Hired Vehicle Licensing By-law

Part 1: General Administration

1. Definitions

For the purposes of this by-law:

“Accessible Taxicab” means a vehicle that is designed or modified to be used for the purpose of transporting persons who are disabled and that is licenced as a Taxicab by the municipality;

“Applicant” means a person applying for a licence under this by-law;

“Clerk” means the Clerk of the Corporation of Haldimand County;

“Council” means the municipal Council of the Corporation of Haldimand County;

“County” means The Corporation of Haldimand County;

“Disabled” means 

1. 1. any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
   2. a condition of mental impairment or a developmental disability,
   3. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
   4. a mental disorder, or
   5. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997;

“Driver” means any person Licenced or required to be licenced under this by-law to drive, or operate as a Driver of a Taxicab or other vehicle under the control of this by-law, including an Accessible Taxicab;

“Driver’s Licence” shall mean the Licensed Vehicle Driver’s Licence granted by the Issuer or Council to any person to act as or Operate as a Driver of said Vehicle licenced under this by-law, including an Accessible Taxicab;

“Fare” means the rates set out in Schedule “A” of this by-law;

“Fare Card” means a card issued by the Issuer for display in a Taxicab or Accessible Taxicab Vehicle that sets out in full the rates authorized by this by-law;

“Issuer” means the Clerk of the Corporation or his or her designate;

“Licencee” means a Person who has been issued and maintains a valid Licence pursuant to the terms of this by-law;

“Licensed Vehicle” means a Taxicab or Specialty Vehicle of which the owner has obtained a Licence pursuant to this by-law;

"Limousine" shall mean any vehicle, other than a Taxicab, Bus or rental vehicle without a driver, which is kept or used for hire for the conveyance of Passengers solely on an hourly basis,  which  has an extended wheelbase and a seating capacity greater than 5 persons and is not equipped with a Taximeter, a top light or a roof sign of any kind;

“Municipality” means the geographic area of Haldimand County;

“Municipal Law Enforcement Officer” shall mean a Municipal Law Enforcement Officer appointed by Council;

“Operate” when used in reference to a Taxicab, means to drive a licensed taxicab and/or to make the taxicab available to the public for the conveyance of passengers;

“Operator” includes a driver of a licenced vehicle;

“Owner” includes any person, proprietorship, limited partnership, corporation or other entity, including a lessee of a vehicle, which carries on the business of transporting passengers in Haldimand County;

“Owner’s Licence” shall mean a Licence granted by the Issuer or Council to any person to own, keep, or use any Vehicle licenced under this by-law, and does not include a Driver’s Licence;

“Owner’s Plate” shall mean the licence plate issued to an Owner by the Issuer under this by-law including a Plate issued to the Owner of an Accessible Taxicab and “Plate” shall have the same meaning;

“Person” shall mean an individual, association, firm, partnership, corporation, trust, organization or other entity;

“Rural Area” means the lands located outside the Urban Area and as mapped within the County’s Official Plan;

“Service Animal” means an animal used by a person with a disability where it is readily apparent that the animal is used by the person for reasons relating to their disability or where the person has provided a letter from a physician or nurse confirming that they require the animal for reasons relating to the disability;

“Specialty Vehicle” means a vehicle, including, but not limited to, a limousine which is hired for the conveyance of passengers by reservation only and solely on an hourly basis, which has seating for no more than the manufacturer’s specified number of passengers and a sufficient number of seatbelts for each Driver and passenger, and shall not include a Taxicab;

“Taxicab” means a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, hired for one specific trip for the conveyance exclusively of passengers or goods, which has seating for no more than the manufacturer’s specified number of passengers and a sufficient number of seatbelts for each Driver and passenger, one fare or charge only being collected or made for the trip, and shall not include a Specialty Vehicle;

“Trip” means the distance and time travelling or the distance and time to be travelled from the point at which the passenger first enters the taxicab to the time and point at which the passenger finally leaves the taxicab;

“Urban Area” means the communities where municipal water and sewage services exist and where the majority of residential and commercial growth in Haldimand County occurs. The Urban Area includes: Caledonia, Cayuga, Dunnville, Hagersville, Jarvis and Townsend;

“Vehicle” means a vehicle as defined under the Highway Traffic Act.

2. Licence Required

2.1  Every

1. Owner of a Taxicab
2. Driver of a Taxicab
3. Owner of a Specialty Vehicle
4. Driver of a Specialty Vehicle

shall procure and maintain, in good standing, a Licence from the County authorizing him or her to carry on or engage in any trade, calling, business or occupation listed above within the boundaries of the County.

