This is the exact embedded text of the captured official document.
Snapshot e074c5d40a2f · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY-LAW #2005- 27
BEING A BY-LAW TO LICENCE REGULATE
AND GOVERN TAXICAB OWNERS, BROKERS
AND DRIVERS.
WHEREAS section !50 and !55 of the Municipal Act, .S.O., 2001 (as
amended) enables a municipal Council to enact by-laws for licensing, regulating and
governing cab owners, brokers and drivers;
AND WHEREAS Council deems it advisable, having regard among other
matters to the health and safety of the public, the protection of consumers, and the potential
for public nuisance, to enact a by-law to licence and regulate taxicabs;
NOW THEREFORE the Municipal Council of the Corporation of the Town
of East Gwillimbury enacts as follows:
PART I
DEFINITIONS
For the purpose of this By-law:
I.
"Appeal Committee" means a Committee of Council duly appointed to
conduct hearings under this by-law;
2.
"Accessible Taxicab" means a motor vehicle that is used or desi~o,>ned for use
as a taxicab in relation to the transportation of physically, emotionally or
mentally handicapped persons;
3.
"Applicant" means a person applying for a licence pursuant to this By-Law;
4.
"Broker" means a person who receives or dispatches calls in any manner for
taxicabs that are licenced under this by-law;
5.
"Cab" means a taxicab;
6.
"Corporation" means the Corporation of the Town of East Gwillimbury;
7.
"Council" means the Council for the Corporation of the Town of East
Gwillimbury;
8.
"Dispatch" means the communication in any manner to a driver of an offer to
hire or engage a taxicab;
9.
"Driver" means a person who drives a taxicab;
I 0.
"Fare" means the amount displayed on the taxicab meter at the conclusion of
a trip, or the flat rate allowed pursuant to this by-law for the trip, together
with any additional charges allowed pursuant to this by-law;
II.
"Licence" means authorization under this by-law to carry on the trade,
business or activity specified therein ;"licence" shall include the licence of
an owner, a broker and a driver;
12.
"Licenced" means licenced under this By-Law and not in breach of the
provisions hereof;
13.
"Licence Certificate" means the document issued by the Licensing Officer
evidencing the authorization under this by-law to carry on the trade or
business specified therein;
14.
"Licensing Officer" means the Licensing Officer of the Corporation together
with such persons as may be designated by the Clerk to administer and
enforce this By-law;
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
PART II
"Owner" means a person who is the registered owner of a taxicab; however,
in circumstances where a person has entered into a "lease to own"
agreement with a registered owner who is not in possession or control of a
taxicab, "owner" shall mean the party to that agreement who is in
possession or control of the taxicab;
"Passenger" means any person other than the Driver who is seated or
otherwise situated within a taxicab or accessible taxicab;
"Person" includes a natural individual and their heirs, executors,
administrators or other legally appointed representatives, a corporation,
partnership or other form of business association;
"Priority List" means a list of applicants for a taxicab owner's licence
maintained by the Licensing Officer in accordance with the provisions of this
by-law;
"Provincial Offences Officer" means a person appointed as such by Council
pursuant to the authority of the Provincial Offences Act (as amended) and
"Provincial Offences Officer" shall include a police officer.
"Tariff Card" means the notice of permitted fares as set forth in this By-law,
issued by the Licensing Officer;
"Taxicab" means a motor vehicle that is designed or customarily used for the
transportation of passengers, where such motor vehicle is offered or made
available for hire together with a driver for the conveyance of passengers or
goods, but "taxicab" does not include a livery cab, limousine cab or a bus as
defined in the Highway Traffic Act (as amended);
"Taxicab Meter" means a measuring device used in a taxicab or accessible
taxicab to calculate the fare payable for a trip;
"Taxicab Stand" means an area used by a taxicab while waiting for or
picking up of goods or passengers;
"Town" means the geographic limits of the Town of East Gwillimbury;
"Town Clerk" shall mean the Clerk of the Town of East Gwillimbury or
his/her designate;
"Trip" means the distance and time travelled or estimated to be travelled,
measured from the time and location where the passenger or goods entered
the taxicab or when the taxicab meter was first engaged, whichever comes
first, to the time and location where the passenger or goods reached their
destination and left the taxicab or the taxicab meter was disengaged,
whichever comes last;
"Trip Sheet" means the written record of the details of each trip as recorded
by the taxi driver.
LICENSING REQUIREMENTS
Nature of a Licence and General Regulations
I.
Administration of this By-law shall be the responsibility of the Clerk, who is hereby
authorized to issue licences to owners, brokers and drivers in accordance with the
provisions of this by-law.
2.
The provisions of this by-law may be enforced by the Licensing Officer, Provincial
Offences Officer or the York Region Police.
3.
An application for a licence, for a renewal or a new vehicle shall be completed and
submitted to the Licensing Officer on the forms provided.
4.
Acceptance of the application and fee by the Licensing Officer shall not represent
approval ofthe application for the issuance of a licence, nor shall it obligate the Clerk
to issue a licence.
2
5.
No person shall promote or carry on such business under any name other than the
name endorsed upon the licence, except in accordance with the provisions of this by-
law.
6.
The term of each licence shall, unless otherwise expressed in the licence, shall be
valid for a period of one year from the first day of April in the year of issuance or
renewal up to and including the 31" day of March of the following year, unless
sooner revoked, amended, suspended or voluntarily relinquished to the Corporation.
