|
CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Report Date: |
March 22, 2005 | |
Author: |
Alena Straka | |
Phone No.: |
604.871.6683 | |
RTS No.: |
04993 | |
CC File No.: |
2801 | |
Meeting Date: |
April 12, 2005 |
TO: |
Vancouver City Council |
FROM: |
Chief License Inspector |
SUBJECT: |
Housekeeping Amendments to Vehicles for Hire By-law No. 6066 |
RECOMMENDATION
A. THAT Council approve the amendments to the Vehicles for Hire By-law discussed in this report.
B. THAT Council authorize the Director of Legal Services to bring forward the appropriate by-law amendments to the Vehicles for Hire By-Law generally as set out in the draft by-law attached as Appendix A.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the above recommendations.
COUNCIL POLICY
The Vehicles for Hire By-Law licenses and regulates the owners and drivers of vehicles for hire in the City of Vancouver.
PURPOSE
The purpose of this report is to seek Council's approval for certain housekeeping amendments to the Vehicles for Hire by-Law which amend the dual taxicab definition, clarify the regulations pertaining to chauffeur's permits for applicable vehicles for hire categories and include certain miscellaneous changes such as headings and a table of contents to the by-law.
BACKGROUND
The original Vehicles for Hire By-law No. 4299 was passed by Council in 1967 and was replaced in 1986 by Vehicles for Hire No. 6066. Over this time period, there have been periodic amendments made to the By-law to reflect certain regulation and license fee changes. With all the by-law amendments made over the years and certain sections of the by-law becoming outdated and inconsistencies arising, a re-write of the Vehicles for Hire By-Law is necessary and will be undertaken at a future date.
However, further to a review of the by-law amendments necessary to implement Council's resolution of March 3, 2005 concerning twenty-nine (29) new dual taxicab licenses and effective January 1, 2005, an additional 18 hours of taxicab driver training with a focus on transporting people with mobility impairments, it was evident that certain changes to the Vehicles for Hire By-law were necessary to address inconsistencies, misinterpretations and outdated language. Other housekeeping amendments were also identified to make the by-law more user-friendly until such time as the document can be re-written in its entirety.
DISCUSSION
By-law amendments required to accommodate Council's resolution of March 3, 2005 concerning dual taxicab licenses and additional driver training and improve upon the by-law's user-friendliness are outlined in the draft by-law attached as Appendix A. These amendments include the following general changes:
1. The current "Dual Taxicab" definition is amended to ensure that with the exception of those sections that specifically exclude dual taxicabs, wherever taxicabs are discussed in the By-law, dual taxicabs are also included, as has always been the intent of the By-law.
2. A provision is included in each of the individual Sections of the By-law pertaining to limousines, dual taxicabs, school shuttle vans and taxicabs (ie. Sections 12, 14, 19A and 20) which requires each owner and driver of these vehicle for hire classifications to comply with the By-law's chauffeur's permit regulations in Section 5.
3. Section 5 of the By-law pertaining to chauffeur's permits is amended to clarify the following:
· that with the exception of the provision concerning required driver training (ie. Section 5(3)), each provision applies to taxicabs, school shuttle vans and limousines;
· that all taxi drivers must successfully complete an additional 18 hours of advanced training which includes a focus on transporting people with mobility aids by January 1, 2006; and
· that chauffeur's permits are issued for a one year period and must be renewed every year by February 28, as has always been city practice.
4. The provisions in the By-law's school shuttle van section (ie. Section 19A) pertaining to chauffeur's permits are repealed because they are duplicates of Section 5 provisions, except that the requirement for school shuttle van drivers to complete at least six hours of training has been moved to Section 5 as a requirement for obtaining a chauffeur's permit.
5. Headings and a table of contents are included in the Bylaw and paragraph spacing and numbering is updated.
6. The term Motor Carrier Commission found in Section 12 (8), (9) and (10) of the By-law is amended to the new Passenger Transportation Board.
CONCLUSION
Staff recommend that Council approve the housekeeping amendments to the Vehicles for Hire By-law as outlined in Appendix A to implement Council's resolution of March 3, 2005 concerning dual taxicab licenses and additional driver training and to make the By-law more user-friendly.
- - - - -
APPENDIX A
BY-LAW NO. _______
A By-law to amend
Vehicles for Hire By-law No. 6066
regarding dual taxicabs and miscellaneous amendments
THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:
1. This By-law amends the indicated sections of the Vehicles for Hire By-law.
2. From section 2, Council repeals:
` "Taxicab", where used in sections 20 and 21 of this By-law includes, except where the context otherwise indicates, a "dual taxicab".'
3. From section 2, under the definition of "Vehicles for Hire", Council repeals the definition of "Dual Taxicab", and substitutes:
` "Dual Taxicab", which means a taxicab that includes accommodation for at least one passenger using a mobility aid.'
4. After section 2, Council adds:
"2A. The table of contents for this By-law is for convenient reference only, and is not for assistance in interpreting or enforcing this By-law."
5. Council repeals section 5, and substitutes:
"(1) A person must not drive, operate, or be in charge of a limousine, school shuttle van, or taxicab unless that person holds a current chauffeur's permit.
(2) A person must apply for a chauffeur's permit to the Chief Constable who may issue or refuse to issue the permit.
(3) Despite anything to the contrary in this By-law, the Chief Constable must refuse to issue a chauffeur's permit to a person to drive, operate, or be in charge of a taxicab unless the Chief Constable is satisfied that the applicant has successfully completed:
(a) at least 27 hours of training designed to develop the driver's knowledge, skills, and attitudes, through the Taxihost Program Level 1 course for drivers provided by the Justice Institute of British Columbia, or other course approved by the Inspector; and
(b) at least 18 hours of advanced training designed to develop the driver's ability to transport people using mobility aids including loading and unloading, driver safety including assault avoidance and awareness, collision prevention and advanced geography, through the Taxihost Program Level 2 course for drivers provided by the Justice Institute of British Columbia, or other course approved by the Inspector, except that this subsection (b) does not take effect until January 1, 2006.
