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4051 Licensing, regulating & governing of vehicles for hire within the MunicipalityTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4051 Page 1 of 2 A BY-LAW for the licensing, regulating and governing of vehicles for hire within the municipality, including Group Transportation Vehicles, Limousines, Accessible Taxicabs, Taxicabs, owners and drivers. WHEREAS subsection 151(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (Municipal Act, 2001), provides that without limiting sections 9, 10 and 11, a municipality may provide for a system of licences with respect to a business and may: (a) Prohibit the carrying on or engaging in the business without a licence; (b) Refuse to grant a licence or to revoke or suspend a licence; (c) Impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; (d) Impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence; (e) Impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; (f) License, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and (g) Require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licences established by the municipality. 2006, c. 32, Sched. A, s. 82. AND WHEREAS subsection 151(5) of the Municipal Act, 2001 provides that subsection 151(1-4) applies with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business; AND WHEREAS subsection 156(1) of the Municipal Act, 2001 authorizes a municipality in a by-law under with respect to the owners and drivers of taxicabs to: (a) Provide for the collection of the rates or fares charged for the conveyance; and (b) Limit the number of taxicabs or any class of them. AND WHEREAS the Council of the Corporation for the Town of Tillsonburg considers it in the public's interest for the purposes of health and safety and in the interest of consumer protection to pass such a by-law; AND WHEREAS the Council of the Corporation for the Town of Tillson burg delegates the legislative powers under this By-law to the Licencing Officer, including without limitation the power to issue and impose conditions on a licence, as such power is minor in nature with regard to the number of people, the size of geographic area and the time ____ ___L -Page 2 of 2 period affected by an exercise of the power in accordance with subsections 23.2 (4-5) of the Municipal Act, 2001; NOW THEREFORE Council hereby enacts the following: 1.1 SHORT TITLE SECTION 1 SCOPE OF BY-LAW This By-law, as amended from time to time, shall be known as the "Taxi By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to regulate Group Transportation Vehicle, Limousine and Taxicab Owners, Drivers and Vehicles used for hire or any class or classes thereof within the Town of Tillson burg. SECTION 2 DEFINITIONS & INTERPRETATION 2.1 DEFINITIONS The terms set out below shall have the following meanings in this By-law: "Accessible Formats" means an alternate format that allows people with disabilities to access information in a manner other than how the format was originally delivered, and may include, but is not limited to, large print and Braille; "Accessible Taxicab" means a class of taxicab which 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, as defined in Section 1 of R.R.O. 1990 Regulation 629: Accessibility Vehicles made under the Highway Traffic Act; "Accessible Taxicab or Taxicab Driver" means a person who is licenced as such or required to be licenced as such under this By-Law and includes a taxicab owner who drives a taxicab; "Accessible Taxicab or Taxicab Owner" means a person who is licensed as such or required to be licenced as such under this By-law and includes a lessee, licenced under this By-law of a taxicab owner's vehicle; "Accessible Taxicab or Taxicab Plate" means an identification plate issued by the Town containing the words "TAXI", "Town of Tillsonburg", a number and current year sticker, to be attached to the rear of the taxicab, and for accessible taxicabs only, a sticker showing the international symbol of accessibility;"Annual Licence" means a licence issued to the applicant which expires at 11:59 p.m. on April 141h of a given year. Page 3 of3 "Applicant" means an individual, proprietorship, limited partnership or corporation that applies for a Licence under this By-Law with the Town of Tillsonburg; "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. "Carry on" when used in reference to a taxicab business means to continuously operate, engage, drive, or make a taxicab available for the conveyance of passengers or property for hire or reward and includes waiting for, accepting, or dispatching orders; "Clerk" means the Clerk of the Corporation of Town of Tillson burg; "Conveyance" means to carry, transport, transfer or move. "Council" means the municipal Council of the Corporation of Town of Tillson burg; "Driver" means a person who is licenced to drive a motor vehicle pursuant to this By-law; "Fare" means the amount of money required for payment for the conveyance of passenger(s) or product(s); "Group Transportation Vehicle" means a vehicle which is available for providing a conveyance service for a fare and operates on an established route and flex route schedule. Passengers are picked up along the established route/flex route and pay the fare upon embarking on the Group Transportation Vehicle. This does not include an Accessible Taxicab, Taxicab, Limousine, or Public Vehicle as defined in the Public Vehicles Act. "Group Transportation Vehicle Driver" means a person who holds a Group Transportation Vehicle Driver's Licence as issued under this By-law; "Group Transportation Vehicle Owner" means a person, proprietorship, limited partnership, corporation or other entity who holds a Group Transportation Vehicle Owner licence as issued under this By-law which carries on the business of transporting passengers for a fare in the Town of Tillsonburg; "Licence" for the purpose of this By-law, refers to a valid and current licence as issued by the Town of Tillsonburg which permits a person to carry on or engage in the passenger conveyance business and is also a requirement for the Drivers of Group Transportation Vehicles, Limousines