Cents ($2.50) shall be paid to the Inspector and where a second transfer is requested in any calendar year, a new licence shall be issued and the appropriate fee shall be paid therefor. 17. Upon written application accompanied by proof satisfactory to the Inspector that a licence has been lost or destroyed, the Inspector may issue a duplicate licence for one lost or destroyed, upon payment of the sum of Two Dollars and Fifty Cents ($2.50). 18. All application for transfers of licences or replacement of licences shall be made on an application form to be provided for that purpose. Bylaw No. 7777, 2016 19. All applications for a licence or chauffeur's permit shall be made in accordance with the process as described in Schedule "C" of this Bylaw. 20. The granting and continuance of any licence as herein provided shall be conditional upon the strict observance of this and all other Bylaws applicable to the operation of commercial vehicles; and it is hereby made an express condition of the granting of any licence that the licensee shall observe all these Bylaws and non-compliance with any of them shall be deemed to be a breach of the conditions under which this licence was granted. D. Special Conditions - Class "A" Taxis In addition to the Licensing and Permit Conditions set out in Part C above, the operation of Class "A" - Taxis ("taxis") shall be governed by the following regulations: Bylaw No. 6009, 1991; 7225, 2008; 7742, 2015; 7943, 2017; 7976, 2018; 8091, 2019 11 1. The number of taxis which may be licensed under this Bylaw shall not exceed 90 in number. 2. Every taxi licensee shall maintain a place of business in the City or an adjoining municipality at which a taxi business telephone shall be maintained and listed in the telephone directory under the business name, which shall be at all times kept open for the receipt of taxi calls from the general public. 3. Every taxi licensee shall keep the books and records of his taxi business at this place of business as established under Section 2 of this Part of Schedule "A"". 4. Every taxi licensee shall provide complete taxi service including telephone answering and dispatching of not less than twenty-four hours in each of seven days in each calendar week of the licence year. 5. Each taxi licensee shall keep the taxi in a clean, undamaged and mechanically proper condition for use under the Statutes of the Province and Bylaws of the City. 6. The licensee or driver of a taxi displaying advertising material thereon shall so place such advertising material that it will not obscure the vision of the operator thereof nor otherwise constitute a traffic hazard. 7. A driver may, at the request of a passenger, operate a taxi on a time or mileage basis at and for rates and charge specifically provided in this Bylaw in respect to time rates or fares for such vehicle. 8. The taxi licensee and driver of every taxi shall display therein a tariff card of the rates and charges for taxis as authorized by this Bylaw. Such tariff card shall be kept and displayed so as to face the passenger and in a place designated by the Inspector. No person shall remove such tariff card or mutilate, deface or otherwise dispose of the same. 9. Each taxi licensee shall equip all his taxis with a two-way radio capable of receiving and acknowledging calls for customer service. The taxi licensee shall maintain the two- way radios in good working order. 10. TAXIMETERS 12 (1) No person shall drive or operate or engage in the business of operating a taxi unless such taxi is equipped with a taximeter, which complies in every respect with the requirements hereinafter set out, is of a type approved by the Inspector and has been inspected and sealed in a manner satisfactory to the Inspector. (2) All taximeters shall mechanically or electronically register the distance and corresponding rate or charge thereof while under hire, and shall be kept in a condition ensuring accuracy and continuous registration during hire, and shall be so installed as to be automatically operated when the taxi is in motion as well as when such vehicle is standing under hire. (3) No person shall use or permit to be used in any taxi a taximeter which shall register more than two percent (2%) incorrectly. (4) Every taxi licensee shall ensure that the taximeter in each taxi is: (a) forthwith upon request submitted to the Chief Constable for testing inspection; (b) no taximeter shall be used on any taxi until the same has been inspected and tested by the Chief Constable in such manner as he may deem advisable, and until the same has been certified as accurate; (c) adequately illuminated at all times when in use between dusk and