(4) Despite anything to the contrary in this By-law, the Chief Constable must refuse to issue a chauffeur's permit to a person to drive, operate, or be in charge of a school shuttle van unless the Chief Constable is satisfied that the applicant has successfully completed at least six hours of training designed to develop the driver's knowledge, skills, and attitudes.
(5) If the Chief Constable refuses to issue a chauffeur's permit, section 36 of the Motor Vehicle Act applies.
(6) The Chief Constable must not consider an application for a chauffeur's permit unless the applicant has submitted with it a letter signed by the owner of a limousine, school shuttle van, or taxicab, as the case may be, licensed in the city, and indicating that the owner intends to hire the applicant immediately after issuance of the chauffeur's permit to the applicant.
(7) Every driver of a limousine, school shuttle van, or taxicab must produce his or her chauffeur's permit for inspection upon request by a police officer or the Inspector.
(8) All permits issued under this section 5, unless the same become sooner forfeited, suspended, or revoked, will be for the calendar year current at the time of issuance of a permit, and will expire on February 28 next succeeding the date of issue."
6. After section 12(13), Council adds:
"(14) Each owner and driver of a limousine must comply with section 5 which regulates chauffeur's permits."
7. After section 14(2), Council adds:
"(3) Each owner and driver of a dual taxicab must comply with section 5 which regulates chauffeur's permits."
8. Council repeals subsections (4), (5), (6), (7), and (8) of section 19A, and re-letters subsections (9), (10), and (11) as subsections (4), (5), and (6) respectively.
9. After section 19A(6), Council adds:
"(7) Each owner and driver of a school shuttle van must comply with section 5 which regulates chauffeur's permits."
10. From section 20(1), Council strikes out "40", and substitutes "59".
11. After section 20(23), Council adds:
"(24) Each owner and driver of a taxicab must comply with section 5 which regulates chauffeur's permits."
12. In the Vehicles for Hire By-law, Council:
(a) inserts the table of contents and headings, all as set out in Appendix A attached to this By-law; and
(b) re-numbers all sections, including the new provisions numbered in this By-law, and all cross-references, including the cross-references contained in the new provisions numbered in this By-law, and amends the order of sections, all as set out in Appendix A.
13. This By-law is to come into force and take effect on the date of its enactment.
ENACTED by Council this day of , 2005
__________________________________
Mayor
__________________________________
City Clerk
APPENDIX A
CITY OF VANCOUVER
BRITISH COLUMBIA
VEHICLES FOR HIRE BY-LAW NO. 6066
VEHICLES FOR HIRE BY-LAW NO. 6066
TABLE OF CONTENTS
1. Name of By-law
2. Definitions
3. Table of contents
4. Exemptions
5. Types of vehicles for hire
6. Chauffeur's permits
7. Vehicle for hire license
8. Term of license
9. Suspension or revocation of license
10. Appeal of suspension
11. Transfer of license
12. Numbered plate
13. Valid decal
14. Limousine hires
15. Courier bicycles
16. Driver instruction vehicles
17. Funeral cabs
18. Handicapped cabs
19. Horse-drawn carriages
20. Pedicabs
21. Public buses
22. School shuttle vans
23. Taxicabs
24. Dual taxicabs
25. Taxicab fares
26. Tow trucks
27. U-drives
28. Vehicles for hire
29. Effect of non-compliance
30. False statements
31. Infractions
32. Fines and penalties
33. Repeal
34. Force and effect
BY-LAW NO. 6066
A By-law for licensing and regulating
the owners and drivers of
vehicles for hire in the City of Vancouver
___________________________________________________
THE COUNCIL OF THE CITY OF VANCOUVER, in open meeting assembled, enacts as follows:
Name of By-law
1. This By-law may be cited as the "Vehicles for Hire By-law".
Definitions
2. In this By-law, unless the context otherwise requires:
"Applicant" means the person who makes and signs an application for any license or transfer of any license.
"Approved Towaway Sign" means a sign, in a form satisfactory to the Inspector, which adequately indicates the circumstances under which a vehicle may be towed away and the place where it may be reclaimed.
"Chauffeur's Permit" means the permit required to be held by a chauffeur pursuant to the Motor Vehicle Act.
"Chief Constable" means the Chief Constable for the time being of the City and includes lawful assistants of the Chief Constable.
"Commercial Parking Lot" means an area of land or any building or part thereof where the lawful parking of motor vehicles is provided for a fee, and includes, where no fee is charged, areas provided specifically for customers of a business, or tenants in buildings other than buildings used exclusively for residential purposes.
"Driver" includes every person who drives or is in charge of a vehicle for hire.
"Hire" means the fare, toll, fee or rate charged or collected from any person for the transportation of a person or persons, or chattels of persons.
"Inspector" means the Chief License Inspector of the City duly appointed by the Council, and includes lawful assistants of the Inspector.
"License" means the license required or issued under the provision of this By-law.
ALimousine@ includes an Antique Limousine, Luxury Limousine, Sedan Limousine, Sport Utility Limousine, and Stretch Limousine, all as defined under AVehicle for Hire@ in this section 2.
"Motor Vehicle" includes automobiles, motorcycles and all other vehicles propelled otherwise than by muscular power, excepting trailers.
AMobility Aid@ means a device, including a manual wheelchair, electric wheelchair and scooter, that is used to facilitate the transport, in a normally seated orientation, of a person with a physical disability.
"Owner" includes the proprietor or other person having the conduct or operation of any vehicle for hire.
"Parking Lot" means any area of land, or land and building, which is used for the purpose of providing parking facilities for automobiles, but does not include an area where such parking is an ancillary use to a single-family dwelling on the same area of land.