2.2  Prohibition

No person shall carry on or engage in a trade, calling, business or occupation listed in section 2.1, within the boundaries of the County, unless he or she has a valid and current Licence from the County permitting them to do so.

2.3  For the purposes of this by-law, a Person is carrying on or engaging in any of the trades, callings, businesses or occupations listed in section 2.1 where:

1. 1. Passengers are conveyed wholly within the County or from any point in the municipality to any point outside the municipality; or
   2. if, in respect of the Persons referred to in section 2.1, their usual business address is within the County.

2.4  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 County and laws of the Province of Ontario and the Government of Canada.

Part 2: Owner's Licences

3. Owner's Licence Requirements

3.1  Any person wishing to make an application for an Owner’s Licence shall file with the Issuer an application package consisting of the following information for each vehicle to be Licensed:

a.  A fully completed Haldimand County Vehicle application form;

b.  Proof of ownership of the vehicle to be licensed, or where the vehicle is leased, a copy of the vehicle lease;

c.  A current Safety Standards Certificate dated not more than thirty-six (36) days prior to the submission of the licence application;

d.  Proof of insurance in the amounts prescribed in Section 18 of this by-law;

e.  In respect of an Accessible Taxicab, a certificate dated not more than sixty (60) days prior to the submission of the licence application from a qualified person to the effect that the equipment which renders the vehicle an Accessible Taxicab is safe and in proper working order; and

f.  The associated Owner’s Licence fee prescribed in Haldimand County’s User Fee and Service Charges By-law.

3.2  A Haldimand County vehicle inspection must be arranged through the Issuer to ensure that the vehicle inspection requirements set out in this by-law are met.

4.  Issuance of Owner's Licence

4.1  When an application for a licence meets the following requirements, a licence will be issued:

a.  the provisions of Section 3 have been complied with; and

b.  any outstanding fines that have been imposed against the applicant pursuant to any provision of this by-law have been paid.

5. Owner's Duties

l.  ensure that vehicle registration and identification information are made available in an accessible format to persons with disabilities who are passengers; and

5.2  The Issuer may require, at any time, that an Owner submit their Vehicle or trip records for inspection at an appointed place.

6. Owner's Prohibitions

6.1  No Licensed Owner shall:

a.  Permit a Licensed Vehicle, in respect of which a mechanical defect has been reported to them, to be operated until they have inspected and ensured that the defect, if any, has been corrected;

b.  Permit a Vehicle, not owned by them, to be Operated under the authority of their Owner’s Plate;

c.  Permit a Licensed Vehicle, of which they are the Owner, to be Operated unless it is insured as required by this by-law;

d.  Operate a Licensed Vehicle, or permit a Licensed Vehicle to be Operated under this by-law, without the Owner’s Plate attached;

e.  Operate a Vehicle, or permit a Vehicle to be Operated, that is not Licenced under this by-law;

f.  Operate a Licenced Vehicle until they have first procured the required Driver’s Licence under this by-law.

g.  Permit any person, other than a Licenced Driver under their engagement, to Operate their Licensed Vehicle;

h.  Operate a Licensed Vehicle that is not clean and in good repair as to its interior and exterior;

i.  Prevent or hinder a person authorized by this by-law from entering a Licensed Vehicle owned by them for the purpose of inspecting the Vehicle;

j.  Permit a Driver to Operate the Licensed Vehicle unless the Driver complies with the provisions of this by-law; or

k.  Where the Vehicle is a Taxicab, put any name, address or telephone number or identification other than that of themselves on their Taxicab roof sign;

l.  Fail to submit to the Issuer or a Municipal Law Enforcement Officer the original trip records, immediately or as otherwise requested.

Part 3: Driver's Licences

7. Driver's Licence Requirements

7.1  Any person wishing to make an application for a Driver’s Licence must:

a.  Attend in person and provide the Issuer with a completed application for such licence;

b.  Pay the associated Driver’s Licence fee as prescribed in Haldimand County’s User Fee and Service Charges By-law;

c.  Hold in their name, at minimum, a valid Class G licence issued by the Province of Ontario, which is in good standing according to the records of the Ministry of Transportation;

d.  Provide the Issuer with an original Police Record Check issued by a municipal police service, First Nations police service or Ontario Provincial Police detachment dated not more than sixty (60) days prior to the submission of the licence application.

e.  Provide to the Issuer an original current driver’s abstract from the Ministry of Transportation, dated within sixty (60) days of the date of the application for a Driver’s Licence under this by-law;

f.  Be permitted to work in Canada; and

g.  Be at least eighteen (18) years of age.

