March 5, 1999
To:Emergency and Protective Services Committee
From:Commissioner, Urban Planning and Development Services
Subject:Amendments to the Licensing By-law: Passenger Bill of Rights, Taxicab Meters,
Limit to Hours of Work, and Owner Attendance at Inspections.
Purpose:
This report puts forward and seeks approval for recommendations to amend the Licensing
By-law, By-law 20-85. These amendments are required to clarify and provide details to a
number of the recommendations from the Task Force to Review the Taxi Industry. These
changes to the regulations will allow staff to implement the recommendations pertaining to
the Passenger Bill of Rights, a new meter requirement, and owner attendance at inspections.
In addition, this report is submitted to meet Council's request for reports: on a limit on the
hours of work of drivers; and, a mechanism to ensure compliance with one of the
recommended conditions for standard licences: owner attendance at inspections.
Corresponding recommendations for By-law amendments are presented.
Funding Sources, Financial Implications and Impact Statement:
There are no significant cost implications for Municipal Licensing and Standards in adopting
the amendments to the Licensing By-law sought in this report. Minor adjustments in the
allocation of staff time will be required and costs in the production of the Passenger Bill of
Rights will be incurred.
Recommendations:
It is recommended that:
- The draft bill which amends the Licensing By-law be adopted. The draft bill is attached as
Appendix A. This bill implements the recommendations of Council for the Passenger Bill
of Rights, a new meter requirement, and owner attendance at inspections, and amends the
Licensing By-law to enact the recommendations below;
- The Bill of Rights be amended to state that drivers may not recommend hotel
accommodation or restaurants unless requested by the passenger; and, if the meter is not in
a recording position, the ride is free;
- With regard to the Bill of Rights and requiring a silent ride for passengers, the Licensing
By-law be further amended to require that effective September 1, 1999, cell phones are
included in the list of devices that should be turned off at the passenger's request;
- With regard to enforcing the requirement that owners attend the tri-annual vehicle
inspections, effective immediately, the Licensing By-law be further amended to give staff
the authority to remove the taxicab owner's licence plate for non attendance;
- With regard to the limits to the hours of work for drivers, the Licensing By-law be further
amended to require that effective immediately:
- Drivers be prohibited from working double shifts;
- Owners be prohibited from employing drivers for double shifts or more than sixty
hours a week; and,
- The appropriate City of Toronto Officials be authorized and directed to take the necessary
action to give effect thereto.
Council Reference/Background/History:
At the Council meeting on November 25, 26, and 27, 1998, the recommendations of the Task
Force to Review the Taxicab Industry were adopted. Among these are requirements for: a
Taxicab Passenger Bill of Rights; a new meter that issues receipts and monitors drivers'
income; the introduction of a customer service number; a limit to a driver's hours of work;
and holders of cab owners' licences to attend during the inspection of their vehicles.
Council adopted the motion that all taxicabs must display a new Taxicab Passenger Bill of
Rights that informs passengers of their right to a professional driver and a quality taxicab. Of
the requirements relating to the professional driver and the vehicle quality, amendments are
required to establish the new regulations for a silent ride, a vehicle that is air-conditioned or
heated on demand, and a vehicle that is equipped with a meter that issues receipts noting the
date and time of the trip, distance, taxicab licence number, and the fare charged.
In other motions, Toronto Licensing was directed to adopt the easily remembered customer
service number 1-877-TO-TAXIS. Staff were directed to report on possible by-law
amendments to limit the number of hours that taxicab drivers can drive a cab to a maximum
of 60 hours over seven consecutive days and also to require taxicab drivers to maintain a daily
log, documenting hours worked, that must be provided to Licensing for review upon request.
In addition, Council approved the recommendation that all Standard Licence owners must
participate in the industry by personally attending all three annually-scheduled inspections.
Comments and/or Discussion and/or Justification:
Bill of Rights
Several By-law amendments are required to implement the Passenger Bill of Rights. These are
appended as section 7 of the draft bill. Also attached, for your information, is a draft of the
sign for the Passenger Bill of Rights. The following discusses amendments for the addition of
established passenger rights to the New Bill of Passenger Rights, and adding cell phones to
the list of devices that will be turned off when a passenger requests a silent ride, attached as
section 12 of the draft bill.
