2995 To licence, regulate and govern Taxicab Owners, Limousine Owner and Drives of Motor Vehicles used for hire, and for limiting the number of Taxicab Licences.CORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 2995
BEING A BY-LAW TO LICENSE, REGULATE AND GOVERN TAXICAB
OWNERS, LIMOUSINE OWNERS AND DRIVERS OF MOTOR VEHICLES
USED FOR HIRE, AND FOR LIMITING THE NUMBER OF TAXICAB
LICENCES
WHEREAS Section 232.1 Chpt.M.45, of the Municipal Act, R.S.O. 1990 provides that
by-laws may be passed for licensing, regulating and governing owners and drivers of cabs,
motor and other vehicles used for hire of passengers or goods within the Town; and for
drivers of such vehicles for the conveyance of passengers or goods, either wholly within
the Town or to any point not more than five kilometres beyond its limits; and for providing
for the collections of such rates or fares; and for revoking any licence issued there under.
AND WHEREAS the new Municipal Act, Section 150, effective January 1,2003 states that
a municipality may only exercise its licensing powers under this section for one or more of
the following purposes:
1. Health and Safety 2. Nuisance Control 3. Consumer Protection
BE IT THEREFORE ENACTED the Corporation of the Town of Tillsonburg by
Council enacts as follows:
DEFINITIONS
1) In this by-law:
a) "Accessible Taxicab" means a taxicab which was constructed or subsequently
modified to permit the loading, transportation and off-loading of those individuals
confined to a wheelchair, or similar device used to assist the disabled, without
transfer and which motor vehicle complies with Ontario Regulation 167/81, as
amended and Canadian Standards Associations standard D409 -M84;
b) "Accessible Taxicab Driver" means a licensed taxicab driver whose taxicab
driver's licence has been endorsed by the Municipal By -Law Officer to permit the
licensee to drive an accessible taxicab in the Town of Tillsonburg;
c) "Accessible Taxicab Owner" means a licensed taxicab owner whose owners
licence has been endorsed by the Municipal By -Law Officer to permit the operation
of an accessible taxicab in the Town of Tillsonburg;
d) "Detachment Commander" means the Detachment Commander of the Oxford
County OPP;
e) "Town" means The Corporation of the Town of Tillsonburg;
f) "Municipal By -Law Officer" means the Municipal By -Law Officer of the Town
of Tillsonburg;
g) "Disabled Passenger" means a passenger who is physically disabled;
h) "Exclusive Concession Agreement" as referred to in this by-law includes any
agreement whether or not for valuable consideration, which has for its purpose or
effect the granting to any person of a right or licence to provide taxicab or
limousine service to any public transportation terminal, subway station, hotel,
motel, cab stand, or any other place, to the exclusion of one or more other
taxicab(s) and limousine(s);
- 1 -
i) "Limousine" when used throughout this by-law, includes Limousine (stretched),
Limousine (Executive) and Limousine (Van);
J) "Limousine (Stretched)" means a luxury class, stretched, motor vehicle which is
kept or used for hire on an hourly or flat rate basis for the conveyance of
passengers, with a seating capacity of at least four persons (including the driver),
that has been custom cut and stretched, but is not equipped with a taxi meter, a top
light or a roof sign of any kind; and also means a vintage vehicle that is licensed as
such by the Province of Ontario and has been issued with vintage plates;
k) "Limousine (Executive)" means a `North American full sized standard' luxury
class, sedan, motor vehicle which is kept or used for hire for the conveyance of
passengers, with a seating capacity of at least five, but not more than six persons
(including the driver), that has carpeted floors and either a leather or other superior
quality upholstered interior; that is within seven model years of the current year,
and has not been custom cut or stretched, and is not equipped with a taxi meter, a
top light or roof sign of any kind;
1) "Limousine (Van)" means a van -type passenger motor vehicle that is kept or used
for hire on an hourly or flat rate basis for the conveyance of passengers that is
within seven model years of the current year, but is not equipped with a taxi meter,
a top light or a roof sign of any kind;
m) "Person" includes an individual, corporation, firm or agent thereof;
n) "Police Officer " as defined by the Police Services Act.
o) "Taxicab" means a motor vehicle which is kept or used for hire for the conveyance
of passengers and/or goods, excluding alcohol, with a seating capacity of not more
than six persons, exclusive of the driver;
P) "Taxicab Owner Licence" — Class A means a taxicab owner licence issued prior
to the passing of this by-law;
q) "Taxicab Owner Licence" — Class B means an "accessible" taxicab owner
licence;
r) "Taxicab Owner Licence" — Class C means a taxicab owner licence issued after
the date of the passing of this by-law.
