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CITY OF ST. THOMAS
BY-LAW NO.
145 - 2013
A by-law to provide for licensing, regulating
and governing owners/drivers of cabs and motor
or other vehicles used for hire and for other
purposes within the City of St. Thomas.
WHEREAS sections 9, 10, 11(3) and 150 through 159 of the Municipal Act, S.O. 2001, c. M.25, as
amended, permit the Council of the Corporation of the City of St. Thomas to pass by-laws for licensing,
regulating and governing owners and drivers of taxicabs used for hire within the City of St. Thomas and
from any point within the City of St. Thomas to any point outside the City, and for revoking any such
licence;
AND WHEREAS the Council deems that requirements set out in this By-Law are necessary for purposes
of public safety, consumer protection and nuisance control relative to taxicab transportation services,
and for compliance with Sections 79 and 80 of Ontario Regulation 191/11 of the Accessibility for
Ontarians with Disabilities Act, 2005;
AND WHEREAS section 23 of the Municipal Act, S.O. 2001, c. M.25, as amended, permits a Municipal
Council to delegate the powers and duties to an individual who is an officer, employee or agent of the
Municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ST. THOMAS
ENACTS THE FOLLOWING:
INTERPRETATION:
1
In this By-law:
(a)
any reference to a "person" shall include an individual, corporation, partnership, firm,
association, other legal entity or agent thereof. A masculine or feminine pronoun shall
include the other gender and the neutral pronoun, where applicable.
(b)
any words importing the singular include the plural and viceversa.
(c)
"Accessible Taxicab" shall mean a passenger vehicle that is or should be licensed under
this By-Law as a Taxicab and is designed or modified to be used for the purpose of
transporting persons with disabilities and is used for that purpose, whether or not the
vehicle is also used to transport persons without disabilities.
(d)
"Call" within the meaning of this By-law shall include a request or direction for the use of
a taxicab transmitted by radio, or by personal request of a prospective passenger or
received in any other manner.
(e)
"City" shall mean the Corporation of the City of St. Thomas.
(f)
"Engineer" shall mean the City Engineer for the Corporation of the City of St. Thomas or
a person designated by the Engineer for the purposes of this By-law.
(g)
"Council" shall mean the Council of the City.
(h)
"Driver" shall mean a Driver of a Taxicab who holds a Taxicab Driver's Licence or is
required to be licensed as such for compliance with this By-Law.
(i)
"Licence" shall mean any Licence granted by the City under the provisions of this By- law
to own, dispatch or operate any Taxicab vehicle used for hire.
(j)
"Limousine" shall mean a vehicle usually described as a limousine by its manufacturer
that can carry approximately ten passengers and is usually hired on an hourly or daily
basis by contract.
(k)
"Municipal Law Enforcement Officer" shall mean a person appointed by the Council of
the City to enforce the bylaws of the municipality.
(l)
"Owner" shall mean the registered owner of a Taxicab who holds a Taxicab Owner's
Licence or is required to be Licensed as such for compliance with this by-law.
(m)
"Shuttle" shall mean a vehicle, that carries a number of passengers from one origin to
one or more destinations or from one or more origins to one destination, usually for a
fixed fee per passenger.
(n)
"Manager of Roads and Transportation" shall mean the person appointed as Manager of
Roads and Transportation for the City.
(o)
"Taxicab" shall mean a motor vehicle, including an Accessible Taxicab, which is kept or
used for hire for the conveyance of passengers with a seating capacity of not more than
seven (7) persons.
(p)
"Taxicab Broker" shall mean any person who accepts Calls for Taxicabs which are not
owned by the Taxicab Broker or the Taxicab Broker's employer or immediate family and
shall also mean a Taxicab Owner who receives Calls and operates a dispatch service.
(q)
"Taxicab Broker's Licence" shall mean a Licence issued to a Taxicab Broker pursuant to
the provisions of this By-law.
(r)
"Taxicab Driver's Licence" shall mean a Licence issued to a Driver pursuant to the
provisions of this By-law.
(s)
"Taxicab Owner's Licence" shall mean a Licence issued to an Owner pursuant to the
provisions of this By-law.
ROLE OF THE ENGINEER
2.
The Engineer shall have supervision over all persons licensed under this by-law and the
following shall be the duties of the Engineer in connection with the provisions of this by-
law:
(a)
To issue:
i) Taxicab Driver's Licences;
ii) transfers of Taxicab Owner's Licences where the transfer is for a
Taxicab replacing a vehicle being retired from service and;
iii) annual renewals of all Licences issued under this By-law.
(b)
To submit to Council:
i) applications for transfers of Taxicab Broker's Licences, and;
ii) reports providing full background for any recommendation referred by the
Engineer to Council regarding a refusal to issue, refusal to renew or a revocation
of a Licence described in this By-law and to issue such new Licences and
transfers as Council may approve.
(c)
To refuse to process any application for a Licence described in this By-law where the
application is incomplete or otherwise fails to comply with Section 6 of this By-law.
(d)
The Engineer may determine that the issuing of any Taxicab Owner's Licence or that the
reinstatement of a Licence following a suspension of a Taxicab Owner's Licence or a
Taxicab Broker's Licence shall be subject to such conditions as the Engineer may
consider necessary or advisable in connection with the Licence being issued or reinstated.