September Introduction:
The introduction of the Passenger Bill of Rights is scheduled for September 1, 1999. This date
will coincide with the start of the fall inspections. It is anticipated that by that date the new
meters will be ready and installed in the vehicles. During this inspection period, vehicles will
be inspected to ensure air conditioning and heating systems and the new meters are installed
and meet the new standards. Owners will be given the Passenger Bill of Rights sign once they
have completed the inspection. Also, by this time, the new Taxi/Wheels unit will be able to
handle the anticipated large volume of calls from 1-877-TO-TAXIS number.
Additional Rights:
The Task Force recommendations for the Passenger Bill of Rights did not include one section
of the By-law pertaining to passenger rights that are in place; that is, 18(1)(f), which reads:
18(1)(f). Every owner shall for each taxicab for which he holds a licence provide and maintain
therein and thereon while such vehicle is operated as a cab the following equipment and
markings:
a sign permanently and securely affixed in the cab, approved by the Commission, and
containing the following information;
(i)Drivers may not recommend hotel accommodation or restaurants unless requested by the
passenger;
(ii)If the meter is not in a recording position the ride is free.
As these are currently posted in taxicabs, it is recommended that these be included with the
other rights listed on the new Passenger Bill of Rights.
Cell Phones:
Section 45 of Schedule 8 currently allows a passenger to request a silent ride. The section
requires a driver to turn off sound-producing devices at a passenger's request. It does not
prohibit the use of any device in an emergency situation. Section 45 reads:
45.Notwithstanding section 56 of this Schedule, every driver and every owner driving his
own taxicab shall turn off any radio, two-way radio, tape player or any other sound-producing
mechanical device in his taxicab upon being requested so to do by any passenger, and having
done so pursuant to such a request shall leave such device or devices in the off position until
that passenger's trip has been completed.
It is recommended that cell phones be included in the list of devices a driver may be asked to
turn off. This could be effected by inserting the word "telephone" in front of the word "radio".
Meters
The By-law amendments for the new meters are attached as sections 8 & 9 of the draft bill.
Section 11 of the draft bill is an amendment that allows the Commissioner or his or her
designate to approve the new meters.
Council's intent to equip taxi cabs, by September 1999, with meters that have the capability to
issue receipts and provide income data is feasible. Preliminary investigations reveal that the
technology exists to have the meters perform those functions and possibly eliminate the need
for the driver to manually keep a trip record. Two printing meters currently in use in Canada
have been identified. These would need to be reprogrammed to provide the pertinent data.
In an effort to reduce the costs to the industry, discussions with the suppliers of meters have
included issues such as remodelling currently used meters, trade-in allowances, warranties and
monthly leasing options. Known suppliers in North America and Europe have been contacted;
currently there is only one known supplier who can provide and install such printing meters in
Toronto.
An electronic swipe card for drivers is an optional feature of the new meters that could serve a
number of useful purposes and is a feature staff is investigating. A swipe card reader appears
to be needed for the use of credit cards and smart cards. Credit and smart cards would meet
public demand and benefit the industry. As a safety feature, they limit the driver's cash on
hand to avert possible robbery. Also, the swipe card option is necessary to electronically
separate driver's shift data inside the meter for useful tracking of working hours. It is
anticipated that the data can be electronically downloaded into a computer.
Although more information is required, it appears from discussions with the manufacturer that
implementation is possible commencing with the September inspection cycle. A future report
will address the use of data from meters to track drivers' income.
Limit on Driver's Hours of Work
The proposed By-law amendment, sections 3-6 of the draft bill, has been drafted limiting the
number of hours a driver can drive a taxicab to 60 hours maximum over seven consecutive
days. In the interim, the taxicab driver's Daily Trip Record (Appendix A to the draft bill) has
been amended by including a section for the driver to mark the precise time that his shift
started and finished. This amendment provides a method of monitoring compliance as the
existing by-law already requires that these Daily Trip Records be reviewed and kept by the
owner for at least twelve months and shall be open to inspection by any authorized person.
More efficient methods are being investigated with the electronic capabilities of the
taximeters.
Double Shifts:
Staff is recommending, as an additional safety measure, that drivers be prohibited from
working double shifts. One shift is typically twelve hours long. The attached amendment,
section 3 of the draft bill, prohibits the driver from working double shifts, and prohibits an
owner from employing a driver on a double shift.
Owners' Attendance at Inspections
The By-law amendments for requiring that owners attend vehicle inspections, and for granting
staff authority to remove the owner's plate if the attendance provisions are not met, are
attached as section 2 of the draft bill.
Exemptions:
The schedule for vehicle inspections is established by Licensing. Owners will be expected to
attend at a predetermined time. As a matter of policy, owners will be permitted to reschedule
their appointments prior to the inspection date if the appointment conflicts with a significant
previous engagement. Appointments will be rescheduled for long-standing medical
specialists' appointments, a court matter or exceptional vacation plans. Accommodation will
be made for religious observances.