RESPONSIBLITIES
2) The Municipal By -Law Officer shall:
a) be responsible for the issuance, suspension and revocation of all licences pertaining
to this by-law;
b) accept applications for licences required by this by-law;
c) provide a copy of this by-law to each applicant for a licence under the provisions of
this by-law;
d) maintain a record of all licences issued including the name and address of each
licensee and the number of taxicabs or limousines owned by each licensee;
e) maintain a record of each vehicle licensed hereunder including the make, model,
year, serial number, the Provincial licence plate number, the taxicab owner plate
number, the limousine owner plate number, and the issuance of each licence;
f) issue a Taxi licence permit for each licensed taxicab vehicle;
g) issue a licence permit to each licensed limousine owner;
h) ensure that taxicabs and limousine drivers, owners attend the Municipal By -Law
Officer's Office in person for the issuance and renewal of licences.
3) The Detachment Commander shall:
a) make all necessary enquiries and examine all applications for taxicab owner,
taxicab driver, limousine owner and limousine driver licences;
b) where applicable, examine each applicant as to his or her personal history;
c) make all necessary enquiries in connection with the suspension or revocation of
licences issued pursuant to this by-law; and
d) report his findings to the Municipal By -Law Officer.
PROHIBITION
4) (1) Within the Town of Tillsonburg no person shall:
a) drive a taxicab without having a current valid licence issued under the provisions of
this by-law and herein referred to as a taxicab's driver licence;
b) keep a taxicab for hire without having a current valid licence, issued under the
provisions of this by-law and referred to herein as a taxicab owner licence;
c) be granted a licence unless he or she is clear of a criminal record for at least 5
years.
d) drive a limousine without having a current valid licence issued under the provisions
of this by-law and herein referred to as a limousine driver licence;
e) keep a limousine for hire without having a current valid licence, issued under the
provisions of this by-law and referred to herein as a limousine owner licence;
f) keep or use for hire for the conveyance of passengers within the Town any motor
vehicle, other than a bus that is licensed by the Province of Ontario, a taxicab, an
accessible taxicab, or a limousine;
g) advertise the use of a taxicab unless the said vehicle is licensed as a taxicab in
accordance with the provisions of this by-law;
h) advertise the use of a limousine unless the said vehicle is licensed as a limousine in
accordance with the provisions of this by-law.
(2) A licence issued under the provisions of this by-law shall expire on December
31 in the year of the issue or on any date indicated on the licence, unless
previously renewed, suspended or revoked.
APPLICATION FOR LICENCES
5) (1) Each applicant for a taxicab or limousine driver's licence shall:
a) attend at the office of the Municipal By -Law Officer and make a written
application for such licence;
b) be at least 18 years of age;
c) be able to speak, read and write the English language;
d) have a current, valid full Class G Provincial motor vehicle driver's licence issued
under the provisions of the Highway Traffic Act;
e) if so requested, submit to fingerprinting and photographing by the Oxford OPP
Detachment;
f) upon being granted a licence, pay the prescribed licence fee therefore to the
Municipal By -Law Officer.