(e)
To furnish the Taxicab Driver with a Taxicab Driver's Licence identification card.
(f)
To invoke Licence suspensions and automatic Licence cancellations in accordance with
the provisions of this By-law.
(g)
To keep a register of all Licences and transfers of Licences that may be granted, which
register shall contain the name or names of the holders of all Taxicab Broker, Owner and
Driver Licences, (including active Licences and surrendered, suspended and inactive
Licences), the issue date of the Licence, and the amount paid for same, the number of
Taxicabs kept by each Owner and associated with each Taxicab Broker, and such further
particulars and other books as Council may direct.
(h)
To maintain a record of information provided by Taxicab Owners regarding those
Taxicabs which are Accessible Taxicabs and those Taxicab Drivers who have completed
training for operating Accessible Taxicabs as required by this By-law
(i)
To receive notices and the reports required from Taxicab Owners, Drivers and Taxicab
Brokers under this By-law and to make all necessary inquiries concerning applications
for Licences and renewals and transfers thereof as may be deemed appropriate to secure
due observance of the law, including but not limited to compliance with this By-law, and
to report periodically to Council thereon these matters.
(j)
Where, in the Engineer 's opinion, a contravention of this By-law should be prosecuted,
or Council so directs, to prosecute or to cause such contravention to be prosecuted.
PROHIBITIONS:
3.
(a)
No person shall:
(i)
keep, drive or offer a Taxicab for hire within the City without a current Taxicab
Owner's Licence being in good standing for such Taxicab;
(ii)
drive a Taxicab for hire within the City without having a current
Taxicab Driver's Licence;
(iii)
act as a Taxicab Broker within the City without having a current Taxicab Broker's
Licence;
(iv)
act as a Taxicab Broker within the City for the hiring or dispatching of any
Taxicab that is not driven by a Driver licensed under this By-law or of an Taxicab
that is not owned by an Owner licensed for the Taxi under this By-law;
(v)
operate a Taxicab or Limousine without full insurance coverage required under
this By-law;
(vi)
attempt the transfer of any Licence issued under this By-law except
in accordance with the provisions of this By-law;
(vii)
while holding a Taxicab Owner's Licence, fail to maintain in effect
the insurance required by this By-law;
(viii)
engage in any other actions prohibited by Section 8(c) of this By-law
in connection with operation of a Taxicab.
(b)
No Taxicab Owner or Taxicab Broker licensed under the provisions of this By-law who
intends to withdraw or terminate his/her Taxicab business shall do so without providing
not less than forty eight (48) hours' notice in writing to the Engineer of such intention.
At the time specified in such notice, he/she shall surrender such Licence to the
Engineer.
(c)
No holder of any Licence issued under this By-law shall transfer such Licence, except in
accordance with the provisions of this By-law.
APPLICATION FOR LICENCES:
4.
(a) All Applications for Licences, for transfers of a Licence(s) or for renewal of a Licence(s)
shall be addressed to the Engineer, submitted upon such forms as may be prescribed by
the Engineer and accompanied by payment of the appropriate fee, proof of insurance and
other certifications where required by this By-law.
(b)
All fees prescribed in this By-law shall be payable to the City.
(c)
Every applicant for a Taxicab Owner's Licence shall submit with his/her application a
Certificate of Mechanical Fitness with respect to the vehicle to be licensed and shall
submit the vehicle for inspection of equipment as required under this By-law and provide
the requisite report and certificates in satisfactory form.
(d)
In addition to the Certificate referred to in 4(c) above every applicant for a Taxicab
Owner's Licence pertaining to a vehicle that is an Accessible Taxicab shall submit with
his/her application a Certificate by a qualified person confirming that the vehicle
modifications and devices with which the vehicle is equipped have been properly
installed, are in good working order and comply with the requirements of RRO 1990
Regulation 629 as amended and Canadian Standards Associations Standards D409-02.
(e)
Every applicant for a Taxicab Owner's Licence or for renewal or transfer of such a
Licence shall submit with his/her application proof of compliance with insurance
requirements by depositing with the Engineer a certified copy of a satisfactory
valid policy of insurance, issued to such applicant and covering each Taxicab for
which a Taxicab Owner's Licence is sought. This policy must be currently in effect
and be issued by an insurance company authorized to do business in Ontario.
(f)
Every applicant for a Taxicab Driver's Licence shall attend in person at the office of the
Engineer or the Engineer's designate and shall submit with his/her written application
such information and records as the Engineer may require including, but not limited to,
the items referred to in Section 6 of this By-law.
(g)
Every applicant for a Taxicab Broker's Licence shall upon request provide evidence of
technical resources suitable to dispatching and communication in the Taxicab industry
and provide satisfactory proof that all Taxicabs associated with the Taxicab Broker are
licensed with a current Taxicab Owner's Licence and continue to meet the requirements
of this By-law for insurance coverage, mechanical fitness, and installed Taxicab vehicle
equipment specified under this By- law.