dawn; (d) installed and placed at the right side of the driver and in such position that the fare to be paid by the passenger may be easily read from the rear seat, and shall be so placed in the cab that the signal device, indicating whether or not the meter is registering shall be in plain view both from within and without the taxi; (e) adjusted in accordance with the mileage rates or fares herein enumerated and specified in this Bylaw; 13 (f) tested every six months by running the vehicle to which it is attached over a measured track or distance; (g) used only when the seal thereon is intact; and (h) kept in good working condition at all times, and not used when defective in any way. 11. SIGNAL DEVICE (1) No driver of a taxi, while carrying passengers or under engagement, shall display the signal device or any sign at such position as to denote that such cab is not engaged; or to display the signal lever or any sign at such position as to denote that such cab is engaged, when such vehicle is not actually engaged. (2) The driver of every taxi shall place the signal device of the taximeter in the recording position immediately on the commencement of a trip with a passenger, and at the termination of such trip shall place the signal lever in the non-recording position and shall call the attention of the passenger to the amount of the fare registered on the meter. (3) This section shall not apply when a taxi is being operated on a time or mileage basis. 12. SERVICE (1) Every licensee and driver of a taxi shall accommodate the persons who desire his service in the order of their application, and if a taxi is not available to give the desired service within a reasonable time, then the applicant shall be informed. (2) No licensee or driver of a taxi shall refuse or neglect to convey any orderly person or persons upon request in the City unless previously engaged or unable or prohibited by the provisions of this Bylaw. (3) No driver of a taxi shall convey any person or persons other than the persons first engaging the taxi. The carrying of passengers for separate fares is prohibited. 13. FARES 14 (1) No taxi licensee or driver shall charge any fare other than one calculated in accordance with Schedule "B". (2) No licensee shall publish or use or permit to be published or used any rates or fares other than those authorized hereunder respectively, whether such rates or fare are determined by taximeter or by time or mileage basis. (3) No licensee or driver, either directly or indirectly, shall carry or permit to be carried free any passenger, or honor or permit to be honored any free ticket or free pass, except for the officers, agents or employees of the licensee, or a police officer of the City on duty for charitable purposes. 14. APPOINTMENT, MAINTENANCE AND OPERATION OF TAXIS (1) The taxi licensee of any taxi shall: (a) not equip the taxi or permit it to be equipped with blinds or other devices so as to prevent unrestricted vision through all windows; (b) equip the taxi with an interior light sufficient to illuminate the entire passenger compartment; and such light shall, at all times, be maintained in proper working order; (c) paint or have permanently affixed on either the rear of front door on each side of such taxi a business name which shall include the word "Taxi" or "Cab", and such names shall be printed in lettering not less than two inches high and shall be kept clear, clean and distinguishable at all times. In addition, an illuminated sign, complying in all respect with the Regulations made pursuant to the Motor Vehicle Act, bearing the work "Taxi" or "Cab", shall be placed in the front of the taxi, either on the outside above the windshield, or inside behind the windshield in a position satisfactory to the Inspector. Such sign shall be illuminated when the taxi is available for hire; 15 (d) not use any trade name unless such trade name shall first have been approved by and recorded with the Inspector; (e) immediately provide for the proper disinfection of such taxi after it has, to his knowledge, conveyed any person suffering from any contagious or infectious disease; (f) prominently post the fleet number of each taxi inside the vehicle; and (g) paint the fleet number of each taxi on both sides and the rear of the vehicle. (2) Every driver of any taxi shall: (a) both in dress and deportment give no cause for offense; Bylaw No. 7742, 2015 (b) remain within twenty-five feet of his taxi when the same is in a Taxi Zone; Bylaw No. 7742, 2015 (c) keep the doors of such taxi closed when the same is in a Taxi Zone waiting for passengers; (d) display his chauffeur's permit prominently to any person in