"Passenger Transportation Pool Vehicle" means any motor vehicle that is operated at any time or from time to time on a highway under the following conditions:
(a) for the transportation of persons from the residence of the vehicle owner or operator to a place of employment or to a common destination adjacent thereto or in the case of an employer-operated vehicle, for the transportation of that employer's employees to and from a place of employment; and
(b) the carriage of such persons is conducted in conjunction with a transportation pooling arrangement for passengers which is sponsored and coordinated by an organization or agency working in conjunction with the federal government of Canada, the government of British Columbia, the governing body of any city or municipality in British Columbia or any combination of these governmental bodies; and
(c) the compensation charged to passengers for such transportation does not exceed, in the aggregate, an amount equivalent to that required to pay operating costs and capital costs of the vehicle used for such transportation during the period of usage when the vehicle is employed in providing such transportation.
"Seating capacity" means the rated passenger load assigned to a motor vehicle by its manufacturer, but when used in combination with "passengers" does not include the driver
"Taximeter" means any mechanical or electronic instrument or device by which the charge for transportation in any taxicab is mechanically or electronically calculated either for distance travelled or for waiting time, or both, and upon which the charge is indicated by means of figures.
"Used", where it appears in any subsection of this section, means used or intended, designed or kept for use.
"Vehicle for Hire" means a vehicle used for the carrying, transportation or conveyance of persons or property for hire and, without limiting the generality of the foregoing, shall for the purpose of this By-law include the following classifications:
"Airport Shuttle Bus", which means a motor vehicle used exclusively to transport persons from an Airport Transporter to any point in the City or from any point in the City to an Airport Transporter at no cost to the passenger.
"Airport Transporter", which means a motor vehicle of a type and design of a bus or van with a seating capacity of 7 or more passengers and that is used exclusively to transport passengers to an airport.
AAntique Limousine@, which means a chauffeur-driven sedan motor vehicle at least 50 years old, not equipped with a meter, and hired only by prior reservation for an extended engagement or special purpose.
"Charter Bus", which means a motor vehicle having a seating capacity of 10 or more passengers and operated as a sightseeing venture over a fixed or predetermined route of travel and charging a certain sum per person for each trip or by charter to transport persons on a prearranged basis to a specified location.
"Charter Van", which means a motor vehicle having a seating capacity of not less than 6 and not more than 9 passengers and used for carrying persons and their equipment by charter to destinations outside the City where arrangements respecting the vehicle have been made prior to its arrival to pick up passengers.
"Courier Bicycle", which means a 2-wheeled vehicle used for conveying goods and propelled solely by the foot power of the operator.
"Driver Instruction Vehicle", which means a motor vehicle equipped and used for the purpose of teaching others to drive motor vehicles.
"Dual Taxicab", which means a taxicab that includes accommodation for at least one passenger using a mobility aid.
"Funeral Cab", which means a motor vehicle used exclusively for the transportation of persons incidental to a funeral.
"Handicapped Cab", which means a motor vehicle of a type and design of a bus or a van that is used primarily for transporting persons who use mobility aids.
"Horse-Drawn Carriage", which means a 4-wheeled vehicle drawn by no more than 2 horses and operated over a fixed or defined route of travel.
ALuxury Limousine@, which means a four-door sedan motor vehicle registered as a Rolls Royce or Bentley, not equipped with a meter, and hired only by prior reservation for an extended engagement or special purpose.
"Motor Stage", which means a motor vehicle having a seating capacity of 12 or more passengers used for the carrying of persons from the City and operated at any time or from time to time over a route or between fixed termini or on a regular time or toll schedule.
"Pedicab", which means a 3-wheeled vehicle propelled solely by the foot power of the operator and capable of carrying no more than 2 passengers in addition to the operator.
"Public Bus", which means a motor vehicle having a seating capacity of more than 7 passengers, which is operated for the purpose of providing transportation to persons who have not prearranged to be transported on a specific trip. It does not include a vehicle coming within any of the classes more specifically defined in this section, but does include a vehicle operated by the Metro Transit Operating Company or as part of a service established under the British Columbia Transit Act.
"School Cab", which means a motor vehicle used for the conveyance of children to or from school and operated by or under contract with the owner or person in charge of the school.
ASchool Shuttle Van@, which means a motor vehicle:
(a) the seating capacity of which is not less than 6 passengers nor more than 9;
(b) the exclusive use of which is to transport, between home and pre-school or school only, children from pre-schoolers to Grade 12 students; and
(c) in respect of which the owner or operator of the motor vehicle contracts with a person for its hire before the motor vehicle=s arrival to pick up any passengers referred to in subsection (b) of this definition.
ASedan 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 passengers, and an original, unaltered wheelbase of not less than 290.83 cm (114.5 inches), not equipped with a meter, and hired only by prior reservation for an extended engagement or special purpose.
"Shared Ride Van", which means a motor vehicle used for carrying passengers on a trip originating or terminating within the City where arrangements respecting the hire of the vehicle have been made prior to its arrival to pick up passengers and includes a U-Drive used for this purpose but does not include any other vehicle for hire classified in Schedule A of this By-law.
ASport 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 passengers and an original, unaltered wheelbase of not less than 294.64 cm (116.0 inches), not equipped with a meter, and hired only by prior reservation for an extended engagement or special purpose.
AStretch Limousine@, which means a four-door sedan motor vehicle or a stretched sport utility 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 minimum seating capacity of six passengers, and a maximum seating capacity of 10 passengers, not equipped with a meter, and hired only by prior reservation for an extended engagement or special purpose.
"Taxicab", which means a 4 door sedan or 4 side door mini-van motor vehicle having a seating capacity of not less than 4 passengers nor more than 7.
"Tow Truck", which means a motor vehicle designed or adapted for use as a means of towing other motor vehicles from place to place.
"U-Drive", which means a motor vehicle which may be hired or rented by the hour, day, week or month without a driver, but does not include a vehicle leased on a yearly basis or for a longer period.
Table of contents
3. The table of contents for this By-law is for convenient reference only, and is not for assistance in interpreting or enforcing this By-law.