and Taxicab and for each Vehicle licenced under the provisions of this By-law. Licences shall expire at 11:59 p.m. on April 141h of a given year; "Licencee" is the holder of a valid and current Licence as issued by the Town of Tillson burg under this By-law; "Licence Appeal Committee" means a committee comprised of the Chief Building Official, CAO or designate, one member of the BIA and one member of the Chamber of Commerce whose role is to review and make a decision in regards to an appeal submitted by an Applicant or Licensee. "Licencing Officer" means the Municipal By-law Officer for the Town of Tillsonburg; "Limousine" means a motor vehicle kept or used for hire for the conveyance of Passengers by reservation only and solely on an hourly basis, which has seating for no ~---- __l__ Page 4 of4 more than the manufacturer's specified number of Passengers and a sufficient number of seat belts for each Taxi Driver and Passenger, and shall not include a Taxicab; "Limousine Driver" means a person who holds a Limousine Driver's Licence as issued under this By-law; "Limousine Owner" means a person, proprietorship, limited partnership, corporation or other entity which holds a Limousine Owner's Licence as issued under this By-law which carries on the business of transporting passengers in the Town of Tillsonburg; "Motor Vehicle" means a motor vehicle defined in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended; "Municipal Law Enforcement Officer" means the person(s) so appointed by the Council of the Corporation of Town of Tillsonburg, and for the purposes of this By-Law shall include a member of the Oxford O.P.P. or appropriate police agency; "Non-Profit/Not-For Profit Organization" means an organization with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, are able to provide their not-for-profit number and operate within the Town of Tillsonburg. "Passenger" means any person(s) in a taxicab, limousine or Group Transportation Vehicle other than the driver who has hired the owner or driver for (a trip) for the purposes of transporting them from one location to another; "Person" includes any individual, partnership, firm, association or corporation; "Police Security Clearance Record Check" means particulars of a criminal record which shall include a: (a) Vulnerable sector police search and search of the pardoned sexual offender's data base, dated within thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; "Public Vehicle" means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of passengers, or passengers and express freight that might be carried in a passenger vehicle, but does not include the cars of electric or steam railways running only upon rails, taxicabs, nor motor vehicles operated solely within the limits of one local municipality, as defined in the Public Vehicles Act, R.S.O. 1990, c.P.54; "Service Animal" means an animal that is (a service animal for a person with a disability) trained to perform specific functions and services to assist a person with a disability, (a) If it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or (b) If the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability; (c) And shall include a guide dog as defined in Section 1 of the Blind Persons Rights' Act, R.S.O. 1990, Chapter B.7. Page 5of5 "Tariff Card" means a card which displays the current Fares/Rate Schedule of the Vehicle for Hire business as approved and issued by the Licencing Officer; "Taxicab" means a motor vehicle hired for the transportation of a passenger(s) for a fare, but shall not include a public vehicle as defined by the Public Vehicles Act, R.S.O. 1990, c. P.54, as amended; "Taxicab Owner'' includes an owner or lessee of a taxicab vehicle, and includes any person, proprietorship, limited partnership, corporation or other entity which carries on the business of transporting passengers in the Town ofTillsonburg; "Taximeter" means a measuring device used in a taxicab to calculate the fare payable for a trip; "Town" means The Corporation of Town of Tillson burg; "Trip" means the conveyance of a passenger(s) and/or product(s) from one location to another as agreed upon between the vehicle driver and passenger(s); "Vehicle for Hire" means a Group Transportation Vehicle, Limousine or Taxicab as described within this By-law which is used for the purpose of conveying passengers or products from one location to another for an established fee. This does not include delivery/courier vehicles, courtesy vehicles, passenger transportation services under contract with a school, a board of education, a community service agency or similar type of organization. SECTION 3 LICENCING 3.1 Classes of Licences (a) The following classes of licences are required for the operation of a Vehicle forHire in the Town ofTillsonburg and the licence holder shall procure and maintain a licence(s) in good standing: (i) Group Transportation Vehicle/Limousine/Taxicab Business Owner (ii) Group Transportation Vehicle/Limousine/Taxicab Driver (iii) Group Transportation/Limousine/Taxicab Vehicle 3.2 Issuance & Expiry of Licences (a) All licences issued shall be signed by the Licencing Officer, or designate, and the signature may be stamped, printed or mechanically reproduced on the Licence; (b) All licences shall be in a form approved by the Town of Tillsonburg, as may be amended from time to time; (c) The Expiry Date for all Annual Licences issued under this By-law shall be Apri1141h at 11:59 p.m of each year. _I __ Page 6 of 6 3.3 General Licencing Regulations (a) For the purposes of this By-Law a person, proprietorship, limited partnership, corporation or other entity is carrying on or engaging in the Vehicle for Hire business when: (i) Providing a conveyance service wholly within the Town of Tillson burg or from any point in the Town of Tillsonburg to any point outside the Town of Tillsonburg; or and (ii) The usual business address of the person, proprietorship, limited partnership, corporation or other entity which is the registered owner of the Vehicle for Hire business, is within the Town of Tillsonburg. (b) No person, proprietorship, limited