Agenda Index City of Vancouver

POLICY REPORT
LICENSING

TO:

Standing Committee on Transportation and Traffic

FROM:

Chief License Inspector

SUBJECT:

Amendments to Vehicles for Hire By-Law: New Limousine Classifications and Regulations

 

RECOMMENDATION

GENERAL MANAGER COMMENTS:

COUNCIL POLICY:

The Vehicles for Hire By-Law, Number 6066, amended by By-Law 7828, effective January 2, 1998: a By-Law for licensing and regulating the owners and drivers for hire in the City of Vancouver. The By-law contains the following four limousine definitions:

a) "Limousine" where used in sections 5, 11A and 21 of this By-law includes, except where the context otherwise indicates, an "Antique Charter Limousine", a "Charter Limousine" and a "Luxury Limousine".

b) "Antique Charter Limousine", which means a 4 door sedan motor vehicle which is at least 50 years of age and is used for carrying persons by charter.

c) "Charter Limousine", which means a 4 door sedan motor vehicle having a seating capacity of 6 or more passengers and used for carrying persons by charter where arrangements respecting the hire of the vehicle have been made prior to its arrival to pick up passengers.

d) "Luxury Limousine", which means a 4 door sedan motor vehicle registered as a Rolls Royce or Bentley.

PURPOSE & SUMMARY

The purpose of this report is to propose amendments to the Vehicles for Hire By-Law No. 6066 to include a Sedan Limousine and a Sport Utility Limousine as new Vehicles for Hire classifications and a Stretch Limousine to replace the existing Charter Limousine classification. These amendments will allow sedan and sport utility vehicles of a manufacturer's top quality line to be used as limousines in the City subject to compliance with the regulations in Appendix A.

The proposed amendments are timely as current market trends show a local and global shift in demand from the traditional stretch limousine to a smaller luxury executive sedan or sport utility vehicle limousine which is less ostentatious and more friendly to the environment. Whereas the City of Vancouver presently restricts limousines to the traditional stretch vehicle and sedans registered as a Rolls Royce or Bentley or 50 years of age or older, many other large North American municipalities permit the conditional use of sedan limousines.

The two proposed limousine classifications would permit limousine operators to diversify their fleet of vehicles to include sedans and/or sport utility vehicles subject to certain licensing and operational regulations. The regulations have been developed with consideration given to passenger safety and minimization of negative impacts on other service providers.

BACKGROUND

Presently, Vehicles for Hire By-Law No. 6066 allows the use of three different types of limousine carriers in the City. These include a "Charter Limousine" which, because of its minimum six (6) passenger seating capacity, is confined to the traditional stretch vehicle, anAntique Charter Limousine defined as a 4-door sedan vehicle 50 years of age or older and a Luxury Limousine defined as a 4-door sedan vehicle registered as a Rolls Royce or Bentley. However, no limousine classification currently exists to satisfy the growing demand for smaller top-of-the-line sedan vehicles and sport utility vehicles requested for limousine service by the motion picture industry, cruise ship passengers and other tourists, frequent airport travelers and groups of individuals and couples seeking a luxurious, yet more discreet form of transportation for extended engagements and special outings.

Most larger North American cities allow the use of sedan vehicles as limousines, subject to considerable restrictions in some cases and very few in others. Just like the traditional stretch limousine, these vehicles provide pre-booked service on a flat rate tariff and do not accept flag business. A summary of existing and/or proposed limousine definitions and accompanying regulations in select North American municipalities is found in Appendix B. Research indicates that the same allowance for limousine use has generally not been extended to sport utility vehicles, even though demand for the use of these type of vehicles as limousines is also increasing and therefore requires equal consideration.

DISCUSSION

In the recent past, the City has received requests from certain licensed charter limousine operations to use executive luxury sedan vehicles as part of their fleet. These sedans cater to individuals who want to ride in limousine comfort but not in the traditional custom-fabricated stretch vehicles. The capital and operating costs of executive sedan vehicles is significantly lower than that of the traditional stretch limousines. Common models include the Lincoln "Cartier" and "Executive L" which, along with other similar top of the line sedans, can cost in the range of $25,000 to $35,000 less than stretch vehicles. The city has also received a number of inquiries concerning the licensing of sport utility vehicles as limousines, although specific applications have not yet been made.