8. Issuance of Driver's Licence

8.1  When an application for a Driver’s Licence meets the following requirements, a licence can be issued:

a.  the provisions of Section 7 have been complied with;

b.  the applicant is not a person who:

1. 1. has been convicted of a criminal offence during the preceding five (5) years;
   2. has been convicted of an indictable offence within the past ten years or an indictable offence for which a term of imprisonment is imposed under any statute of Canada including, but not limited to, the Criminal Code of Canada, or the Controlled Drugs & Substances Act;
   3. has had his driving privileges suspended for any reason during the preceding three (3) years; or
   4. is the subject of outstanding criminal charges at the date of the application; and

c.  any outstanding fines that have been imposed against the applicant, pursuant to any provision of this by-law, have been paid.

9. Driver's Duties

and maintaining a separate trip record for each vehicle driven each day and submitting such record to the Owner on a daily basis.

9.2  When a Licensed Driver has had their Province of Ontario driver’s licence cancelled, suspended or revoked, or where the licence has expired, the Licence issued under this by-law shall be deemed to be suspended as of the date of cancellation, suspension or revocation of the Province of Ontario driver’s licence, and the Driver shall immediately return the Licence issued under this by-law to the Issuer.

10. Driver's Prohibitions

l.  Where the Vehicle is a Taxicab, operate a Licensed Vehicle without an Owner’s Plate, roof and front door signs affixed in the required locations per this by-law;

m.  Contravene or permit the contravention of the Smoke-Free Ontario Act;

n.  Where the Vehicle is a Taxicab, Operate such Licensed Vehicle unless:

1. 1. It is equipped with a spare tire and jack, ready for use for that vehicle;
   2. It meets the standards required for the issue of an acceptance under the Ontario Ministry of Transportation regulations, as well as the standards for the issue of a Safety Standard Certificate of mechanical fitness;
   3. It is in good repair as to its interior and exterior per this by-law;

o.  Induce any Person to engage their Licensed Vehicle by any misleading or deceiving statement or representation to that Person about the location or distance of any destination named by that Person;

p.  Recover or receive any Fare or charge from any passenger who had demanded their services, which is greater or less than the Fare or charge authorized by this by-law except for a tip, gratuity, or toll highway charge;

q.  Where the Vehicle is a Taxicab, recover or receive any Fare or charge from any Person from whom the Driver has refused to show the Fare card;

r.  Make any charge for time lost through defects or inefficiency of the Vehicle or the incompetence of the Driver;

s.  Make any charge for the time elapsed due to early arrival of the Vehicle in response to a call for the Vehicle to arrive at a fixed time;

t.  Fail to submit trip records to the Owner on a daily basis;

u.  Fail to submit to the Issuer or a Municipal Law Enforcement Officer the original trip records, immediately or as otherwise requested.

Part 4: General Provisions

11. Conditions of Licence

12. Suspension and Revocation

12.1  In addition to any other penalty which may be imposed pursuant to this by-law, the Issuer may suspend or revoke a licence:

1. 1. for failure to comply with any provision of this by-law; or
   2. if, during the term of a Licence, the Issuer becomes aware of any fact or facts which, if known at the time of the application, may have resulted in the Licence not being issued to the Licencee.

12.2  Upon notification of the suspension or revocation of the Licence, the Licencee shall surrender such Licence, and Owner’s Plate, if applicable, to the Issuer or a Municipal Law Enforcement Officer.

12.3  Where a Licence has been revoked or suspended, the Licencee is not entitled to a refund of any fee paid under this by-law.

13. Appeal of Issuer's Decision

13.7  At the meeting, Council can hear, not only from the Applicant/Licencee, but also from the Issuer, other County staff, any governmental or public agency, or the general public.

13.8  Council, after consideration of all evidence and all submissions made at the meeting, shall have the authority to:

1. 1. order a Licence be granted;
   2. refuse to issue a Licence;
   3. revoke a Licence;
   4. suspend a Licence, including an interim suspension of a Licence pending a rescheduling of a meeting before Council; or
   5. impose conditions on a Licence.

13.9  The decision of Council shall be final.

13.10  Where a Licence has been revoked upon an unsuccessful appeal by the Applicant, no refund of any payment of fees paid by the Applicant shall be made.

