Vehicles for Hire Bylaw No. 2199

North Battleford, Saskatchewan

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CITY OF NORTH BATTLEFORD SASKATCHEWAN BYLAW NO. 2199 A BYLAW OF THE CITY OF NORTH BATTLEFORD IN THE PROVINCE OF SASKATCHEWAN TO REGULATE THE OPERATION OF VEHICLES FOR HIRE BYLAW. WHEREAS, Subsection 4(1) of The Vehicles for Hire Act, S.S. 2018, c. V-3.2, permits a city to make bylaws respecting the regulation and licensing of transportation networks and transportation network companies; and WHEREAS, Section 10 of The Vehicles for Hire Regulations, pc. V-3.2, Reg. 1, permits a city to make bylaws requiring transportation network companies to establish a complaints process for accepting, recording, reviewing and responding to complaints from the public; and WHEREAS, Clause 8(1)(b) of The Cities Act, S.S. 2002, c. C-11.1, permits a city to make bylaws in relation to safety, health, and welfare of people and the protection of people and property; and WHEREAS, Clause 8(1)(h) of The Cities Act permits a City to make bylaws in relation to businesses, business activities and persons engaged in business; and WHEREAS, Clause 8(2)(a) and (b) of The Cities Act permits a City to make bylaws in relation to creating offences, including continuing offences. WHEREAS, pursuant to Subsection 8(3) of The Cities Act the power to pass bylaws includes the power to: (a) regulate or prohibit; (c) provide for a system of licenses, inspections, permits or approvals; (i) establish fees for the license; (iii) prohibit any business until a license has been granted or an inspection performed; (iv) impose terms and conditions on any license; (vi) impose conditions that must be met before a license is granted or renewed; (vii) provide for the duration of licenses and their suspension or cancellation for failure to comply with a term or condition of a bylaw or for any other reason specified in the bylaw; Bylaw No. 2199 Page 2 of 19 (ix) provide for an appeal, the body that is to decide the appeal and related matters; and WHEREAS the City of North Battleford desires to enact a bylaw to regulate and license vehicles for hire, including taxi services and other transportation network companies, in the City of North Battleford; and NOW THEREFORE the Council of the City Of North Battleford in the Province of Saskatchewan, in an open meeting assembled, hereby enacts as follows: PART I - ADMINISTRATION SHORT TITLE 1. This bylaw may be cited as The Vehicles for Hire Bylaw. DEFINITIONS 2. Definitions contained in The Vehicles for Hire Act, The Vehicles for Hire Regulations shall apply in this Vehicles for Hire Bylaw. a) "Act" means The Vehicles for Hire Act. b) "Chauffeur" means a person who drives a limousine and is subject to the Vehicle for Hire Driver Regulations. c) "city" means the community inside the jurisdictional boundary of the City of North Battleford. d) "City" means the corporation of the City of North Battleford operating under the statutes and regulations of the Province of Saskatchewan. e) "City Vehicle Inspection" means an inspection of the safety equipment issued by the City to a Business for a vehicle in the control of the Business to operate in the City as a vehicle for hire. f) "Conviction" means a conviction or a guilty plea and includes a conviction of any business entity for which the applicant had, at the time of the prescribed criminal offence leading to the conviction, a management responsibility or a controlling interest. g) "Council" means the Council of the City of North Battleford. h) "Designated Officer" means a Bylaw Enforcement Officer, Community Safety Officer, Peace Officer, North Battleford Chief of Police, Provincial Marshalls, RCMP Officer designated under this bylaw to carry out inspections, investigations and enforcement actions under this Bylaw. i) "Dispatch services" means the act of receiving, sending, directing or providing contact services to a: (a) Driver, operating a Vehicle, for the purpose of offering or providing transportation to a Passenger(s); Bylaw No. 2199 Page 3 of 19 (b) Driver, operating a Vehicle, to attend at a prospective Passenger's requested location; (c) any other action that involves a Passenger or prospective Passenger and or Driver, operating a Vehicle, being in the same place at the same time for the purpose of providing the Passenger with transportation services, regardless of whether the transportation services were actually provided to the Passenger. j) "Emergency Contact Services" means providing a Vehicle For Hire Driver with a live point of contact to assist in cases