Demand for Sedan Limousines

The trend being experienced in large cities across North America is a significant increase in demand for luxury sedan limousines and the City of Vancouver is no exception. Correspondence received from the Pan Pacific Hotel and the Vancouver Hotel Association estimates that approximately 42% of limousine hire requests by hotel guests are for non-stretch limousines. Guests have become more sensitive to the excess fuel, space and traffic concerns created by stretch limousines and regard these vehicles as too ostentatious and costly to the environment. Rather than having to rely upon a taxicab, they would prefer to use an equally luxurious, yet more understated transportation option such as that providedby the executive sedan limousine. The Airport Authority also supports this new class of service as requests for executive sedan limousines have increased in frequency following the airport expansion/diversification which included the opening of the new luxurious Canadian Pacific Fairmont Hotel.

New Limousine Classifications

Licensing top-of-the-line sedan and sport utility vehicles for limousine use in the City requires the creation of new vehicle for hire classifications and an amendment to the existing Charter Limousine definition. The following two new limousine classifications are being proposed:

"Sedan Limousine" which means a full-sized, four-door sedan motor vehicle of a manufacturer's top quality line, with a closed body, a maximum seating capacity of five (5) passengers and an original, unaltered wheelbase of not less than 114.5 inches (290.83 cm); and

"Sport Utility Limousine" which means a four-door motor vehicle having the combined features of a sedan and truck and identified as a sport-utility vehicle by the manufacturer, with a closed body, a maximum seating capacity of eight (8) passengers and an original, unaltered wheelbase of not less than 116.0 inches (294.64 cm).

One of the main criteria used in developing the sedan and sport utility limousine classifications was to ensure that only vehicles of the manufacturer's top quality line were to be used as limousine carriers. The quality of the vehicle is important in distinguishing between an exclusive, luxurious pre-booked limousine service and the on-demand type of sedan service provided by the taxi industry. The quality standard used for a limousine sedan vehicle is the "Lincoln LS" with a wheelbase of 114.5 inches (290.83 cm). The quality standard used for a limousine sport utility vehicle is the "Cadillac Escalade" with a wheelbase of 116.0 inches (294.64 cm). Other sedan and sport utility models that conform to the quality standard by virtue of their wheelbase are included in Appendix C. The definitions for sedan and sport utility limousines also specify a closed body vehicle and a maximum seating capacity of five (5) and eight (8) passengers, respectively.

To provide a clearer distinction between the sedan and sport utility limousines and the traditional stretch limousine, it is recommended that the existing "Charter Limousine" definition in the Vehicles for Hire By-Law be renamed to "Stretch Limousine" and its definitions amended as follows:

"Stretch Limousine" which means a four-door sedan moor vehicle with a closed body and a minimum seating capacity of six (6) passengers and a maximum seating capacity of ten (10).

The reference in the existing Charter Limousine definition to making arrangements for the hire of the vehicle prior to its arrival to pick up passengers has been removed and included in the new, all-inclusive "Limousine" definition as it applies to all five limousine classifications. The minimum six passenger seating capacity ensures that only extended body production models can be licensed as stretch limousine vehicles.

The two existing limousine classifications, Antique Limousine and Luxury Limousine, remain unchanged.

Motor Carrier Commission Jurisdiction

Before June 15, 1999, taxis, limousines and shared-ride vans operating within a single municipality were exempt from the licensing requirements of the Motor Carrier Commission. Further to the recommendations of a report on B.C.'s taxi industry (June 1999), legislative amendments to the Motor Carrier Act (MCA) adopted in May 2000 effectively removed this exemption. All taxi, limousine and shared-ride van operators, regardless of their service area, now require approval from the MCC and are subject to Motor Carrier Commission licensing regulations and enforcement under the terms of the MCA. As a result, the City cannot license limousine operators/vehicles that have not received prior approval from the MCC.

In the recent past, the MCC has considered a series of competing applications to operate sedan limousines in the Lower Mainland. Service need is a primary consideration for the MCC when deciding on a licence application and the onus is on the applicant to satisfy the Commission that there is a substantive need for the proposed transportation service. The evidence presented by the proponents lead the MCC to believe that there is a demand for sedan type limousine service. Corporate clients and tourists are expressing a preference for these types of vehicles, and do not want the opulent appearance of a stretch limousine, nor do they want a taxi, but rather an indistinct but luxurious sedan. Most major North American cities already have sedan limousine service available to their traveling public and there is a strong growth in sedan use and purchase by transportation providers.

On July 27, 2001, the MCC considered an application by "Paramount Limousine Service Ltd." requesting the use of luxury sedan vehicles as part of its limousine fleet. The Commission found that the introduction of sedan limousines will respond to a publicdemand or need. Furthermore, as there was no convincing evidence provided by the objectors, it was concluded that allowing this service would not lead to destructive competition. As a result, the MCC established the following condition for the licensing of sedan limousines in this particular case:

1. This license is restricted to the operation of:

2. This License does not permit the operation of taxicab. A taxicab is defined as a vehicle operating with a top light, meter and radio and/or computer dispatch terminal and charging the public on the flag rate in measured kilometer basis.

