TOC By-Law No. 2093 Vehicles for Hire By-Law

Carman, Manitoba

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Town of Carman By-Law No. 2093 1 A Bylaw of the Town of Carman to provide for the regulation of Vehicles for Hire in the Town of Carman Whereas Bill 30 of the 2nd session of the 41st Legislature of the Province of Manitoba. The Local Vehicles of Hire Act, C.C.S.M. c. L195, has been enacted and will come into force on the 28th of February 2018; AND WHEREAS The Local Vehicles for hire act dissolves the Taxicab Board and requires that the Town of Carman must make by-laws for the purpose of regulating the vehicles for hire industry. AND WHEREAS Section 232(1)(n) of the Municipal act provides for jurisdiction of the Town of Carman to make by-laws in respect of Businesses, business activities, and persons engaged in business; NOW THEREFORE The Town of Carman, in Council assembled, enacts as follows: Short title 1.This by-law may be cited as the Vehicle for Hire By-Law Categories for regulation 2(1) This By-Law regulates (a) Vehicles for Hire (Application - Schedule G) (b) Drivers of Vehicles for Hire (Application - Schedule F) 2(2) Vehicles for Hire are divided into the following categories (a) Taxi, consisting of standard and accessible taxi's (b) Limousines (c) Personal Transportation Provider (PTP) consisting of standard and accessible PTP Definitions 3(1) in this By-Law Accessible in respect of a vehicle, means a vehicle (a) Constructed and equipped to permit loading, transportation and off-loading of individuals confined to a wheelchair, or similar device used to assist disabled persons, without transfer, and (b) Driven by an individual who is physically capable of providing, and trained to provide in compliance with the requirements of this By-Law, transportation services to an individual confined to a wheelchair, or similar device used to assist disabled persons, without transfer; Accessible drivers licence means licence issued under this by-law which authorises an individual to operate and provide, or offer to provide, transportation services by way of an accessible vehicle; Charges in relation to a relevant criminal offence or a major driving offence means the initiation of law enforcement proceedings (a) In the case of an enactment of the Parliament of Canada, by way of an information laid by a peace officer before, and received by, a justice; or (b) In the case of an offence under an enactment of Manitoba, a proceeding under The Provincial Offences Act, C.C.S.M. c. P160 by information or ticket; Child abuse registry check means a report about a person's listing in the child abuse registry established and maintained under the Child and Family Services Act, C.C.S.M. c. C80; Criminal Record Check means a report about a person obtained from a law enforcement agency stating whether the person has been convicted under an enactment of the Parliament of Canada of an offence Town of Carman By-Law No. 2093 2 in respect of which a record of the persons fingerprints is maintained under the identification of criminals, R.S.C. 1985, c. I-1, or has any outstanding charges for such offences awaiting court disposition, and includes a Vulnerable Persons Sector Search; Endorsed drivers licence means, a drives licence issued under this by-law held by an individual that allows up to a maximum of 3 other individuals to drive a vehicle for hire under the endorse licence for short term or one-off instances. Limousine means a vehicle determined by the CAO or designate to qualify as a luxury or specialized vehicle that provides transportation services; Major Driving Offence means an offence set out in subsection 125(6) of the drivers and vehicles act, C.C.S.M. c. D104; PTP Vehicle means a vehicle that is not a taxi or a limousine; Taxi means a vehicle for hire in respect of which a standard or accessible taxi licence had been issued; General Provisions 4(1) A person must not provide, or offer to provide, transportation services except in compliance with this by-law; 4(2) The owner of a vehicle must not allow it to be used, or to be offered to be used, to provide transportation services except in compliance with this by-law; 4(3) Payment of applicable fees as listed in Schedule E; 4(4) Provision of a licence under this By-Law entitles operation of service within Carman. Exceptions 5(1) Only the specifically named exceptions in Schedule A, are excluded from all the provisions in this by-law; Vehicles for Hire 6(1) All classes of Vehicles for Hire must have a (a) Valid registration and insurance (b) Undergo an annual inspection and been issued inspection certificates applicable to that vehicle under the drivers and vehicles act C.C.S.M. c. D104. Inspection within 30 days of issuing licence or annual renewal. (c) Continually be maintained in good condition (i.e. no evidence of accidents, leaks etc.) (d) PTP category of vehicle for hire can only be owner operators (e) A licence issued under this by-law, that