Exemptions
4. The following are exempt from the regulations of this By-law:
(a) the operation of any vehicle for hire by the Metro Transit Operating Company or as part of a service established under the British Columbia Transit Act;
(b) except for section 7(2), the Vancouver Civic Development Corporation;
(c) the operation of any passenger transportation pool vehicle.
Types of vehicles for hire
5. No person shall own or operate any vehicle for hire except as classified, described or named in Schedule "A" of this By-law.
Chauffeur's permits
6. (1) A person must not drive, operate, or be in charge of a limousine, school shuttle van, or taxicab unless that person holds a current chauffeur's permit.
(2) A person must apply for a chauffeur's permit to the Chief Constable who may issue or refuse to issue the permit.
(3) Despite anything to the contrary in this By-law, the Chief Constable must refuse to issue a chauffeur's permit to a person to drive, operate, or be in charge of a taxicab unless the Chief Constable is satisfied that the applicant has successfully completed:
(a) at least 27 hours of training designed to develop the driver's knowledge, skills, and attitudes, through the Taxihost Program Level 1 course for drivers provided by the Justice Institute of British Columbia, or other course approved by the Inspector; and
(b) at least 18 hours of advanced training designed to develop the driver's ability to transport people using mobility aids including loading and unloading, driver safety including assault avoidance and awareness, collision prevention and advanced geography, through the Taxihost Program Level 2 course for drivers provided by the Justice Institute of British Columbia, or other course approved by the Inspector, except that this subsection (b) does not take effect until January 1, 2006.
(4) Despite anything to the contrary in this By-law, the Chief Constable must refuse to issue a chauffeur's permit to a person to drive, operate, or be in charge of a school shuttle van unless the Chief Constable is satisfied that the applicant has successfully completed at least six hours of training designed to develop the driver's knowledge, skills, and attitudes.
(5) If the Chief Constable refuses to issue a chauffeur's permit, section 36 of the Motor Vehicle Act applies.
(6) The Chief Constable must not consider an application for a chauffeur's permit unless the applicant has submitted with it a letter signed by the owner of a limousine, school shuttle van, or taxicab, as the case may be, licensed in the city, and indicating that the owner intends to hire the applicant immediately after issuance of the chauffeur's permit to the applicant.
(7) Every driver of a limousine, school shuttle van, or taxicab must produce his or her chauffeur's permit for inspection upon request by a police officer or the Inspector.
(8) All permits issued under this section 6, unless the same become sooner forfeited, suspended, or revoked, will be for the calendar year current at the time of issuance of a permit, and will expire on February 28 next succeeding the date of issue.
Vehicle for hire license
7. (1) No person shall carry on, engage in, own or operate any business, trade, occupation, undertaking or thing classified, described or named in Schedule "A" of this By-law without holding a valid and subsisting City license therefor.
(2) Every person applying for a license pursuant to this By-law shall make application to the Inspector on the form provided for that purpose, and at the time of making the application shall pay to the City the license fee specified in Schedule "A" of this By-law.
(3) On receipt of an application and before issuing any license thereon, the Inspector shall ascertain whether the applicant has at any time within the preceding 5 years been convicted of any offence under any Statute of Canada, the Province of British Columbia or elsewhere, or under any By-law of the City of Vancouver and the Inspector, if of the belief that the nature of the offence relates to the business, trade, profession or other occupation for which the application has been made, shall refuse to issue the license. The Inspector shall also refuse to issue such license unless satisfied that:
(a) the applicant is 19 years of age or older; can speak, read and write the English language; possesses an intimate knowledge of the City and its traffic regulations and of this By-law; and is willing and able to maintain a continuous and satisfactory service to the public during the currency of the license;
(b) except in the case of a driver instruction vehicle and school shuttle van, the applicant is the registered owner of the vehicle with respect to the operation of which a license has been applied for; provided, however, any person owning a vehicle licensed as a u-drive, motor stage, funeral cab, school cab, charter bus, limousine, or airport transporter may lease, for a period not less than 30 days, other motor vehicles for use in connection with the business;
(c) the vehicle with respect to the operation of which a license has been applied for is suitable for the use intended, is equipped as required by this By-law, and complies in all respects with applicable provisions of the Motor Vehicle Act and the Highway Act;
(d) in the case of a vehicle for hire which is not defined as a "motor vehicle" pursuant to the Motor Vehicle Act, except for a courier bicycle, the applicant is the holder of a valid policy of liability insurance pertaining to the vehicle with a minimum coverage of $2,000,000 (two million dollars); and
(e) each of the applicant and any motor vehicle the applicant intends to use or will use in the business, trade, profession, or other occupation for which the applicant is applying for the license complies with the requirements of this By-law.
(4) If the Inspector refuses to issue such license the applicant may appeal to Council who may grant or refuse the application.
(5) Subject to the provisions of this section, the Inspector shall issue a license to an applicant.
(6) Notwithstanding subsection (1) of this section, a person not licensed pursuant to this By-law but holding a valid taxicab license from another municipality may pick up passengers within the City provided that the passengers have made prior arrangements for the pick up and the destination is at all times within the municipality where the owner or operator of the taxicab is originally licensed under the Motor Carrier Act.
Term of license
8. (1) All licenses issued under this By-law, unless the same becomes sooner forfeited, suspended, or revoked, shall be for the calendar year current at the time of issuance of such license, and shall expire on the 31st day of December next succeeding the date of issue.
(2) Where an applicant commences the operation of any vehicle for hire within the City after July 31st in any calendar year, the license fee shall be the fee to transfer the license or one half of the applicable fee shown in Schedule "A" of this By-law, whichever is greater.
Suspension or revocation of license
9. (1) A license issued under this By-law shall be deemed to be suspended if the vehicle in respect of which the license has been issued fails to pass a safety inspection under the provisions of the Motor Vehicle Act and the license thereof shall remain suspended until the vehicle has been reinspected and approved pursuant to the provisions of that Act.