partnership, corporation or other entity shall act as a business Owner for the purpose of providing Vehicles for Hire as provided for under this by-law without being licenced; (c) No person shall operate a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licenced as a Driver under this By-law; (d) No motor vehicle shall be operated as a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licensed under this By-law; (e) No Licences issued under subsection (a-c) are transferable; (f) A Vehicle for Hire Business Owner shall not permit any person to operate a vehicle registered to that business as included under the Licence for that business for the purposes of conveying passengers or products within the boundaries of the Town of Tillsonburg unless both the vehicle and driver hold a valid and current Licence issued by the Town of Tillson burg. (g) An application for a Licence or· the issuance of a Licence pursuant to the provisions of this By-law does not relieve the applicant or licencee as the case may be, from the obligation to comply with all other applicable by-laws of the Town of Tillsonburg and laws of the Province of Ontario and the Government of Canada. 3.4 Applying for a Licence 3.4.1 Group Transportation Vehicle, Limousine & Taxicab Business Owner Licence Each Group Transportation Vehicle, Limousine or Taxicab Business Owner in the Town of Tillsonburg, shall submit the following information to the Licencing Officer when applying for or renewing a licence to operate a Vehicle for Hire Business; (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg's Rates and Fees By-law; (c) The particulars of a criminal record which shall include a Vulnerable Sector police search and search of the pardoned sexual offenders Page 7 of 7 database, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) A Vehicle for Hire driver's licence must be obtained as per section 3.4.2 if the Business Owner intends to operate a vehicle; (e) A Certificate of Insurance in the amount of $2,000,000.00. 3.4.1.1 Change of Ownership: (a) A Licencee, including a person, partnership, firm, association or corporation, shall notify the Licencing Officer a minimum of fifteen (15) business days prior to any change in the actual or legal control of the business to which the Licence relates; (b) In all cases relating to the change of the legal control of a business, the issuance of a new Business Licence is required. (c) All information must be submitted in full a minimum of ten (10) business days prior to the issuance of a Group Transportation Vehicle, Limousine or Taxicab Owners Licence. 3.4.1.2 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Business Owner Licence under the following conditions: (a) An incomplete application has been submitted and upon request has not been rectified; (b) The applicant has been convicted of an offence under this or any other legislation relating to vehicles for hire in Canada; (c) The applicant has outstanding fines owing to the Town of Tillsonburg; (d) There is other information known to the Licencing Officer that provides a reasonable expectation that the applicant will not carry on the business with honesty and integrity; (e) The applicant previously held a Group Transportation, Limousine or Taxicab Business Licence which was suspended or revoked; (f) In the case of a Taxicab Business, the Owner has not provided off-street parking for the number of Accessible Taxicab or Taxicab vehicles for which a Licence is being applied for; (g) The applicant has not satisfied the Licencing Officer of the proper zoning on the location where the business will operate from; (h) Processing of an application would be contrary to an order of the Licence Appeal Committee or other level of court; ----___ j Page 8 of 8 (i) A decision to refuse to process an application for a Group Transportation Vehicle, Limousine or Taxicab Business Licence is appealable to the Licence Appeal Committee. 3.4.2 Group Transportation Vehicle, Limousine, Taxicab Driver's Licence Each Group Transportation Vehicle, Limousine or Taxicab Driver shall submit to the Licencing Officer the following information when applying for or renewing a Licence to operate a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town ofTillsonburg's Rates and Fee's By-law; (c) The particulars of a criminal record which shall include a Police Vulnerable Sector Check, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) The particulars of a driving abstract, dated within the last thirty-six (36) days, as provided by the Ministry of Transportation or other police agency; (e) In the case of an Accessible Taxicab, the driver must furnish proof of having completed a Training program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities at the time of the application; (f) All information must be submitted in full a minimum of ten (10) business days prior to the issuance or renewal of a Group Transportation Vehicle, Limousine or Taxicab Drivers Licence. 3.4.2.1 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation Vehicle, Limousine or Taxicab Driver Licence or renewal under the following conditions: (a) A Driver has not sufficiently completed the required forms; (b) A Driver has failed to pay the licencing fee at the date of the application; (c) The Driver has been convicted of a criminal offence during the preceding five (5) years for which a pardon has not been granted; (d) The Driver has been convicted of an indictable offence at any time under any statute of Canada, including but not limited to the Criminal Code of Canada or the Controlled Drug & Substances Act; (e) The Driver is the subject of an outstanding criminal charge(s) or a Careless Driving charge(s) at the date of the application; Page 9 of9 (f) The issuance of a licence is contrary to a ban or suspension placed upon the Driver by the Licence Appeal Committee. 