must be always displayed visible to the passengers who hired the vehicle (f) Must not operate more than 5 out of 7 days under a part time licence (g) Must install winter tires in accordance with MPI guide licensees/regulations. Drivers of Vehicles for Hire 7(1) Drivers Licence (a) All drivers of any category of a vehicle for hire must have a valid full stage class 5 drivers' licence. Town of Carman By-Law No. 2093 3 (b) A licence issued under this by-law, that must be always displayed visible to passengers who hired the vehicle. (c) Driver has not been convicted within the previous 10 years of a relevant criminal offence unless a record suspension (pardon) has been issued in respect of that offence. (d) Driver has not been convicted within the previous 10 years of a major driving offence. (e) Driver has not been registered on the child abuse registry. (f) Driver must demonstrate a verbal English level proficiency. (g) Driver must undertake the relevant training if wishing to be endorsed with an accessible licence. 7(2) A driver must give immediate notification to the Town of Carman at anytime during the year if the eligibility to hold a driver's licence under this by-law changes. 7(3) An individual must not drive a vehicle for hire unless she or he holds a valid minimum Class 5 drivers' licence under this by-law. 7(4) Endorsed Drivers Licence (a) A maximum of two endorsed driver's licences can be issued under this by-law. (b) Eligible only to individuals who has two or more Vehicles for Hire registered under their personal or company name. (c) The holder of the endorsed driver's licence is responsible for the conduct of the individual driving under this licence. (d) Any penalties of the driver are the responsibility of the holder of the endorsed driving licence. (e) Maximum of three individuals in addition to the endorsed driving licence holds at any one time. Specific regulations of vehicle for hire categories 8(1) Taxi (a) A Taxi is the only category of a Vehicle for Hire that can be hailed. (b) Can be hired from identified taxi ranks. (c) Payment via cash, provision of debit and credit optional. (d) A taxi driver can only reject a customer (fare) or terminate the ride for reason of safety or suspect damage to property. (e) Customer (fare) can reject a taxi without reason. (f) Displayed in view of each passenger a. Current Fare Schedule b. The process by which a complaint can be made c. The process by which property left behind by a passenger can be returned. (g) Installed a certified meter which measured time, distance, or both. (h) A light on the exterior of the vehicle that turns off when the meter is operating. (i) A taxi licence is held in perpetuity providing the fees are maintained and can be sold or transferred at the taxi holder licence discretion. (j) Drivers must take the most economical route to the passenger's destination unless otherwise directed by the passenger and provide reasonable assistance to any passenger as requested or required in, he circumstances. (k) Must not charge fares other than in accordance with the Fare Schedule C. 8(2) Limousine (a) A limousine can not be hailed. (b) A limousine can be hired from an identified taxi rank. (c) Payment via cash, provision of debit and credit optional. (d) A limousine can reject a customer (fare). Town of Carman By-Law No. 2093 4 (e) A limousine must indicate upfront pricing. 8(3) PTP (a) A PTP can not be hailed. (b) A PTP can not be picked up from taxi ranks. (c) A PTP driver can reject customer (fare). (d) A PTP can only be ordered and paid for via an app a. App must provide driver's name b. App must provide Photo of Driver c. App must provide photo of car d. App must provide previous customer ratings of driver and vehicle e. App must indicate upfront pricing for journey f. App must provide for the payment platform g. App must provide customer to reject driver provided and next driver available automatically provided h. App to provide customer the ability to specifically request driver that is on duty. Numbers of Vehicles for hire 9(1) The number of taxi licences issued will be set by the Town of Carman from time to time via a formula and identified in Schedule B. 9(2) No limit on the number of PTP or limousines licences issued. 9(3) If the number of vehicles for hire are reduced, a licence will not be removed, rather no new licences will be issued until the quota is met. 9(4) An increase in the number of Taxi licences, the Town of Carman will initially auction the additional licences and sell to the highest bidder. Transitional arrangements 10(1) A taxi licence issued under the taxicab act, will automatically transition to a taxi licence under this by-law upon payment of prescribed fees. Enforcement of By-Law provisions (Penalties) 11(1) in accordance with the By-law Enforcement Act By-law of the Town of Carman, contained in Schedule D of this by-law are penalties for contravention of this by-law, and so scheduled in the By-Law Enforcement Act By-Law. Vehicle for Hire Commission/Council 12(1) The elected members of the Town of Carman form the Council when required will convene as the Council, to review any applications submitted. 