(2) A license issued under this By-law shall be deemed to be suspended if the license holder does not hold a valid policy of insurance as required by clause (d) of section 7(3) of this By-law.
(3) Any person who, for monetary consideration, employs his or her vehicle for hire for purposes other than for which he or she is licensed shall be subject to the suspension or revocation of the license at the discretion of the Council.
(4) It is an express condition of the granting of any license that the licensee shall observe all by-laws of the City, and noncompliance with any of the provisions of such by-laws shall be deemed to be a breach of the conditions under which the license was granted, and shall render such license subject to suspension or revocation at the discretion of the Council.
(5) While a license is suspended pursuant to this section it shall, for the purposes of section 7(1), be deemed to be neither valid nor subsisting.
Appeal of suspension
10. (1) Any person whose license has been suspended by the Inspector may appeal such suspension in accordance with provisions set out hereunder.
(2) A person whose license has been suspended by the Inspector and who proposes to appeal such suspension to Council shall, within 10 days from the date of suspension, give to the City Clerk a notice in writing of intention to appeal the suspension.
(3) The notice of intention to appeal shall state in a concise fashion the grounds upon which the appeal is based.
(4) The City Clerk shall thereupon refer the matter to Council in order to appoint a time and place for the hearing of the Appeal.
Transfer of license
11. (1) Any person desiring to obtain a transfer of any license, or interest in any license, issued pursuant to this By-law and held by any other person, shall make an application the same as that required to obtain a license under this By-law; and the powers, conditions, requirements and procedures relating to the granting and refusal of the licenses and appeals thereon shall apply.
(2) No person who purchases all or part of the interest of any person licensed pursuant to this By-law shall carry on or continue the business, trade, profession or other occupation so purchased without first having obtained either a transfer of the license or a new license.
(3) No license shall be transferred from one person to another more than once during any calendar year.
(4) Where any license is transferred, the applicant shall pay a fee of $100.00.
Numbered plate
12. (1) The Inspector shall furnish to each person taking out a license with respect to the operation of a vehicle for hire, except a U-Drive, a numbered plate for each such vehicle kept and used by that person. Such plate shall remain the property of the City and on the expiration, revocation or suspension of the license corresponding or represented thereby, such person shall forthwith return such plate to the Inspector.
(2) Every person to whom a plate has been furnished pursuant to this section shall keep such plate on each such vehicle for hire in a place designated by the Inspector.
(3) It shall be unlawful for any person so licensed to use or exhibit on any vehicle for hire any City plate other than the plates set out in the license.
(4) Where a vehicle for hire plate furnished pursuant to this section has become lost, mutilated or destroyed the Inspector may, upon receipt of written proof satisfactory to the Inspector setting out such loss, mutilation or destruction, issue a replacement plate upon payment of a fee of $20.00.
Valid decal
13. (1) No driver of a taxicab or a limousine shall pick up, take on or carry any passenger unless the vehicle displays a valid decal indicating that the vehicle has passed a safety inspection under the provisions of the Motor Vehicle Act.
Limousine hires
14. (1) A person who owns or operates a limousine hire business must, in that business, own or operate at least one stretch limousine licensed under this By-law and maintain a ratio of no more than:
(a) two sedan limousines;
(b) two sport utility limousines; or
(c) one sedan limousine and one sport utility limousine;
for each stretch limousine licensed under this By-law.
(2) A motor vehicle in respect of which an applicant applies for a license to use it as a sedan limousine or a sport utility limousine must not, as at the license application date, be more than two years old calculated from the year of its manufacture.
(3) An owner or operator of a motor vehicle must not use it as a sedan limousine or sport utility limousine for more than seven years calculated from the year of its manufacture.
(4) A motor vehicle in respect of which an applicant applies for a license to use it as a stretch limousine must not, as at the license application date, be more than five years old calculated from the year of its manufacture.
(5) An owner or operator of a motor vehicle must not use it as a stretch limousine for more than five years calculated from the year of its manufacture, except that the Inspector may license an owner or operator of a stretch limousine each year, from the sixth year to the ninth year calculated from the year of its manufacture, if, based on annual inspections, the exterior appearance and condition of the interior finishing of the stretch limousine are satisfactory to the Inspector.
(6) The Inspector must not issue a license to a person to operate, and a person must not operate, an antique limousine unless it is capable of maintaining a minimum speed of 40 km per hour.
(7) A person who owns or operates a limousine must:
(a) within 24 hours after the date of hiring or engaging a driver, report to the Chief Constable the number and date of that driver=s license to operate a limousine and chauffeur=s permit; and
(b) during the period of the driver=s employment or engagement, keep a written record of such license and permit.
(8) A person who owns or operates a limousine must within 24 hours after the British Columbia Passenger Transportation Board has approved tariff rates, file the approved rates with the Inspector.
(9) A person who owns, operates, or drives a limousine must charge fees to passengers only at the tariff rates approved by the British Columbia Passenger Transportation Board.
(10) A person who owns, operates, or drives a limousine must not use or publish, or suffer or permit to be used or published, any signs or other advertising material indicating, expressly or impliedly, that the tariffs or fees for use of the limousine will be lower than the tariffs and fees that person may charge under this By-law or as approved by the British Columbia Passenger Transportation Board.
(11) A person who drives a limousine must:
(a) keep a daily log of all calls serviced which must include the client=s name and the date, time, and location of pick-up; and
(b) produce such record at any time for inspection on demand by the Chief Constable or Inspector.
(12) A person who owns, operates, or drives a limousine must not:
(a) advertise or hold the limousine out to the public as being available to the public for hire without prior booking;
(b) occupy any designated taxi stands in the City or respond to hails from the street or other forms of on-demand requests for service;
(c) cruise, hover, or stand in front of any theatre, hall, hotel, cruise ship terminal, railway, ferry or transit station, or other place of public gathering unless that person can produce for inspection on demand by the Chief Constable or Inspector proof of a confirmed prior booking including the customer=s name, address, telephone number, and trip destination; or
(d) keep a taximeter inside the limousine or a top light on the roof of the limousine.