3.4.3 Group Transportation, Limousine or Taxicab Vehicle Licence The owner or lessee of a Group Transportation Vehicle, Limousine or Taxicab is required to submit the following information to the Licencing Officer when applying for or renewing a Licence for a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg's Rates and Fees By-law; (c) Particulars of the vehicle to be used for hire including; (i) Proof of ownership of the vehicle; (ii) A current Safety Standards Certificate, dated within thirty-six (36) days of the application accompanied by the Motor Vehicle Inspection Report; (iii) A certificate of Insurance in the amount of $2,000,00.00. (d) In respect of any vehicles using propane or natural gas fuel, a certificate from a person qualified to provide such certificate as per the requirements of the Ministry of Transportation and Technical Safety Standards Association; (e) In respect of an Accessible Taxicab, a certificate from a qualified person to the effect that the equipment which renders the Taxicab an Accessible Taxicab is safe and in proper working order; (f) Every owner shall submit the vehicle(s) for examination or inspection before a licence is issued; (g) Furnish any evidence or information required by the Licencing Officer or their designate to show that the vehicle proposed for the business meet all requirements of this By-law for licencing; 3.4.3.1 Refusal of an Application The Licencir~.g_ Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Vehicle Licence or renewal under the following conditions: (a) A Vehicle Licence is currently under suspension or has been revoked by the Licence Appeal Committee; (b) An incomplete application has been submitted and upon request, the form has not been rectified; (c) The vehicle for which the application is being submitted is considered unfit and does not meet the minimum basic safety standards to drive on Ontario roads; I ------Page 10 of 10 (d) The applicant has been convicted of an offence under the Taxi By-law or any other legislation relating to vehicles for hire in Canada; (e) The applicant has outstanding fines owing to the Town of Tillsonburg; (f) There is other information, known to the Licensing Officer that provides a reasonable expectation that the applicant will not carry on business with honesty and integrity, SECTION 4 SUSPENSION OR REVOCATION OF DRIVER'S LICENSE 4.1 Suspension/Revocation of a Group Transportation, Limousine or Taxicab Driver's Licence The Licensing Officer or his/her designate shall suspend, revoke or fail to renew any Group Transportation, Limousine or Taxicab Driver's Licence under the following conditions: (a) The Licencing Officer becomes aware that the Licencee is not meeting any one of the requirements of issuance under the initial Licence application process; (b) The Licencee's Ontario Driver's Licence is suspended for any reason; (c) The Licencee is charged with an offence under the Criminal Code of Canada or the Controlled Drug & Substances Act; (d) The Licencee is charged with an offence under the Liquor License Act for the Province of Ontario if the charge relates in any way to the use or operation of a Vehicle for Hire; (e) The Licencing Officer may suspend, revoke or fail to renew a licence for any other matter of non-compliance by a Licencee as outlined in this By-law. 4.2 Upon Suspension or Revocation of a License A Group Transportation Vehicle, Limousine or Taxicab Driver shall immediately surrender his/her Licence as issued by the Town of Tillsonburg to the Licencing Officer in the event that such Licence has been suspended or revoked. The Licencee may file with the Clerk or Designate, an appeal application within fifteen (15) days of being notified of the suspension or revocation of the said licence. A suspension or revocation of a Group Transportation Vehicle, Limousine or Taxicab Vehicle Licence due to safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The decision of the Licence Appeal Committee is final. Page 11 of 11 4.3 Driver Conduct Any of the following infractions can result in a Driver of a Vehicle for Hire as licensed under this By-law facing Suspension, Revocation or Non-Renewal of a Licence: (a) The use of discourteous language or profanity in front of a customer; (b) Overcharging a customer or other similar abuse; (c) Smoking or allowing customers to smoke in the vehicle; (d) Repeated failure to maintain the vehicle in a neat and clean fashion; (e) Operating a vehicle in contravention of any other sections of this By-law; (f) Failure to surrender a Licence as issued by the Town of Tillson burg immediately to the Licencing Officer upon conviction of a criminal offence or Careless Driving charge. SECTION 5 GENERAL PROVISIONS-VEHICLE REQUIREMENTS 5.1 Vehicle Condition All Vehicles for Hire shall be kept clean and orderly at all times both on the exterior and interior and this includes: (i) No visible rust; (ii) No visible dents; (iii) Paint on the vehicle must be uniform and consistent; (iv) Any trash must be placed in an appropriate receptacle; (v) The exterior of vehicles must be washed regularly and should not have an accumulation of dust or dirt; (vi) Interiors of vehicles must be cleaned and vacuumed regularly. 5.2 Safety Standards Certificate (a) A Safety Standards Certificate, which confirms that a Vehicle for Hire meets the minimum basic safety standards to drive on Ontario roads as provided by the Ministry of Transportation, and completed by a mechanic which is qualified as a certified inspector, shall be submitted within the last thirty-six (36) days when an application is being made for a Group Transportation, Limousine or Taxicab Business License or in the event of an application or renewal being submitted for a Group Transportation, Limousine or Taxicab Driver's Licence or Vehicle License. (b) When the Licencing Officer or any Municipal Law Enforcement Officer believes, on reasonable grounds, that a Vehicle for Hire or its equipment is not safe, they may issue an order in writing requiring that the licencee .. ,-.. ·-_l_ -------~~~-Page 12 of 12 produce a valid Safety Standards Certificate relating to that vehicle dated after the date of notice; (c) No Driver shall operate and no Owner or Licensee shall permit to operate a Vehicle for Hire after receipt of notice referred to in sub-section (b), until the Licencing Officer or Municipal Law Enforcement Officer has been provided with a valid Safety Standards Certificate as required in this section; (d) If a Licencee does not produce a valid Safety Standards Certificate within ninety-six (96) hours of receiving the notice referred to in this section, the Licencing Officer or his/her designate shall suspend the Vehicle Licence; (e) The revocation of a Vehicle Licence for safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The Applicant is required to apply for a new Vehicle Licence and submit a valid Safety Standards Certificate along with the required application fee and supporting documentation. 