where a Driver may be concerned about their safety or emergency situations. k) "Coordinator" means a person or persons appointed by the City Manager to administer the Vehicle for Hire Program as established in this Bylaw. l) "Fare Metre" means a mechanical or electronic device installed in Vehicles for Hire that calculates and displays the Passenger's Trip cost in real-time based on a combination of distance traveled and waiting time (such as idling in traffic) m) "License Inspector" means the person(s) designated as the License Inspector in the Business License Bylaw, n) "Limousine" means, a luxury class vehicle operated by a Limousine Business, operated in compliance with this bylaw. o) "Passenger" means a person who is travelling in the vehicle, not operating or working in it. p) "Street Hailing" means offering, soliciting, or accepting offers to provide transportation services, that is not: (a) received through a Dispatch Service for specific Passengers at a specified pickup location; or (b) prearranged service. q) "Taxicab" means a motor vehicle with manufacturer's seating capacity originally designed for Passengers, subject to the regulations, and also includes a van. r) "Transportation Network" means, subject to the regulations, an online-enabled application, a digital platform, a software program, a website or other system or technology platform offered, used or operated by a transportation network company to enable a person to obtain a vehicle using its vehicle for hire service. s) "Transportation Network Company (TNC)" means a person or other prescribed entity that operates a transportation network and provides dispatch services. t) "Trip" means travel starting at a location and proceeding to a destination. A Trip will have only two Trip ends; the starting and the completion ends. A Trip can start and end at the same location. A Trip that starts, proceeds to a destination, stops, and then proceeds to another destination is considered two Trips. For the purposes of application of this bylaw, a Trip starting in one of the Urban Reserves in the City is considered a Trip starting within the City. Bylaw No. 2199 Page 4 of 19 u) "Vehicle for Hire Business" (herein referred to as Business) means a business with a valid City of North Battleford Business License issued to provide paid services to the public for the transportation of people in the City. v) "Vehicle for Hire Driver" (herein referred to as Driver) means a person who has a valid Vehicle for Hire Driver's license issued by the City. w) "Vehicle for Hire Driver's License" (herein referred to as City Driver's license) means a license to operate a Vehicle for Hire Vehicle issued by the City of North Battleford Police Chief or their designate. x) "Vehicle for Hire Vehicle" (herein referred to as Vehicle) means any vehicle licensed under this bylaw to be used to provide paid services to the public for the transportation of people. y) "VIN" means Vehicle Identification Number that is given to the vehicle by the Vehicle Manufactured. z) "Vehicle License" means a license assigned to a vehicle for hire vehicle issued by the City. PURPOSE 3. This Bylaw applies to the operation of vehicles used or offered for the transportation of at least one (1) Passenger in return for a fare or other fee from any place within the City to a destination either within or outside of the City. 4. This Bylaw does not apply to: (a) a vehicle owned or operated by or on behalf of the City; (b) towing service and emergency vehicles; (c) any service where the Passenger is regularly driven without a fare, compensation or other fee; (d) busing operations for school boards, First Nations, or the City; (e) First Nation owned medical shuttles or similar medical aid operations. SEVERABILITY 5. In the event that any portion of this Bylaw is declared ultra vires by the Court of the King's Bench or Supreme Court of Canada, then such portion shall be deemed severed from the Bylaw to the extent and the remainder of this Bylaw shall continue in force and effect. 6. Where a provision of this Bylaw conflicts with the provision of another City Bylaw, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail. SCOPE OF THE BYLAW 7. This Bylaw applies to all businesses, vehicles, Drivers and dispatchers engaged in providing paid transportation services for people within the geographical jurisdiction of the city. Bylaw No. 2199 Page 5 of 19 GENERAL REGULATIONS 8. No person shall carry on or engage in the business of operating a Vehicle for Hire in the city without having met the requirements of this Bylaw. 