(13) A person must not drive a limousine unless that person is dressed professionally and neatly according to limousine industry standards.
(14) Every owner and driver of a limousine must comply with section 6 which regulates chauffeur's permits.
Courier bicycles
15. (1) No license shall be issued to a person to operate a courier bicycle until that person has successfully completed a written examination and a practical examination approved by the Inspector, and has paid an examination fee of $26.00.
(2) The Inspector shall furnish a numbered plate to every person qualifying for a license to operate a courier bicycle, which plate shall be attached to the bicycle operated by such person at the rear of the seat so that it is in a vertical position and is clearly visible from behind the bicycle. Such plate is non-transferrable and remains the property of the City, and shall be surrendered to the Inspector on the expiration, revocation or suspension of the license corresponding to it.
(3) Every person licensed pursuant to this section shall at all times while operating a courier bicycle carry on his or her person an identification card displaying his or her photograph and showing his or her full name, address and date of birth.
(4) A police officer may arrest without warrant any person operating a courier bicycle whom the officer finds committing a breach of this by-law if such person fails to stop and produce his or her identification card or state his or her proper name and address when so requested by the police officer.
(5) No person shall:
(a) deface or alter a number plate issued pursuant to this section; or
(b) display a numbered plate issued pursuant to this section that has been defaced or altered.
Driver instruction vehicles
16. (1) No license shall be issued in respect of a driver instruction vehicle unless the vehicle conforms to the requirements imposed by this By-law with respect to the vehicle and to the operational equipment required for the purpose of giving driver instruction.
(2) No person shall use or operate any driver instruction vehicle unless the vehicle:
(a) while in use is plainly marked with a sign on the rear bearing the warning: "Student Driver";
(b) while in use is occupied only by the instructor and the pupil or, in the case of a high school or other group or organization receiving instruction, 3 additional students as passengers;
(c) is used only for the purpose of driver instruction or driver testing.
(3) No person shall carry on the business of teaching or instructing in the driving of a motor vehicle unless he or she uses for that purpose a driver instruction vehicle conforming to the requirements set out in subsections (1) and (2) of this section.
(4) A person must not apply for a license to operate a driver instruction vehicle, and must not carry on the business of motor vehicle driver instruction, unless that person:
(a) keeps and uses premises in a zoning district which permits that type of business under the Zoning and Development By-law and maintains in those premises a waiting room and wash rooms suitable for the use of students, or complies with subsection (5) of this section; and
(b) has filed with the Inspector a syllabus of the motor vehicle driver instruction course that person intends to use, and uses that syllabus in the business.@
(5) A person may keep and use premises for the business of motor vehicle driver instruction in a residential dwelling unit but only if that person:
(a) and those premises comply with the Zoning and Development By-law including, without limitation, section 12.6;
(b) licenses only one driver instruction vehicle under this By-law for use in that business, and uses only that motor vehicle in the business;
(c) does not permit any students or employees of the business to attend at the premises; and
(d) is the only person carrying on the business at the premises.@
Funeral cabs
17. No motor vehicle licensed under this By-law as a funeral cab shall be used for the conveyance of passengers for hire except as incidental to a funeral.
Handicapped cabs
18. (1) No license shall be issued in respect of a handicapped cab unless the vehicle is equipped with a hydraulic lift or ramp, or other equipment satisfactory to the Inspector, for loading and unloading persons confined to wheelchairs.
(2) No person shall transport persons in a handicapped cab unless at least one of the persons being transported is physically handicapped.
(3) No owner or driver of a handicapped cab shall solicit any person on any street.
Horse-drawn carriages
19. (1) No person shall operate a horse-drawn carriage
(a) from 2:01 a.m. to 9:29 a.m. and from 3:01 p.m. to 5:59 p.m. on any day;
(b) on any City street except as approved by the City Engineer; and
(c) without the capacity for the immediate removal of manure as soon as it is deposited on a street.
(2) No more than 16 horse-drawn carriages shall be licensed as such at any time.
Pedicabs
20. (1) A person must not operate a pedicab unless:
(a) that person does so on designated City streets approved by the City Engineer for use by pedicabs;
(b) the equipment forming part of, attached to, or carried on or within the pedicab includes heavy duty front and back brakes acceptable to the Inspector, front headlights, rear tail lights, rear flashing light (for night time operations), turn signal lights, reflectors on wheels and carriages, standard bell, rear mud flaps or similar protection, first aid kit, repair kit, rear bumper or similar protection, a six foot high flag pole, and a safety flag on the flag pole;
(c) the rear of the pedicab has a current Vehicle for Hire plate, issued under the authority of this By-law, affixed to it; and
(d) that person is carrying a current business license for the operation of the pedicab along with a current photo identification that includes the person=s name, address, and birth date.
(2) No more than 30 pedicabs shall be licensed as such at any time.
(3) An owner of a pedicab business must have each pedicab to be used in the business fully operational within 60 days after the date of issuance of the license for the pedicab.
Public buses
21. (1) No person shall use or operate any vehicle as a public bus.
(2) Notwithstanding anything contained in the License By-law, the Inspector shall not issue a license which would permit the operation of a public bus system.
School shuttle vans
22. (1) The total number of licenses for the operation of school shuttle vans that Council issues under this By-law, and the total number of school shuttle vans owned or operated in the City, at any one time must not exceed 10.
(2) A motor vehicle in respect of which an applicant applies for a license to use it as a school shuttle van must not, as at the license application date, be more than 2 years old calculated from the year of its manufacture.
(3) An owner or operator of a motor vehicle must not use it as school shuttle van for more than 5 years calculated from the year of its manufacture.