(h)
Every Owner of more than one Taxicab required to be licensed under this By-law, shall
obtain a separate Taxicab Owner's Licence for each Taxicab. If an Owner retires a
Taxicab and replaces it with another Taxicab vehicle the Licence pertaining to the retired
vehicle is cancelled and that portion of the Licence fee proportionate to the unexpired
part of the terms for which it was granted may be applied toward the fee due on the
Owner's application for a Taxicab Owner's Licence for the replacement vehicle.
EXPIRY, REVOCATION OR SUSPENSION OF LICENCES
5.
(a)
Every Licence issued under the provisions of this By-law shall, unless sooner
revoked, expire on the 31st day of December next after the date the Licence was issued.
(b)
A Taxicab Owner's Licence shall be suspended by the Engineer if the Taxicab to which
it relates is operated and in use as a Taxicab throughout less than a total of eight (8) weeks
within any period of twelve (12) consecutive months.
(c)
A Taxicab Owner's Licence shall be deemed to be suspended for the Taxicab to which
it relates if, at any time, the public liability insurance coverage for the Taxicab lapses, is
terminated for any reason, or is not maintained on that vehicle by the Owner. Such
Licence suspension shall continue until the required insurance coverage for the Taxicab
is reactivated or brought into good standing, the onus being upon the Owner to furnish
proof of same, satisfactory to the Engineer.
(d)
Any Licence issued under this By-law may be suspended or revoked by the Engineer if
it comes to the Engineer's attention that the Licence holder is no longer qualified to hold
such Licence, or that the vehicle to which the Licence relates is not mechanically fit or
where a contravention of this By-law has continued after reasonable notice to the Licence
holder regarding such contravention.
(e)
If the holder of a Licence issued pursuant to this By-law, or a principal of a corporate
holder of a Licence, is convicted of any infraction of this By-law, or of any by-law of the
City regulating traffic, or of any Provincial or Federal Act which is related to their ability
to provide service, such Licence may be revoked by the Engineer.
(f)
Where reasonably deemed necessary or prudent in the interests of public safety, the
Engineer may suspend a Licence issued pursuant to this By-law in the event of a charge
being laid or notice of offence being issued, for an infraction referred to in 5(e) above,
against the holder of a Licence, or against a principal of a corporate Licence holder.
(g)
Upon a Licence revocation, or a Licence suspension by the Engineer or upon a licence
being subjected to conditions by the Engineer, the person to whom the Licence had been
issued may file with the Engineer a written request for an appeal of such revocation,
suspension or conditions, in response to which the Council shall decide:
i)
whether Council will proceed to hear an appeal on the merits of the case; and,
ii)
if such leave to appeal is granted by Council, upon hearing the appeal to uphold
or change the revocation, suspension or condition(s), to make a new order either
suspending or revoking the Licence, or to reinstate the Licence, and any
reinstatement, or suspension of a Licence may be with stated conditions deemed
appropriate by Council.
(h)
Where the suspension, revocation or conditional status of a Licence is to be considered
at a meeting of Council, the person to whom that Licence was issued shall be notified
of the date, time and place of the meeting and shall have the opportunity to speak and
give evidence on his/her behalf.
(i)
Where a Licence is revoked, the licensee is entitled to a refund of that part of the Licence
fee proportionate to the unexpired part of the term for which it was granted.
QUALIFICATIONS FOR LICENCES
6.
(a) Every applicant for a Taxicab Driver's Licence may be examined by the Engineer, as to the
applicant's personal and driving history deemed relevant to the responsibilities of the
Driver position and the applicant's driving record and suitability to hold a Taxicab
Driver's Licence. The applicant shall furnish a valid Ontario Driver Permit, and a
satisfactory Police Criminal Record Check and Vulnerable Person Check report, in such
form and extent as is then currently applicable.
(b)
Every Taxicab Owner's Licence issued under this By-law shall be conditional upon that
Taxicab being fully insured in accordance with the provisions of this By-law, and such
insurance coverage is a continuing qualification and requirement of a valid Licence at all
times.
(c)
An applicant for a Taxicab Drivers Licence shall name a Taxicab Broker with which
the Driver will be associated for Calls and dispatch purposes. No person shall be
granted a Taxicab Driver's Licence unless he/she provides written evidence that he/she
has been declared acceptable as a Taxicab Driver by the Taxicab Owner and or Broker
carrying the insurance.
(d)
No person shall be Licensed as a Taxicab Driver's Licence unless he/she is the holder of
a valid class "G" or higher category of driver's licence issued by the Province of Ontario
and is of the age of majority.
(e)
No person shall be licensed as Taxicab Owner unless the Taxicab is registered with and
licensed by the Ontario Ministry of Transportation, under a valid vehicle permit issued
to that Taxicab Owner.
(f)
Every applicant for a Licence shall pay the fee prescribed by this By-law.
(g)
Any Taxicab Owner's Licence or Taxicab Broker's Licence issued under this By-law can
only be transferred with the approval of the City and to persons approved by the City,
and upon the proposed transferee applying to the City for such approval and complying
with all provisions of this By-law relevant to such Licence, such approvals may be
granted by:
i)
the Engineer for transfer of Taxicab Owner's Licences between
vehicles under same ownership or to any new applicant where the
total number of Taxicab Owner's Licences in the City will not thereby
increase.
ii)
the Council for transfer of Taxicab Broker's Licences and for transfer of
Taxicab Owner Licences where the issuance of a new Licence would
increase the total number of Taxicab Owner Licences within the City.