7.
No licence may be leased, subleased, transferred, assigned or used by any person
other than the licencee and no person may be an owner of a taxicab by virtue of a
licence plate lease.
8.
Every application for a licence, or the renewal thereof, shall be delivered personally
to the Licensing Officer.
9.
No natural individual shall be licenced as an owner, broker, or driver unless they are
a citizen of Canada, or have attained landed immigrant status or possess a valid work
permit issued by the Government of Canada and a valid current Class "G" Driver's
Licence issued by the Province of Ontario.
I 0.
An applicant is entitled to be licenced and a licencee is entitled to have such licence
renewed, except where:
(I)
the past conduct of the applicant or licencee affords reasonable grounds for
belief that the applicant or licencee will not carry on the activity for which
the applicant is licenced or to continue to be licenced, in accordance with
law, integrity and honesty; or
(2)
the applicant or licencee is carrying on activities that are, or will be, if the
applicant is licenced, in contravention of this by-law; or
(3)
there are reasonable grounds for belief that the premises, accommodation,
equipment, vehicles or facilities in respect of which the licence is required,
do not comply with the provisions of this by-law or other applicable law; or
if the applicant or licencee is a corporation.
II.
Every application for a renewal of any licence issued pursuant to this by-law shall be
delivered to the Licensing Officer, in person, before the expiry date for such licence.
When an application for renewal of a licence is delivered to the Licensing Officer,
after the expiry date of the licence, the applicant shall submit an application as a new
applicant.
12.
The licence issued to the taxicab driver and broker/owner under this by-law is not
transferable.
Maximum Numbers of Owner's Licences
13.
The Clerk may not issue more than one taxicab owner's licence for each two
thousand (2000) persons residing in the Town.
14.
No owner, acting alone or in concert with a subsidiary, affiliate or partnership, may
dispatch, hold or control more than two-thirds (2/3) of the total owner's licences
available.
Revocation, Suspension or Cancellation of Licence
15.
The Council/Clerk may revoke, suspend or refuse to renew a licence:
(I)
Where the licencee has been found by the Licensing Officer to have failed to
comply with any of the provisions of this by-law;
(2)
A licence issued to an owner under this by-law may be cancelled by the
Council/Clerk at any time if the owner fails to cause a driver to
provide taxicab service to the public a minimum of twelve hours
daily for a least five days during any ten day period, unless the owner can
show to the satisfaction of Appeal Committee just cause for such failure.
3
(3)
Notwithstanding the provisions of subsection (1 ), an owner may choose to
vary the number of taxicabs in use and temporarily retire any of them for
periods of time so long as the welfare of the taxicab travelling public does
not suffer for lack of adequate service subject to the following conditions;
(a)
that no taxicab be taken off the road for a period longer than sixty
( 60) consecutive days during any calendar year; provided a cab may
be temporarily retired on more than one occasion within a calendar
year so long as the total period of temporary retirement does not
exceed ninety (90) days in that calendar year; and
(b)
that at no time shall the total number of taxicabs owned by one
owner and licenced under the by-law and which are temporarily
retired under this subsection exceed twenty (20%) percent of such
taxicabs owned by such owner, or one taxicab, whichever is greater.
(4)
A licence issued to a taxicab broker under this by-law may be cancelled by
the Appeal Committee at any time if the taxicab broker fails to
actively operate (for a continuous period of twenty-four (24) hours) the
taxicab brokerage business for which the licence has been issued, unless the
taxicab broker can show to the satisfaction of Appeal Committee, just cause
for such failure.
Hearing
16.
Where the Licensing Officer believes that the applicant or licencee would be
disentitled to a licence or a renewal thereof for any of the reasons set out in this by-
law, the Clerk shall not issue the licence and the Licensing Officer shall recommend
to the Appeal Committee to refuse to issue or refuse to renew the licence, or that the
Appeal Committee suspend or revoke the licence, or recommend that a licence be
issued subject to terms and conditions.
I 7.
Before the Appeal Committee refuses to issue or refuses to renew a licence, or revoke
or suspend or cancel a licence, a written notice advising the applicant or licencee of
the recommendation being made by the Licensing Officer to the Appeal Committee
with respect to the licence shall be given to the applicant or licencee by the Clerk.
18.
The written notice to be given hereunder shall,
(I)
set out the grounds for the recommendation;
(2)
give reasonable particulars of the grounds;
(3)
be signed by the Clerk; and
( 4)
inform the applicant or licencee that they are entitled to a hearing before the
Appeal Committee, if they deliver, within seven (7) days after the date of
service of the written notice, or the date of personal service of the written
notice, whichever is later, a written request, for a hearing before the
Committee.
19.
Upon receipt of a written request for a hearing from an applicant or licencee, the
Clerk shall advise the Appeal Committee and request the Appeal Committee to
convene a meeting and shall give the applicant or licencee reasonable written notice
thereof.
20.
The applicant or licencee shall have the right to make submissions in support of an
application or renewal or retention of a licence at such hearing and when the
applicant or licencee who has been given written notice of the hearing, does not
attend at the proper time and place, the Appeal Committee may proceed with the
hearing in the applicant or licencee's absence and the applicant or licencee shall not
be entitled to any further notice of the proceedings.
21.
