Being a By-law to Licence, Regulate and Govern Owners and Drivers of Vehicles for Hire and to repeal By-law 314/04 and all its amending by-laws
Whereas Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended hereinafter referred to as the “Municipal Act” provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising the authority under the Act 1;
And Whereas Section 151 of the Municipal Act, provides that a municipality may provide for a system of licences with respect to a business2;
And Whereas the Council for the Town of Petawawa deems it desirable and in the public interest to enact a Vehicle for Hire By-law;+1
Now Therefore the Council of the Corporation of the Town of Petawawa enacts as follows:
“Applicant” means a person applying for a licence under this by-law and includes the person renewing a licence.
“Clerk” means the municipal Clerk of the Corporation of the Town of Petawawa or their designate.
“Driver” means the individual who has care and control of a Vehicle for Hire.
“Limousine” means a full-size luxury motor vehicle, having a minimum of four doors, which does not have either a taximeter, a roof sign or a two-way radio and is used for hire on an hourly or flat rate basis. For the purpose of this by-law, any van seating less than eleven (11) persons including the Driver and used for hire on an hourly or flat rate basis shall be regarded as a limousine 3.
“Owner” means the person who directs the operation, has control over, or is the owner of the motor vehicle or business.
“Private Transportation Company” or “PTC” means a person who receives, relays, authorizes, facilitates, enables, or communicates an order for transportation services through a PTC App.
“PTC App” means any software, technology, or service, including a smartphone application or other comparable technology used to connect passengers with a PTC Driver for transportation services.
“PTC Vehicle” means a motor vehicle with a seating capacity of not more than seven (7) passengers, including the PTC Driver that provides transportation services through a PTC App but does not include a Taxicab or Limousine.
“Taxicab” includes any motor vehicle that is equipped with a taximeter, used for hire for the conveyance of passengers, with a manufacturer’s rated seating capacity of not more that eight (8) persons including the Driver4.
“Vehicle for Hire” means a Taxicab, Limousine, or a PTC Vehicle.
2.1 No person shall operate or drive a Vehicle for Hire for the transportation of passengers or goods from any point within the Municipality except under the authority and accordance of this by-law.
2.2 No person shall own, keep, or permit a motor vehicle to be used as a Vehicle for Hire in the transportation of passengers or goods from any point within the Municipality except under the authority and accordance of this by-law.
2.3 No Owner or Driver of a Vehicle for Hire duly licenced by another municipality shall respond to requests or operate within the jurisdiction of the Town of Petawawa 5.
2.4 Not withstanding subsection 2.1, no such licence shall be required of an Owner or Driver of a Vehicle for Hire, duly licenced by another municipality, if the only activity of such Owner or Driver is the result of a conveyance which originated in the municipality in which said licence was issued.
This by-law shall be administered by the Clerk and/or their designate. The Clerk shall not be bound to issue a licence if the applicant is in breach of the law or conducting activities adverse to the public. Any person whose application has been refused may request a hearing of Council 6.
Within the Town of Petawawa, no person shall:
4.1.1 drive or operate a Vehicle for Hire without having a current valid Vehicle for Hire Driver’s Licence; or
4.1.2 keep or own a Vehicle for Hire without having a current valid Owner’s Licence issued under the provisions of this by-law 7.
5.1 Every licence issued pursuant to this by-law shall be valid for a period of one (1) year only, being from January 1st to December 31st inclusive.
5.2 Applications for renewals must be submitted no later than fifteen (15) days prior to the expiration of each licence 8.
No licence shall be issued to an applicant for a Vehicle for Hire Driver’s Licence unless the Clerk has been furnished with:
8.2.1 a current valid Class G (or higher) Driver’s licence issued by the Province of Ontario;
8.2.2 satisfactory proof that the applicant is at least eighteen (18) years of age;
8.2.3 proof of Canadian Citizenship, Landed Immigrant Status, or Work Permit;
8.2.5 a Criminal Record Check (Vulnerable Sector) dated no less than thirty (30) days prior to the application;
8.2.6 a Driver’s Abstract dated no later than 30 days prior to the application;
8.2.7 a signed declaration regarding outstanding charges or warrants; and
8.2.9 the appropriate licence fee in accordance with Appendix A 9.
Every Vehicle for Hire Driver licenced under this by-law shall:
9.1.1 carry the Driver’s licence issued under this by-law and their Ontario Driver’s licence at all times when operating a Vehicle for Hire.
9.1.2 display their Vehicle for Hire Driver’s Licence where it is clearly visible to any passenger.
9.1.5 be prohibited from smoking within the Vehicle for Hire or allow any passengers to smoke.
9.1.6 take, consume, or have in their possession any alcohol, drugs, or intoxicants prior to and/or during operation.