(h)
Any Taxicab Driver's Licence issued under this By-law is personal to the person to whom
it was issued and is not transferrable to any other person.
RESPONSIBILITIES OF AN OWNER
7.
For each Taxicab owned, every person licensed as a Taxicab Owner shall, for each
Taxicab licensed by that Owner:
(a)
Keep a record of all Calls answered by the Taxicab showing date, time, origin,
destination, vehicle licence number and Driver and for each Accessible Taxicab also keep
a record of whether each such Call was for a passenger with a mobility disability or a
person without such a disability. Such records shall be kept in an orderly manner for a
period of twelve (12) months after the expiry or other termination of the Taxicab Owner's
Licence and shall be available upon request for inspection by the Engineer or a Municipal
Law Enforcement Officer designated by the Engineer.
(b)
Equip the Taxicab with a suitable display frame to hold the Taxicab Driver's identification
card and tariff card and shall place such frame in the Taxicab so as to enable such cards
be seen and conveniently read by any person engaging the Taxicab, including persons
with disabilities, and provide in the Taxicab and make available for inspection at any time
a notifications in Braille identifying the Taxicab Owner, the Taxicab Driver and the
Taxicab Licence number and fleet vehicle unit number.
(c)
Equip each Taxicab with a taximeter and such other equipment and Taxicab apparatus
as are required under the provisions of this By-law.
(d)
Maintain each Taxicab in good condition, complying with all applicable safety and
mechanical fitness requirements in accordance with this By-law, and as required by
provincial statutes and regulations, including for Accessible Taxicabs the requirements
of RRO 1990 Regulation 990 as amended and Canadian Standards Association Standard
D409-02, as amended.
(e)
Submit to the Engineer, prior to issuance of a new Licence, a Licence renewal or Licence
transfer for a Taxicab, and again six (6) months after the date of each such issuance,
written certification by a licensed mechanic or other qualified person satisfactory to the
Engineer certifying:
i)
that the Taxicab meets the Mechanical Fitness Certificate requirements as
set by the Province of Ontario;
ii)
that the installations required under Section 11 of this By-law have been
completed and all Taxicab apparatus required under this By-Law are
properly installed, well maintained and functioning properly, and;
iii)
that no hazards for Taxicab passengers arise from the condition or disrepair of
the vehicle or any of its components;
Provided that for Taxicabs having been driven less than two hundred thousand
(200,000) kilometers such written certification is only required to include the said
Mechanical Fitness Certificate once per year at the date of issuance of the Licence,
Licence renewal, or Licence transfer.
(f)
In addition to any other requirements under this By-law, provide, upon request of the
Engineer at any time, a Mechanical Fitness Certificate for the Taxicab or other proof,
satisfactory to the Engineer of mechanical fitness and compliance with the requirements
of this By-law and provincial standards for vehicles including the requirements of RRO
1990 Regulation 990 as amended and Canadian Standards Association Standards D409-
02 as amended.
(g)
Maintain in good standing for each operating Taxicab, adequate and appropriate
insurance including not less than the insurance coverage required by this By-law,
being coverage that shall indemnify and protect the Owner and the public, including
passengers carried in such Taxicab, for a minimum of two million dollars
($2,000,000.00) liability for bodily injury or death of any person, and for damage to any
property.
(h)
Immediately notify the Engineer when insurance for a Taxicab is cancelled, suspended
or terminated for any reason. Such notification is to be in writing delivered by either
electronic mail, or personal delivery, and in no case shall such notification be made
later than the business day after any such cancellation, suspension or termination of
insurance.
(i)
Provide notice to the Engineer, in the same manner, whenever lapsed insurance coverage
is reinstated, in compliance with the Licence requirements of this By-law, on a Taxicab
for which an otherwise valid Taxicab Owner's Licence has been held.
(j)
Within forty-eight (48) hours after disposing of, or replacing, any Taxicab licensed under
this By-law attend at the office of the Engineer and surrender the Taxicab Owner's
Licence and the accompanying metal Taxicab Owner's Licence plate held by the Owner,
or in lieu of surrendering same, transfer such Taxicab Driver's Licence to a new vehicle
subject to application and approval upon compliance with the requirements of this By-
law.
(k)
Require that each person operating the Owner's Taxicab be a Driver properly licensed as
such under this By-law.
(l)
Require that each Taxicab Driver operating an Accessible Taxicab owned by the Owner
has:
(i)
been adequately trained in the use and functions of the devices and modifications
with which the Accessible Taxicab is equipped for serving persons with mobility
disabilities;
(ii) satisfactorily completed a sensitivity course, satisfactory to the Engineer,
pertaining to the transportation of physically disabled persons.
(m)
Provide notice to the Engineer, and to the Licensed Taxicab Broker(s) who dispatches
the Owner's Accessible Taxicab(s), regarding each Taxicab Driver who has completed
the training referred to in 7(m) above in connection with the Taxicab Owner's Accessible
Taxicabs, and, with such notice furnish proof satisfactory to the Engineer, confirming
successful completion of such training.