At the conclusion of the hearing the Licensing Officer shall, as soon as practicable,
prepare a written report on the hearing, which shall summarize the evidence and the
arguments presented by the parties to the hearing, set out the findings of fact and the
decisions made by the Appeal Committee and set out the reason for the decision;
4
(I)
Council may uphold or vary the decision of the Appeal Committee or do
any act or make any decision that it might have done, if it had conducted the
hearing itself and the applicant or licencee shall not be entitled to a further
hearing on the matter before Council and the decision of Council shall be
final.
22.
If the applicant or licencee signifies that he is prepared to accept conditions upon the
licence and to make no objection to such conditions, the Appeal Committee may
grant a licence or the renewal of a licence upon such conditions as the Appeal
Committee considers appropriate.
Service of Notice or Order required under this By-law
23.
Any notice or order required to be given by the Clerk to an applicant or a licencee is
sufficiently served if delivered personally or sent by registered mail addressed to the
person to whom service is required to be made, according to the Clerk's application
or licence records.
24.
When service is made through registered mail, the service shall be deemed to have
been made on the seventh (7'h) day after the day of mailing.
Surrender of Licence
25.
When a Licence has been revoked or cancelled or suspended, the holder of the
Licence shall return the licence and if applicable, the owner's plate to the Licensing
Officer within twenty-four (24) hours of service of written notice of the decision.
26.
When a licence has been temporarily revoked or suspended pursuant to the
provisions of this by-law, the holder of the licence shall return the owner's licence
and licence sticker to the Licensing Officer within twenty-four (24) hours of
such temporary revocation or suspension and the Licensing Officer shall return the
licence, owner's plate or licence sticker to the holder of the licence if the taxicab is
returned to service within sixty (60) days of such temporary revocation or
suspension, failing which such licence shall be deemed to be cancelled.
27.
If an owner fails to renew a licence or, when a person has had the licence revoked or
cancelled, suspended, or temporarily retired under this by-law, the person shall not
refuse to deliver, in any way obstruct, or prevent the Licensing Officer from
obtaining the licence, the owner's plate and licence sticker.
Inspections of Premises and Taxicabs
28.
Every person licenced under this by-law, when requested by the Licensing Officer or
a Provincial Offences Officer shall submit any taxicab owned, operated or controlled
by him for inspection within two (2) days or, in circumstances where the taxicab is
engaged in the carriage of goods or passengers, at such time and place as the
Licensing Officer, Ministry of Transportation Personnel, York Region Police or a
Provincial Offences Officer may require.
29.
In the course of such inspection the Licensing Officer is entitled to request and have
produced within a reasonable time all relevant licences and permits and to have
access to all invoices, vouchers, appointment books and trip sheets or like documents
of the person being inspected, provided such documents are relevant for the purpose
of the inspection.
30.
The Licensing Officer may, when the offices are open, enter upon the business
premises of any licencee to insure that the provisions of this by-law have been
complied with.
Notice of Change oflnformation
31.
When a licencee who is a natural individual changes their name, address, or any
information relating to the licence, the licencee shall notify the Licensing Officer
within forty-eight ( 48) hours after the change of information relating to the licence
and shall return the licence immediately to the Licensing Officer for amendment.
32.
Where a licencee is a corporation and there is any change in the information as set
5
out in the application for licence, such as the names or addresses of the officer or
directors, the location of the corporate head office or any change in the ownership of
shares, the licencee shall report the change to the Licensing Officer within seven (7)
days thereof and if required by the Licensing Officer, the licence shall be
immediately returned to the Licensing Officer for amendment.
Stand for Taxicabs
33,
Taxicab Stands are hereby authorized and assigned at such locations under the
jurisdiction and ownership of the Corporation as may be set out in Schedule "C" of
this by-Law for the numbers of taxicabs and hours of operation set out therein.
34.
The owner of a commercial shopping centre may designate an area as a taxicab
stand, provided signs are in a form and location acceptable to the Licensing Officer
and have been erected to the provisions of this by-law relating to taxicab stands.
35.
No person may own or operate a vehicle, other than a taxicab licenced under this by-
law, in such manner as to occupy or block a taxicab stand.
36.
No person licenced pursuant to this by-law may own or operate a vehicle that
occupies a taxicab stand except in accordance with the provisions of this by-law.
37.
The fares to be charged by the owners and drivers of taxicabs of the conveyance of
passengers shall be such fares as are set out in Schedule "B" of this by-law and no
owner or driver shall charge any fare in excess of those set out in the said schedule.
38.
Notwithstanding the foregoing section, the fares referred to in this by-law shall not
apply to:
(I)
taxicabs being used for the transportation of children to and from school or to
taxicabs operating under contract to any government agency for the
transportation of disabled children;
(2)
PART III
passengers with a destination outside the municipal boundaries of the Town
who agree with the taxicab driver, prior to the commencement of the trip, to
pay a flat rate provided that the taxicab driver shall engage the meter for the
portion of the trip, which occurs within the Town boundaries.
TAXICAB REGULATIONS
Broker Regulations
39.