9. The practice of Street Hailing or waiting for potential fares can only be practiced by a Driver while operating a Taxicab Vehicle. 10. The following forms of Vehicle for Hire Business models are permitted: (a) Taxicab (b) Limousine. 11. The Business and Driver shall not permit any person to smoke or vape in a Vehicle while it is providing transportation services. COORDINATOR 12. The City Manager may designate or carry out any of the responsibilities of the Coordinator at any time as outlined in this Bylaw. 13. The Coordinator is responsible for conducting all administrative procedures required by the Vehicle for Hire Program, VEHICLES FOR HIRE LICENSED BY OTHER MUNICIPALITIES 14. A Vehicle for Hire that is not licensed under this bylaw may not pick up Passengers in North Battleford. 15. A Vehicle for Hire not licensed by the City and licensed by another municipality may only: (a) convey a Passenger originating outside the city, through the city or to a single destination in the city, and (b) drop off Passengers at one location within the City. 16. The bylaws of the municipality in which the Trip started governs the operation of a Vehicle for Hire for the duration of the Trip. 17. Notwithstanding Section 15, a Trip through the city or to a destination in the city. A destination in the city is considered to be a place: (a) where a Passenger exits the vehicle, (b) where a Passenger or Driver performs business or business transactions from the vehicle, which can include restaurant drive and banking drive throughs, and merchandise pickups from business. PART II - BUSINESSES GENERAL BUSINESS REGULATIONS 18. Every Vehicle providing paid transportation services for people in the city is required to operate under the Business that has been issued a City Business License. Bylaw No. 2199 Page 6 of 19 19. A Business providing vehicle for hire services shall be an incorporated entity within the Province of Saskatchewan. 20. All Businesses providing paid transportation services in the city must have a physical office located in the city. 21. The location of the business must have adequate space onsite for parking and storage of all vehicles associated with the business including: (a) vehicles for hire; and, (b) the personal vehicles of Drivers and employees. 22. All Businesses shall maintain accurate records of the operations of each Vehicle and make the same available to the City upon request. 23. At a minimum the following records must be kept: (a) when the Vehicle is in service, including: i) the time a request for service is received by the Business; ii) the time the Vehicle is dispatched; iii) the address, approximate location, or other description where the Trip starts; iv) the time the Trip begins; v) time the Trip begins minus the time the request was received (Passenger wait time for pickup); vi) the time the Trip concludes; vii) the total number of Passengers; viii) the destination of the Trip; ix) if the Trip involved the conveyance of a person with a mobility related disability; x) running total of the number of Trips per day; (b) the Driver's License number of each Driver; (c) the vehicle maintenance records of each vehicle; (d) how Emergency Contact Services are being provided at the time a Vehicle is in service; (e) notices of refusal of service; and, (f) record of all complaints made to the business. 24. Businesses are not required to own the vehicle operating as a vehicle for hire for the business. 25. The Business is responsible for: (a) ensuring Drivers hold a valid Saskatchewan Driver's License; (b) City Driver's License; (c) ensuring Drivers maintain their City Driver's License; Bylaw No. 2199 Page 7 of 19 (d) reporting any Drivers that are no longer working for them to the City within five (5) business days; (e) providing the Coordinator with any updates to the Emergency Contact Plan; (f) ensuring the Emergency Contact Plan is working; and, (g) only providing services with a vehicle that has a valid Vehicle License. 26. A Business is permitted to charge a reasonable additional fee, where a Passenger has soiled a vehicle and that vehicle is required to be taken out of service for cleaning. EMERGENCY CONTACT SERVICES 27. A Business must provide Emergency Contact Services to Drivers whenever a vehicle is operating as a vehicle for hire. 28. The Driver must be able to contact the Emergency Contact Service from the vehicle at any time as their first point of contact if the Driver is concerned about their safety. 29. A Business may provide Emergency Contact Services under their business license using their own employees or may hire the services from another business including a dispatch service. 