5.3 Proof of Insurance (a) A licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner and a driver employed by him/her shall produce, in respect of any Vehicle for Hire being operated by the driver, evidence of insurance, as required under this By-law forthwith upon demand of the Licencing Officer, or a Municipal Law Enforcement Officer; (b) If a licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner or a driver employed by him/her does not produce evidence of insurance when demanded pursuant to this section, the Licencing Officer shall suspend the Licence forthwith; (c) In instances where the inability to provide insurance is related to the Group Transportation, Limousine or Taxicab Business Licence, all Licences issued underneath that business to vehicle drivers and for the vehicles shall also be suspended; (d) If by the end of the next regular business day following the day of suspension of the licence, the Licencee has provided adequate Proof of Insurance to the Licencing Officer, such licence shall be reinstated. The Licencing Officer shall not reinstate a licence that has been suspended if adequate proof of insurance has not been provided by the end of the next regular business day following the date of suspension. All the related licences shall be revoked and such revocation is not appealable; (e) The Licencing Officer shall reinstate a licence that has been suspended if within (15) days of revocation, the Taxicab Business Owner provides adequate Proof of Insurance along with all the fees associated with a new Licence for the Group Transportation, Limousine or Taxicab Business and /or vehicles. New licences will be issued without a full application process being required except in instances when the timing of such issuance would require the annual renewal process. Page 13 of 13 SECTION 6 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE, LIMOUSINE AND TAXICAB BUSINESS OWNERS & DRIVERS 6.1 Requirements of Group Transportation Vehicle, Limousine and Taxicab Business Owners The following general provisions apply to all Group Transportation Vehicle, Limousine and Taxicab Owners and Drivers as required to be licenced under this By-Law: 6.1.1 Every Group Transportation Vehicle, Limousine and Taxicab Business Owner shall: (a) Submit his/her vehicle(s) as licensed under this By-law for examination or inspection at any time when required by the Licencing Officer or their designate; (b) Investigate immediately, any mechanical defect in his/her Group Transportation Vehicle, Limousine or Taxicab reported to him/her by a Driver or any other person; (c) Report any change of his/her business address or his/her residence address to the Licencing Officer within two (2) business days of the change; (d) Ensure that every Driver of a vehicle used for the business as licenced under this By-law provides, or will arrange for the provision of accessible formats relating to ridership rates and fees upon request and shall notify the public about the availability of accessible formats; (e) Notify the Licencing Officer forthwith if any Driver of a vehicle used for the conveyance service business as licenced under this By-law; (i) Is the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act or, (ii) Has been convicted of a criminal offence. (f) In the case of Taxicab Owners, affix a sign on the roof of each licenced Taxicab used for hire identifying the vehicle as an Accessible Taxicab or Taxicab; (g) Ensure that an Accessible Taxicab or Accessible Group Transportation Vehicle used for the Vehicle for Hire business meet the requirements, as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act, and that all Accessible Taxicab and Accessible Group Transportation vehicle Drivers have completed the necessary training with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities; (h) In the case of Taxicabs shall ensure that no person employed by him or her shall carry any radio equipment, radio scanners or other Page 14 of 14 equipment capable of monitoring radio calls other than the equipment used or required to transmit or receive broadcasts or signals from the radio dispatcher for whom the Driver is working; • (i) Install an Taxicab Plate to the rear of the taxicab; 6.1.2 No Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) In the case of a Taxicab, permit any advertisement to be displayed on any licenced Accessible Taxicab or Taxicab with the exception of one roof advertising topper as approved by the Licencing Officer or designate; (b) Permit a Vehicle for Hire as licenced under this By-law to be oper<:~ted if the vehicle or its equipment is unsafe; (c) Permit a vehicle to be operated unless it is insured as required by this By-law; (d) Permit any person, other than a Driver licenced under this By-Law and employed by him/her to operate his/her licenced vehicle(s); (e) Prevent or hinder a person authorized by the Licencing Officer from entering a licenced vehicle owned by him/her for the purpose of inspecting such vehicle; (f) Permit a licenced vehicle in respect of which a mechanical defect has been reported to him/her, to be operated until he or she has inspected and ensured that the mechanical defect, if any, has been corrected; (g) Permit a Driver to operate a licenced vehicle owned by him/her unless the Driver complies with all licencing requirements as provided for in this By-law, including maintaining and submitting a daily trip record; (h) Permit anyone to smoke in vehicle licenced under this By-law in accordance with the Smoke-Free Ontario Act. 6.2 Requirements of Group