In its ruling, the Commission placed the applicant on notice that the City of Vancouver Vehicles for Hire By-Law does not, at this time, recognize this class of vehicles as one which is approved for use carrying passengers for hire.

Proposed Regulations

The new limousine classifications will be subject to the same provisions applicable to all limousine carriers in the Vehicles for Hire By-Law, as well as the new proposed regulations outlined in Appendix A. These regulations have been developed with consideration given to passenger safety and minimization of negative impacts on the taxi industry and are subject to any changes that the Director of Legal Services may consider necessary

The new regulations specify that sedans or sport utility vehicles can only be licensed at a ratio of no more than two for each licensed stretch limousine. This requirement serves to establish criteria for legitimate limousine operations in the City. The physical appearance (ie. extended body) and considerable cost of the traditional stretch limousine exemplifies thenature of the limousine business as providing luxurious opulent service with a number of convenience options, including a glass partition separating the rear and front seats, top quality interior appointments such as leather or plush upholstery, power windows, television and stereo system. To distinguish this service from the on-demand door-to-door service provided by the taxi industry, it is essential that stretch limousines remain the main components of a limousine operation with sedan and sport utility limousine vehicles becoming a secondary option for customers.

The proposed regulations also recommend that a limousine operator must file tariff rates with the City that have been approved by and with the Motor Carrier Commission. Currently, the MCC has set a minimum fare of $65.00 per hour for executive sedan limousines. A minimum fare for limousine service that is well above the average taxicab fare and the strict enforcement of the pre-arranged fare provisions should deter direct competition between limousine and taxi service providers. The regulations also stipulate that whereas a taxicab provides on-demand service for a specific trip, limousine drivers must hire only by prior reservation for an extended engagement or special purpose. Requiring limousines to be booked in advance or engaged for an extended period at a greater expense allows a knowledgeable buyer to exercise choice, something a taxi passenger cannot do when approaching a waiting line of cabs.

Limousine drivers will be required to keep a daily log of all pick-ups to aid in the enforcement of the by-law relative to illegal limousine activity. In conjunction with the records required to be kept by owners, by-law enforcement officers will be able to easily verify that any particular service call was properly pre-arranged.

POTENTIAL IMPACTS ON TAXI INDUSTRY

The taxi industry has expressed concern with the City licensing sedan vehicles with a maximum of five (5) passengers as part of licensed charter limousine operations. Limousine businesses normally have lower operating costs than taxi businesses. With a lower cost advantage, limousine businesses allowed to use smaller vehicles more closely resembling the standard taxi sedan and being able to offer a more attractive, lower flat rate could conceivably capture a significant portion of the taxi industry's ridership and deflate taxi license values.

To alleviate the taxi industry's concerns, a ratio of 1:2 for the stretch limousine to the sedan and sport utility limousine must be met and a minimum fare per hour, as determined by the MCC, must be charged. Furthermore, the regulations state that limousine operators cannot advertise or hold themselves out to the public as being available for hire without priorbooking. Limousines are also prohibited from occupying designated taxi stands in the City or responding to hails from the street or other forms of on-demand requests for service and cannot have a taximeter inside the vehicle or a top light on the roof.

In March, 2001, Council approved the use of mini-vans as taxicabs allowing taxi operators to satisfy an existing demand for the transport of a group of people and their luggage. The use of minivans as taxicab vehicles is yet to be reviewed and approved by the Motor Carrier Commission. In turn, the amendments proposed to the Vehicles for Hire By-Law to accommodate sedan and sport utility limousines will satisfy the demand for such vehicles in the limousine industry.

Consultation with Limousine and Taxi Operators and Other Stakeholders

A letter seeking comments/feedback on the new, proposed limousine classifications and regulations was mailed to all licensed limousine operators and the four licensed taxi companies in the City, as well as a few additional stakeholders.

Eight (8) verbal and/or written responses were received and included three limousine operators, representatives of three taxi companies, Vancouver All-Terrain Adventures (aka Extreme Limousine) Ltd. and the Motor Carrier Commission. All comments /feedback was considered and where it was deemed appropriate or necessary, the proposed definitions and regulations were amended accordingly.

CONCLUSION

The proposed amendments to the Vehicles for Hire By-Law include the creation of new Sedan Limousine and Sport Utility Limousine Vehicle for Hire classifications and a Stretch Limousine classification to replace the existing Charter Limousine. This will enable sedans and sport utility vehicles to be used as limousines subject to certain established conditions, including a ratio of no more than two sedan or sport utility vehicles for each licensed stretch limousine.

