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Taxi By-law: Part III - Taxi-Cab Driver Licence

Prohibition

26.

 (1) No Driver shall provide or attempt to provide a Taxi-cab Service without first having obtained a Taxi-cab Driver Licence from the Clerk in accordance with this By-law.

(2) No Driver shall use or attempt to use a Motor Vehicle for a Taxi-cab Service unless the Motor Vehicle has a Taxi-cab Owner / Vehicle Licence as issued by the Clerk under this By-law.

Licence Application

27. Every person who applies for a Taxi-cab Driver Licence shall provide the Clerk with:

(1) the person's name, address, telephone number and date of birth;

(2) proof of a valid Province of Ontario Driver's Licence with at least two (2) years  driving experience before applying for the Taxi-cab Driver Licence;

(3) confirmation that the person has not had a licence to operate a taxi-cab of any  class revoked in the three (3) year period before applying for the Taxi-cab Driver  Licence;

(4) a Police Criminal Background Check and Ministry of Transportation Driver's  Abstract showing that the person meets the criteria as set out in Schedule "C" of  this By-law; and

(5) a true photograph of the person's face for the purpose of creating a Taxi-cab Driver Licence.

28.  A Taxi-cab Driver Licence shall only be issued to a person who has the use of a Taxi-cab Broker that is licensed under this By-law.

29. The Clerk may issue a Taxi-cab Driver Licence to an applicant that has satisfied the requirements of this By-law on a one (1) month or one (1) year term, as requested by the applicant.

General Licence Requirements

30. Every person who holds a Taxi-cab Driver Licence while operating a Taxi-cab as licensed under this By-law shall display his or her licence, in either a paper or electronic format, in a location that is clearly visible to all Passengers and shall verbally advise any Passenger of their Taxi-cab Driver Licence number upon request.

31. Every person who holds a Taxi-cab Driver Licence while operating a Taxi-cab as licensed under this By-law shall ensure that the GPS and dispatch system for the Taxi-cab is operating.

32.    No person who holds a Taxi-cab Driver Licence shall:

(1) verbally solicit any person for the purposes of providing a Taxi-cab Service;

(2) obstruct the use of any sidewalk, access way or highway with the Taxi-cab as licensed under this By-law;

(3) permit his or her Taxi-cab as licensed under this By-law to remain idling:

i)     for a period that exceeds ten (10) minutes when the outdoor temperature is between ten (10) degrees Celsius and twenty (20) degrees Celsius; or

ii)    when the Taxi-cab is not occupied by a Passenger;

(4)  permit his or her Taxi-cab as licensed under this By-law to remain standing on any street or highway, other than in designated parking areas, unless for the immediate purpose of:

i)     taking on a Passenger or Passengers who have already engaged the Taxi-cab; or

ii)    discharging a Passenger or Passengers from the Taxi-cab;

(5) carry a number of Passengers during a Taxi-cab Service that exceeds the manufacturer's rating of seating capacity for the Taxi-cab;

(6) carry any Passenger other than those Passengers engaging the Taxi-cab unless the Passenger is a driver-in-training;

(7) smoke tobacco or permit tobacco to be smoked in his or her Taxi-cab as licensed under this By-law;    

(8) consume or be under the influence of any alcohol while operating a Taxi-cab licensed under this By-law;

(9) consume, possess or be under the influence of any controlled substance as  defined in the Controlled Drugs and Substances Act while operating a Taxi-cab licensed under this By-law; or

(10) use an electronic cigarette or permit the use of an electronic cigarette, as those terms are defined in the Electronic Cigarettes Act, 2015, in his or her Taxi-cab as licensed under this By-law.

33.  Every person who holds a Taxi-cab Driver Licence that is operating an Accessible Taxi-cab shall give priority to persons confined to Wheelchairs.

34. Every person who holds a Taxi-cab Driver Licence providing an Accessible Taxi-cab Service shall securely fasten all Wheelchairs so the Wheelchairs do not move while the Accessible Taxi-cab is in motion.

35.

(1) Every person who holds a Taxi-cab Driver Licence shall notify the Clerk within twenty-four (24) hours of any charge or conviction relating to the licence holder pursuant to the Highway Traffic Act with all particulars relating to the charge or conviction.

(2) Every person who holds a Taxi-cab Driver Licence shall provide the Clerk, upon the Clerk's demand, with a Police Criminal Background Check of all criminal convictions for which the person has not received a pardon or record suspension.

(3) Every person who holds a Taxi-cab Driver Licence shall notify the Clerk within twenty-four (24) hours of any police investigation, charge or conviction relating to the licence holder pursuant to the Criminal Code or the Controlled Drugs and Substances Act with all particulars relating to the investigation, charge or conviction.

Special Licence Requirements (Meter Taxi-cab Driver)

36. Every person who holds a Taxi-cab Driver Licence while operating a Meter Taxi-cab shall turn off the illuminated top sign when the Meter Taxi-cab is engaged in a Meter Taxi-cab Service.