In the event that an owner does not attend a scheduled inspection, the vehicle will not be
inspected and the owner will be required to personally reschedule the inspection. In most
cases there will be a $100.00 reinspection fee. Inspections may be rescheduled without charge
given one of the following circumstances:
- illness requiring hospitalization or of a serious nature;
- bereavement;
- court appearance; or,
- other compassionate grounds.
These requests for rescheduling and any changes will be monitored for any individual or
group patterns that may develop.
Penalties for Non-Attendance at Inspections:
If an owner does not attend for an inspection, the vehicle will not be inspected. If the owner
does not reschedule the inspection, and attend in person at the rescheduled inspection within
three days of the original inspection date, it is recommended that staff be authorized to remove
the taxicab plate. The vehicle cannot operate as a taxicab. The plate will be not be returned
until the owner attends in person for the inspection. This suggested procedure is similar to that
established for not presenting a vehicle at a scheduled inspection.
Set Fines:
As an alternative to removing the plate, staff is investigating the introduction of a set fine as a
penalty for non-attendance at an inspection. An owner would be issued a ticket and be
required to pay a fine that may be as high as $500.00. The implementation of the set fine
process will require a By-law amendment and an application to the Province, a process which
can take up to six months.
Conclusions:
This report recommends adoption of the attached draft bill and includes requested information
on limits to driver hours of work and enforcing the attendance of owners at inspections. The
bill will put into effect the Council approved recommendations for a Passenger Bill of Rights,
a new meter requirement, and owner attendance at inspections. The bill includes additional
amendments designed to streamline the implementation of these recommendations.
Contact Name:
James Ridge, Executive Director
Municipal Licensing and Standards
Metro Hall, 22nd Floor
397-4634
Reviewed by:
James RidgeVIRGINIA M. WEST
Executive DirectorCommissioner
Municipal Licensing and StandardsUrban Planning and Development Services
Attachs.
Authority:Emergency and Protective Services Committee
Report No. 13(1), November 25, 26 and 27, 1998 and Report No.
Enacted by Council:
CITY OF TORONTO
Bill No.
BY-LAW No.
To amend further Metropolitan Toronto By-law No. 20-85, a by-law
"Respecting the licensing, regulating and governing of trades, callings, businesses and
occupations in the Metropolitan Area", a by-law of the former Municipality of
Metropolitan Toronto.
The Council of The City of Toronto HEREBY ENACTS as follows:
1.Section 1 of By-law No. 20-85, as amended, a by-law "Respecting the licensing,
regulating and governing of trades, callings, businesses and occupations in the Metropolitan
Area", a by-law of the former Municipality of Metropolitan Toronto, is further amended by
adding the following subsections:
(15.1)"Commissioner" means the Commissioner of Urban Planning and Development
Services of the City of Toronto.
(32.1)"Municipal Licensing and Standards Division" means the Municipal Licensing and
Standards Division of the Urban Planning and Development Services Department, and
includes employees thereof.
2.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding the following
section:
21.1(1)Except when an owner submits his or her taxicab for examination before a licence
is issued therefor, every owner shall attend in person, and not by an agent, at each scheduled
or rescheduled mechanical examination of his or her taxicab conducted pursuant to subsection
21(1) of this Schedule.
(2)Where an owner fails to attend in person at a mechanical examination in accordance with
subsection (1) of this section, the taxicab shall not be inspected and the owner shall reschedule
the mechanical examination within three days of the original examination date.
(3)Where an owner fails to reschedule a mechanical examination and attend in person at
such rescheduled mechanical examination in accordance with subsections (1) and (2) of this
section, the Municipal Licensing and Standards Division shall remove such owner's plate
from the taxicab and the plate shall not be returned until such time as the owner submits his or
her taxicab for examination and attends in person at such examination.
3.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding the following
section:
99.(1)No driver shall operate a taxicab for more than sixty hours during any period of
seven consecutive days.
(2)No driver shall operate a taxicab for more that twelve hours during any period of
twenty-four consecutive hours.
(3)No owner shall permit any driver to operate a taxicab for any period in excess of the
hours prescribed by this section.
4.Subsection 28(1) of Schedule 8 to By-law No. 20-85, as amended, is further amended by
deleting the period at the end of paragraph (e) and replacing it with a semi-colon and the word
"and", and by adding the following paragraph:
(f)the time of the beginning and termination of each shift or working period.