a passenger position in his vehicle, and produce the chauffeur's permit for inspection at any time upon request of the Inspector or a police officer; (e) not carry a greater number of passengers than the number of passengers such vehicle is designed to seat; (f) not load, carry or transport any baggage on the outside of any taxi, except in property constructed racks for that purpose; (g) not seek employment by driving his taxi to and from upon any street, or by interfering with the proper and orderly access to or egress from or by cruising or hovering in front of, any theatre, hall, hotel, public resort, railway or 16 ferry station, or other place of public gathering; provided however, that the driver of a taxi may accept passengers at any place of public gathering so long as his taxi is lawfully parked in the vicinity of the place or building where such public gathering is taking place; and (h) proceed by the most direct travelled route to the point of destination, unless otherwise directed by the passenger. (3) No taxi licensee and no driver of a taxi shall: (a) employ or allow any runner or other person to assist or act in concert with him on any street in soliciting any person, and no person shall assist or act in concert with the licensee or driver of any taxi on any street in soliciting any person; (b) use or publish, or permit to be used or published, in connection with his business or premises, any advertising matter or sign indicating, implying or suggesting that he imposes fare or charges lower than the tariff or fares and charges which licenses or drivers of taxis are entitled to receive or charge under the provisions of this Bylaw; and (c) be required to convey a person suffering from any infectious or contagious disease until he has been paid a sum sufficient to cover any loss or expenses that may be incurred by him in carrying into effect the provisions of this Bylaw. 15. DAILY RECORDS (1) Every driver of a taxi shall keep a daily record of all trips made by him. The record must contain the following information: (a) the date, time, origin and destination of each trip; (b) the driver's name and address; 17 (c) the Provincial licence number of the taxi; and (d) the odometer reading at the start and finish of the driver's shift. (2) The driver shall deposit the record with the taxi licensee at the end of his shift or as soon as possible thereafter. (3) The taxi licensee shall check the driver's daily trip records and shall require that each trip be properly recorded and legible before accepting it from the driver. (4) The records referred to in subsection (1) and (2) shall be kept by the taxi licensee for a period of at least six months, and during that time shall be produced for inspection at any time on demand by the Chief Constable or the Inspector. 16. INSPECTION In addition to the other inspection requirements of this Bylaw, where any taxi licensee disposes of his taxi and acquires another taxi, he shall submit the latter vehicle to the Inspector for approval in conformity with the provisions of this Bylaw before using such vehicle for the purpose of his business. 17. NOTICES (1) Every taxi licensee shall notify the Chief Constable in writing within two days after the commencement of ceasing of his employment of any person to drive such taxi giving the name and present address of such person and in the case of cessation of employment, the reason for such cessation. (2) Every taxi licensee shall, upon changing his address, notify the Inspector thereof within two days, giving his new address and such other particulars as the Inspector may require. Every person holding a chauffeur's permit issued by the Chief Constable shall, upon changing his home address, notify the Chief Constable thereof within two days, giving his new address and such other particulars as the Chief Constable may require. 18 Bylaw No. 6819, 2003 Bylaw No. 7742, 2015 - Section 18 deleted E. Special Conditions -Class "F" -Driver Testing Training Vehicles In addition to the Licensing and permit Conditions set out in Part C above, the operation of Class "F" - Driver Testing Training Vehicles shall be governed by the following regulations: 1. The licensee of any driver testing or training vehicle shall: (a) ensure that the vehicle is equipped with equipment in order that the instructor in charge of the vehicle may at any time assume control over said vehicle; (b) ensure that the vehicle, while in use, is plainly marked with a sign on the rear thereof bearing the warning: "Caution -Student Driver"; (c) ensure that the vehicle, while in use, be under the supervision of a driving instructor holding a Driving Instruction