9.1.9 punctually keep all appointments and provide service at any location within the Municipality.
9.1.13 not demand or receive any higher fare or charge than that specified in accordance with Appendix A of this by-law.
9.1.14 drive the most direct route unless otherwise requested by the passenger.
9.1.17 ensure passengers under 16 wear seat belts (unless requiring infant/toddler seats).
9.1.21 provide services that are free from discrimination and respect all grounds protected by the Ontario Human Rights Code.
9.1.22 not refuse service to a person accompanied by a Service Animal 10.
9.1.23 (Exception) A Driver may refuse service to a person with a Service Animal if they have a medical certificate regarding an allergy filed with the Owner11.
A separate Owner’s Licence is required for each vehicle. The Clerk must be provided with:
10.3.3 proof of insurance in accordance with Section 16.0;
10.3.4 copy of the current Motor Vehicle Permit or leasing agreement;
10.3.6 a current Safety Standards Certificate (issued within 30 days prior); and
10.3.9 the appropriate licence fee in accordance with Appendix B 12.
A Taxicab Owner shall:
11.1.2 affix the Taxicab Owner’s Plate securely to the left rear end of their Taxicab.
11.1.4 keep original/copy of: Motor Vehicle Permit, Schedule of Fares, Owner’s Licence, and Liability Insurance Certificate in the vehicle.
11.1.10 equip the Taxicab with an illuminated electric roof sign displaying the company name.
11.1.12 ensure each Taxicab is equipped with a calibrated, sealed taximeter kept in good working condition.
11.1.13 provide for off street parking for every vehicle which they own or operate13.
A Limousine Owner shall:
12.1.2 keep original/copy of Motor Vehicle Permit, Owner’s Licence, and Insurance Certificate in the vehicle.
12.1.4 not permit any Driver to be on duty for more than twelve (12) consecutive hours.
12.1.8 provide for off street parking for every vehicle which they own or operate 14.
A PTC Owner shall:
13.1.2 provide the Clerk with the PTC Identifier.
13.1.4 demonstrate the PTC App provides the passenger with the PTC name/contact, Driver’s first name, Vehicle make/model/plate, estimated fare, and current location.
13.1.8 provide a receipt including fare, date/time, distance, and pick-up/destination.
13.1.9 incorporate a GPS to record all transportation services.
13.1.10 permit a maximum of ten (10) PTC Drivers affiliated with a single PTC.
13.1.15 keep Motor Vehicle Permit, Owner’s Licence, and Insurance Certificate in the vehicle.
13.1.21 create and maintain information on all orders including dates, times, driver name, locations, and fares paid 15.
14.1.1 Advertising on a PTC vehicle must not use the words “Taxicab”, “taxi”, or “cab”.
14.1.2 No roof sign is permitted on a PTC Vehicle.
14.1.4 No meter is used to calculate fares.
14.1.6 PTC Drivers do not cruise for fares or accept street hails (must be pre-arranged).
15.1.2 PTC Drivers shall not accept payment directly from a passenger (payment must be through the App)16.
Prior to licence issuance, proof of insurance must be filed with the Clerk:
16.1.1 Public liability coverage of not less than $2,000,000.00.
16.1.3 Endorsement requiring 10 days notice to the Clerk of any cancellation or decrease in coverage 17.
18.1 No person shall refuse to pay the fare specified.
18.3 A passenger in a Vehicle for Hire is prohibited from smoking.
18.4 Disputes regarding fares may be referred to the Municipality for investigation 18.
20.1 Every Owner must submit their vehicle for inspection when requested by the Clerk, MLEO, or Police.
20.3 If inspection finds the vehicle unsafe, the Clerk shall require repairs within 14 days and may suspend the licence 19.
Council may deny, revoke, or suspend a licence for cause, including breach of law, public interest concerns, by-law violations, or inactivity. The Clerk may suspend a licence for up to 14 days pending a Council hearing 20.
Contravention of this by-law is an offence liable to a fine/penalty under the Provincial Offences Act.
This By-law shall come into force and take effect upon the date of final passing thereof.
Read a first, second, and third time and passed this 18th day of March 2024.
Fares: Rates are set at the discretion of the Service Provider.
Communication: Fares must be communicated prior to engagement and posted conspicuously in the vehicle or via the App.
Accessibility: No higher fare/fee shall be charged to persons with a disability or for the storage of mobility aids.
Luggage: No charge for groceries or luggage in the trunk.
HST: All fares shall include HST 21.
Vehicle for Hire Driver Licence (Initial): $25.00
Vehicle for Hire Driver Licence (Renewal): $25.00
Vehicle for Hire Owner Licence (per vehicle): $120.00
Vehicle for Hire Owner Licence Transfer: $50.00
Replacement Licence: $25.0022.
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