12(2) Any decision made by the Council in relation to the Vehicle for Hire By-Law may be appealed to the Council. See Schedule H. 12(3) The Council can rule on any point by applying the By-Law. 12(5) If because of an appeal the Council believes that the By-Law needs amendments, the Council may make such changes. Town of Carman By-Law No. 2093 5 12(6) The Council may defer a decision, suspend a hearing until a later date to allow further evidence to be gathered. 12(7) Once the Council has made its decision it is final, and no appeal may be taken in respect of that decision. THAT By-Law No. 23/2063 be repealed. DONE AND PASSED as a by-law of the Town of Carman, in the Province of Manitoba, this 2nd day of December, 2025. TOWN OF CARMAN Brent Owen, Mayor Susan Stein, Chief Administrative Officer Read a first time this 21st day of November 2025 Read a second time this 2nd day of December 2025 Read a third time this 2nd day of December 2025 Town of Carman By-Law No. 2093 6 Schedule A Exemptions The following are exempt from the Vehicle for Hire By-Law 1. Boyne Lodge Handi van 2. Carman Handi van Town of Carman By-Law No. 2093 7 Schedule B Number of Taxi Licences Issued Formula for numbers of Vehicles for Hire Category Limousine - unlimited PTP - Unlimited Taxi - unlimited Town of Carman By-Law No. 2093 8 Schedule C Fare Schedule Vehicles for Hire Maximum Fare Schedule - Taxi Vehicles This maximum fare schedule sets out the maximum fare rates to be charged by taxi vehicles. The meter on a taxi vehicle must always be on when transportation service is being delivered. Limousine and PTP vehicle rates are not regulated but must be posted and agreed to in advance. Category Basic Charge Each Additional Each minute Stop of waiting time Curb to Curb Service Taxicabs (Standard & Accessible) $9.00 $3.00 $0.50 Van $10.00 $3.00 $0.50 Handi Van $15.00 $5.00 $2.30-$2.50/km Ride Share - Winkler - Morden - Carman Up to 5 people $16.00 per trip Flat Rate Fares (4 persons) From Carman - $2.30 per km maximum To $170 Altona $240 Emerson $425 Brandon $80 Boundary Trails Hospital $145 Darlingford $188 La Riviere $164 Manitou $73 Miami $98 Morden $140 Morris $160 Portage la Prairie $119 Plum Coulee $45 Roland $93 Winkler $45 Thornhill $93 Winkler $195 Winnipeg Other charges - Cleaning Fee $50.00 Town of Carman By-Law No. 2093 9 Schedule D Penalties Vehicle for Hire By-law Administrative Penalty Provision Contravention Penalty ($) s.4(1) Provide transportation services without a license 500 s.4(2) Vehicle not licenced and used for transportation services 1,000 s.6(1) (a) Insurances and or registration not valid 1,000 s.6(1) (b) Failure to undergo prescribed inspection 1,000 s.6(1) (c) Failure to maintain in good condition 500 s.6(1) (d) Other than owner of vehicle operating PTP vehicle 1,000 s.6(1) (e) Failure to display By-Law License appropriately 500 s.6(1) (f) Operating a part time vehicle license in excess 5/7 1,000 s.6(1) (g) Failure to install winter tires 1,000 s.7(1) (a) Failure of having correct drivers license 500 s.7(2) Failure to notify Town of Carman of ineligibility to hold licence 1,000 s.7(3) Individual driving a Vehicle for Hire without appropriate licenses 500 s.7(4) (e) More that allowed number of drivers operating 500 s.8(1) (c) Failure to provide all forms of payment 500 s.8(1) (f) a Failure to display current fare schedule 500 s.8(1) (f) b Failure to display complaint process 500 s.8(1) (f) c Failure to display process to claim property left in taxi 500 s.8(1) (g) Failure to have a certified meter in accordance with By-Law 1,000 s.8(1) (h) External light inoperable in accordance with By-Law 500 s.8(1) (j) Failure to take the most economical route 1,000 s.8(1) (k) Charging more that the schedule fare allows 1,000 s.8(2) (a) Limousine accepting a fare from being hailed 500 s.8(2) (c) Failure to provide all forms of payment 500 s.8(2)(e) Failure to provide upfront pricing 500 s.8(3) (a) PTP accepting fare from being hailed 500 s.8(3) (b) PTP accepting fare from taxi ranks 500 s.8(3) (d) Failure to comply with App conditions of hire 500 Town of Carman By-Law No. 2093 10 Schedule E Vehicle for Hire Fees Note Frequency 2022 Endorsed Drivers Licence Fees Annual $ 90.00 Drivers Licence Fee Annual $ 50.00 Vehicle Licence Fee (full time) 1 Annual $200.00 (Part time) 2 Annual $ 90.00 Other fees Vehicle License Transfer fee $200.00 Late Payment fee - Vehicle License $300.00 Late Payment fee - Driving License $ 40.00 Notes 1 - Vehicles to be used 24/7 every day of the year 2 - Vehicle must be used less than 5/7 every day of the year, owner must stipulate the hours of operation which will become a license condition on that vehicle. Town of Carman By-Law No. 2093 11 Schedule F TOWN OF CARMAN DRIVER'S OF VEHICLE