(2) Each applicant for an accessible taxicab driver's licence shall
a) be a licensed Taxicab Driver with the Town of Tillsonburg in accordance with the
provisions of this by-law;
b) satisfactorily complete a sensitivity course, identified by the Municipal By -Law
Officer, pertaining to the transportation of physically disabled persons; and
c) submit his taxicab driver licence to the Municipal By -Law Officer for endorsement
as a licensed accessible taxicab driver;
(3) Each applicant for a taxicab or limousine owner licence shall:
a) attend at the office of the Municipal By -Law Officer and make a written
application for such licence;
b) in the case of an individual, hold a current valid taxicab driver licence within the
Town of Tillsonburg;
c) in the case of a Corporation, firm or agent thereof, an officer of the said
Corporation, firm or the agent, shall hold a current valid taxicab driver licence
within the Town of Tillsonburg;
d) have the motor vehicle which is to be licensed as a taxicab or limousine licensed
for the then current year under the provisions of the Highway Traffic Act of
Ontario, and file with the Municipal By -Law Officer proof that the said motor
vehicle is either registered in his own name or leased by him;
e) file with the Municipal By -Law Officer proof of insurance in respect of each
vehicle to be licensed indemnifying and protecting the owner and the public,
including passengers carried in such vehicles in the amount of $1,000,000.00
inclusive of public liability and property damage;
f) submit a certificate of mechanical fitness as prescribed by the Highway Traffic Act
of Ontario with respect to the vehicle to be licensed, should said "vehicle be in used
condition, at locations as specified by the By-law Enforcement Officer;
g) in the case of an individual, and in the case of a Corporation or firm, an officer of
the Corporation or firm, file with the Municipal By -Law Officer a valid certificate
of completion of an approved training course in defensive driving, customer service
and sensitivity recognized and approved by the Municipal By -Law Officer or
satisfy the Municipal By -Law Officer that the individual or officer met the
examination standards;
h) upon being granted a licence, pay the prescribed fee therefore to the Municipal By -
Law Officer; and
i) in the case of a corporation, or firm thereof, provide details of the corporate
ownership in a form acceptable to the Municipal By -Law Officer.
(4) Each applicant for an accessible taxicab owner licence shall:
a) be a licensed Taxicab Owner with the Town of Tillsonburg in accordance with the
provisions of this by-law;
b) submit his or her taxicab owner licence to the Municipal By -Law Officer for
endorsement to permit the use of the licensed vehicle as an accessible taxicab.
DUTIES OF A TAXICAB DRIVER
6. (1) Each taxicab driver shall:
a) be neat and clean in person while on duty;
b) punctually keep all appointments and engagements;
c) unless his taxicab has been previously engaged, serve at any place within the Town
and at any specified time, whether by day or night, any person who may lawfully
require his taxicab however, have the right to refuse a customer on the basis that the
driver is concerned for personal safety or that the driver has a reasonable belief that
the customer may not be able to pay the fare;
d) upon request of any passenger, provide a receipt for the fare, or charge made and
paid, indicating "Taxicab" thereon and stating:
i) the place of pick up and discharge of any person;
ii) the mileage travelled;
iii) his name;
iv) the number of his taxicab driver licence;
v) the number of the taxicab owner licence for the vehicle; and
vi) the Provincial Motor Vehicle Permit Number for the taxicab;
e) take due care of all property delivered or entrusted to him and accepted by him for
conveyance or safe keeping, and immediately upon termination of any hiring or
engagement, search his vehicle for any property left therein and deliver to the
person owning the same all money or property left in his taxicab; or if the owner
cannot be at once found, deliver the said property to the Oxford County OPP
Detachment and report all information pertaining thereto in his possession;
f) maintain the interior and exterior of the taxicab within his control in a clean and
tidy condition;
g) daily keep a trip record of all trips made by him containing the following
information:
i) the number of the taxicab owner licence issued pursuant to the provision of this
by-law
ii) his name, address and taxicab driver licence number;
iii) the date, time and location of the beginning and termination of each trip and the
number of passengers carried; and
iv) the amount of the fare collected for each trip;
h) make his trip record and all information as to passengers carried available to any
Police Officer and to the Municipal By -Law officer when requested to do so;
i) notify the Municipal By -Law Officer in writing within six days of change of
address; and
j) take the shortest and quickest possible route to the destination of the passenger,
unless the passenger directs the taxicab driver to take another.
(2) In addition to complying with all other requirements of this by-law with
respect to taxicab drivers, every licensed accessible taxicab driver shall:
a) 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;
b) ensure that any wheelchair accessible taxicab he is operating:
i) is equipped with an extra tire, wheel and jack ready for use for that vehicle;
c) ensure that only a person licensed under the provisions of this by-law as an
accessible taxicab driver, and whose licence is endorsed by the Municipal By -Law
Officer, is permitted to drive an accessible taxicab under his control;
d) keep accurate, daily records of the number of trips made for disabled passengers
and for non -disabled passengers; and
e) give priority to the use of the accessible taxicab by disabled passengers, and then
permit its use for non -disabled passengers.