30. When providing Emergency Contact Services, the person providing Emergency Contact Services cannot be located in or provide the emergency contact services out of a vehicle. 31. The person providing Emergency Contact Services must be able to contact emergency responders while talking to the Driver. TAXICAB BUSINESS REGULATIONS 32. A Taxicab Business must provide full service to the City by operating twenty-four (24) hours a day, seven (7) days a week. 33. Notwithstanding Section 32, a Taxicab business must: (a) have a minimum of four (4) cars operational at all times. (b) maintain enough Drivers to operate on a twenty-four (24) hour a day, seven (7) days a week basis. 34. A Taxicab business is free to determine how they will obtain Dispatch Services. 35. A Taxicab business is required to have their Dispatch Service collect the following information and share it with the Driver: (a) name(s) of the potential Passengers; (b) number of potential Passengers (c) if the requester is not a potential Passenger an assessment of the Passenger(s) condition; (d) address of pickup; and, (e) address of drop off. Bylaw No. 2199 Page 8 of 19 36. Subject to Section 35, a Dispatcher or Driver can refuse to provide services in accordance with Section 96. 37. A City licensed Taxicab Business is permitted to set their own fees for service. These fees may be: (a) flat rate charges; (b) per kilometer rates; (c) time based rates; or, (d) any combination of the above. 38. A Taxicab Business is required to collect a $10 pre-paid deposit for services to be provided before the start of a Trip within the city and the full cost of the Trip outside of the city. 39. Notwithstanding Section 38, and excluding circumstances where the Driver does not receive total payment for a fare, a pre-paid deposit must be: (a) deducted from the total fare amount; (b) any remaining fare amount exceeding the total fare repaid to the Passenger. 40. A Taxicab must charge a minimum base of $5 per Trip. 41. All Vehicle for Hire businesses must submit a report to the Coordinator on a quarterly basis utilizing the Vehicle for Hire Quarterly Reporting Checklist attached and forming part of this Bylaw as Schedule "B" LIMOUSINE BUSINESS REGULATIONS 42. A Limousine Business must operate on a signed contract basis with the fee for services clearly noted in the contract. 43. A City licensed Limousine Business is permitted to set their own fees for service. 44. Notwithstanding Section 43, licensed limousine service fees must not be: (a) based on a per kilometer charge; or, (b) a time-based rate paid after the service is provided. 45. Limousine Businesses are not permitted to collect fees in the Vehicle and must collect fees at the place of business prior to the commencement of a Trip. 46. Notwithstanding Section 45, the Driver may accept tips in the Vehicle. 47. The Driver must carry in the Vehicle a copy of the contract for services that shows the contract was arranged and paid for prior to the start of the Trip. TRANSPORTATION NETWORK COMPANY BUSINESS REGULATIONS 48. A Transportation Network Company may be used by a Vehicle for Hire Business for Dispatch Services. Bylaw No. 2199 Page 9 of 19 BUSINESS LICENSE APPLICATIONS AND RENEWALS 49. Business licenses and renewals for Vehicle for Hire Businesses are governed by the Business License Bylaw. 50. A Vehicle for Hire Business, its Drivers or Vehicles operating under the business are not permitted to operate under an expired business license. PART III - VEHICLE LICENSING VEHICLE LICENSES 51. The City shall issue a Vehicle License for each vehicle that is fully licensed and approved by the City to operate as a Vehicle for Hire to a Vehicle for Hire Business. 52. Vehicle Licenses may not be transferred between Vehicles or Businesses. 53. A valid Vehicle License must be kept in the vehicle it is assigned to at all times. 54. All vehicles for hire shall have signage affixed to the exterior of the vehicle that identifies them as a vehicle for hire, the business the vehicle is operated by and the SGI Vehicle Standards and Inspection Decal. (a) signage shall be required for each type of service being provided. 55. All vehicles for hire shall be equipped with signs or other means that can indicate to a person outside the vehicle that the vehicle is not providing vehicle for hire services. 