Hamilton : Règlement no 07-170, art. 39 — Where an Municipal Officer is not available to road test and approve the taxicab meter on a weekend or statutory holiday because the Municipal Officer’s services have been requested outside of the regular business hours of the Director of Licensing, the licensed taxicab owner or the licensed taxicab driver who has had the taxicab meter repaired or replaced, may operate the taxicab for a period of up to twenty-four (24) consecutive hours from the date and time of such repair or replacement, provided that licensed taxicab driver has in his or her possession a certificate or receipt for the repair or installation of the taxicab meter, signed by the person who made the repairs or installation and the receipt sets out the date, time and nature of the repairs or installation and has notified the Director of Licensing immediately of the repair or replacement of the taxicab meter
Licensing By-law (Short-Term Rentals)
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Where an Municipal Officer is not available to road test and approve the taxicab meter on a weekend or statutory holiday because the Municipal Officer’s services have been requested outside of the regular business hours of the Director of Licensing, the licensed taxicab owner or the licensed taxicab driver who has had the taxicab meter repaired or replaced, may operate the taxicab for a period of up to twenty-four (24) consecutive hours from the date and time of such repair or replacement, provided that licensed taxicab driver has in his or her possession a certificate or receipt for the repair or installation of the taxicab meter, signed by the person who made the repairs or installation and the receipt sets out the date, time and nature of the repairs or installation and has notified the Director of Licensing immediately of the repair or replacement of the taxicab meter.
INSPECTIONS AND APPROVED TAXICABS 40.(1) As of January 1, 2018, former police vehicles will not be permitted to operate as (17-012) taxicabs. (2) Any former police vehicle that is operating, as of January 1, 2018, as a taxicab is permitted to remain as such until the vehicle is ten years old, calculated from the (18-252) model year. 41.(1) As required by the Director of Licensing, every taxicab owner shall submit their taxicab for inspections, at the taxicab owner’s expense. (2) The Director of Licensing:
- (a) may specify the establishments where an inspection of a taxicab is to be Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx carried out; and
- (b) shall specify, by means of a manual or otherwise, what the inspection is to consist of which may include but is not limited to:
- (i) a visual exterior and interior inspection of the taxicab;
- (ii) an assessment of mechanical fitness and safety of the taxicab. (17-259) (3) At a minimum, a taxicab that is:
- (a) to three years old, calculated from the model year shall provide a Safety (18-252) Standard Certificate once per year;
- (b) more than three years old, calculated from the model year shall provide (18-252) two Safety Standard Certificates per year;
- (c) randomly out in the field (spot checks);
- (d) by an auditing process that prioritizes inspections of the oldest and high mileage vehicles; and
- (e) by complaint based. (4) Every taxicab owner shall provide, at the time of renewing their licence and at such times as required by the Director of Licensing, at the taxicab owner’s expense:
- (a) either:
- (i) an Ontario Ministry of Transportation Vehicle Inspection Report, showing that the taxicab has been accepted within the past 36 days; or
- (ii) a Safety Standards Certificate issued under the Highway Traffic Act for the taxicab within 36 days of the inspection date;
- (b) a certificate verifying the onboard camera is fully operational issued by the camera manufacturer or the camera manufacturer’s authorized agent within 36 days of the inspection date. (14-181) (18-040)
- (c) proof of insurance in the amount of $2,000,000. (5)(a) A taxicab may be approved by the Director of Licensing after all inspections have been carried out and all reports and certificates have been provided in accordance with this Schedule. Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
- (b) When a taxicab has been approved by the Issuer of Licenses, it shall continue to be approved only so long as:
- (i) the taxicab owner complies with this Schedule; and
- (ii) all inspections, reports and certificates show that the taxicab owner’s taxicab complies with this Schedule. (18-252) TAXICAB AGE RESTRICTION (18-252) 42.(1) A taxicab shall be no more than ten years old, calculated from the model year. (2) Despite subsection 42(1):
- (a) a taxicab that is accessible, as determined by the Director of Licensing from time to time, and is no more than five years old when first approved as a taxicab, may remain in service until it is ten years old, calculated from the (18-252) model year; SPARE TAXICABS 43.(1) The Director of Licensing may approve a vehicle owned by a taxicab owner as a spare taxicab. (2) The number of spare taxicabs that may be approved by the Director of Licensing under subsection 43(1) is limited to one per five taxicabs owned by the taxicab owner to a maximum of nine. (3) No taxicab owner shall use a spare taxicab:
- (a) without first giving notice, including the plate number of the taxicab that will be replaced and the dates when the spare taxicab will be used, to the Director of Licensing;
- (b) for more than seven consecutive days;
- (c) unless he or she complies with all of the requirements for a taxicab owner under this Schedule, including complying with section 56 by submitting their spare taxicab for inspections and by providing Ontario Ministry of Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx Transportation Vehicle Inspection Reports or Safety Standards Certificates issued under the Highway Traffic Act. (4) No taxicab driver shall drive a spare taxicab unless he or she complies with all of the requirements for a taxicab driver under this Schedule. DISPOSAL OF TAXICAB 44.(1) When the licensed owner disposes of or otherwise ceases to use as a taxicab a vehicle approved for use under this Schedule, he or she shall immediately remove from such vehicle:
- (a) the roof light,
- (b) the taxicab meter,
- (c) all identifying decals or markings,
- (d) fender or side numbers and letters and
- (e) all other items which make the vehicle appear to the public to be a taxicab. TARIFFS 45.(1) The rates for fares to be charged by the owners and taxicab drivers for the conveyance of passengers wholly within the City or to any point not more than five (5) kilometres beyond its limits shall be exactly as shown in Appendix “1” (Taxicab Tariff/Fares”) attached hereto and forming part of this Schedule, and no higher or lower amount than that contained in the said tariff shall be charged or payable, whether such rates sand charges are determined by distance or by time, except in (17-012) accordance with Sections 45(2) and (3) and Section 52(1). (2) If a trip destination is located more than five (5) kilometres beyond the City limits, the taxicab driver and a passenger may agree before the start of the trip to a flat fare to be charged, but the driver shall operate the taxicab meter for the duration of the (17-012) trip. Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx (3) The taxicab broker may enter into a written flat fare contract with passengers and the taxicab driver shall charge the passenger such a flat fare, but the taxicab driver shall (17-012) operate the taxi meter for the duration of the trip. (4) Upon written request by the Director of Licensing, the contract required by subsection (3) shall be provided to the Director of Licensing upon demand within two (2) business (17-012) days. (5) Nothing contained in this Schedule shall prevent the driver of a taxicab from making a charge to be negotiated with a passenger prior to the trip, for parcel handling, and such charge shall not be required to be recorded on the trip record, and shall not apply to luggage or baggage accompanying a passenger or passengers transported between any transportation terminal and the pick-up or destination point of the passenger or passengers. (6) At the conclusion of a trip, the driver of a taxicab shall call the passenger’s attention to the amount of the fare registered on the meter and place the meter in a non- recording position. (7) No owner or driver of a taxicab shall be entitled to recover or receive any fare or charge from any person unless the current Tariff card is on display in the holder provided therefore. (8) Each taxicab driver shall ensure that when more than one passenger is being transported in a taxicab, and said passengers have different destinations, the taximeter is re-flagged after each destination. The individual or individuals shall then be responsible for the fee registered on the taximeter at the point of their particular destination. (9) When a passenger first enters a taxicab, the taximeter shall be immediately placed in operation and shall remain so placed throughout the trip or until such trip extends to a point 5 kilometres beyond the limits of the City. The shortest and quickest possible route shall be taken to the destination if within the said limit of 5 kilometres beyond the limits of the city, unless the passenger designates another route. If a trip Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx extends beyond such 5 kilometres limit hereinbefore referred to, the driver and the passenger may agree before the start of the trip to a flat rate, but the taximeter must remain in a recording position at all times within such limit. (2) An owner, lessee or driver of a taxicab may participate or acquiesce in a promotional scheme or practice of a taxicab broker that is authorized under this section. (3) A taxicab broker is not required to pay a taxicab driver operating a taxicab any (17- difference between the fare charged for a trip and the fare as calculated at the tariff. 012) Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx CUSTOMER SERVICE 53.(1) A taxicab driver, owner and broker shall ensure that:
- (a) a Taxicab Passengers’ Bill of Rights in the prescribed form, as set out in Appendix “4”, for all taxicabs, is displayed on the upper portion of the rear of the driver’s seat in a position clearly visible to the passenger(s) to inform Taxicab passengers of their rights;
- (b) a Taxicab Driver’s Bill of Rights in the prescribed form, as set out in Appendix “5”, for all taxicabs, is displayed on the upper portion of the rear of the driver’s seat in a position clearly visible to the passenger(s) to inform Taxicab passengers of the rights of the Taxicab Driver; and
- (c) a taxicab Tariff card and Taxicab Driver photo identification card is displayed as prescribed in this Schedule. (2) Every broker shall post in a conspicuous place in their place of business, clearly visible to the public, the City customer complaints/compliments hotline telephone number and follow-up and resolution process prescribed by the Director of Licensing. ADMINISTRATION AND ENFORCEMENT 54.(1) This schedule shall be administered by the Director of Licensing, with delegation of (18-040) the enforcement to any Municipal Officer. (2) A Municipal Enforcement Municipal Officer has the authority, if the Municipal Officer is in the opinion that the vehicle contravenes the Schedule or public safety is at risk, to:
- (a) remove a taxicab from service;
- (b) remove the City of Hamilton taxi plate from the taxicab;
- (c) remove the roof sign;
- (d) remove the taxicab meter, and Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
- (e) issue an administrative penalty notice for any contraventions of this Schedule. (18-040) SEVERABILITY
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