(3) A taxicab driver shall not:
a) solicit any person to take or use his taxicab by calling out or shouting. (The person
wishing to use or engage a taxicab or limousine shall be left to choose without
interruption or solicitation);
b) be under the influence of any intoxicant or take, consume or have in his possession
any intoxicant while in charge of a taxicab, nor shall the use thereof by him be
apparent while he is in charge of such vehicle;
c) employ or allow any runner or other person to assist or act in concert with him in
obtaining any passenger or baggage at any of the public taxicab stands, railway
stations or elsewhere in the said Town;
d) carry more than five passengers in any taxicab used for hire or more than a number
equal to the maximum insured capacity of the taxicab;
e) induce any passenger to employ him either knowingly, want only or wilfully by
misinforming, misleading or deceiving such passenger as to the time or place of the
arrival or departure of any railroad train, boat or other public conveyance, or the
location or distance from any part of the Town of any railway station, boat landing,
hotel, public place or private residence or other place; nor in any manner or form
impose upon, deceive, or in any way insult, abuse or ill-treat any passenger;
f) carry any passenger who is under the influence of any intoxicant while his taxicab
is occupied by a person who is not accompanying the person so under the
influence;
g) carry any person while on duty or subject to call, other than the person or persons
employing his services, unless first approved by that person;
h) overcrowd a public taxicab stand, nor back onto the same nor push or displace any
taxicab already in the stand. (A driver who wishes to enter a public taxicab stand
with his taxicab shall do so by taking his position at the end of any line formed by
other taxicabs already in the stand and when a driver is either first or second in line
in such stand, he shall remain in the driver's seat of his taxicab ready to be hired);
and
i) smoke while a passenger is in the vehicle.
DUTIES OF A TAXICAB OWNER
7. (1) Each licensed taxicab owner shall:
a) hold a separate taxicab owner licence for each vehicle used or kept for hire as a
taxicab;
b) maintain insurance on each vehicle;
c) ensure that each vehicle for which he is licensed is, in its interior, neat, clean, dry
and in good repair; and, on its exterior, clean and in good repair, free from exterior
body damage and has a well-maintained paint finish;
d) submit each licensed taxicab for safety inspection by a qualified and licensed
automobile mechanic annually, and at such other time or times when requested to
do so by a Police Officer or by the Municipal By -Law Officer, and submit to the
Municipal By -Law Officer a valid Safety Standards Certificate issued in
accordance with the Highway Traffic Act of Ontario at the time of the taxicab
licence renewal or transfer;
e) submit each licensed taxicab for general inspection by the Municipal By -Law
Officer or a Police Officer annually, and at such other time or times when requested
to do so by either of them;
f) provide and maintain therein or thereon, for each vehicle licensed pursuant to this
by-law, the following:
i) prominently display the licence permit issued by the Municipal By-law
Enforcement Officer securely affixed to the rear exterior of the taxicab;
ii) securely affixed on the top of the taxicab an illuminated electric sign, indicating
that the vehicle is a taxicab, and the name of the fleet in which it operates;
g) ensure that taxicab drivers in his employ retain the daily trip records referred to in
this by-law for a period of time not less than twelve months, that such records shall
be open to inspection by any person authorized by the Municipal By -Law Officer
and that such records may be removed and retained by the Municipal By -Law
Officer for a reasonable time;
h) notify the Municipal By -Law Officer in writing within six days of a change of
address;
i) in the case of a corporation, firm or agent thereof, notify the Municipal By -Law
Officer immediately upon a change in ownership of the individual holding shares of
the company;
(2) In addition to complying with all other requirements of this by-law with
respect to taxicab owners, every licensed accessible taxicab owner shall:
a) Keep accurate records of the number of trips made monthly for disabled passengers
and for non -disabled passengers;
b) ensure that the accessible taxicab he is operating:
i) is equipped with an extra tire, wheel and jack ready for use for that vehicle;
ii) has approved wheelchair tie -downs;
c) in addition to all of the other general taxicab owner responsibilities, prescribed by
this by-law, ensure that only a person licensed under the provisions of this by-law
as an accessible taxicab driver, whose licence has been. endorsed by the Municipal
By -Law Officer, is permitted to drive an accessible taxicab under his or her control;
d) ensure that before using, or permitting to be used, any vehicle that is licensed under
the provisions of this by-law as an accessible taxicab, that the said vehicle complies
with Ontario Regulation 167/81, as amended, Canadian Standards Associations
Standard D409 -M84 and all other pertinent federal and provincial regulations as
established from time to time; and
e) ensure that priority is given to the use of the accessible taxicab by disabled
passengers, and thereafter permit the taxicab to be used for non -disabled
passengers.