The City will closely monitor the impacts of the proposed amendments throughout the first year of operation to evaluate problems/concerns, level of compliance with regulations and degree of impact on other service providers. If necessary, an update report will be presented to Council after the first full year of operation.

* * * * *

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APPENDIX A

DRAFT AMENDMENTS TO VEHICLES FOR HIRE BY-LAW #6066
NEW LIMOUSINE CLASSIFICATIONS & REGULATIONS

"Limousine" which means a chauffeur-driven motor vehicle not equipped with a meter, and hired only by prior reservation for an extended engagement or special purpose, that meets one of the following definitions:

(a) "Stretch Limousine" which means a four-door sedan motor vehicle with a closed body and a minimum seating capacity of six (6) passengers and a maximum seating capacity of ten (10) passengers.

(b) "Sedan Limousine" which means a full sized, four-door sedan motor vehicle of a manufacturer's top quality line, with a closed body, a maximum seating capacity of five (5) passengers and an original, unaltered wheelbase of not less than 114.5 inches (290.83 cm);

(c) "Sport Utility Limousine" which means a four-door motor vehicle having the combined features of a sedan and truck and identified as a sport-utility vehicle by the manufacturer, with a closed body, a maximum seating capacity of eight (8) passengers and an original, unaltered wheelbase of not less than 116.0 inches (294.64 cm);

(d) "Antique Limousine" which means a four-door sedan motor vehicle which is at least 50 years of age; and

(e) "Luxury Limousine" which means a four-door sedan motor vehicle registered as a Rolls Royce or Bentley.

CONDITIONS OF OPERATION:

1. A limousine owner/operator must have at least one licensed stretch limousine and a ratio of no more than two Sedan Limousines or Sport Utility Limousines for each Stretch Limousine licensed.

2. Every owner granted a license to operate a limousine shall, on the engagement of any driver, ascertain the number and date of the driver's license to operate a limousine and chauffeur's permit, and forthwith report the same to the Chief Constable and shall, during the term of the driver's employment, keep a record of such license and permit.

3. Limousine drivers must keep a daily log of all calls serviced, indicating the client's name and the date, time and location of pick-up, and such records shall be produced for inspection at any time on demand by the Chief Constable or the Inspector.

4. Limousine operators must file tariff rates with the City that have been approved by and with the Motor Carrier Commission (MCC). The fee charged to passengers is to be based only on the amount of time for which the vehicle is hired and not by any other means of calculation. No additional charge shall be levied for the carriage of baggage or parcels accompanying a passenger in a limousine.

5. No licensed limousine owner or driver shall use or publish, or permit to be used or published, any advertising matter or sign indicating, implying or suggesting fares or charges lower than the minimum hourly rate which owners or drivers of limousines are entitled to charge under the provisions of this By-law and MCC regulations.

6. No limousine carrier may advertise or hold itself out to the public as being available for hire without prior booking.

7. No limousine carrier shall occupy any designated taxi stands in the City or respond to hails from the street or other forms of on-demand requests for service.

8. No limousine carrier shall cruise, hover or stand in front of any theatre, hall, hotel, cruise ship terminal, railway or ferry station, transit station or other place of public gathering unless proof of a confirmed prior booking, with the customer's name, address, phone number and trip destination, can be produced for inspection on demand by the Chief Constable or City By-law Enforcement Officer.

9. Limousines must not have a taximeter inside the vehicle or a top light on the roof of the vehicle.

10. Limousine drivers shall be neatly and professionally dressed according to limousine industry standards.

11. Sedan Limousines and Sport Utility Limousines must be no older than two years calculated from and including the year of the vehicle's manufacture at the license application date.

12. Owners of a Sedan Limousine or Sport Utility Limousine must not use the vehicle for more than seven (7) years calculated from and including the year of its manufacture.

13. Stretch Limousines must be no older than 5 years calculated from and including the year of the vehicle's manufacture at the license application date.

14. Owners of a Stretch Limousine may use the vehicle for more than 5 years but less than 10 years calculated from and including the year of its manufacture if the Inspector is satisfied, on the basis of annual inspections, that the exterior appearance of the vehicle and the condition of its interior finishings are of a high standard.

APPENDIX B

By-Law Excerpts from other North American Municipalities: Existing and/or Proposed Limousine Definitions and Regulations

CITY OF EDMONTON BYLAW NO. 10670: A Bylaw to License and Regulate the use of limousines within the limits of the City of Edmonton

Six Limousine Definitions:

1. "Limousine" shall mean a large, luxury, chauffeur driver vehicle not equipped with a meter, with a seating capacity of three or more persons in the rear compartment and shall include sedan limousine, formal limousine, super stretched limousine, mega stretched limousine and ultra stretched limousine.