Every Taxicab Broker shall,
(I)
maintain a business office, from which the taxicab brokerage is operated;
(2)
require all taxicab owners who have entered into arrangements with the
broker for the provisions of taxicab brokerage services, to use the same
design, shape and colour scheme of roof sign, and to attach to each front door
of the taxicab an identifying decal which shall include the name of the
taxicab broker, in a form approved by the Licensing Officer, and shall
produce and file a sample of the roof sign and identifying decal with the
Licensing Officer;
(3)
provide the Licensing Officer with a list, showing in numerical order by the
owner's plate number, the name of every driver operating any taxicab with
which the broker has entered into any arrangement of the provision of
taxicab brokerage services;
(4)
notify the Licensing Officer in writing, within ten (10) days of any additions
or deletions from the list provided under subsection (3 );
(5)
carry on the taxicab brokerage business twenty-four (24) hours a day during
the term of the broker's licence, unless otherwise directed by the Appeal
Committee;
6
(6)
keep a record of each taxicab dispatched on a trip, the time and date of
receipt of the order, and the pick-up location; and retain these records for a
period of twelve ( 12) months;
(7)
supply the Licensing Officer with a copy of the Federal Radio Licence call
sign and frequency number;
(8)
ensure that any person employed by the broker for the purposes of
dispatching calls has a working know ledge of the geographic area of the
Town of East Gwillimbury and surrounding area, including, but not limited,
to the location of streets, public buildings and points of interest;
(9)
upon request, inform any customer ofthe anticipated length oftime required
for a taxicab to arrive at the pick-up location;
(I 0)
when volume of business is such that service will be delayed to a prospective
customer, the broker shall inform the customer of the approximate length of
the delay, before accepting the call;
(II)
dispatch a taxicab to any person requesting service within the municipality,
unless the person requesting service has not paid for a previous trip and these
facts are verified by the broker;
(12)
carry on business only in the name in which the broker is licenced;
( 13)
on instruction of the Licensing Officer, not dispatch calls to any taxicab, if
the licenced owner or licenced driver, in the opinion of the Licensing Officer,
may have contravened any section of this by-law, which substantially affects
the public;
(14)
at the request of the Licensing Officer, provide a list showing the number of
taxicabs available for service to the public on any particular day, including
the times when each such taxicab went on the road and the time when it was
last available for service on the day and also including the number of
dispatched call services by each such taxicab.
Broker Prohibitions
40.
No taxicab broker shall:
( 1)
accept order for, or in any way dispatch or direct orders to a taxicab, licenced
under this by-law;
(a)
when the activity would be illegal under another municipal taxicab,
or similar licensing by-law, or provincial statute; or
(b)
when the fare is less then that permitted under this by-law;
(2)
accept orders for, or in any way dispatch or direct orders to a taxicab, the
owner of which is not licenced under this by-law, for a pick-up location
within the boundaries of the Town of East Gwillimbury;
(3)
be permitted to operate a taxicab which is licenced in another municipality
for the purpose of picking up a customer in the Town of East Gwillimbury;
( 4)
dispatch or direct orders for a parcel delivery to a taxicab driver unless the
taxicab driver first consents to make the parcel delivery;
(5)
be permitted to have exclusive rights to any taxicab stand in the municipality,
or enter into or become a party to any exclusive concession agreement;
(6)
require any driver to accept any order necessitating the expenditure of
money, by the driver, on behalf of the customer;
(7)
enter into an a!,>Teement for the provisions of brokerage services with a
taxicab driver or taxicab owner who is already affiliated with another taxicab
broker;
7
(8)
dispatch to any person within the Town of East Gwillimbury, a taxicab which
is not on the list provided under this by-law to the Licensing Officer in
relation to the name of owners and drivers with which the broker has entered
into agreements relating to the dispatch of taxicabs;
(9)
charge a tariff or enter into an agreement to charge a tariff which is not in
accordance with the provisions of this by-law;
( 1 0)
have possession or use of a scanner for the purpose of monitoring other
taxicab companies business.
Plate Owner Regulations
41.
Every licenced taxicab owner shall:
(I)
keep at all times in the vehicle a Photostat copy of the original
of each of the following documents:
(a)
the current Ontario Ministry of Transportation and Communications
Passenger Motor Vehicle Ownership issued for that licenced vehicle;
(b)
the current taxicab owner's licence issued under this by-law;
(c)
the certificate of liability insurance for the vehicle, in accordance
with this by-law.
(2)
have in or on the vehicle:
(a)
the owner's plate firmly affixed to the left rear trunk, or at a location
and in a manner approved by the Licensing Officer;
(b)
the owner's plate number for that taxicab in letters of a least !Scm
high affixed on both front fenders, on the top rear of the fender, not
more than 8cm below the top of the fender, or at a location and in a
manner approved by the Licensing Officer.
(c)
affixed, the current tariff card in a holder, or at a location and in a
manner approved by the Licensing Officer.
(d)
an electrically illuminated roof sign which is securely attached to the
top of the taxicab in a manner approved by the Licensing Officer and
wired to the taxicab meter and working in conjunction with the meter
so that it is not illuminated when the meter is engaged and is
illuminated when the headlights are on and the meter is in the vacant
status.
(3)
provide the Licensing Officer and, where applicable, any licenced taxicab
broker with whom the owner may be associated, with the name of the
licenced driver operating the vehicle, within seventy-two (72) hours of the
time when the licenced driver has commenced to operate the vehicle; and
( 4)
repair any mechanical defect in the vehicle, reported to him/her by a licenced
driver;
Plate Owner Prohibitions
42.