(3) A taxicab owner shall not:
a) employ any person to operate his taxicab who does not hold a valid taxicab driver
licence issued pursuant to this by-law;
b) use or permit to be used any taxicab licence issued to him pursuant to this by-law
for any vehicle other than the vehicle for which the licence was issued;
c) use or permit to be used in any of his taxicabs any type of scanning device, more
than one two-way radio communication system, or more than one cellular
telephone; and constructed or subsequently modified to permit the loading,
transportation and off-loading of those individuals confined to a wheel chair, or
similar device used to assist the physically disabled, without transfer, which does
not comply with Ontario Regulation 167/81, as amended and the Canadian
Standards Association's Standard D409 -M84.
DUTIES OF A LIMOUSINE DRIVER
8. (1) Each limousine driver shall:
a) be neat and clean in person while on duty and, if a. driver of an executive or
stretched limousine, wear a uniform approved by the vehicle owner;
b) punctually keep all appointments and engagements;
c) maintain the interior and exterior of the limousine within his control in a clean and
tidy condition;
d) notify the Municipal By -Law Officer, in writing, within six days of a change of
address;
e) if driving an Executive Limousine:
i) upon the request of any passenger, provide a receipt for the fare or charge made
and paid;
ii) take due care of any property delivered or entrusted to him and accepted by him
for conveyance or safekeeping and immediately upon termination of any hiring or
engagement, search the limousine for any property left therein and deliver to the
person owning the same all money or property left in his limousine; or if the owner
cannot be at once found, deliver the said property to the Oxford County OPP and
report all information pertaining thereto in his possession;
iii) maintain a daily trip record of all trips made by him containing the following
information:
i) the number of the limousine owner licence issued pursuant
to the provisions of this by-law;
ii) -his name, address and limousine driver licence number;
iii) the date, time and location of the beginning and the
termination of each trip and the number of passengers
carried;
iv) -the amount of the fare collected for each trip;
v)unless his limousine has been previously engaged, serve at any place within the
Town and at any specified time, whether by day or night, any person who may
lawfully require his limousine;
f) make his trip record and all information as to passengers carried available to any
Police Officer and to the Municipal By -Law Officer when requested to do so; and
g) have the right to refuse a customer on the basis that the driver is concerned for
personal safety or that the driver has reasonable belief that the customer may not be
able to pay the fare.
(2) A limousine driver shall not:
a) solicit any person to take or use his limousine by calling out or shouting or by any
other fashion;
b) be under the influence of any intoxicant or take, consume or have in his personal
possession any intoxicant while in charge of a limousine; nor shall the use thereof
by him be apparent while he is in charge of the limousine;
c) utilize any taxicab stand or other location specifically set aside for the use of
taxicabs;
d) carry any passenger who is under the influence of any intoxicant while his
limousine is occupied by a person or persons who are not accompanying the person
so under the influence;
e) smoke while a passenger or passengers are occupying the limousine; and
f) if driving an Executive Limousine:
i) induce any passenger to employ his vehicle either knowingly, wantonly or
wilfully by misinforming, misleading or deceiving the passenger as to the time
or place of the arrival or departure of any train, boat, or other public
conveyance, or the location or distance from any part of the Town of any
railway station, boat landing, hotel, public place or private residence or other
place; nor in any manner or form impose upon, deceive or in any way insult,
abuse or mistreat any passenger; and
carry any person while on duty or subject to call, other than the person or
persons employing his services, unless first approved by that person;
DUTIES OF LIMOUSINE OWNER
9. 1) Each limousine owner shall:
a) hold a separate limousine owner licence for each vehicle used or kept for hire as a
limousine;
b) maintain insurance on each vehicle;
c) ensure that each vehicle for which he is licensed is, in its interior, neat, clean, dry
and in good repair; and, on its exterior, clean and in good repair, free from exterior
body damage and has a well-maintained paint finish;
d) submit each licensed limousine for safety inspection by a qualified and licensed
automobile mechanic annually, and at such other time or times when requested to