(4) A person must not drive a school shuttle van unless:
(a) the school shuttle van has attached to it a valid, current annual mechanical safety inspection decal issued by a designated Insurance Corporation of British Columbia certified inspection facility;
(b) lettering that is legible, at least 8 cm high, and painted or otherwise permanently affixed to both sides of the school shuttle van, in a position satisfactory to the Inspector, identifies it as a school shuttle van service and sets out the business name and telephone number of the van=s license holder and a number that uniquely identifies the school shuttle van;
(c) such lettering is clear, clean, and distinguishable at all times; and
(d) there is unrestricted vision through all windows of the school shuttle van, and the tinting on the windows is to factory specifications for the van.
(5) A person must not drive a school shuttle van unless that person wears:
(a) a neat and clean uniform that is identical to all other drivers in the same school shuttle van service; and
(b) outside the uniform, identification issued in the then current calendar year showing the person=s picture and bearing the person=s name and the name of the school shuttle van service for whom that person drives the school shuttle van.
(6) A person must not drive a school shuttle van except:
(a) for the exclusive purpose of transporting, between home and pre-school or school only, children from pre-schoolers to Grade 12 students;
(b) if the owner or operator of the school shuttle van contracts with a person for its hire before the motor vehicle=s arrival to pick up any passengers; and
(c) exclusively within the boundaries of the City of Vancouver.
(7) Every owner and driver of a school shuttle van must comply with section 6 which regulates chauffeur's permits.
Taxicabs
23. (1) The total number of taxicabs, excluding dual taxicabs, owned or operated by persons licensed pursuant to this By-law shall not exceed 418 except that commencing January 1, 1984, 10 additional taxicab licenses may be issued each year until the ratio of 1.2 taxicabs, excluding dual taxicabs, for each 1,000 of population of the City of Vancouver (as estimated by the City Clerk) is reached. The total number of dual taxicabs owned or operated by persons licensed pursuant to this By-law shall not, in any one year, exceed 59.
(2) Every person to whom a taxicab license has been granted shall keep an established place of business within the City of Vancouver and shall notify the Chief Constable and Inspector in writing of the address of the premises where such person keeps books and records of operation of the business, and such license shall be kept conspicuously posted up in such premises. Such person shall immediately notify the Chief Constable and the Inspector in writing of any change in such address, and no license shall be issued for the operation of a taxicab unless the applicant has a business telephone and is listed in the telephone directory under a trade name. The place of business herein referred to may be the business premises of anyone open during regular business hours.
(3) Any person having obtained a license with respect to the operation of a taxicab may obtain an additional license to display advertising material on such vehicle, and any such additional license shall be subject to the provisions of this By-law and the Street and Traffic By-law and the payment of an additional license fee as provided for in Schedule "A" of this By-law.
(4) An illuminated sign bearing the word "Taxi" or "Cab" and complying in all respects with the Regulations made pursuant to the Motor Vehicle Act shall be placed on the front of the taxicab, either outside above the windshield, or inside behind the windshield in a position satisfactory to the Inspector. Such sign shall be illuminated at all times when the taxicab is available for hire.
(4.1) No person shall drive or operate a taxicab unless there is painted on or otherwise permanently affixed to the vehicle
(a) a business name and the words "Taxi" or "Cab" in figures not less than 5 cm high which shall be placed on either the rear doors or front doors on each side of the taxicab,
(b) a number which uniquely identifies that taxicab in figures not less than 8 cm high which shall be placed on both sides of the taxicab near the front and on the rear of the taxicab in a position satisfactory to the Inspector, and
(c) the same number which is referred to in clause (b) which shall be placed on the inside of the vehicle in a prominent location that is visible to passengers in the back seat.
(4.2) All words and letters required by subsections (4) and (4.1) shall be kept clear, clean and distinguishable at all times.
(5) No trade name shall be used on any taxicab unless such trade name has first been approved by and recorded with the Inspector; and no licensed 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 tariff of fares and charges which owners or drivers of taxicabs are entitled to receive or charge under the provisions of this By-law.
(6) No motor vehicle shall be operated as a taxicab except by the registered owner thereof or by a driver employed by and directly responsible to such owner.
(7) Every owner granted a license to operate a taxicab shall, on the engagement of any driver, ascertain the number and date of the driver's license to operate a taxicab 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.
(8) No taxicab shall be equipped with blinds or other devices so as to prevent unrestricted vision through all windows.
(9) Every taxicab shall be equipped with an interior light, sufficient to illuminate the entire passenger compartment and at all times maintained in proper working order.
(10) Every holder of a license for operating a taxicab shall be available for hire for a period of not less than 10 hours in each 24 hours, and for not less than 6 days in each calendar week.
(11) Every person in charge of any taxicab shall:
(a) be neatly and properly dressed, neat and clean in person, and be civil and well-behaved;
(b) remain within 7 metres of the taxicab when the same is at a stand;
(c) keep the doors of such taxicabs closed when the same is at a stand waiting for passengers;
(d) not stand in such a manner so as to obstruct the free use of the sidewalk or make any loud noise or disturbance nor use obscene, impudent or abusive language, nor molest, annoy or insult the owners, occupiers, inmates or inhabitants of any building, house or residence, or any passenger, pedestrian or other person whatsoever;
(e) refrain from smoking at the request of any passenger.
(12) No driver of any taxicab shall seek employment by driving the taxicab to and fro upon any street, or by interfering with the proper and orderly access to or egress from, or by cruising or hovering in front of any theatre, hall, hotel, railway or ferry station, or other place of public gathering; provided, however, that the driver of a taxicab may accept passengers at any place of public gathering so long as the taxicab is lawfully parked in the vicinity of the place or building where such public gathering is taking place.
(13) Every driver of a taxicab shall proceed by the most direct travelled route to the point of destination, unless otherwise directed by the passenger.
(14) Every driver of a taxicab shall keep a daily record of all trips made by the driver. The record must contain the following information:
(a) the date, time, origin and destination of each trip, which shall be entered in the record as soon as practical after the completion of the trip;
(b) the driver's name and address;
(c) the Provincial license number of the taxicab;
(d) the speedometer reading at the start and finish of the driver's shift.