Transportation Vehicle, Limousine and Taxicab Drivers 6.2.1 Every Driver shall: (a) Maintain in good standing, a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) List on his/her application for a Group Transportation Vehicle, Limousine or Taxicab Driver's Licence or any renewal application, all employers for whom he or she is currently working for as a Driver; (c) Notify the Licencing Officer forthwith of any change in his/her employment as a Driver of a Vehicle for Hire; Page 15 of 15 (d) Report any change of address to the Licencing Officer within two (2) business days of the change; (e) Notify the Licencing Officer immediately if they: (i) Are the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act; (ii) Has been convicted of a criminal offence; (iii) Has had their Provincial Driver's Licence suspended for any reason. (f) Produce his/her license to permit the change to be entered hereon at the time of notification of the change; (g) Inspect each vehicle as licenced under this By-law which he/she intends to operate at the commencement of each work shift and at the conclusion of each work shift and shall maintain a log of each inspection; (h) Report any mechanical defects which are disclosed during these inspections forthwith to the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (i) Submit the Vehicle for Hire in his/her care and control for examination or inspection at any time to the Licencing Officer or their designate upon request; G) Report to his/her employer forthwith, any accident in which the Group Transportation Vehicle, Limousine or Taxicab Driver has been involved in while operating a Vehicle for Hire on behalf of the business; (k) Return a Vehicle for Hire to his/her employer promptly at the conclusion of the Driver's work shift if required by the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (I) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Group Transportation Vehicle, Limousine or Taxicab Driver's Licence as issued pursuant to this By-law; (m) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Driver's Licence as issued by the Province of Ontario; (n) Attend at the identified Town of Tillsonburg location, once the Group Transportation Vehicle, Limousine or Taxicab Driver's Licence has been issued, to obtain a photo identification card; (o) In the case of an Accessible Taxicab, ensure wheelchairs are securely anchored to the vehicle prior to providing an Accessible Taxicab Service and ensure that the vehicle meets the requirements as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act; __ L Page 16 of 16 (p) Provide or arrange for the provision of accessible formats upon request and shall notify the public about the availability of accessible formats; (q) In the case of Taxicabs, every Taxicab driver shall serve the first person requiring the service of his/her Taxicab at any place within the area municipality to which the Taxicab Business Owner's Licence relates any time, unless: (i) He/she has reasonable concerns for his/her safety; (ii) He/she has reasonable concerns that his/her fare may not be paid, or; (iii) He/she has made prior arrangements to accept another Passenger, the proof of which lies upon the Taxicab Driver in any proceeding under this By-law. (r) Deliver all property or money found in his/her Vehicle for Hire immediately to the owner thereof, or if the owner cannot be located immediately, to the nearest police station together with any information concerning the owner of the property or money which is in the possession of the vehicle Driver. 6.2.2 No Group Transportation Vehicle, Limousine or Taxicab Driver shall: (a) Operate any Motor Vehicle required to be a Vehicle for Hire unless he/she has a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) Operate any vehicle required to be a Vehicle for Hire unless such vehicle has been issued a licence for such purposes by the Town of Tillson burg; (c) While having care and control of a Vehicle for Hire, permit any person, other than another Driver licenced under this By-Law, to operate the said vehicle; (d) Operate a Vehicle for Hire unless the license issued by the Licencing Officer containing his/her name is affixed in the place in the vehicle approved by the Licencing Officer and in such manner that the same is plainly visible to and readable by Passengers; (e) Operate a Vehicle for Hire if he/she reasonably believes the vehicle or its equipment is unsafe; (f) Operate a Vehicle for Hire that is not insured as required by this By-law; (g) Prevent or hinder a person authorized by the Municipal By-law Officer from entering the licenced Vehicle for Hire in the care and control of the Driver for the purpose of inspecting the vehicle or its equipment; Page 17 of 17 (h) Operate a Vehicle for Hire which contains more occupants than the number of seatbelts available for occupancy or in the case of a Group Transportation Vehicle, the maximum number of occupants permitted for that model of vehicle; (i) Permit anyone to smoke in the Vehicle for Hire in accordance with the Smoke-Free Ontario Act; G) In the case of an Accessible Taxicab, drive or act as a driver of any Accessible Taxicab without first having completed a Training Program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities, and providing written proof of which shall be provided to the Licencing Officer when applying for or renewing a prior to the issuance of any Accessible Taxicab Driver's Licence; (k) In the case of Taxicabs, take on any additional passenger(s) when the Taxicab is being used for the Transportation of children to and from school after the commencement of the trip without the consent of the first passenger taken on during that trip, unless emergency conditions exist; (I) Knowingly mislead or deceive any passenger or potential passenger as to the location or distance to a place to which the passenger or potential passenger intends or wishes to travel; (m) A Driver of a licenced Vehicle for Hire should not operate the vehicle unless: (i) The interior and exterior of the vehicle are clean and in good repair; (ii) The vehicle and its equipment are free from mechanical