do so by a Police Officer or by the Municipal By -Law officer, and submit to the
Municipal By -Law Officer a valid Safety Standards Certificate issued in
accordance with The Highway Traffic Act of Ontario at the time of the limousine
owner licence renewal or transfer;
e) submit each licensed limousine for general inspection by the Municipal By -Law
Officer or by a police officer annually, and at such other time or times when
requested to do so by either of them;
f) provide and maintain the licence permit issued by the Municipal By -Law Officer
prominently displayed to the front windshield of the limousine in a conspicuous
position;
g) notify the Municipal By -Law Officer in writing within six (6) days of a change of
address;
h) maintain an accurate record of all requests for the hire of a limousine, along with
the following information for each limousine dispatched:
i) the number of the limousine owner licence issued under the provisions of this
by-law;
ii) the date and time of dispatching;
iii) the name and limousine driver licence number of the driver;
iv) the address to which such limousine is dispatched, if applicable;
2) A limousine owner shall not:
a) employ any person to operate his limousine who does not own a valid limousine
driver licence issued pursuant to this by-law;
b) use or permit to be used any limousine licence issued to him pursuant to this by-law
on any vehicle other than the vehicle for which the licence was issued;
c) operate or permit to be operated a limousine which was constructed or subsequently
modified to permit the loading, transportation and off-loading of those individuals
confined to a wheelchair, or similar device used to assist the physically disabled
without transfer, which does not comply with Ontario Regulation 167/81, as
amended and the Canadian Standards Associations;
d) Use, or permit to be used in any of his limousines, any type of scanning device,
more than one two-way radio communication system, or more than one cellular
telephone; and
Use, or permit to be used on any of his limousines that are licensed under the provisions of
this by-law, any type or form of roof sign or top light.
FARES
10. (1) The rates or fares to be charged by the owners or drivers of taxicabs for the
conveyance of passengers/and or goods wholly within the Town of Tillsonburg or to any
point not more than 5 kilometres beyond its limits, shall be exactly as shown in Schedule
"A" (Taxicab Fares) attached hereto and part of this by-law and no higher or lower amount
than that contained in the said Schedule shall be charged or payable, whether such rates
and charges are determined by distance or by time; provided that an owner and customer
may enter into a contract in writing, for services to extend for the period of a year or more
on runs between fixed points at an agreed tariff, but a duplicate original of such contract
must first be filed with and approved by the Municipal By-law Officer; provided however
that the said contracts shall not be deemed to be public documents and shall not be made
available by the Municipal By-law Officer to anyone other than the parties to the said
agreement.
(2) The rates or fares to be charged by the owners of licensed taxicab shall be fixed by
the said owners, provided however, that the rates and fares so fixed shall be published by
each owner once in a local paper having gerneral circulation in the Town at least two
weeks prior to the effective date of such rates or fares or any change thereof.
11. LIMITATIONS
(1) (a) Each newly licensed taxicab owner shall be required to place his or
her taxicab into operation within 30 days from the date of notification from the
Municipal By -Law Officer that the said licence has been granted.
(2) (a) Each and every taxicab owner shall maintain his or her taxicab in
operation on a permanent full-time basis.
(b) Should any taxicab owner fail to maintain in operation any taxicab
under his ownership for a period in excess of 90 successive days, such
taxicab owner licence shall be suspended or revoked by the Detachment
Commander.
(3) Each taxicab owner shall maintain his taxicab in operation for a
period of not less than 120 days prior to offering the said taxicab for transfer,
except in the case of the death of a licensed taxicab owner, in which case his or
her estate may immediately dispose of the taxicab.
(4) The transfer of taxicab owner licences is restricted in accordance with
the following to any person who qualifies to hold such licence pursuant to the
provisions of this bylaw.
12. RENEWAL, SUSPENSION AND REVOCATION
1) Each licence unless previously suspended or revoked shall be renewed upon payment
of the appropriate fee.
2) The holder of Class A Taxicab owner licence must within 12 months of the passing of
this bylaw meet the requirements of a Class C Taxicab owner.