56. Prior to operating, new vehicle registrations are to be made to the Coordinator and will include the following: (a) proof of proper Saskatchewan vehicle registration and insurance and is licensed under The Traffic Safety Act for the Province of Saskatchewan and the regulations; (b) proof of a current vehicle safety inspection conducted by an accredited SGI mechanic within the preceding thirty (30) days; (c) an approved outfitted City Vehicle Inspection report from the Police Chief confirming the installation of emergency equipment in accordance with this Bylaw, including: i) camera; and, ii) emergency panic button. (e) payment of the Vehicle License fee outlined in Schedule "A" of this Bylaw has been received. 57. Annual Vehicle License renewals are to be made to the Coordinator and will include the following: (a) proof of proper Saskatchewan vehicle registration and insurance and is licensed under The Traffic Safety Act for the Province of Saskatchewan and the regulations; Bylaw No. 2199 Page 10 of 19 (b) proof of a current vehicle safety inspection conducted by an accredited SGI mechanic within the preceding thirty (30) days, and (c) access to the complete, outfitted vehicle for inspection to confirm information provided and the equipment installed matches the requirements outlined in this bylaw. (d) camera, emergency panic button, and any other emergency equipment match the requirements outlined in this bylaw and has been inspected and approved by the Police Chief or Designated Officer; and, (e) the SGI Vehicle Standards and Inspection Decal must be mounted on the inside of the window behind the Driver and be clearly visible from the outside of the vehicle. VEHICLE EQUIPMENT 58. Any vehicle for hire may be equipped with a safety shield installed in accordance with the safety shield's manufacture's specification. 59. All vehicles for hire shall be equipped at all times with a fully functioning security camera system that is: (a) mounted on the inside of the windshield, or another suitable position in the front of the Passenger compartment, with a minimum of two lenses, one (1) rear facing lens able to capture images of all occupants of the vehicle at any given time and one (1) facing outward towards the front of the vehicle; (b) configured to record audio; (c) store recordings separate of the camera; and, (d) store recordings for at least ten (10) business days. 60. Businesses shall provide recordings to a Designated Officer or Chief of Police when requested. 61. Notification decals, approved by the Chief of Police or Designated Officer and affixed to the vehicle notifying that the vehicle is equipped with an audio and visual recording security camera in accordance with the Vehicle for Hire Bylaw. 62. Notwithstanding Section 61, the Designated Officer shall approve the location of the security camera equipment in use. 63. Each Vehicle for Hire shall be equipped with an emergency panic button that automatically connects to the Emergency Contact. TAXICAB VEHICLE REGULATIONS 64. Taxicab Vehicles are required to: (a) be identified as 'taxis'. This may be done through decals or appropriate advertising on the vehicle, displays, or toppers. (b) have seating capacity for three (3) or more Passengers excluding the Driver; Bylaw No. 2199 Page 11 of 19 (c) has the name of the business affixed on each side front and back of the vehicle so that it can be clearly seen, 65. Advertising on the exterior of a Taxicab Vehicle must not obscure the vehicle for hires: (a) business name; (b) fee schedule; or, (c) not in service signage. 66. Taxicabs may be equipped with a Fare Metre which: (a) is required if the Vehicle charges fares based on distance traveled or time used or both. (b) is not required if the fare is a flat rate per Trip, or the fare is agreed to in a signed pre-Trip contract. 67. Where a Fare Metre is installed the schedule of fees shall be displayed where it is visible: (a) on the exterior of the Vehicle and can be easily seen by the public; (b) to the Passengers in the vehicle. 68. The Fare Metre shall be arranged and equipped so that the current fare is always visible to the Passengers. LIMOUSINE VEHICLE REGULATIONS 69. A limousine" means, a luxury class vehicle that meets the following requirements: (a) intended to be operated as a Vehicle for Hire, (b) has at least four (4) doors, (c) has seating capacity for four (4) or more Passengers excluding the Chauffeur; (d) is operated by a Chauffeur (e) is used exclusively for the transportation of Passengers; (f) has the name of the business or business logo affixed on each side and the rear of the vehicle so that it can be clearly seen with an area of not less than 30,000 mm2 (46.5 square inches); and, (g) is not equipped with a taxi meter or any equipment designed to calculate a Passenger fare based on time or distance traveled. 