2. "Formal Limousine" shall mean a limousine, extended up to two (2) feet beyond the standard length for that model vehicle, with a seating capacity of not more than five (5) passengers in the rear compartment.

3. "Mega Stretched Limousine" shall mean a limousine, extended over six (6) feet beyond the standard length for that model vehicle, with a seating capacity of seven (7) or eight (8) passengers in the rear compartment.

4. "Sedan Limousine" shall mean a full sized four door vehicle being a manufacturers upper quality line, with a seating capacity of not more than three (3) passengers in the rear compartment.

5. "Super Stretched Limousine" shall mean a limousine, extended up to six (6) feet beyond the standard length for that model vehicle, with a seating capacity of not more than six (6) passengers in the rear compartment.

6. "Ultra Stretched Limousine" shall mean a limousine, extended over six (6) feet beyond the standard length for that model vehicle, with a seating capacity of more than eight (8) but not exceeding twelve (12) passengers in the rear compartment.

Operation of Service:

1. A holder of a limousine service license shall charge a rate that is not below the minimum rate set out in the schedule of fees.
2. A holder of a limousine service license shall

3. No person shall drive a limousine unless they hold a valid City of Edmonton limousine chauffeurs permit issued in accordance with the regulations and procedures prescribed by the City of Edmonton Taxi Cab Commission.
4. No person licensed as a limousine service or acting as a limousine chauffeur shall solicit business or passengers on or about the City streets or highways, or place other than the business location of the limousine service.
5. No limousine shall occupy any designated taxi stand on City property or cruise City streets or highways for the purpose of soliciting for work.
6. Limousines shall meet all the regulations of the City of Edmonton Taxi Cab Commission covering mechanical safety and vehicle inspection as contained in Bylaw 11093. A copy of the inspection certificate shall be retained in the vehicle and produced upon demand to any Police Officer or Bylaw Officer.
7. Limousine chauffeurs shall, when on duty be neatly attired.
8. The use of roof lights on limousines is prohibited. Exterior company identification may be used provided that the design has been approved by the Taxi Cab Commission.

Schedule of Fees
Tariffs and Limousine Rates

Group A
Sedan & Formal Limousines Minimum Charge $45.00 per hour

Group B
Super Stretched, Mega Stretched & Minimum Charge $60.00 per hour
Ultra Stretched Limousines Each Additional ½ hour $30.00

CITY OF CALGARY LIMOUSINE REGULATION 1/94 (1) through (5)

(1) The minimum rate to be charged for the hire of a limousine shall be FIFTY ($50.00) DOLLARS per hour with any part of an hour counting as a full hour.
(2) No additional charge shall be levied by any person for the carriage of baggage or parcels accompanying a passenger in a limousine.
(3) A limousine operator may contract for the use of a limousine for a flat rate fare, which has been approved in advance by the Commission for that particular trip or for that particular service.
(4) The onus of establishing that the prior approval of the Commission has been obtained for that particular trip or that particular service shall rest upon the limousine operator.
(5) No limousine chauffeur or limousine operator shall contract, advertise or accept in any manner a lesser fare than that prescribed in these Regulations.

Section 58 of the DRAFT Livery Transport Board By-Law

58(1) To qualify as a corporate sedan, a vehicle must be a luxury motor vehicle that is a top-of-the-line passenger vehicle, as identified by the manufacturer, having a seating capacity of at least six persons, including the driver.

(2) A corporate sedan shall:

59(1) To qualify as a limousine, a vehicle must

SCHEDULE "B" - FARES, RATES & CHARGES

Limousine Rates:

3. (1) The minimum rate to be charged for the hire of a limousine shall be FIFTY ($50.00) DOLLARS per hour with any part of an hour counting as a full hour.

CITY OF TORONTO LICENSE BY-LAW 574-2000

Definition:

"Livery Cab" means any automobile other than a taxicab, used for hire for the conveyance of passengers in the City of Toronto"

It is recommended that By-law 574-2000 be amended in the following manner:

a) Repeal Section 122 of Schedule 8, which imposes a limit of 375 livery licenses;
b) Establish a minimum rate of $50.00 per hour (or part thereof) for livery service;
c) Provide that an owner must first register a stretched vehicle and may then register up to five sedan vehicles for each stretched vehicle registered, in a ratio of no more than five sedan vehicles per one stretch vehicle registered;
d) Provide that all sedan vehicle be no older than five years old and all stretched vehicles be no older than eight years old;
e) In addition to providing that all service be pre-arranged, provide that owners keep a record of all calls serviced, and such records be available for inspection by Municipal Licensing & Standards staff upon request;
f) Provide that all drivers keep a daily log of all calls serviced, indicating the client's name, and the date, time and location of pick-up, and such records be available for inspection by Municipal Licensing & Standards staff upon request;
g) Repeal the provisions of Section 119 of Schedule 8 which deal with the use of direct-dial telephone in livery vehicles: namely, paragraphs (1)(a)(i), and (1)(f);
h) Include a definition of a stretched vehicle which establishes a minimum extension of 114 cm to a regular-sized luxury vehicle, provides for a minimum of seven seats in the vehicle exclusive o the driver, and does not allow for the use of vans, utility vehicles, pick-up trucks, station wagons or buses.