No plate owner shall:
(I)
permit a taxicab to be operated with mechanical defects of which the owner
ts aware;
(2)
affix or permit any person to affix any licence, owner's plate or sticker issued
pursuant to this by-law to any vehicles except the vehicle for which it was
issued;
(3)
operate a taxicab or permit a taxicab to be operated which is not registered
under this by-law;
8
(4)
allow or permit a taxicab to be operated when it is not clean, dry and in good
repair as to its interior;
(5)
allow or permit a taxicab to be operated when the exterior is not clean or it
has exterior body damage or rust;
(6)
use or permit to be used on a taxicab, any emblem, decal, roof-sign or other
markings which are the same shape and/or similar to any distinctive emblem,
decal, roof sign or other marking being used by any taxicab broker with
whom the owner is not affiliated; and/or approved by the Licensing Officer;
(7)
operate or permit a taxicab to be operated unless a taxicab meter is installed
which meter complies with the requirements of this by-law and which has
been tested and sealed by the Licensing Officer;
(8)
operate or permit a taxicab to be operated for the purpose of transporting
children to or from schools, except in compliance with the provisions of
Schedule "D" of this by-law;
(9)
operate or permit a taxicab licenced as an accessible taxicab to be operated
by a driver not trained in the proper operation of the equipment or in the
special needs of disabled passengers, and who holds a certificate indicating
successful completion of a recognized program as approved from time to
time.
Driver Regulations
43.
Every Driver of a taxicab shall:
(I)
at all times while driving a taxicab display a Town of East Gwillimbury
identification card which shall include a photograph and that the card is
visible to passengers using the taxicab;
(2)
at all times while driving a taxicab wear in a prominent place on the outside
of clothing, so that it is visible when approaching the public, a Town of East
Gwillimbury identification card which displays the driver's photograph,
name, driver's licence number and year of licence issue;
(3)
upon the request of any passenger, or when there is any complaint or any
dispute about the fare, give in writing, on the form prescribed by the
Licensing Officer, taxicab driver name, taxicab licence number, plate
number, the amount of the fare, the name and address of the owner of the
taxicab and the telephone number of the Town of East Gwillimbury;
( 4)
carry a valid Ontario driver's licence at all times when operating a taxicab;
(5)
punctually keep all appointments and engagements and shall not make any
appointment if a previous engagement would prevent the driver from
fulfilling it;
(6)
be at liberty to refuse to serve any person who:
(a)
is intoxicated or disorderly; or
(b)
refuses to give the destination; or
(c)
is in possession of an animal, other than a seeing eye dog; or
(d)
is eating or drinking any food or beverage; or has not paid a previous
fare or cancellation fee; or is, in the opinion of the driver, unable or
unwilling to pay the fare and has been unable to satisfy the driver
that he has the funds to pay the fare; or
(e)
refuses to extinguish a cigarette, cigar or pipe;
(7)
render such assistance as may be necessary so that the passenger may enter
or leave the taxicab provided that in the event that the assistance of more
than one person is required to effect the entry or discharge of the passenger,
no driver shall be required to carry such person;
9
(8)
be civil and behave courteously;
(9)
be properly dressed, well groomed, neat and clean in personal appearance;
(I 0)
drive the taxicab operated by the driver in the most direct travelled route to
the point of destination unless otherwise directed by the passenger;
(II)
keep in the taxicab a current street guide or map of the Town and
surrounding area satisfactory to the Licensing Officer;
(12)
tum off any radio, tape player or any other sound producing mechanical
device in the taxicab, tum down the volume of the two-way radio, upon
being requested to do so by any passenger, and having done so, shall leave
such devices in the off or turned down position until termination of the trip
with the passenger;
(13)
each day, before commencing driving, inspect the taxicab for interior and
exterior cleanliness and for any mechanical defects or interior or exterior
damage and shall report forthwith any defects or damage found to the owner
or registered lessee of the taxicab;
(14)
while operating the taxicab, maintain the interior of the taxicab in a clean
condition and good repair;
(15)
report, each day, upon completion of the operation of the taxicab, all defects
in the taxicab to the owner;
(16)
take due care of all property delivered or entrusted to the driver and accepted
for the conveyance or safekeeping and immediately upon termination of any
hiring engagement, shall search the taxicab for any property lost or left
therein. All property or money left in the taxicab shall forthwith be delivered
to the nearest Police Station.
(17)
keep a daily trip sheet showing, for each vehicle:
(a)
the Provincial motor vehicle permit number of the taxicab;
(b)
the name of the taxicab driver(s);
(c)
a record of all trips made by the taxicab that day;
(d)
the meter readings at the start and finish of each working period;
(e)
the date, time, and location of the beginning and the termination of
each trip; and
(f)
the amount of the fare collected for each trip recorded on the taxi
meter;
(18)
retain all trip sheets for a least twelve (12) months and make them available
for inspection at the request of the Licensing Officer or Provincial Offences
Officer;
( 19)
engage the taxicab meter at the commencement of the trip and keep it
engaged throughout the trip except where the trip's destination is outside the
Town limits and a flat rate has been agreed upon by the driver and passenger;
(20)
at the conclusion of a trip, place the taxicab meter in the time-off status and
after payment, place the meter in the vacant status;
(21)
enter a taxicab stand by taking a position at the end of any line formed by the
taxicabs already on the stand.
Driver Prohibitions
44.