defects. SECTION 7 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE & TAXICAB FARES & TRIP RECORDS 7.1 Charging of Fares 7.1.1 Every Group Transportation Vehicle and Taxicab Business Owner shall: (a) Provide a Driver upon request a receipt for monies turned over to the Owner by the Driver at the end of the Driver's shift; (b) Provide upon request by the Licencing Officer, all particulars of an agreement entered into relative to the charging of fares including any written contract or other documents, and any invoices, receipts or other evidence of payment; . ---1 Page 18 of 18 (c) Charge fares and ensure that a Group Transportation Vehicle or Taxicab driver which operates a licensed vehicle on behalf of their business charge fares in accordance with the Tariff Card as provided by the Licencing Officer and displayed within the Vehicle for Hire. (d) Review fares as required and provide any proposed fare adjustments to the Licencing Officer for review and approval. If a conflict or concern related to any proposed tees is identified, the Licencing Officer shall provide the information to the Licencing Appeals Committee for review. (e) Provide public notification a minimum of sixty (60) days of any proposed changes in fare rates as approved by the Licencing Officer or the Appeal Committee. 7.1.2 Every Taxicab Driver shall: (a) Display a current Tariff Card as provided by the Licencing Officer, setting out the established fare/rates to be charged for the conveyance service. Such fare shall include the standard rate for in-Town conveyance services, or in accordance with an agreement reached for trips outside of Town boundaries. The Tariff Card shall be displayed in a conspicuous place in the Vehicle for Hire so as to be conveniently seen and read by passengers and will indicate the same number as shown on the Taxi plate attached to the rear of the vehicle and inform passengers that accessible formats are available upon request; (b) Charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card, or in accordance with the agreement reached if the fare is being charged for trips outside of town boundaries; (c) Permit a person with a disability who is accompanied by a service animal to travel with the service animal in the Vehicle for Hire; (d) Provide upon the request of the passenger, a receipt of the fare paid showing the amount of the fare paid, the vehicle licence plate number and the date; (e) Provide all particulars of an agreement entered into relative to the charging of fares, including any written contract or other document, and any invoices, receipts or other evidence of payment, immediately upon request of the Licencing Officer; (f) In the case of a Taxicab, the Driver shall follow the shortest possible route to the destination requested by a Passenger unless the Passenger designates another route; Page 19 of 19 (g) In the case of the Group Transportation Vehicle, the Driver shall follow the established schedule and flex route for the conveyance of passengers. 7.1.3 No Group Transportation Vehicle or Taxicab Driver shall: (a) Charge a higher fare or an additional fee for persons with disabilities than that for persons without disabilities for the same trip; (b) Charge a fee for the storage of mobility aids or mobility assistive devices; (c) Charge an additional fee to a person with a disability travelling with a service animal. 7.2 Maintenance of Daily Trip Records 7 .2.1 A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) Ensure that all licenced Drivers which operate a Group Transportation Vehicle, Limousine or Taxicab vehicle used for his/her business and licenced under this By-law maintain a Trip Record; (b) Keep the Trip Records from all the licenced Driver's which work for them for a period of at least twelve (12) months; and (c) Permit any person authorized by the Licencing Officer to inspect the Trip Record(s) on the business premises, or remove the Trip Record(s) from the business premises for the purpose of inspection; (d) Ensure that Drivers of his/her licenced vehicle(s) charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card issued by the Licencing Officer, or in accordance with an agreement for services pursuant to section 7.1.1 (b). 7.2.2 Every Group Transportation Vehicle Driver shall: (a) Maintain a daily record of all scheduled routes made by him/her as a Driver of a Group Transportation Vehicle. The Record shall be prepared immediately upon the conclusion of a scheduled route and prior to the commencement of the next scheduled route, and shall contain the following information: (i) The point of origin and the point of conclusion of the route; (ii) The time when the route commenced and ended; (iii) The total number of passengers; (iv) The total number of stops made to pick up and or drop off passengers; (v) The total fare(s) collected. (b) Submit his/her daily record to the Group Transportation Vehicle Business Owner at the conclusion of each shift. ---~-~----- . _ _j __ Page 20 of 20 7.2.3 Every Taxicab Driver shall: (a) Maintain a daily record of all trips made by him/her as a Driver of a licenced Taxicab. The Trip Record shall be prepared immediately upon the conclusion of a trip and prior to-the commencement of the next trip, and shall contain the following information: (i) The point of origin and the point of conclusion of the trip; (ii) The number of passengers; (iii) The fare charged, and; (iv) The Ontario Licence plate number of the vehicle. (b) Submit his/her daily Trip Record to the Taxicab Business Owner at the conclusion of each shift. 