* The new regulations will continue to prohibit the use of vans, wagons or SUV's as limousine vehicles.

* The limousine industry requested a maximum lifespan of 5 years for executive sedans and 7 years for stretch limo vehicles.

* Limousine drivers will now be requested to take a driver-training course which differs from the required taxi driver course.

* The current vehicle license fees are as follows:

CITY OF MISSISSAUGA PUBLIC VEHICLE LICENSING BY-LAW 142-89

The City of Mississauga is currently in the process of reviewing its regulations pertaining to the limousine industry and has developed a number of proposed livery cab amendments. It has concluded that there is ample evidence to indicate that local and global livery transportation needs are changing. With these changes in mind, the City should take an innovative approach to meet local demand for luxury sedan for hire vehicles. Current market trends clearly signify that the public requires less ostentatious vehicles than previously required.

Staff are of the opinion that the by-law should be amended to highlight the following suggestions:

· Raising the ratio of Class A [stretch limousine vehicle] to Class B [luxury sedan vehicle] licenses to 1:5;
· Introduce the qualifying criteria of the livery company having an appropriately zoned business property with the ability to increase their fleet size to the required number in order to earn the ratio of 1:5 licenses. They will also have to provide evidence that they have sufficient work of thirty-five (35) hours for the sedan/limousine vehicles apiece;
· Establish a minimum rate of $50 for the first hour or part thereof;
· Accept vehicle inspections undertaken by the City of Toronto for those livery companies dually licensed in both the City of Mississauga and the City of Toronto. At present, the City accepts safety certificates which are not wholly reliable. The City of Toronto has a testing station in place which staff believe would provide more reliable mechanical testing certificates;
· Introduce model years for vehicles used with five (5) model years (with one (1) year possible extension) for sedan vehicles and unlimited for limousines;
· Permit the use of mobile phones for home-based livery companies as they are realistically needed and utilised by the industry in order to take orders.

CITY OF OTTAWA LIMOUSINE LICENSING BY-LAW NO. 2002-18

Definition: "limousine" means a motor vehicle with a seating capacity of not more than nine (9) persons, excluding the driver, that is intended to be used, or actually used, for hire for the purpose of transporting persons, ut does not include a taxicab licensed by the City of Ottawa.

11. (1) The limousine service that is provided pursuant to this by-law, shall only be provided:

(2) No person shall use a motor vehicle as a limousine unless:

Regulations:

42. (1) Every licensed limousine owner shall ensure that a taximeter is not placed in the limousine.

43. (1) Every licensed limousine owner shall ensure that the decal furnished pursuant to subsection (2) of Section 19 is affixed to the rear window of the limousine so as to be clearly visible from outside of the vehicle during the currency of the license.

44. Every owner or operator of a limousine business shall ensure that the limousine service that is provided conforms to Section 11.

45. Every person who drives a limousine shall ensure that the limousine service provided conforms to Section 11.

46. No person, other than a passenger in the limousine, shall use a cellular telephone in the limousine.

47. No person shall operate a licensed taxicab as a limousine.

SCHEDULE NO. 1: Fee Structure

Limousines
- Business of providing $704.00
limousine service

Owner of Limousine $400.00

Processing Fee

- for original license $30.00
- for renewal of license $10.00

Replacement Vehicle Transfer Fee $50.00
Replacement of Limousine Decal $5.00

GOVERNMENT OF QUEBEC (Transportation by Taxi Regulation R.S.Q., c. T-11.1, s.60)

Section 18. When providing transportation by limousine, the holder of a specialized taxi permit or a limousine permit issued under section 86 or 90.1 of the Act respecting transportation by taxi shall use the most luxurious make of sedan sold by the manufacturer at the time the holder bought his vehicle. The permit holder shall ensure that the sedan conforms to the following construction standards and is equipped in the following manner:

(1) it meets the requirements of the Motor Vehicle Act;
(2) deleted;
(3) it has a solid roof;
(4) it has 4 side doors;
(5) it has a wheelbase of not less than 280 centimetres (110.2 inches)
(6) it is equipped with a temperature-controlled air conditioning system;
(7) it has electrically-controlled windows;
(8) it has a leather or velour interior without stains or tears;
(9) its exterior paint is free of chips, scratches and rust.