No taxicab driver shall:
10
(I)
carry liquor, wine or beer in any taxicab at any time provided that this
paragraph shall not be intended to exclude the carrying of the liquor, wine or
beer of any passenger who is a bona fide passenger in the taxicab;
(2)
smoke, or permit anyone to smoke, any pipe, cigar, cigarette or any tobacco
products in any taxicab;
(3)
carry any passenger, other than paying passengers, while the vehicle is being
used as a taxicab or while on duty, subject to call;
( 4)
carry in taxicab a greater number of passengers that is set out in the vehicle
manufacturer's rating of seating capacity for such vehicle;
(5)
while waiting at a taxicab stand or any other public place,
(a)
obstruct or interfere in any way with the normal use of the taxicab
stand or public place or interfere with the surrounding traffic
patterns;
(b)
shall make any loud noise or disturbance
(c)
be unable to observe the taxicab at all times
(d)
make repairs to the taxicab unless the repairs are immediately
necessary;
(6)
pick up any passenger within sixty (60) meters of a taxicab stand when there
are one or more taxicabs upon the stand unless,
(a)
an arrangement has been previously made with the passenger to be
picked up at that location, or;
(b)
the passenger exhibits a preference for that taxicab, and the chosen
taxicab driver notifies the driver of the first taxicab on the taxicab
stand;
(7)
drive a taxicab with luggage or any object placed in, hung on, or attached to
the vehicle in such a manner as will obstruct the drivers view of the highway;
(8)
take, consume or have in the driver's possession any alcohol, drugs or
intoxicants while he is in charge of a passenger;
(9)
use any tariff card, other than that obtained from the Licensing Officer, or
remove, exchange, lend or otherwise dispose of the tariff card;
(I 0)
take on any additional passengers after the taxicab has departed with one or
more passengers from any one starting point except under the following
circumstances:
(a)
when done at the request of the passenger already in the vehicle;
(b)
in an emergency situation;
(c)
when operating a vehicle which is being used exclusively for the
transportation of children to and from school or for the transportation
of disabled persons as provided for in Part VI of this by-law;
(II)
drive a taxicab which does not have an owner's plate affixed thereto;
(12)
drive a taxicab whose owner is not a licenced taxicab owner;
(13)
permit a passenger to stand in a taxicab while the vehicle is in motion;
(14)
be required to accept any order when the expenditure of money by the
licenced taxicab driver is required on behalf of the passenger;
( 15)
recommend hotels, restaurants or other like facilities unless requested to do
so by the passenger;
II
(16)
be required to provide change for any note larger than fifty ($50.00) dollars
unless the fare is at least one-half ( :;, ) of the value of the said note;
(17)
operate a taxicab when the meter has not been adjusted in accordance with
the then current rates set out in this by-law, or when the operation of the
meter has not been approved by the Licensing Officer;
(18)
operate a taxicab when the taxicab meter does not operate properly;
(19)
operate a taxicab when the taxicab meter seal is improperly affixed;
(20)
operate a taxicab without an owner's plate, side and rear numbers and roof
light as required by the provisions of this by-law;
(21)
operate a taxicab which is licenced in another municipality for the purpose of
picking up a customer in the Town of East Gwillimbury;
(22)
operate at taxicab unless such vehicle,
(a)
is equipped with an extra tire wheel and jack ready for use for that
vehicle;
(b)
meets the standards for the issue of a Safety Standard Certificate of
mechanical fitness;
(c)
is clean, dry, and free from debris and in good repair as to its
interior;
(d)
is clean and in good repair as to its exterior and free from rust and/or
exterior body damage and with a well maintained exterior paint
finish;
(23)
induce any person to engage the vehicle by any misleading or deceiving
statement or representation to that person about the location or distance of
any destination named by that person;
(24)
induce or permit any person to engage the vehicle when the driver is aware
that another taxicab has been dispatched to pick up the person provided that
when the passenger exhibits a preference for that taxicab, the chosen driver
shall notify the other taxicab driver who has been dispatched;
(25)
have in a taxicab or on the driver while on duty, the use of any device
capable of scanning two-way radio calls;
(26)
subject to the provisions of this by-law and except for a tip, gratuity or credit
card service charge, recover or receive any fare from any passenger or
persons who demanded the services, which is ),'!'Cater than the fare authorized
by this by-law;
(27)
recover or receive any fare or charge from any person to whom the driver has
refused to show the tariff card;
(28)
make any charge for time lost through defects or inefficiency of the vehicle
or incompetence of the driver;
(29)
make any charge for the time elapsed due to early arrival of the vehicle in
response to a call for the vehicle to arrive at a fixed time;
(30)
be permitted to engage the taxicab meter before the passenger enters the
vehicle;
(31)
charge a fare which is not in accordance with the appropriate fare set out in
schedule "B'' of this by-law;
(32)
operate a taxicab for the purpose of transporting children to or from school,
except in compliance with the provisions of Schedule "D" of this by-law;
12
(33)
operate an Accessible Taxicab without first having obtained training in the
proper operation of the equipment or in the special needs of disabled
passengers;
(34)
operate a taxicab without a current valid Ontario Driver's Licence;
(35)
accept any order for pick-up outside the boundaries of East Gwillimbury;
45.
The Licensing Officer may, at any time, require an applicant for a taxicab driver's
licence or a licenced taxicab driver, if the Licensing Officer feels it may be in the
public interest, to provide an approved certificate, prepared by a duly qualified
medical practitioner, attesting as to whether or not the applicant or licencee is
physically fit and able to operate a taxicab.
46.