8.1 Insurance Coverage SECTION 8 INSURANCE A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall not \ permit his/her licenced Vehicle(s) for Hire to be operated unless: (a) He/she has procured and maintained in good standing, a Standard Automobile Insurance Policy providing for third party liability of at least $2,000,000.00 insurance coverage for the use designated in the licence and; (b) The Policy of Insurance contains an endorsement requiring that the insurer give to the Licencing Officer at least ten (1 0) days' notice of any proposed cancellation or variation of the policy. SECTION 9 APPEAL PROCESS 9.1 Appealing the Decision of the Licencing Officer 9.1.1 Filing an Appeal (a) Where the Licencing Officer refuses to issue a Licence, suspends or revokes a Licence under this By-Law, the Applicant or Licencee may appeal this decision by filing with the Clerk or Designate, an appeal application of the said decision within fifteen (15) days of being notified ofthe decision. (b) The applicant shall pay to the Clerk of the Corporation the fee for the appeal as set out in the Town's Rates & Fees By-Law at the time the appeal is filed. Page 21 of 21 (c) The Clerk or Designate shall provide the Licencing Appeal Committee with a report as to the status of the licence. 9.1.2 Review Hearing Upon receipt of an appeal from an Applicant, the Committee shall hold a Review Hearing in accordance with the Statutory Powers Procedure Act and may, after the appropriatehearing is conducted, issue a Licence, refuse to issue a Licence, revoke a Licence or suspend a Licence and may make any suspension of a Licence subject to such terms or conditions as the Licencing Appeal Committee may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or any Licencee. 9.1.3 Notice Upon determination of the Review Hearing date, the Clerk or designate shall give notice in writing to the Applicant or Licencee. The notice shall include: A statement: (i) As to the time, date, place and purpose of the Review Hearing; and (ii) That, if the Applicant or Licencee does not attend the Review Hearing, the Licencing Appeal Committee shall proceed in the absence of the Applicant or Licencee and the Applicant or Licencee will not be entitled to any further notice. 9.1.4 Review by the Licensing Appeal Committee The Licencing Appeal Committee, in considering whether or not to issue a Licence, refuse to issue a Licence, or to revoke or suspend a Licence may have regard to the following: (a) Whether or not the Applicant or Licencee and the vehicles used for hire in connection with the carrying on of a business which is required to be Licenced, pursuant to this By-Law, complies with all requirements of this By-Law; (b) Whether or not the Applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By-Law or has committed past breaches of this By-Law; (c) Whether or not the Applicant or Licencee has failed to comply with any requirements of any other applicable By-Law of the Town or any local board thereof or of any statute, order-in-council or regulation of the Provincial Legislature or the Parliament of Canada or of any Agency, Board or Commission thereof, in, upon or in connection with the Licenced activity or vehicles used for hire in connection with the Licenced activity; ~--- Page 22 of 22 (d) Whether the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of the licence holder in respect of the premises for which the licence is sought would infringe on the rights or endanger the health or safety of any other members of the public; (e) The fee payable in respect of the licence has not been paid; (f) The applicant is in default with respect to any financial or other obligation to the Town. 9.1.5 Decision of the Licencing Appeal Committee (a) The decision of the Licencing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licencing Appeal Committee shall impose and shall be final; (b) Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (i) Without a hearing; or (ii) Without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licencee has waived such hearing or compliance. SECTION 10 ENFORCEMENT AND PENAL TIES 10.1 Enforcement Municipal Law Enforcement Officers, Licencing Officer, Peace Officers, Police or any other Person designated by Council may enforce this By-law. 1 0.2 Obstruction No person shall hinder or obstruct or attempt to hinder or obstruct, any person exercising a power or performing a duty under this By-law. 10.3 Offence and Penalty Every Person who contravenes any of the provisions of this by-law is guilty of an offence pursuant to Section 429 of the Municipal Act, 2001. S.O. 2001, c.25 and all contraventions of this bylaw are designated continuing offences. 10.4 Offence by an Individual Every Person, excluding a corporation, who is convicted of an offence under this by-law, is liable to a fine as stipulated by the set fines as attached to this by-law or as stipulated by the Provincial Offences Act R.S.O. 1990,CHAPTER P.33. Page 23 of23 10.5 Offence by a Corporation Every corporation who is convicted of an offence under this by-law is liable to a maximum fine of Fifty Thousand Dollars ($50,000) for the first offence and a maximum fine of One Hundred Thousand Dollars ($1 00,000) for any subsequent offence in accordance with the Municipal Act, 2001, S.O. 2001 ,c 25 and Provincial Offences Act R.S.O. 1990, CHAPTER P.33. 10.6 Multiple Offences The conviction of an offender for the breach of any provision of this By-law shall not operate as a bar to a prosecution against the same offender upon any subsequent or continued breach of any provisions of this By-law. 10.7 Court Order If this By-law is contravened and a conviction entered, the court in which the conviction is entered and any court that has jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or the repetition of the offence. 11.1 Application of By-Law SECTION 11 PARTIAL INVALIDITY If any term of this By-Law or the application thereof shall to any extent be invalid or unenforceable, the remainder of this By-Law and/or the application of such term to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this By-Law shall be separately valid and enforceable to the fullest extent permitted by law. SECTION 12 REPEAL OF PREDECESSOR BY-LAW 12.1 Repeal That By-Law No. 2995 and any amendments thereto, of The Corporation of Town of Tillson burg are hereby repealed in its entirety. -----. _j __ _ 13.1 Effective Date SECTION 13 EFFECTIVE DATE Page 24of24 The effective date of this By-Law shall be the date of passage thereof. READ A FIRST AND SECOND TIME THIS 28TH DAY of November, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 121h DAY of December, 2016 R -Stephen Molnar z:2 . --TOWN CLERK -Donna Wilson