70. Notwithstanding Section 69, limousines that are used by a funeral home that are only used as part of funeral services are not considered vehicles for hire under this Bylaw. 71. A limousine shall not have: (a) Fare Metre or any equipment designed to calculate a Passenger fare based on distance traveled or time used, (b) advertising clearly visible on the exterior of the vehicle with the exception of advertising for the business operating the limousine to which is limited to less than 10% of the surface area including the side or top of vehicle. Bylaw No. 2199 Page 12 of 19 PART IV - DRIVERS GENERAL DRIVER REGULATIONS 72. Any Driver providing paid transportation services for people in the city must have a valid City Driver's License issued by the City's Police Chief or their designate. 73. All Drivers shall have photo identification present and visible for Passengers at all times. 74. All Drivers are required to carry a valid Saskatchewan Driver's License with the required class designation of 1-4 and must be authorized by SGI to operate a Vehicle for Hire. 75. Notwithstanding Section 74, a Driver may use their Class 5 Driver's License subject to the following additional requirements: (a) not be in the Graduated Driver Licensing Program; and (b) have at least two (2) years post Graduated Driver Licensing driving experience in Canada or a reciprocal jurisdiction. 76. All Drivers shall be familiar with the city of North Battleford and the town of Battleford's roadway networks, neighbourhoods, and major destinations. 77. The Driver must: (a) take the most economical route to the Passenger's designated destination, unless otherwise directed by the Passenger; and (b) be courteous at all times and provide reasonable assistance to any Passenger as requested or required in the circumstances. 78. No Driver shall at any time carry a number of Passengers: (a) greater than the number recommended by the manufacturer of the vehicle; or, (b) greater than the number of functioning seatbelts in the Vehicle. 79. While on duty, the Driver must not: (a) be under the influence, consume or carry any beverage containing alcohol, or narcotics, (b) knowingly carry any dangerous, illegal or contraband goods or substances; (c) smoke any tobacco, electronic cigarette, or vape product while inside the Vehicle; (d) knowingly misinform a person about vehicle for hire processes, rates, routes, or laws. 80. Drivers must be neat in appearance and dressed in neat attire. 81. Drivers shall assist Passengers, when requested, reasonable, and safe, in: (a) loading and unloading of parcels, groceries or other like items; and, (b) in loading Passengers who may require or request assistance. 82. Drivers shall, to the best of their ability, ensure that the Vehicle they are operating is safe and in proper driving condition. Bylaw No. 2199 Page 13 of 19 83. When transporting Passengers, the Taxi Meter must not be started until the Passenger is properly seated in the Vehicle and must be turned off immediately when the Vehicle arrives at the final destination. 84. Upon the request of a Passenger, the Taxi Driver must provide the Passenger with a receipt for the fee or charge paid by or on behalf of the Passenger for taxi services. 85. Drivers are permitted to accept from, or on behalf of a Passenger, a voluntary payment of a tip or gratuity for services rendered. 86. If at the direction of, or with the consent of, a paying Passenger, other Passengers are picked up at one or more locations to be carried to the same destination as that of the original Passenger or to any other destination, the total fee payable shall be the fee payable pursuant to the provisions of the this Bylaw, for a continuous Trip from the point where the first Passenger is picked up to the point where the last Passenger is discharged. 87. Nothing in Section 86 of this Bylaw shall be construed to prevent the Driver from charging wait time when asked to wait by a Passenger. 