14. Requirement to Return a Licence

14.1  Where a Licence has been suspended or revoked, the holder of the Licence shall return the Licence, and Owner’s Plate, where applicable, to the Issuer or a Municipal Law Enforcement Officer within twenty-four (24) hours of receipt of written notification of the suspension or revocation. The Issuer or a Municipal Law Enforcement Officer may enter upon the premises of the Owner for the purpose of receiving or taking the said Licence and Owner’s Plate, where applicable, and no person shall refuse to deliver or in any way obstruct or prevent the Issuer or a Municipal Law Enforcement Officer from obtaining the Licence and Owner’s Plate.

15. Validity of Licence

15.1  Every Licence issued under this by-law shall be valid for no more than one (1) year, and shall expire on February 15th of the following year, or on a date specified by the Issuer.

15.2  Failure to apply for a Licence by February 15th of the following year, or by the date specified by the Issuer, will result in the immediate suspension of all privileges and rights to Operate as a Driver or Owner, which privileges and rights will not be restored until the Licence is applied for in accordance with this by-law.

15.3  A Licence is valid only in respect of the person named on the licence.

16. Lost, Damaged or Stolen Licences and Plates

16.1  When a Licence or Owner’s Plate is defaced, damaged, stolen or lost, the Licencee shall:

1. 1. apply to the Issuer for a replacement;
   2. pay the required fee as set out in the Haldimand County User Fee and Service Charges By-law; and
   3. return their damaged Owner’s Licence or Plate to the Issuer, if applicable.

17. Duty to Notify

17.1  When a Licencee changes their name or address or any information relating to their Licence, they shall:

a.  notify the Issuer within seven (7) business days of the change of address or any other information relating to their Licence;

b.  in the case of an Owner, return the Licence within seven (7) business days to the Issuer for amendment;

c.  when there is a change of location of a business, complete an application for a new Licence including submission of all documentation required for a new licence as outlined in this by-law;

d.  all Licencees are required to notify the Issuer within twenty-four (24) hours of convictions under the Criminal Code of Canada, the Narcotic Control Act, the Food and Drug Act, the Controlled Drug and Substances Act, or the Highway Traffic Act.

18. Insurance and Indemnity

1. 1. Non-Owned Automobile Liability in the amount of not less than $1,000,000 per occurrence;
   2. Commercial General Liability in the amount of not less than $2,000,000 per occurrence.

18.2  All insurance renewal policies or certificates of insurance shall be filed with the Issuer ten (10) days prior to the expiry date of the current insurance policy.

18.4  When a Licensed Owner ceases to have a current and valid Ontario standard automobile insurance policy in good standing and properly endorsed in accordance with the provisions of this by-law, the Licence shall be deemed to be suspended and the Licence shall only be reinstated when written proof of insurance, in accordance with the provisions of this by-law, is delivered to the Issuer.

18.5  A Licensed Owner and a Licensed Driver engaged by them shall produce, in respect of every Licensed vehicle being operated by the Driver, evidence of insurance as required under this by-law immediately upon demand of any individual authorized to enforce this by-law.

18.5  If a Licensed Owner or a Licensed Driver engaged by them does not produce evidence of insurance when demanded pursuant to this section, the Issuer shall suspend the Licence immediately.

18.6  When a Licensed Owner has had their Licence suspended under Section 18 of this by-law, they shall immediately remove the Owner’s Plate from the vehicle and return it to the Issuer.

18.7  Every Licensee agrees to indemnify and save harmless Haldimand County, its employees and agents from any and all claims, demands, causes or action costs or damages howsoever caused that the County may suffer, incur or be liable for resulting from the issuance of a License under this By-law or from the performance or non-performance of the respective licensee under this by-law whether or not such performance or non-performance arises with or without negligence on the part of the Licensee, its employees, directors or agents.

19. Plate Non-Transferable 

19.1  No owner shall permit any Licence issued under this by-law to be used on a vehicle where ownership of the vehicle is retained by another party, except in the case of a vehicle leased through a leasing firm, in which case a copy of the lease shall be filed with the Issuer.

19.2  Where the holder of an Owner’s Licence becomes deceased, the executor of the estate, or the person with power of attorney for the deceased Owner may continue to operate the vehicle for up to ninety (90) days. After ninety (90) days, the deceased Owner’s Licence shall expire. Notwithstanding any priority list that is in existence at the end of the 90-day period, the estate may apply for an Owner’s Licence for said Vehicle. If the estate does not initiate an application for a new Licence, the Owner’s Plate(s) shall be removed from the vehicle and returned to the Issuer.

19.3  Where a Licensed Owner or executor of an estate wishes to transfer ownership of a Licensed Vehicle or an Owner’s Plate to another Person, an affidavit in a form satisfactory to the Issuer, shall be sworn in the presence of the Issuer by both the Transferor and the Transferee. Once the affidavit is complete, the transferee will need to fulfill the requirements of Sections 4 and  5 of this by-law in order to complete the application process.