When a licenced taxicab driver has had the Province of Ontario Driver's Licence
suspended, cancelled or revoked, or where the licence has expired, the licence issued
under this by-law shall be deemed to be suspended as of the date of suspension,
cancellation or revocation of the Province of Ontario Driver's Licence and the driver
shall immediately return to the Licensing Officer the licence issued under this by-
law.
47.
If at any time the taxicab driver's photograph is not a reasonable likeness of the
driver because of physical changes, the passage of time or poor quality photography,
the Licensing Officer may require that the driver attend at the licensing office to
supply another photograph.
48.
Every Licenced driver owner who ceases to deal through a taxicab broker shall;
(1)
(2)
(3)
PART IV
remove from the vehicle the roof light, radio crystals and telephone number
of the taxicab broker the owner is leaving;
change and remove from the vehicle the colour scheme and all decals or
other taxicab brokerage markings on the vehicle;
return to the taxicab broker that the owner is leaving, all business cards,
promotional material and other equipment belonging to that broker.
INSURANCE
49.
When a licenced owner ceases to have a current and valid Ontario standard
automobile insurance policy in good standing and properly endorsed in accordance
with the provisions of this by-law, the licence shall be deemed to be suspended as of
the date on which the cessation of insurance came to the attention of the Licensing
Officer, and the licence shall only be reinstated on there being delivered to the
Licensing Officer written proof of insurance in accordance with the provisions of the
by-law.
50.
When the licenced owner has a licence suspended under the foregoing section, the
owner shall forthwith remove the owner's plate and return the owner's plate and the
licence to the Licensing Officer.
51.
When a licenced owner cancels the current insurance before the expiry date of the
policy, the owner must produce a certificate of newly acquired insurance, or return
the taxicab owner's plate to the Licensing Officer on the date and time of the
cancellation.
52.
All insurance renewal policies or certificates of insurance shall be filed with the
Licensing Officer five (5) days prior to the expiry date of the current insurance
policy.
PARTY
VEHICLE APPROVAL AND DISPOSAL OF VEHICLE
53.
In order to obtain an owner's licence or dispose of a vehicle the owner shall;
(I)
attend at the licensing office and produce a copy of the current passenger
motor vehicle permit in good standing, issued by the Ministry of
Transportation and Communications, in the applicant's name, a copy of the
13
current Ontario Standards Automobile Insurance Policy to show the vehicle
being registered and the owner's licence;
(2)
submit the vehicle to be registered for inspection and approved by the
Licensing Officer;
(3)
in addition to the provisions of this subsection the vehicle to be used shall be
submitted for inspection by the Licensing Officer during normal business
hours and shall not be used until;
(a) the inspection has taken place, approval given; and
(b) the applicable fee as provided for in Schedule "A" is paid;
Model Year Restriction
54.
No person shall operate or permit to be operated under the owner's licence, a vehicle
which is of a model year older than five (5) years calculated from the first day of
January of the model year.
55.
Notwithstanding the provisions of the foregoing section, an owner may make written
request to the Licensing Officer, for an extension on the model year, provided the
vehicle conforms in all other respects with the requirements of this by-law and as a
condition of renewal for vehicles over (5) five model years old to a maximum of
seven (7) years at the discretion of the Licensing Officer. The Licensing Officer may
require a Safety Standard Certificate, issued under the Highway Traffic Act by a
mechanic designated by the Licensing Officer within thirty (30) days of the date of
application on the form provided by the Licensing Officer.
Taxicab Meter Requirements
56.
Every taxicab meter required by this by-law shall:
(I)
be submitted for testing, inspection and sealing by the Licensing Officer at
such time and such place as may be directed by the Licensing Officer and in
any event shall be submitted for testing each time the meter is removed from
the vehicle for any reason;
(2)
be kept in good working condition and immediately repaired, when necessary
and be resealed in accordance with the requirements of this by-law.
Mandatory Taxicab Inspections
57.
The Licensing Officer shall give notice to the licenced taxicab owner of two
inspections a year for each taxicab owned.
58.
Upon receipt of a notice of inspection under the foregoing section, each licenced
owner or driver shall attend with the vehicle at the appointed time and place and shall
bring a Safety Standard Certificate issued under the Highway Traffic Act within
thirty (30) days of the inspection date.
59.
Every taxicab or accessible taxicab powered by propane fuel shall have an inspection
certificate filed with the Licensing Officer for each new or renewal licence as well as
at the time of normal inspections of the vehicle. A propane fitter, I st class (PFI) or
2nd class (PF2), who is employed by a company designed under the provisions of the
Energy Act R.S.O. 1990 and the Regulations thereto shall sign the inspection
certificate only.
PART VI
ACCESSIBLE TAXICABS
60.
There may be issued, in addition to the owners' licences, which may be issued
pursuant to this by-law, one accessible taxicab licence per every ten thousand
(I 0,000) persons or major part thereof within the Town limits. No owner or broker
shall be entitled to hold more than one Accessible Taxicab licence
61 .
All of the provisions of this by-law in respect of taxicab owners, driver and vehicles
shall apply to owners and drivers of Accessible Taxicabs.
14
62.
In addition to the requirements for vehicles set out in this by-law, vehicles to be
Licenced as Accessible Taxicabs shall, as a minimum, permit the loading,
transportation and off-loading of persons utilizing a wheelchair in compliance
with the requirements of Ontario Regulation 629, as amended, Ontario Regulation
611, as amended and Canadian Standards Association Standard CAN3 0409 M84
and all other relevant federal and provincial regulation.