(n)
In accordance with Section 11(f) of this By-law prominently display on the rear bumper
of the Taxicab, the metal Taxicab Owner's Licence plate provided by the Engineer.
RESPONSIBILITIES OF A DRIVER
8.
(a)
Every person licensed asa Taxicab Driver under this By-law shall keep a daily record of all
trips made by him/her and such record shall contain the following information:
(i)
The Provincial motor vehicle licence number of the Taxicab and the number of the
Taxicab Owner's Licence.
(ii)
The name and address of the driver and the identification number pertaining to the
Taxicab Driver's Licence.
(iii)
The amount of the fare collected for each trip.
(iv)
The date, time, origin and destination of each trip and the number of passengers
carried.
(v)
When operating an Accessible Taxicab, the number of trips made for passengers with
mobility disabilities and the number of trips made for passengers not having mobility
disabilities.
Every Driver who drives a Taxicab of which he/she is not the Owner shall, at the end of the
Driver's workday, deliver to the Owner, a copy of the daily record of all trips by the Driver for
the day.
Every Driver who drives an Accessible Taxicab shall at the end of the Taxicab Driver's
workday, deliver to the Broker who dispatches the Driver, a copy of the record described in 8
(a)(vi) above.
(b)
Every person Licensed as a Taxicab Driver under this By-law shall:
(i)
Upon request of the Engineer, provide satisfactory proof of continued compliance
with the application requirements for Taxicab Drivers as described in this By-law;
(ii)
promptly inform the Engineer of any suspension or restriction of the Driver's
driving privileges under his or her provincial drivers permit, and of all
pertinent convictions, charges or notices referred to in Sections 5 (d) and (e) of this
By-law;
(iii)
Upon request of any police officer, provide full information as to the passengers
carried;
(iv)
When operating a Taxicab, place in the display frame provided, their Driver's
identification card furnished by the Engineer, such frame to be positioned so that such
cards may be conveniently seen and read by passengers including passengers with
disabilities. The Driver shall permit any person to make note of the information on such
identification cards and shall make available for inspection the Notifications in Braille
provided by the Owner in accordance with Section 7(b) of this By-law.
(v)
While on duty, be neat and clean in their appearance. For the purpose of this
section "neat and clean" shall mean:
(1)
No torn, dirty or frayed clothing shall be worn, and
(2)
T-shirts, halter tops and muscle shirts, as articles of Driver's
clothing, are to be discouraged;
(vi)
Punctually keep all passenger appointments and engagements and while on duty serve
any person who may lawfully require a Taxicab at any place within the City at any
specified time, whether by day or night, unless the Driver's Taxicab has been
previously engaged, and the Driver shall not neglect to fulfill the Driver's passenger
appointments or engagements, except for reason(s) beyond the Driver's control;
(vii)
When operating an Accessible Taxicab, give priority to the use of the Accessible
Taxicab for passengers who have mobility disabilities, and thereafter permit its use for
passengers who do not have such disabilities.
(viii)
Take due care of all property delivered or entrusted to the Driver and accepted by the
Driver for conveyance or safekeeping. Immediately upon termination/completion of
any hiring or engagement, the Driver shall search the Taxicab for any property lost or
left therein by a passenger and all property or money left in the Taxicab shall be
forthwith delivered over to the person owning same, or if the owner of such property or
money cannot be found at once, to the Officer in Charge of the St. Thomas Police
Service with all information in the Driver's knowledge regarding same;
(ix)
Travel by the most direct route to the point of destination unless otherwise directed by
the person engaging the Taxicab;
(x)
Search each Taxicab operated by the Driver at the beginning and the termination of the
Driver's daily work period in the Taxicab, for any alcoholic beverages, drugs and
apparently illegal or unexplained goods all of which shall be turned over to St. Thomas
Police Services Officers, or as they may direct, and the Driver shall report same to the
Taxicab Owner;
(xi)
Apply to renew the Licence issued to him/her pursuant to this By-law prior to the expiry
date in each year and either furnish the required application information for renewal, or
surrender the Driver's identification card and tariff card to the Engineer;
(xii)
While carrying passengers for hire within the City, operate only Taxicabs properly
licensed with a Taxicab Owner's Licence and only under dispatch from either the
Taxicab Owner or a Taxicab Broker, whichever is applicable under this By-law.