37.

(1) Every person who holds a Taxi-cab Driver Licence providing a Meter Taxi-cab Service shall ensure that:

i)     his or her Taxi-cab Meter is fully operational and accurate;

ii)    his or her Taxi-cab Meter is sealed;

iii)   his or her Taxi-cab Meter conforms to the maximum fees as prescribed in Schedule "A" of this By-law, attached;

iv)   his or her Taxi-cab Meter is located where it is visible to all Passengers; and

v)    the fee charged to the Passenger or Passengers conforms to that as set out on the Taxi-cab Meter.

(2) Subsection (1)(v) of this section shall not apply where the Meter Taxi-cab Service is being carried out pursuant to:

i)     an ongoing written contract between the Meter Taxi-cab Broker and the Passenger or a third party on behalf of the Passenger for repeated Meter Taxi-cab Services or Accessible Taxi-cab Services; or

ii)    a Pre-Arranged Taxi-cab Service through an on-line enabled application, website or telephone provided that a written or electronic record is maintained showing that the Passenger accepted the fare or rate prior to commencement of the Pre-Arranged Taxi-cab Service and the Taxi-cab Driver provides a written or electronic receipt to the Passenger at the conclusion of the Pre-Arranged Taxi-cab Service that sets out all rates, fees and/or surcharges charged, total amount paid, date and time of the Taxi-cab Service, location of the commencement and conclusion of the Taxi-cab Service, and the total time and distance of the Taxi-cab Service.

38. Where a Taxi-cab Meter is not fully operational or the Taxi-cab Meter's seal is broken, the person who holds a Taxi-cab Driver Licence that is operating the Meter Taxi-cab shall immediately report such to the Clerk and shall cease to provide any Meter Taxi-cab Service or Accessible Taxi-cab Service.

39. The fee for the testing or retesting of a Taxi-cab Meter shall be in accordance with the Licence Fees and Charges By-law and shall be payable by the person holding the Meter Taxi-cab Owner / Vehicle Licence.

40.

(1) No person who holds a Taxi-cab Driver Licence providing a Meter Taxi-cab Service shall turn on his or her Taxi-cab Meter before the Passenger occupies the Meter Taxi-cab.

(2) Notwithstanding subsection (1) of this section, a person who holds a Taxi-cab Driver Licence may turn on his or her Taxi-cab Meter before the Passenger  has occupied the Meter Taxi-cab if:

i)    the Passenger has requested the Meter Taxi-cab at a specific location at a specific time; or

ii)   the person who holds a Taxi-cab Driver Licence or Passenger is loading or unloading the Passenger's personal items, with the exception of mobility aids or mobility assistive devices, into or from the Meter Taxi-cab.

41.

(1) Every person who holds a Taxi-cab Driver Licence providing a Meter Taxi- cab Service shall display a Tariff Card in a location that is clearly visible to all Passengers.

(2) Every person who holds a Taxi-cab Driver Licence providing a Meter Taxi- cab Service shall verbally advise a Passenger of the contents of the Tariff Card upon request.

Special Licence Requirements (Auxiliary Taxi-cab Driver)

42. No person who holds a Taxi-cab Driver Licence shall park or stop an Auxiliary Taxi-cab in any Taxi-cab Stand.

43. No person who holds a Taxi-cab Driver Licence that is operating an Auxiliary Taxi-cab shall provide or attempt to provide a Hail Taxi-cab Service.

44. No person who holds a Taxi-cab Driver Licence who has provided a Pre-Arranged Taxi-cab Service shall charge a fee or attempt to charge a fee to a Passenger or any other person unless it is the fee or is in accordance with the fee structure that was accepted or agreed to as part of the Pre-Arranged Taxi-cab Service.

45. Every person who holds a Taxi-cab Driver Licence that is operating an Auxiliary Taxi-cab Service and has provided a Pre-Arranged Taxi-cab Service through an on-line enabled application, website or telephone shall provide a written or electronic receipt to the Passenger at the conclusion of the Pre-Arranged Taxi-cab Service that sets out all rates, fees and/or surcharges charged, total amount paid, date and time of the Taxi-cab Service, location of the commencement and conclusion of the Taxi-cab Service, and the total time and distance of the Taxi-cab Service.

Licence Expiration

46.

(1) Every Taxi-cab Driver Licence that is issued for a one year term shall expire at 4:30 p.m. on the licence holder's date of birth of each year.

(2) Notwithstanding subsection (1) of this section, if the licence holder's date of birth falls on a Holiday then the Taxi-cab Driver Licence shall expire at 4:30 p.m. on the following day that is not a Holiday.

(3) Every Taxi-cab Driver Licence that is issued for a one (1) month term shall expire thirty (30) calendar days after issuance by the Clerk.

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