FOR HIRE LICENCE APPLICATION Driver Type Taxi Driver Accessible Standard Limousine Driver Personal Transportation Provider Accessible Standard Applicant Information Name (Last Name) First Name Middle Name Date of Birth(dd/mm/yy) Home Address City Postal Code Phone Home Cell Email Driver's License# Classification 1 2 3 4 5 Legally Entitled to Work in Canada? Yes No Required Documentation All applicants must provide copies of the following documents with the completed application form: All Drivers A valid Provincial Driver's License (applicable to the use of the vehicle being driven); Criminal Record Check with Vulnerable Sector Screening (VSS) indicating the applicant has not been convicted within the previous 10 years of a relevant criminal offence unless a record suspension (pardon) has been issued in respect of that offence; Documentation indicating the applicant has not been convicted within the previous 10 years of a major driving offence; Child Abuse Registry Check indicating the applicant is not registered on the Child Abuse Registry; Document satisfactory to the town indicating that the individual has provided consent; a) For the town to have access to his or her personal information maintained by Manitoba Public Insurance, the RCMP, and the body responsible for maintaining the Child Abuse Registry for the purposes of administering and enforcing this By-law; and Proof that the applicant has completed the required training and that the applicant has the skills and knowledge reasonably considered necessary to provide the services exclusive to Vehicle for Hire drivers. Accessible Taxis & Personal Transportation Providers In addition to the required documents above, copies of the following documents are required for applications for drivers of accessible vehicles: Documentation indicating that the applicant has completed the required training with respect to transportation service for individuals who use a wheelchair, or similar device which can accommodate a seated individual, and who cannot self- transfer; or Documentation indicating the applicant demonstrates the skills and knowledge reasonably considered to be necessary to provide services to individuals who use a wheelchair, or similar device which can accommodate a seated individual, and who cannot self-transfer. Town of Carman By-Law No. 2093 12 Consent for Collection and Use of Personal Information I understand that by signing below, I am providing the Town of Carman with my explicit consent to collect, use and disclose the personal information provided within this application, and the information provided by third parties as described below, for the purposes of determining initial eligibility for a taxi driver's license and to monitor my ongoing eligibility to operate under this by-law. I hereby authorize Manitoba Public Insurance to disclose to the Town of Carman all licence, accident, registration, and vehicle information necessary for the above purposes until such time as I notify Manitoba Public Insurance, in writing, to revoke this authorization. I hereby authorize the Province of Manitoba to disclose to the Town of Carman my Child Abuse Registry Check results as necessary for the above purposes until such time as I notify the Province of Manitoba, in writing, to revoke this authorization. I hereby authorize all law enforcement agencies (including RCMP) to disclose to the Town of Carman my Criminal Records Check with Vulnerable Sector Screening (VSS), and other information, as required for the above purposes until such time as I notify, in writing, applicable law enforcement agencies. Any personal information collected or obtained through third parties is done so under the authority of The Freedom of Information and Protection of Privacy Act (FIPPA) and the Vehicles for Hire By-Law and is protected by the Protection of Privacy provisions of FIPPA. This information will be used for the purposes stated above,M and will not be used or disclosed for any other purposes, except as authorized by the law. If you have any questions about the collection of this information, contact the CAO at 204-822-4434. Applicant Signature Date Office Use Only Approved by Payment Method License # Name: Signature: Town of Carman By-Law No. 2093 13 (Town of Carman - for office use only) Driver interviewed: Yes, No Date ___________________ Driver Recommended Driver Not recommended _________ Remarks _____________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _______________________________ Date CAO or Designated Officer LICENSE SECTION Approved _______________________ Not Approved ________________________ Receipt Number Driver's Permit No. _____________________ Date License Inspector This personal information is being collected under the authority of Town of Carman By-law No. 22/2058 and will be used for issuance of Taxicab Driver's permits. It is protected by the Protection of Privacy provisions of The Freedom of Information and Protection of Privacy