Certificate issued by the Superintendent of Motor Vehicles; (d) ensure that the vehicle, while in use, be occupied only be the instructor and a maximum of two pupils; (e) ensure that the vehicle conforms to the requirements as to mechanical fitness in all respect imposed by this Bylaw with respect to the vehicle and to the requirement of the Inspector as to the suitability of the control and other operational equipment required for the purpose of giving driving instruction; 2. No person shall operator or engage in the business of teaching or instructing in the driving of a motor vehicle unless the vehicles used for testing or training conform with the requirements of Section 1. F. Special Conditions - Class "L" Handicapped Persons Transportation Vehicles In addition to the Licensing and Permit Conditions set out in Part C above, the operation of Class "L" - Handicapped Persons Transportation Vehicles shall be governed by the following regulation: 19 1. Every licensee of a Class "L" Handicapped Persons Transportation Vehicle shall equip the vehicle with a hydraulic lift or ramp for the loading and unloading of persons confined to wheelchairs and shall maintain the same in good working order. G. Special Conditions - Class "P" Pedicabs In addition to the Licensing and Permit conditions set out in Part C above, the operation of Class "P" Pedicabs shall be governed by the following regulations: 1. The number of pedicabs with respect to which persons may be licensed under this Bylaw shall not exceed 10 in number. 2. No pedicabs licensee shall permit, directly or indirectly, any pedicel to be operated and no driver shall operator a pedicab except: (a) on streets approved by the City Engineer; and (b) between May 1 and October 31 of each year from 9:30 a.m. to 2:00 a.m. each day. 3. The City Engineer may from time to time designate streets for use by pedicabs. 4. Every pedicab licensee shall equip each pedicab with the following equipment which he shall, at all times, maintain in working order: (a) heavy duty front and rear brakes; (b) front head lights and rear tail lights; (c) turn signal lights; (d) reflectors on wheels and carriages; (e) standard bell or horn; (f) rear mud flaps or similar protection; (g) first aid kit; (h) repair kit; 20 (i) rear bumper protection; and (j) two meter safety flag. 5. No driver of a pedicab shall: (a) stop to on or off load passengers in any location which would disrupt the flow of traffic; (b) park in any restricted zones identified for other vehicles; or (c) park at a metered space without first paying the applicable parking meter rate. 6. Every pedicab licensee shall obtain and maintain a comprehensive public liability and property damage insurance policy in the amount of at least $1,000,000.00, with an insurer authorized to carry on business in the Province. The pedicab licensee shall deliver a copy of the certificate of insurance for the preceding policy to the Inspector and shall deliver a new certificate whenever the policy is changed or renewed. 21 Bylaw No. 7641, 2013, Bylaw No. 7777, 2016 Schedule "B" Commercial Vehicle Bylaw No. 5789, 1988 Bylaw No. 5958, 1990 The maximum and minimum charges to be made by Class "A" Taxi Carriers are as follows: 1. Point to Point on Meter: Bylaw No. 7742, 2015 Those fares or charges as set out in the tariff fares approved by the Passenger Transportation Board. 2. Time: Bylaw No. 7742, 2015 Those fares or charges as set out in the tariff fares approved by the Passenger Transportation Board. 3. Dismissal Fee: Bylaw No. 7742, 2015 Those fares or charges as set out in the tariff fares approved by the Passenger Transportation Board. 22 Bylaw No. 7777, 2016 Schedule "C" Commercial Vehicle Bylaw No. 5789, 1988 Application Procedures All applicants must complete: (a) New Westminster Police Department Chauffeur's Permit Application form; and (b) RCMP Form 1 (Criminal Records - consent for check for a sexual offence for which a pardon has been granted or issued). Applicants that have existing permits in the City and wish to renew their permits must apply at least three (3) months prior to the expiry of their permits. Applicants must provide the following documentation with their completed application at the time of submission: (a) Two (2) passport size (2" x 2 ¾") photos; (b) letter from taxi company confirming employment; (c) photocopy of valid driver's licence; (d) photocopy of Taxi Host Certificate; (e) Original chauffeur's permit, if renewing; and (f) Completed window envelope with applicant's name and phone number. The applicant will submit the completed application in person to the New Westminster Police Department reception staff. 23