5.Section 28 of Schedule 8 to By-law No. 20-85, as amended, is further amended by adding
thereto the following subsection:
(3)Every driver shall, at the beginning of each shift or working period, record the time of the
beginning of such shift or working period on his or her trip record.
6.Appendix "A" to Schedule 8 of By-law No. 20-85, as amended, is further amended by
adding at the top thereof the words "Driver Start Time" and "Driver Finish Time" such that
Appendix "A" is in the form attached to this by-law as Appendix "A", which Appendix shall
form part of this by-law.
7.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding thereto the
following section:
18.1(1)Every owner shall securely affix to the back of the front passenger seat of his or
her taxicab a Taxicab Passenger Bill of Rights in a form provided by the Commissioner or his
or her designate, which form shall state that taxicab passengers have a right to:
(a)direct the driver on the route to be taken;
(b)an effective complaints process;
(c)a free ride if the meter is not in a recording position;
(d)reduce the tip if the services referred to in this section are not provided;
(e)a quality taxicab which:
(i)is in good mechanical and physical condition;
(ii)has a clean passenger area and trunk
(iii)is heated or air-conditioned on demand;
(iv)has easy access to seatbelts;
(v)is a smoke-free environment;
(vi)equipped with a meter that issues receipts noting the date and time of the trip, the
distance travelled, the taxicab licence number and the fare charged; and
(f)a professional driver who:
(i)is licensed and knowledgable;
(ii)knows the major routes and destinations in the City of Toronto;
(iii)speaks and understands English;
(iv)is courteous and provides assistance;
(v)provides a safe ride;
(vi)knows and obeys the by-laws and all traffic laws; and
(vii)offers a silent ride if desired.
(2)The Taxicab Passenger Bill of Rights shall also state that drivers may not recommend
hotel accommodations or restaurants unless requested by the passenger.
(3)No owner or driver shall operate or permit to be operated his or her taxicab unless a
Taxicab Passenger Bill of Rights, as prescribed by this section, is displayed therein in
accordance with subsection (1) of this section.
8.Section 9 of Schedule 8 to By-law No. 20-85, as amended, is further amended by adding
thereto the following subsections:
(10)equipped with an automatic receipt dispenser which provides a receipt stating the date,
the time of the commencement and conclusion of the trip, the distance travelled, the plate
number of the taxicab, the total fare charged and the Municipal Licensing and Standards
Division taxicab customer service telephone number.
(11)programmed to record the income of each driver of the taxicab.
9.Section 83 of Schedule 8 to By-law No. 20-85, as amended, is repealed and the following
is substituted in lieu thereof:
83.Every owner and driver shall give a passenger a receipt containing the information
prescribed by subsection 9(10) of this Schedule.
10.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding the
following section:
20.2(1)No owner or driver shall operate or permit to be operated his or her taxicab unless
such taxicab is equipped with fully functional air-conditioning and heating systems.
(2)Every owner and driver shall, upon the request of a passenger, activate the
air-conditioning or heating systems in such owner or driver's taxicab.
11.Subsection 9(8) of Schedule 8 to By-law No. 20-85, as amended, is further amended by
deleting the words ""By-law of the Commission" and inserting in lieu thereof the words "the
Commissioner or his or her designate", such that the said subsection reads as follows:
(8)numbered, and, subject to the provisions of this By-law, shall be of a make and model
approved by the Commissioner or his or her designate.
12.Section 45 of Schedule 8 to By-law No. 20-85, as amended, is further amended by
inserting the word "telephone" between the words "any" and "radio", such that the said section
reads as follows:
45.Notwithstanding section 56 of this Schedule, every driver and every owner driving his
own taxicab shall turn off any telephone, radio, two-way radio, tape player or any other
sound-producing mechanical device in his taxicab upon being requested so to do by any
passenger, and having done so pursuant to such a request shall leave such device or devices in
the off position until that passenger's trip has been completed.
13.Paragraph 18(1)(f) of Schedule 8, as amended, is repealed.
14.(1)Sections 1 to 6 and 11 of this By-law shall come into force on the date of enactment
of this by-law.
(2)Sections 7 to 10, 12 and 13 of this By-law shall come into force on September 1, 1999.
ENACTED AND PASSED this day of, A.D..
MayorCity Clerk
(Corporate Seal)
H:\1999PROD\EP\CLAUSES\032399.MTG\LICENS~1.WPD
APPENDIX "A" TO SCHEDULE 8