Section 18.1 To provide transportation by "de grand luxe" limousine, the holder of a specialized taxi permit for transportation by "de grand luxe" limousine, of a limousine permit issued under section 86 or 90.1 of the Act respecting transportation by taxi or of a limousine permit issued under section 94.01 of Chapter VI.01 of the Act shall use an automobile complying with the following construction standards and having the following equipment it shall:

(1) meet the requirements of the Motor Vehicle Safety Act;
(2) have a wheelbase of not less than 340 centimetres (133.85 inches);
(3) have at least 4 side doors;
(4) have a solid roof;
(5) have leather or velour interior and have the following equipment:

Notwithstanding paragraph 2 of the first paragraph, an automobile that has not been altered and that has a wheelbase of not less than 330 centimetres (130 inches) may be used to provide "de grand luxe" service.

Section 19.1 Where the holder of a taxi permit replaces his limousine or "de grand luxe" limousine, he shall take possession of a limousine less than 2 years old or a "de grand luxe" limousine less than 4 years old, as the case may be.

Division IV: Specialized Transportation by Limousine

Section 72. The driver of a limousine operated under a taxi permit may not provide group transportation and may not solicit or steal customers.

73. A limousine driver shall take the most direct route to his destination, unless the customer indicates otherwise.

74. When a limousine driver is on duty, he may not park his limousine elsewhere than at the following places:

75. No person may advertise on the inside or outside of a limousine operated under a specialized taxi permit for transportation by limousine, or install thereon an identifying sign, or equip such limousine with a taximeter or similar counter.

77. Rates and scales fixed by the hour shall include a minimum of one hour payable by the customer each time that a limousine is made available to him. After the first hour, fractions of an hour may be charged.

Whatever the method of fixing rates and scales, the price of a trip may not be less than an amount representing the hourly scale referred to in section 49, for 1 hour, multiplied by a factor of 1.8.

A limousine is made available to a customer within the meaning of this section when it leaves a taxi stand at his request.

78. Where the rates and scales are fixed by zone, the limousine driver shall , to set the price of the trip, consider only the number of zones crossed or entered into, even partially.

78.01 A limousine driver may require that a customer pay a fee for the use of the driver's cellular telephone. Such fee shall correspond to the actual cost of the service, plus the related taxes.

78.2 Sections 72 to 75, 77 and 78 shall apply mutatis mutandis to transportation by "de grand luxe" limousine. Notwithstanding the foregoing, the factor established in the second paragraph of section 77 shall be 3.6 in the case of a "de grand luxe" limousine.

STATE OF WASHINGTON RCW 46.04.274

"Limousine" means a category of for hire, chauffeur-driven, unmetered, unmarked luxury motor vehicles that meets one of the following definitions:

RCW 46.7A.020 All limousine carriers must operate from a main office and may have satellite offices. However, no office may be solely in a vehicle of any type. All arrangements for the carrier's services must be made through its offices and dispatched to the carrier's vehicles. Under no circumstances may customers or customer's agents make arrangements or immediate rental of a carrier's vehicle with the driver of the vehicle, even if the driver is an owner or officer of the company, with the single exception of stand-hail limousines only at a facility owned and operated by a port district in a county with a population of one million or more that are licensed and restricted by the rules and policies set forth by the port district.

RCW 46.72A.050 No limousine carrier may operate a limousine upon the highways of this state without first obtaining a business license from the department........In addition, a limousine carrier shall annually obtain, upon payment of the appropriate fee, a vehicle certificate for each limousine operated by the carrier.

RCW 46.72A.080 No limousine carrier may advertise or hold itself out to the public as providing taxicab transportation services.

RCW 46.72A.090 The limousine carrier shall certify to the appropriate regulating authority that each chauffeur hired to operate a limousine meets the following criteria: (1) Is at least twenty-one years of age; (2) holds a valid Washington state driver's license; (3) has successfully completed a training course approved by the department; (4) has successfully passed a written examination; (5) has successfully completed a background heck performed by the Washington state patrol; and (6) has submitted a medical certificate certifying the individual's fitness as a chauffeur. Upon initial application and every three years thereafter, a chauffeur must file a physician's certification with the limousine carrier validating the individual's fitness to drive a limousine.
CITY OF PORTLAND (CITY CODE SECTIONS 16.40.900 - 16.40.950)

Definitions:

"Limited Passenger Transportation" (LPT) means providing specialized transportation services by motor vehicle for hire other than a taxicab, to passengers to or from points within the jurisdiction of the City, including but not limited to or Specially Attended Transportation, Executive Sedan Transportation or Shuttle Transportation.