20. Substitute Vehicles

20.4  The issuer may inspect any Taxicab removed from service or temporarily substituted by a spare Taxicab before permitting the original taxicab to return to service.

21. Disposal of Vehicles

21.1  When the Licensed Owner disposes or otherwise ceases to use, as a Taxicab Vehicle, the Vehicle registered, the Owner shall immediately:

1. 1. remove the roof light;
   2. return the Haldimand County-issued Fare Card;
   3. remove all identifying decals or markings;
   4. return the Owner’s Plate; and
   5. remove any corresponding numbers and items displayed on the Vehicle that identify it to the public as a Taxicab.

22. Inspection of Vehicles

22.1  The inspection of the Vehicle may include, but not be limited to:

1. 1. ensuring the doors are operational;
   2. ensuring the seatbelts are operational;
   3. ensuring the heat and air conditioning systems are operational; or
   4. ensuring the windows are operational.

22.2  The Issuer may require and the Owner or Driver shall submit the Vehicle at any time for inspection by a licensed mechanic.

22.3  In the event the Owner or Driver does not attend a random inspection or an inspection by a mechanic as described in this by-law, the Owner’s Licence or Driver’s Licence shall be suspended by the Issuer until the Vehicle has passed said inspections.

22.4  For the purposes of the inspection required under subsection 22.1, the Vehicle shall be submitted for inspection during normal business hours and shall not be used again until approval is given as to the condition of the Vehicle.

23. Accessible Taxicabs

23.1  Every person to whom a Taxicab Owner’s Licence and Owner’s Plate is to be issued for the purposes of providing an Accessible Taxicab service, shall provide the Issuer with proof that the Accessible Taxicab meets the requirements of Ontario Regulation 629 – Accessible Vehicles under the Highway Traffic Act, as amended.

24. Accessible Taxicab Driver's Duties

24.3  Every Licensed Driver operating an Accessible Taxicab shall:

1. 1. notify the passenger upon arrival at the pickup point;
   2. offer such assistance as required to facilitate the entry or exist of a Person with a Disability into or out of an Accessible Taxicab;
   3. properly and safely handle passenger mobility aids and, where a wheelchair is being used by a Passenger, secure the wheelchair in the area so provided so that the wheelchair is prevented from moving when the Accessible Taxicab is in motion;
   4. ensure that the seatbelt is properly secured; and
   5. comply with all other requirements of a Driver under this by-law.

25. Limousines

25.1  A Limousine, as defined under this By-law, shall have a manufacturer's rated seating capacity of not less than six (6) adult persons, a minimum of four doors and a wheelbase of not less than 2.92 metres (114 inches).

26. Notice Requirements of By-law

26.1  Any notice required by this by-law to be given to the Applicant or Licencee may be given, unless otherwise provided in this by-law by:

a.  mailing a copy of the notice by ordinary mail addressed to the address of  the Applicant  or Licencee, as the case may be, listed on the most recent application for a Licence;

b.  delivering a copy of the notice personally to the Applicant or Licencee;

c.  leaving a copy of the notice at the address of the Applicant or the Licencee as listed on the most recent application for a Licence; or

d.  leaving a copy of the notice at the business address of the Applicant or Licencee.

e.  providing notice of pending application through the mail, with such service by the County being discretionary and not a requirement under this by-law.

27. Penalty

27.2  If the person referenced in subsection 27.1 is a corporation, the maximum penalty that may be imposed is:

1. 1. On a first conviction, a fine of not more than $50,000; and
   2. On a subsequent conviction, a fine of not more than $25,000 for each day, or part thereof, upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection (1).

28. Fares

28.1  The fares applying to Taxicabs operating within Haldimand County are set out in Schedule “A”, attached to, and forming part of this by-law.

29. Exemptions

29.1  Vehicles utilized by the Haldimand Norfolk Community Senior Support Services for the transportation of residents aged 60 and over and disabled adults for medical and social appointments are exempt from this by-law.

30. Severability

30.1  If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by-law will be considered to be severed from the balance of the by-law, which will continue to operate in full force.

31. Repeal of Existing By-laws

31.1  By-laws 1369-13, 1511-15, 1647-16 and 2028-19 are hereby repealed.

32. Enactment

32.1  This by-law shall be referred to as the “Hired Vehicle Licensing By-law”.

32.2  This by-law comes into force and takes full effect on the date of its passage.