3) Licences maybe refused, suspended or revoked by the Municipal By -Law Officer or
the Detachment Commander at their discretion and it shall not be bound to give any
reason for refusing, suspending or revoking any licence. Notice of the suspension or
revocation of any licence may be given by the Detachment Commander or the
Municipal By -Law Officer by registered letter mailed to the address given by the
licensee in their application for the licence and upon such notice being so given, the
licence shall be suspended for a stated period or in the case of revocation, shall be of no
further effect.
4) All licences which remain inoperative for a period of three months shall be revoked.
13. LICENCE FEES
The annual licence fees to be paid to the Town for those licences referred to in this by-
law shall be as outlined in Schedule "A" (Licence Fees), attached hereto and forming
part of this by-law.
14. SCOPE
1) This by-law shall apply to taxicab owners and drivers of, which vehicles are kept or
used for hire in the Town of Tillsonburg. The fares schedules attached hereto and
forming part of this by-law shall apply respectively use for use of taxicabs wholly
within the Town or to any point not more than 5 kilometres beyond its limits.
2) No person shall be required to be licensed under the provisions of this by-law for the
operation of an ambulance or a funeral hearse.
3) None of the provisions of this by-law applies to any person with whom they have a
contract for the provision of paratransit services are actually engaged in the provisions
of such service.
4) The applicable provisions of this by-law apply to any person who is operating a
"taxicab" an "accessible taxicab" or a "limousine" of any type defined in this by-law
when that person is not engaged in the provision of a paratransit service and is engaged
in the provision of a motor vehicle for hire service that is licensed and regulated by the
provisions of this by-law.
PENALTIES
15. Fine -for contravention
Every person who contravenes any provision of this by-law and every director or officer of
a corporation who concurs in such contravention by the corporation is guilty of an offence
and on conviction is liable to a fine not exceeding $25,000.
15.1 Fine -for contravention —corporation
Where a corporation is convicted of an offence under subsection 15 of this by-law, the
maximum penalty that may be imposed on the corporation is $50,000.
15.2 Continuation -repetition -prohibited -by order
The court in which the conviction has been entered and any 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 on
the person convicted.
15.3 Integrity of by-law —severability
Not withstanding that any section or sections of this by-law, or any part or parts thereof,
may be found by any court of law to be bad or illegal or beyond the power of the Council
to enact, such section or sections or part or parts thereof shall be deemed to be severable
and all other sections of this by-law, or parts thereof, are separate and independent there
from and enacted as such.
15.4 Notice -- unpaid licensing fine
If a fine for a contravention of this by-law remains unpaid after the fine becomes due and
payable under section 66 of the Provincial Offences Act, including any extension of time
for payment ordered under that section, the Municipal By -Law Officer may give the person
against whom the fine was imposed a written notice specifying the amount of the fine
payable and the final date on which it is payable, which shall be not less than 21 days after
the date of the notice, by delivering the notice or causing it to be delivered to that person at
the person's residence or place of business.1994,c.37,s.5.
15.5 Distress -- unpaid licensing fine
If the fine referred to in section 15.4 of this by-law remains unpaid after the final date on
which it is payable as specified in the notice, the Municipal By -Law Officer may alone or
by an agent subject to the exemptions provided for in subsection 400(4) of the Municipal
Act, as amended, levy the unpaid fine with costs by distress:
a) upon the goods and chattels, wherever found, belonging to or in the possession of the
person fined;
b) upon the interest of the person fined in any goods to the possession of which the person
is entitled under a contract for purchase, or a contract by which the person may or is to
become the owner thereof upon performance of any condition;
c)upon any goods and chattels in the possession of the person fined where title to them
is claimed;
(i) by virtue of an execution against the person fined;
(ii) by purchase, gift, transfer or assignment from the person fined,
whether absolute or in trust, or by way of mortgage or otherwise;
(iii) by the spouse, daughter, son, daughter-in-law or son-in-law of the
person fined, or any of his or her relatives, in case such relative lives as
a member of the family; or r
(iv)by virtue of any assignment or transfer made for the purpose of
defeating distress; and
d)upon goods and chattels that at the time the fine was imposed were the property and on
the premises of the person fined and are still on the same premises, even if such goods are
no longer the property of the person fined. 1994, c.37, s.5;1999,c.6,s.40(8).