1. "Shuttle Transportation" means transportation provided in a motor vehicle:

2. "Executive Sedan Transportation" means a form of luxury transportation provided by vehicles for hire that utilizes standard size, top of the line or luxury sedan vehicles. Specific vehicles otherwise not in compliance with this definition may be permitted if approved in writing by the Taxicab Board of Review.

3. "Specially Attended Transportation" means providing regular, ongoing specialized transportation services for passengers with special needs, not otherwise requiring emergency medical transportation by ambulance.

Vehicle Identification, Safety and Equipment: Any LPT vehicle operated by permittee shall:

A. Prominently display in a manner satisfactory to the Supervisor, on the outside of the vehicle, on both sides, the full name and telephone number of permittee, and the words "SPECIALLY ATTENDED TRANSPORTATION; "EXECUTIVE SEDAN TRANSPORTATION" or "SHUTTLE TRANSPORTATION" depending on the category of LPT permit granted, and the words "RESERVATION ONLY". Permittee shall not display the words "taxicab", "taxi" or "cab" on te vehicle.

B. Be equipped with all pollution control equipment and safety devices originally installed by the manufacturer. All equipment and devices shall be maintained in god working order. All LPT vehicles shall be maintained in a clean and safe condition.

C. Not be required to have a meter, but permittee may exercise the option to install a meter out of the view of passengers or the public in one or more LPT vehicles if needed for LPT business.

D. Not be equipped with a top light.

Reservations: LPT service shall be by prior reservation only. Prior reservation means the service is restricted to requests arranged with permittee prior to the provision of service. LPT vehicles may not respond to hails from the street or other types of on demand requests for service, except that EST nd ST service may be provided on demand when it originates at Portland International Airport.

Complaints: Every LPT vehicle shall have posted in a prominent place within the passenger compartment the following notice: "If you have a complaint, contact the provider (telephone number) of the Supervisor (telephone number)." The size, shape, colour, type of material, size of characters, location of the notice, or other relevant factors shall be subject to the approval of the Supervisor.

The following additional regulations apply for permits for:

20. Executive Sedan Transportation (EST)

1. Chauffeurs driving for executive sedan transportation shall be professionally dressed according to limousine industry standards and shall be trained to be especially attentive to passenger needs, convenience, comfort or pleasure.

2. Executive sedan transportation vehicles shall be large, expensive, classic or vintage vehicles commonly recognized by the limousine industry as a limousine or executive vehicle.

3. Executive sedan transportation vehicles shall be impeccably clean and rigorously maintained.

4. Executive sedan transportation vehicles shall provide passenger amenities, such as luxury upholstery, halo lighting, sunroof, telephone and television.

5. Premium rates shall be charged for executive sedan transportation (ie. rates which are consistently and substantially higher than the prevailing rates charged by licensed taxicab companies within the City of Portland).

6. Service for reservation only (for example, not to be hailed on the street) means restricted to requests by prior arrangement

APPENDIX C

ACCEPTABLE SEDAN LIMOUSINE VEHICLES
WHEELBASE & BASE PRICE COMPARISON
( Information obtained from "Yahoo Autos" website).

YEAR 2002 VEHICLE MODEL

WHEELBASE (Ft/Rr)
(114.5 inches minimum)

BASE PRICE

Lincoln Town Car Cartier L

123.7

$49,235

Lincoln Town Car Premium Signature

117.7

$44,470

Lincoln LS

114.5

N/A

Lincoln Town Car Executive

117.7

$40,170

Cadillac DeVille DTS

115.3

$47,520

Ford Crown Victoria LX Sport

114.7

$28,355

ACCEPTABLE SPORT UTILITY LIMOUSINE VEHICLES
WHEELBASE & BASE PRICE COMPARISON

YEAR 2002 VEHICLE MODEL

WHEELBASE (Ft/Rr)
(116.0 inches minimum)

BASE PRICE

Lincoln Navigator 4x4

119.0 inches

$48,340

GMC Yukon Denali AWD

116.0

$47,089

Ford Excursion 4x4 Limited Ultimate 7.3L - 430A

137.1

$47,375

AM General Hummer Hard Top 4 Door

130.0

$90,678

Cadillac Escalade AWD

116.0

$52,230

Ford Expedition XLT 4x4

119.1

$33,425

Cadillac Escalade EXT Sport Utility Truck

130.0

$49,245

GMC Yukon 4WD

116.0

$36,374

Chevrolet Tahoe 4WD LS

116.0

$35,720

Chevrolet Suburban 2500 4WD LS

130.0

$40,151

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