88. The Police Chief may request a current Criminal Record Check with a Vulnerable Sector Check from a Driver at any time. CITY DRIVER'S LICENSE APPLICATIONS AND RENEWALS 89. Applications and renewals for a City Driver's License shall include: (a) a copy of a current valid Saskatchewan Driver's License with the proper class designation and SGI authority to operate a Vehicle for Hire; (b) a completed satisfactory Criminal Reference Check with a Vulnerable Sector Check, generated within the last thirty (30) days; (c) a satisfactory Driver's Abstract, generated within the last thirty (30) days including: i) not more than twelve (12) points under the Driver Improvement Program in the last two (2) years; and, ii) no impaired driving-related suspensions in the last ten (10) years. (d) completed Vehicle for Hire Driver questionnaire; (e) passport appropriate photo; (f) proof of minimum commercial liability insurance as specified by Saskatchewan Government Insurance and The Vehicles for Hire Act, at the time of application, and (g) paid City Driver's License application fee. 90. A City Driver's License will only be issued if all application criteria are met, and the Criminal Record Check with a Vulnerable Sector Check is satisfactory according to the City's Police Chief or their designate. 91. The City Driver's License expires one (1) year after it is issued and must be renewed annually prior to license expiry. Bylaw No. 2199 Page 14 of 19 92. Drivers may hold multiple City Driver's Licenses assigned to different City approved Vehicle for Hire Businesses. 93. An application to transfer a City Driver's License to another Vehicle for Hire Business requires a new application to be completed. 94. Subject to Section 93, the City Police Chief may waive the requirement for a City Driver's License application, if the original license is less than three (3) months old. REFUSAL OF SERVICE 95. A Driver must not refuse a request for service from any potential Passenger that they are permitted to provide services to under this bylaw. 96. Notwithstanding Section 95, a Driver may refuse a request for service from a potential Passenger if the Driver reasonably believes there is: (a) there is a danger to their personal safety; (b) the Driver reasonably suspects a Passenger may have a weapon; (c) the potential Passenger refuses to show their face to the Driver; (d) the potential Passenger has a history of abusive and threatening behaviour, non- compliance, or refusal to pay for services rendered. (e) the potential Passenger(s) engaged in a criminal or illegal activity; (f) the potential Passenger is abusive or threatening; (g) the potential Passenger insists on smoking or vaping in the Vehicle; (h) the potential Passenger refuses to place packages, bags, boxes, backpacks or other such items in the vehicle's trunk, as directed by the Driver; (i) the prospective Passenger is without means to, or is known for, not paying the fare; or (j) the prospective Passenger requests that the Driver transport an animal, other than a Service Animal assisting persons with disability, unless the animal is secured correctly in a transport cage. (k) if the pickup or drop-off location is known to the Driver or the business as: i) a location where Passengers have created problems in the past. ii) a location with ongoing criminal activity, iii) is poorly lit or otherwise obscured from observation. (l) a possibility of serious damage to property including the Vehicle; or (m) their vehicle is not in service as signified by the display of the not in service sign prior to the request. (n) providing the service would contravene this Bylaw. 97. If a request for service is refused pursuant to Section 96, except in the case of Subsection 96(m), the Driver must: Bylaw No. 2199 Page 15 of 19 (a) immediately provide verbal notice of the refusal to the Business' Emergency Contact Service and the Business's dispatch that either arranged the refused request or is otherwise providing Dispatch Services to the Driver at the time of refusal; and (b) Upon request of the City provide a signed written report of the circumstances of the refusal to the Coordinator within one (1) standard City business day of the request. 98. A report of refusal required by Subsection 97(b) must include: (a) date of the refusal; (b) time of the refusal; (c) location of the refusal; (d) the Driver's License number; (e) a complete description of the circumstances and the reasons for refusing the request for service; and, (f) any other information requested by the Coordinator. 99. Subject to Section 98, a Vehicle for Hire Businesses must provide the Coordinator refusal statistics on a quarterly basis. COMPLAINTS 100. Complaints received against a Vehicle for Hire Business, vehicle or Driver are to be submitted to the Coordinator. 