63
Notwithstanding any other provisions of this by-law in respect of the dispatching of
taxicabs, when a customer requests the service of an Accessible Taxicab, the owner
shall ensure that such call shall receive priority over any other request for service to
which the taxicab has been dispatched to a customer not requiring the services of an
Accessible Taxicab, but the Accessible Taxicab has not been engaged, the Owner
shall ensure that another taxicab is dispatched to respond to the customer requiring
services other than the Accessible Taxicab.
PART VII THE PRIORITY LIST
New Priority List:
64.
When a completed application for a taxicab owner's licence is received by the
Licensing Officer and it meets all of the requirements of this By-law and the attached
schedules, but a licence cannot be issued because of the limitation on the number of
licences set out in this by-law upon payment of the fee set out in Schedule "A" of this
by-law, the applicants name shall be placed on the priority list by the Licensing
Officer.
65.
The applicant's name shall remain on the priority list and the applicant will
upon availability be entitled to a licence if he/she complies with the provisions of this
by-law and the schedules thereto.
66.
The applicant's name will appear only once on the priority list at any one time.
6 7.
The priority list will be available for inspection at the Licensing Office during normal
business hours.
68.
When a taxicab owner, whose name appears on the priority list sells, transfers or
otherwise disposes of the owner's licence, the name shall be removed from the
priority list and no new application will be accepted for a period of two years from
the date sold, transferred or otherwise disposed of the owner's licence.
69.
When an applicant whose name is on the priority list is offered an owner's licence
which he refuses, the name shall be removed from the list and such applicant shall be
required to submit a new application accordingly.
70.
When the number of available taxicab owner's licences is to be increased in
accordance with the provisions of this by-law, such licences will be issued to persons
on the priority list in accordance with their priority on the list.
71.
All applicants for the Priority List must be licenced taxicab drivers in the Town and
have been driving a cab for one (I) year.
PART VIII PENALTY
Offence/Penalty
72.
Every person who contravenes a provision of this by-law is guilty of an offence and
upon conviction is liable to a fine as provided for in the Provincial Offences Act.
15
PARTIX SCHEDULES
73.
All schedules referred to in this by-law and attached to this by-law are deemed to be
part of this by-law
PART X REPEAL
74.
The provisions of By-Law #2001-95, as amended, are hereby repealed.
PART XI TRANSITIONAL PERIOD
75.
All fees will be subject to a fee amendment upon the passing of the by-law. Payment
received between January I, and March 31" will be credited to the new licence fee
for 2005 only.
READ A FIRST SECOND AND THIRD TIME AND PASSED THIS DAY OF
2005.
MAYOR
CLERK
16
SCHEDULE "A"
LICENCE FEES
TYPE OF
ORGINAL
EFFECTIVE
EFFECTIVE
LICENCE
LICENCE FEE
FEES APRIL
FEES
1ST, 2006
APRIL 151. ,
2007
New Taxi Cab
$695.77
$695.77
$695.77
Owner's Licence
Renewal Taxi
$320.24
$320.24
$320.24
Cab Owner's
Licence
New Taxi Cab
$695.77
$695.77
$695.77
Broker's
Licence
Renewal Taxi
$320.24
$320.24
$320.24
Cab Broker's
Licence
New Taxi Cab
$200.00
$275.00
$314.38
Driver's Licence
Renewal Taxi
Cab Driver's
Licence
$150.96
$150.96
$150.96
**Where an applicant for taxicab broker's licence does not have a business office within the
municipality an additional fee of $100.00 per year will be charged.
OTHER FEES
Priority List Annual Fee
$200.00
Replacement fee for Taxicab Driver's ID card
$ 7.00
Replacement fee for Taxicab Driver's or Owner's Licence
$ 7.00
Replacement fee for loss of Owner's Plate
$ 30.00
Replacement fee for each Tariff Card
$
7.00
Replacement fee for loss oflicence or Licence Certificate
$
7.00
17
SCHEDULE "8"
TAXICAB FARES
(G.S.T. is included in all prices)
For the first 200 meters or part thereof
For each additional 200 meters or part thereof
For waiting time while under engagement after one minute
There shall be no charge for wheelchairs
$ 2.75
$
.30
$20.00/hour
Any charges for items not covered by these rates shall be agreed upon before the
commencement of the trip.
Any charges listed in this by-law apply to any trip carrying four or less passengers. The
Owner of the taxicab may accept a trip to carry more than four passengers and any additional
charges for the additional passengers shall be agreed upon before the commencement of the
trip.
18
SCHEDULE "C"
DESIGNATION OF PUBLIC TAXI STANDS
19
SCHEDULE "D"
REGULATION FOR THE USE OF TAXICABS FOR THE TRANSPORTATION OF
CHILDREN TO AND FROM SCHOOL
I.
No licenced taxicab owner and no licenced taxicab driver shall use any vehicle for
the transportation of children to and from school unless such vehicle is licenced as a
taxicab by the municipality.
2.
No child shall be permitted to stand in the taxicab while it is in motion.
3.
The taxicab shall carry, on the front and rear, signs not less than 275mm by 350mm
in size, clearly and visibly displaying the words 'SCHOOL VEHICLE" in black
letters on a white or yellow background.
4.
The signs referred to in clause (3) shall be carried only when the taxicab is actually
engaged in transporting children to and from school, and shall be removed when the
taxicab is engaged in any other business.
20
21