15.6 Levy of fines under warrant
If at anytime after the notice is given and before the final date on which the fine
is payable as specified in the notice, the Police Officer has good reason to
believe that any person in whose hands goods and chattels are subject to
distress under section (3)is about to remove such goods and chattels out of the
province and makes affidavit to that effect before the head of council of the
municipality or before any justice of the peace, the head of council or any
justice of the peace, the head of council or justice shall issue a warrant to the
Police Officer authorizing him or her to levy for the fines and cost in the
manner provided by this section.
15.7 Application of ss. 400-405 —Municipal Act
Subsections 400(3), (4), (5), (8), (9), (10), (11) and (12) and sections 402, 403, 404 and
405, apply with necessary modifications to the distress for an unpaid licensing fine under
this section. 1994,c.37. s.5.
15.8 Defect in notice — not to invalidate subsequent proceedings.
No defect, error or omission in the form or substance of the notice required by this
section invalidates any subsequent proceedings for the recovery of a fine.
16. The use of pronouns throughout this by-law shall be deemed to be gender
neutral.
17. By-law No. 2693and all its amendments are hereby repealed.
18. This By-law shall come into force and effect upon final passing.
READ A FIRST AND SECOND TIME this 28th day of JANUARY, 2002.
READ A THIRD TIME AND FINALLY PASSED THIS 25th day of November,
2002.
MAY LER''
SCHEDULE "A"
TAXICAB FARES
BY-LAW NO. 2995
1. $4.50 Flat rate in the Town of Tillsonburg
2. $3.50 will be given, on a 24 hour per day basis, to Senior Citizens
SCHEDULE "B"
LICENCE FEES
BY-LAW NO. 2995
Schedule "B" to the by-law to provide for licensing, regulating and governing taxicab
owners, limousine owners and drivers of motor vehicles used for hire, and for limiting the
number of taxicab owner licences, to which it is attached and forms a part.
Each licence fee listed herein shall be the maximum annual licence fee charged by the
Town of Tillsonburg in each particular licence category.
TAXI LICENSING FEES
1) Taxicab Owner Stand (Annually) $ 125.00
2) Taxicab Driver Licence 25.00
3) Renewal (Annually) 15.00
LIMOUSINE LICENSING FEES
1) Limousine Owner Licence (Annually) $ 100.00
i) Limousine Driver Licence 25.00
ii) Renewal (Annually) 15.00
OTHER FEES
1) For each taxicab vehicle used in carrying $ 35.00
passengers or goods for hire within the Town of Tillsonburg
(Annually)
2) For each limousine vehicle used in carrying passengers 35.00
(Annually)
3) For each transfer of a Licence, meeting with the approval 15.00
of the Inspector.
SCHEDULE "C"
FITNESS REPORT
CORPORATION OF THE TOWN OF TILLSONBURG
Signature of Driver
Day I Month Year
_REJECTED VEHICLE
INTERIOR INSPECTIONS
TAXICAB FITNESS REPORT
This vehicle has been rejected
Front Seat
20
It is mandatory to register all vehicles with the Municipal
and must be returned by the
Rear Seat
21
By -Law Officer. You are required to provide
date specified below to:
Arm Rests
22
the following documents:
Door Panels & Win-
23
1. Provincial Motor Vehicle Registration
Date:
dow Cranks
Headliner
24
2. Cab Owner's Licence
3. An approved MTC Vehicle Inspection Report
Exterior Inspection: Body Co-
Tariff Card & Bracket
25
4. Certificate of Insurance
ndition & Required
Floor Mats
26
Shampoo Interior
27
Broker's
Fenders 01
Other Interior
28
Doors 02
PHYSICAL INSPECTION
Name
And
Trunk Lid 03
Approved Not Approved
Plate No.
Hood 04
[ ]
Bumpers 05
Licence Inspector
Name and
Grill 06
Hub Cas 07
VEHICLE INFORMATION
Address
Door Handles 08
Make -Year
Ontario Plate
of Owner
[
Exterior Moulding 09
Taxi Driver's NAME and LICENCE NUMBER
Door Numbers 10
1V.I.N
Tire Condition 11
Insurance Company
Insurance Broker
Exhaust 13
LIST MECHANICAL DEFECTS
Lights 14
Roof Light 15
Policy #
working with Meter
METER INSPECTION
Taxi -Cab Plate 16
Trunk: Clean Out 17
Car Wash 18
Other Exterior 19
Fast M. Time:
Slow M. Sealed:
Approved Not Approved
Licence Inspector