101. Complaints shall include as much information relating to the incident or refusal as follows: (a) date; (b) time; (c) location; (d) Vehicle information: i) License plate number; and, ii) Vehicle description such as make, model, and colour; (e) business name; (f) Drivers: i) Name; ii) Saskatchewan Driver's License Number; iii) City Vehicle for Hire License Number; iv) description of Driver; and, v) any other information that may be helpful in determining who the Driver was; (g) a complete description of the circumstances; (h) the Coordinator shall investigate all complaints received and: i) determine if any corrective action is necessary; and, Bylaw No. 2199 Page 16 of 19 ii) communicate the findings to the parties he has contact information for. PART V - ENFORCEMENT BUSINESS LICENSE SUSPENSIONS 102. The Coordinator may make a recommendation to the License Inspector that the business license should be suspended or cancelled if the Business: (a) if the number of active Vehicle Licenses is less than the prescribed minimum for ninety (90) days; (b) continues to operate out of a home when it is not permitted to do so; (c) fails to provide the required Emergency Contact Services; (d) where a Taxicab business fails to provide services twenty-four (24), seven (7); or, (e) the Coordinator identifies a pattern of failure to comply with any of the requirements of this bylaw. 103. A business can apply for a Business License reinstatement through the Business License Inspector upon meeting the requirements of this Bylaw. VEHICLE IMPOUNDMENT 104. Where a Designated Officer encounters a vehicle operating as a vehicle for hire that in the opinion of the Designated Officer is unsafe, or does not have a valid Vehicle License or the Driver does not have a valid Vehicle for Hire Driver's License, the Designated Officer in addition to issuing fines outlined in Schedule "B" may: (a) order the Passengers to disembark, in which case the Passengers are not required to pay any fees for service, and the Driver must return any fees already collected from the Passengers; (b) have the Driver place a not in service sign in the window of the vehicle or turn on the not in service indicator and have the vehicle driven to a safe location as directed by the Designated Officer; or, (c) impound the vehicle and have it towed to an impoundment yard. VEHICLE LICENSE SUSPENSIONS 105. The Chief of Police or a Designated Officer must suspend a Vehicle License when a vehicle: (a) has failed a safety inspection, (b) has not been provided for inspection at a time and location specified by the Coordinator, 106. The Coordinator or a Designated Officer may suspend a Vehicle License where there is evidence: (a) the vehicle may not be safe; or Bylaw No. 2199 Page 17 of 19 (b) of an ongoing pattern of the Vehicle not being properly equipped; or (c) of an ongoing pattern of uncleanliness; or (d) that the Vehicle has fallen into a state of disrepair. (e) where a Vehicle License is suspended by a Designated Officer the officer shall provide a report to the Coordinator of the reasons for the suspension. 107. The City must provide a report to the Vehicle for Hire Business with the reasons for the suspension. 108. Vehicle License suspensions will remain in effect until a satisfactory City inspection is approved by the Designated Officer or Chief of Police. CITY DRIVER'S LICENSE SUSPENSIONS 109. All circumstances that may change the results of the Criminal Record Check with a Vulnerable Sector Check must be reported to the Police Chief, at any time while licensed with the City. 110. If the Police Chief becomes aware of circumstances or changes to a Criminal Record Check with a Vulnerable Sector Check the Police Chief can rescind or suspend the City Driver's License. 111. The City Driver's License will be suspended immediately if: (a) the Criminal Record Check with a Vulnerable Sector Check submitted with the renewal is not satisfactory; (b) the Driver has committed traffic infractions that would make a new Driver's abstract unacceptable; (c) the Driver fails to provide proof of the minimum commercial liability insurance as specified by Saskatchewan Government Insurance and The Vehicles for Hire Act Taxicab Driver Regulations; (d) there is evidence of a pattern of refusing to provide services which contravene Section 96 of this bylaw; or (e) there is evidence of a pattern of abusing or mistreating Passengers. OFFENCES & PENALTIES 112. Any person or business who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction, to a penalty of: (a) not less than Five Hundred Dollars ($500.00) for a first offence; (b) not less than, One Thousand Dollars ($1,000.00) for a second offence within two (2) years of the first offence; and, (c) up to Five Thousand Dollars ($5,000.00) for a third and subsequent offences within two (2) years of the second offence.