(c)
No Driver shall:
(i)
Solicit any person to take or use his/her Taxicab by calling out or shouting or engaging
in any interception or solicitation that could reasonably interfere with the choice of
Taxicab by a person wishing to engage a Taxicab;
(ii)
Employ or allow any runner, agent or other person to assist or act in concert with the
Driver in obtaining any passenger in the City;
(iii)
Induce any passenger to employ the Driver by either knowingly, wantonly, or willfully
misinforming, misleading, or deceiving such passenger as to the arrival or departure of
any public conveyance or the location or distance from any departure point in the City
to any place of destination;
(iv)
In any manner or form impose upon, deceive, cheat, insult, abuse or ill treat any
passenger;
(v)
Take, consume, or have in his/her possession, any intoxicant while in charge of a
Taxicab, nor be in charge of a Taxicab while the prior use of an intoxicant by the
Driver is apparent;
(vi)
In connection with operation of a Taxicab obstruct the use of any sidewalk or street,
make loud noises likely to disturb, otherwise cause disturbance, use abusive language,
molest, insult or unduly annoy any person;
(vii)
Carry in any Taxicab a greater number of persons than such Taxicab is intended to seat
according to the manufacturer's rating or seven (7) persons, whichever is the lesser;
(viii)
When operating an Accessible Taxicab, accept a Call for service to a passenger who
does not have a mobility disability while the Taxicab Driver is aware of an outstanding
Call for transportation of a person with a mobility disability;
(ix)
Be in a disorderly house as defined in the Criminal Code of Canada or in any place
where liquor is illegally sold or kept for sale, nor direct any person to a place where
liquor is illegally sold or kept for sale, nor permit a Taxicab to be used for transporting
persons to such places;
(x)
Carry in a Taxicab while on duty or available for Call, any passengers other than those
employing the Driver's service for which a fare is charged in accordance with the
Tariff under this By-law;
(xi)
Allow any patently indecent or disorderly conduct in the Taxicab of which he/she has
charge;
(xii)
Knowingly drive or permit to be driven in his/her Taxicab any person while such
person is engaging in or abetting illegal activities;
(xiii)
Engage in the delivery of liquor as defined in the Liquor Licence Act of Ontario by
Taxicab unless such delivery is carried out pursuant to the Liquor Licence Act of
Ontario and/or Regulations thereunder;
(xiv)
Work as a Taxicab Driver for more than twelve (12) hours within any fifteen (15)
consecutive hours or for more than sixteen (16) hours in any twenty-four (24)
consecutive hours.
(xv)
Work as a Taxicab Driver of an Accessible Taxicab until the Taxicab Driver has:
1. Been adequately trained in the use and functions of the devices and modifications with
which the Accessible Taxicab is equipped for serving persons with mobility
disabilities; and
2. Successfully completed a sensitivity course, satisfactory to the Engineer, pertaining
to the transportation of physically disabled persons.
RESPONSIBILITIES OF TAXICAB BROKER / DISPATCH COMPANY
9.
Every person licensed as a Taxicab Broker shall:
(a)
Require that all Drivers dispatched by the Taxicab Broker are medically fit to drive
Taxicabs and have been approved by the company providing the insurance coverage for
the Taxicab(s) in use;
(b)
Upon completion of the daily work period of each Driver dispatched by the Taxicab
Broker, record the meter readings for the Taxicab(s) used by the Driver and the date and
time the Taxicab was returned by the Driver;
(c)
Check the daily record of trips as kept by each Driver dispatched and require an entry for
each trip recorded on the Taximeter of the Taxicab operated by such Driver;
(d)
Where one or more Accessible Taxicabs are dispatched by the Taxicab Broker, retain for
not less than 2 years, the records referred to in Section 8(a)(vi) of this By-law as submitted
by Taxicab Drivers of Accessible Taxicabs;
(e)
Prepare and deliver to the Engineer within 30 days prior to June 15th and prior to
December 15th of each year a list of:
(i)
the names of the Owner or Owners operating Taxicabs dispatched by such
Taxicab Broker and the number of Taxicabs operated by each such
Owner;
(ii)
the number of those Taxicabs which are Accessible Taxicabs dispatched by
such Taxicab Broker;
(iii)
the names of all Drivers currently being dispatched by such Taxicab
Broker, and;
(iv)
a summary in a form satisfactory to the Engineer, compiled from the
records referred to in 9(d) above.
(f)
Keep a record of all Calls received or dispatched, stating date, time, origin, Ontario
vehicle licence number and Driver. Records shall be retained in an orderly manner for
twelve (12) months, and be open for inspection by the Engineer and/or a person
designated by the Engineer;
(g)
Exercise due diligence to ensure that all Taxicabs and Drivers dispatched by the Taxicab
Broker are at all times properly licensed and fully insured in compliance with this By-
law;
(h)
Not permit any Driver, dispatched by the Taxicab Broker, to work more than twelve
(12) hours within any fifteen (15) consecutive hours or more than sixteen (16) hours in
any twenty-four (24) consecutive hours;
(i)
Not knowingly dispatch an Accessible Taxicab to provide transportation for a person who
does not have a mobility disability while there is an outstanding Call for transportation
of a person who does have a mobility disability;
(j)
Provide proof, satisfactory to the Engineer, verifying compliance with any
of the above responsibilities, when requested by the Engineer.
(k)
Apply to renew the Taxicab Broker's Licence issued to the Taxicab Broker pursuant to
this By-law prior to the expiry date in each year, or surrender such Licence at or before
expiry after giving the notice required under this By-law;
GENERAL PROVISIONS
10.