Act. If you have any questions about the collection, contact the CAO, Town of Carman, 12-2nd Ave SW, Carman, 204-745-2443. Town of Carman By-Law No. 2093 14 Schedule G TOWN OF CARMAN VEHICLE FOR HIRE LICENSE APPLICATION Application Information Name Last Name First Name Middle Name Home Address City Postal Code Phone Home Cell Email Driver's Licence # Owners Date of Birth Owner's S.I.N. Vehicle Information Standard Accessible License Plate# Make Model Year Seating Capacity Colour VIN# Date of Safety Inspection Are you the registered owner? Yes No Equipment Check the box next to all equipment that has been equipped in the vehicle Driver Safety Shield Operating In-Vehicle Camera Global Positioning Emergency Strobe Light System Certified Meter Exterior Light (indicates when meter is in operation Full Time Vehicle (Operates more than 5 of 7 days a week) Part Time Vehicle (Operates less than 5 days a week) Business Information Operating Name: Address City Postal Code Contact Phone Fax Email Address Town of Carman By-law 22/2058 NOTE: A business license will authorize you to conduct business in the Town of Carman only and Provincial or Federal Licenses may also be required. Separate regulations may apply to the location of business within the Town of Carman. I have been provided a copy of the Town of Carman Vehicle for Hire By-law and acknowledge that it may be amended from time to time. Required Documentation All applicants must provide copies of the following documents with the completed application form: All Taxis Safety inspection certificates applicable to the vehicle under The Drivers and Vehicles Act, C.C.S.M. c. D104, within 30 days prior to the application for registration; Inspection certificates applicable to the taxi meter and video camera installed in the vehicle; Proof of Ownership (if the applicant is the owner) or a letterhead from the owner stating the applicant can purchase the permit on behalf of the owner Manitoba Public Insurance registration and insurance documents indicating the vehicle is insured as a vehicle for hire. Accessible Taxis In addition to the required documents above, copies of the following documents are required: Evidence that the vehicle is constructed and equipped to permit the loading, transportation and off-loading of individuals who use a wheelchair, or similar device which can accommodate a seated individual, and who cannot self-transfer. Corporation (if applicable) In addition to the documents required above, a corporation must provide the following: A copy of its incorporating documents; A certificate of Status issued by the Companies Office; A list of the members of its board of directors; Partnership (if applicable) In addition to the documents required above, a partnership must provide the following: The names and addresses of each member of the partnership; The business name under which it operates and proof of the registration of its business name; Consent for Collection and Use of Personal Information I understand that by signing below, I am providing the Town of Carman with my explicit consent to collect, use and disclose the personal information provided within this application, and the information provided by third parties as described below, for the purposes of determining initial eligibility for a Vehicle for Hire Licence to monitor my ongoing eligibility to operate under this by-law. I hereby authorize Manitoba Public Insurance to disclose to the Town of Carman all licence, accident, registration, and vehicle information necessary for the above purposes until such time as I notify Manitoba Public Insurance, in writing, to revoke this authorization. Any personal information collected or obtained through third parties is done so under the authority of The Freedom of Information and Protection of Privacy Act (FIPPA) and the Vehicles for Hire By-Law and is protected by the Protection of Privacy provisions of FIPPA. This information will be used for the purposes stated above and will not be used or disclosed for any other purposes, except as authorized by law. If you have any questions about the collection of this information, contact the CAO at 204-745-2443. Applicant Signature Date Approved by Payment Method License # Name: Signature: Office Use Only Town of Carman By-Law No. 2093 16 Schedule H IN THE MATTER of the Vehicle for Hire By-law No. 2093 of The Town of Carman. NOTICE OF APPEAL TO: CAO Town of Carman Box 160 Carman MB R0G 0J0 PLEASE TAKE NOTICE that I wish to appeal to the Council the action of the Administration to: refuse to issue or renew/suspend or cancel a Business License Certificate, a Vehicle for Hire Licence, or a Vehicle for Hire Driver Licence on the day of A.D. 20 My reasons for appealing are: Dated at Carman, Manitoba this day of A.D. 20 . _________________________________________ Signature of Appellant _________________________________________ Name of Appellant (please print) __________________________________________ Address