(a)
Every person licensed under this By-law shall, upon changing their address, notify
the Engineer not less than forty eight (48) hours in advance of the change, giving
their new address and other new contact information, in writing;
(b)
Every Taxicab Driver and Taxicab Owner shall, upon changing the Broker by whom they
are dispatched, notify the Engineer not less than 48 hours after making the change of
Broker;
(c)
Every Owner and Driver of a Taxicab licensed under this By-law shall keep the interior
and exterior of such Taxicab clean and in good repair. For the purpose of this section
"clean and in good repair" shall mean:
(i)
Carpets, ceiling and seat fabric for passenger use or in passenger view shall not
be torn, dirty or frayed;
(ii)
The interior of the Taxicab shall be thoroughly cleaned no less than every second
day;
(iii)
All means of entrance and exit from the Taxicab shall be in good working
condition and operate as designed at all times;
(iv)
On Accessible Taxicabs all accessibility modifications and designs shall be in
good working condition and operate as designed at all times;
(v)
The exterior of the Taxicab shall be cleaned at least once every seven days and
exterior damage or deterioration shall be repaired expeditiously whenever damage
or deterioration becomes visible;
(vi)
Comfort options such as air conditioning shall be kept in good repair and
operational at all times.
(d)
Each specific trip performed for a fare by a Taxicab or a Limousine shall be exclusively
for the transportation of one person or one group of persons in the same party, and one
fare shall be collected for the trip arising from the Call. No Driver, Owner, or Taxicab
Broker nor any Owner, operator or Driver of a Limousine shall cause or permit a Taxicab
or Limousine to be used otherwise, nor collect or permit to be collected more than a single
fare for each such Call by a Taxicab or Limousine.
(e)
Any act authorized or directed to be done under the provisions of this By-law by the
Engineer may be done by any designated employee or agent of the City except that the
Engineer's power to suspend or revoke licences shall not be exercised by anyone other
than the Engineer, or in his absence, by Council.
(f)
Where, by the provisions of this By-law, any person is required to provide any
information to the Engineer, the Engineer may require that such person provide such
information in a statutory declaration sworn by the person.
(g)
Any act done by, or by authority of, the Engineer in relation to the issuance, refusal,
transfer or status of a Licence under any provision of this By-law shall be subject to
an appeal to Council by any person who believes he/she is aggrieved by such act, and
the procedure for such appeal shall be the same as set out in Sections 5 (g) and 5(h) of
this By-law.
EQUIPMENT AND SIGNAGE
11.
(a) "The Owner and Driver of each taxicab shall ensure that there is securely attached upon the
exterior of the roof of the taxicab an illuminated electric sign indicating the vehicle is a taxicab
and the name of the fleet or taxicab broker under which it operates."
(b)
The Owner and Driver of each Taxicab shall ensure that there is securely attached to the
front, rear and the left and right sides of the vehicle, a vehicle unit number having a
minimum height of 100 mm and in a contrasting colour contrasting with the vehicle's
exterior paint color. The vehicle unit number shall be easily read from a distance of 60
meters from the vehicle.
(c)
The Owner and Driver of each Taxicab shall ensure that a valid Taxicab Licence plate,
issued by the Engineer for that Taxicab, shall be:
(i)
securely attached to the rear bumper near the right end of the
bumper when viewed from behind, at a position consistent with
plate placement on other Taxicabs of similar manufacture and
model; and
(ii)
clearly visible and not obscured by dirt or rust, nor otherwise altered
or discoloured.
(d)
In addition to complying with all other Taxicab Owner and Driver requirements of this
By-law, Taxicab Owners and Taxicab Drivers operating Accessible Taxicabs shall:
(i)
ensure that all wheelchairs being transported within the Taxicab are
securely fastened so as to prevent them from moving when the Taxicab
is in motion;
(ii)
ensure that the Accessible Taxicab:
is equipped with an extra tire, wheel and jack ready for use for that vehicle;
is in compliance with R.R.O. 1990, Regulation 629, as amended and
Canadian Standards Association's Standard D409-02, and all other
applicable federal and provincial legislation and Regulations as established
from time to time; and
has wheelchair tie downs that comply with the regulations set out above.
VEHICLES USED AS SHUTTLES AND LIMOUSINES/TRANSITVEHICLES
12.
(a) Vehicles operated by or for the St. Thomas Railway City Transit (RCT) and any persons with
whom RCT enters into a contract for parallel services, while actually engaged in
performing such contract services, are exempt from this By-law.
(b)
Shuttles and Limousines supplied at no cost to the passenger and/or customer are exempt
from this By-law where used by:
(i)
hotels/motels or private party hosts for their guests; or
(ii)
car dealerships, automotive repair businesses and the like, who offer
courtesy rides for their customers.
(c)
Persons engaged in providing passenger transportation services under contract with a
school, a board of education, a community service agency or long term care facility shall
be exempt from the provisions of this By-law while engaged in performing such contract
services.
OFFENCES
13.
Continuation - repetition of offence - prohibited
The court in which a conviction has been entered for contravention of this By-law and any other court
of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of
the offence by the person convicted, and such order shall be in addition to any other penalty imposed
by the court on the person convicted.
14.
Contravention of By-Law
Any person contravening any provision of this by-law is guilty of an offence and upon conviction is
liable to a fine of not more than five thousand dollars ($5,000.00) as provided for in the Provincial
Offences Act, R.S.O. 1990, Chapter P.33, or any successor thereof.
MISCELLANEOUS
15.
Short Title
This By-law may be referred to as the Taxi By-law.
16.
Validity
Notwithstanding that any Part or Parts of this By-law, or sections thereof, may be found by any court
of law to be unenforceable or illegal or beyond the power of the Council to enact, such ineffective Part,
Parts or sections of this By-law shall be deemed to be severable and all other Parts or sections of this
By-law, being separate therefrom and independently enacted as such, and shall continue in full force
and effect.
REPEAL
17.
That By-Law 21-2022 be and it is hereby repealed.
EFFECTIVE DATE
This By-law shall come into force on the day of its final passing.
READ a First and Second time this 7th day of March, 2022.
READ a Third and Finally passed this 7th day of March, 2022.
original signed by Maria Konefal
original signed by Joe Preston
Maria Konefal/Clerk
Joe Preston, Mayor
SCHEDULE "A" TO BY-LAW NO. 145 - 2013
FEES:
A Licence fee shall be payable to the City on the issue of a Licence. The fees payable shall be
as follows:
(i)
The Broker's Licence fee shall be a onetime fee in the amount of $1,500.00 payable by
a Taxicab Broker and by a Taxicab Owner acting as a Taxicab Broker at the
commencement of the initial year of operation;
(ii)
The Owner's Licence fee payable by an Owner for each Taxicab Owner's Licence
issued to the Owner shall be a onetime fee of $1,000.00 payable at the commencement
of the initial year of the Licence;
(iii)
The Owner's Licence renewal fee payable annually on the renewal of each Taxicab
Owner's Licence shall be $100.00.
(iv)
The fee for transfer of a Taxicab Owner's Licence from one Taxicab vehicle to another
Taxicab vehicle, owned by the same Owner, shall be $10.00.
(v)
The annual Taxicab Driver's Licence fee payable on the issuing of a Taxicab Driver's
Licence, and thereafter annually on the renewal of the Licence, shall be$15.00.
(vi)
To replace a lost or stolen Taxicab Driver's Licence or upon transfer of a Taxicab
Driver's Licence from one Taxicab Broker to another shall be $5.00.
By-law No.145 - 2013
To provide for licensing, regulating and governing
Owners/Drivers of Taxicabs and motor or other vehicles used for
hire and for other purposes within the City of St. Thomas.
Part 1 Provincial Offences Act
Set Fine Schedule
Item
Short-form wording
Provision
creating or
defining
offence
Set Fine
1.
Keep a Taxicab for hire without Taxicab Owner's Licence
3 (a) (i)
$1,000.00
2.
Drive a Taxicab for hire without Taxicab Driver's Licence
3 (a) (ii)
$300.00
3.
Act as a Taxicab Broker without Taxicab Broker's Licence
3 (a) (iii)
$1,000.00
4.
Failure by Taxicab Owner to keep record of all Calls
7 (a)
$105.00
5.
Failure by Taxicab Owner to submit Taxicab for inspection
7 (d)
$105.00
6.
Failure by Taxicab Owner to maintain insurance
7 (e)
$1,000.00
7.
Failure by Taxicab Owner to notify of insurance change
7 (f)
$55.00
8.
Failure by Taxicab Owner to notify of Taxicab replacement
7 (g)
$55.00
9.
Failure by Taxicab Owner to display plate
7 (i)
$55.00
10.
Failure by Taxicab Owner to provide Mechanical Fitness
Certificate
7 (k)
$200.00
11.
Failure by Taxicab Driver to maintain daily record of trips
8 (a)
$200.00
12.
Failure by Taxicab Driver to display Driver's identification
card
8 (b) (iii)
$55.00
13.
Failure by Taxicab Driver to be clean and neat in appearance
8 (b) (iv)
$55.00
14.
Failure by Taxicab Driver to keep appointment
8 (b) (v)
$55.00
15.
Failure by Taxicab Driver to return property lost or left
therein
8 (b) (vi)
$55.00
16.
Failure by Taxicab Driver to travel most direct route
8 (b) (vii)
$55.00
18.
Taxicab Driver take, possess or consume intoxicant while in
charge of Taxicab
8 (c) (ii)
$500.00
19.
Taxicab Driver obstruct use of sidewalk
8 (c) (iii)
$55.00
20.
Taxicab Driver employ person to obtain fare
8 (c) (iv)
$55.00
21.
Taxicab Driver allow greater number of persons
8 (c) (v)
$105.00
22.
Taxicab Driver misinform passenger
8 (c) (vi)
$55.00
23.
Failure by Taxicab Broker to ensure Drivers are medically fit
9 (a)
$105.00
24.
Failure by Taxicab Broker to record daily meter reading
9 (b)
$105.00
25.
Failure by Taxicab Broker to record daily trips
9 (c)
$105.00
26.
Failure by Taxicab Broker to prevent Driver to work longer
consecutive period than permitted
9 (d)
$200.00
27.
Failure by Taxicab Broker to keep record of Calls dispatched
and received
9 (g)
$105.00
28.
Failure to provide change of address within 48 hours
10 (a)
$55.00
NOTE: The general penalty provision for the offences listed above is found in Section 61 of the
Provincial Offences Act, RSO 1990, c. P.33.