(15) Every driver of a taxicab shall, no later than 24 hours after completion of each shift, deposit in the business office of the owner of the taxicab the daily record required by subsection (14) that relates to that shift.
(16) Before accepting the daily trip record from the driver, the owner of a taxicab shall ensure that each trip is legibly and properly noted in the record.
(17) The records referred to in subsection (14) shall be kept by the owner of the taxicab at the owner's place of business for a period of 6 months, and during that time shall be produced for inspection at any time on demand by the Chief Constable or the Inspector.
(18) Every owner and driver of a taxicab, but not including a dual taxicab, shall accommodate the persons who desire the service of a taxicab in the order of their application, and if a taxicab is not available to give the desired service within a reasonable time, then the applicant shall be informed.
(19) No owner or driver of a taxicab, but not including a dual taxicab, shall refuse or neglect to convey any orderly person or persons upon request in the City unless previously engaged or unable or prohibited by the provisions of this By-law.
(20) No owner or driver of a taxicab shall convey any person or persons other than the person or persons first engaging the taxicab and the carrying of passengers for separate fares is prohibited.
(21) No person shall be licensed in respect of a taxicab or driver instruction cab if the year of its manufacture is more than 2 years prior to the year of application, except that the Inspector may approve a license in respect of an older vehicle, for a limited period of time, where the exterior appearance of the vehicle and the condition of its interior finishings are of a standard commensurate with its original construction.
(22) Every taxicab shall be equipped with a two-way radio which shall be maintained in good working order and capable of receiving and acknowledging calls for customer service.
(23) No person shall operate or drive a taxicab unless a current photograph of the driver identified by name is placed on the inside of the vehicle in a prominent location that is visible to passengers in the back seat.
(24) Every owner and driver of a taxicab must comply with section 6 which regulates chauffeur's permits.
Dual taxicabs
24. (1) Every dual taxicab:
(a) shall be a 4 door sedan vehicle described as a "G.S.M. taxicab" or of a similar type satisfactory to the Inspector;
(b) shall be equipped with a sufficiently high door and have sufficient ceiling height to permit easy access for elderly and handicapped persons;
(c) shall have posted on each side of the vehicle the International Symbol of Accessibility for Handicapped Persons.
(2) Every owner of a dual taxicab:
(a) shall place an advertisement in the Yellow Pages of the Vancouver Telephone Directory under the trade name under which the owner operates indicating that the vehicle is capable to serve handicapped and wheelchair passengers and that requests for service from these classes of persons shall receive priority over all other service requests;
(b) shall ensure that each driver of a dual taxicab, in addition to complying with section 23(14) of this By-law, records on a daily record every trip that involved the transporting of a handicapped person, stating in each case whether such person was confined to a wheelchair;
(c) shall ensure that each driver of a dual taxicab is physically capable of assisting in the loading and unloading of persons confined to wheelchairs;
(d) shall ensure that every dual taxicab contains facilities for securing a passenger in a wheelchair and the wheelchair to the floor of the vehicle;
(e) shall at all times carry liability insurance in the amount of $1,000,000 that insures all drivers of such dual taxicabs against all loss, damage, and claims arising out of or in connection with the loading or transporting of handicapped persons.
(3) Every owner and driver of a dual taxicab must comply with section 6 which regulates chauffeur's permits.
Taxicab fares
25. (1) Except as provided in subsection (12), no owner or driver of a taxicab shall charge, demand, collect or receive any fare or charge except as set out in the following tariff of fares, nor shall any owner or driver refund or remit in any way any portion of the fares so specified. No owner shall publish or use or permit to be published or used any rates or fares other than those authorized hereunder, whether such rates or fares are determined by taximeter or by time. No owner shall, either directly or indirectly, carry or permit to be carried without charge any passenger, unless the passenger is an officer, agent or employee of the owner or unless the ride is for a charitable purpose.
TARIFF OF FARES FOR TAXICABS
THAT the following rates apply to taxicab meter fares and time or distance fares in the City, respectively, (excluding GST):
POINT TO POINT ON METER:
For the first 71 meters or fraction thereof $ 2.44
For each additional 71 meters or fraction thereof 0.10
For each 14 seconds of stopping or waiting time 0.10
TIME OR DISTANCE:
For the first hour or fraction thereof $25.20
or for each 71 meters, whichever is greater 0.10
For each succeeding quarter hour or fraction thereof 6.30
or for each 71 meters, whichever is greater 0.10.
DISMISSAL FEE $ 2.00
ADDITIONAL PASSENGERS:
No charge shall be made for additional passengers.
FERRY AND TOLL CHARGES:
All ferry and toll charges applicable to the vehicle and its occupants shall be paid in addition to the regular taxicab tariff.
(2) Any person operating a taxicab may operate on a time or mileage basis at the request of a passenger at and for rates and charges specifically provided in this By-law in respect to time rates or fares for such vehicle.
(3) The owner and driver of every taxicab shall display therein a tariff card of the rates and charges for taxicabs as authorized by this By-law. Such tariff card shall be kept and displayed so as to face the passenger and in a place designated by the Inspector. No person shall remove such tariff card or mutilate, deface or otherwise dispose of same.
(4) No person shall drive or operate or engage in the business of operating a taxicab unless such taxicab is equipped with a taximeter which complies in every respect with the requirements hereinafter set out, is of a type approved by the Inspector and has been inspected and sealed by the Inspector pursuant to subsection (7).
(5) All taximeters shall mechanically or electronically register the distance and corresponding rate or charge thereof while under hire, and shall be kept in a condition ensuring accuracy and continuous registration during hire, and shall be so installed as to be automatically operated when the taxicab is in motion as well as when such vehicle is standing under hire.
(6) No person shall use or permit to be used in any taxicab a taximeter which shall register more than 2% (two percent) incorrectly.
(7) At the request of the Inspector, and in any event once every 6 months, every taximeter shall be submitted to the Inspector who shall inspect and test the meter over a measured distance. The Inspector shall seal the meter, in such manner as deemed advisable, if satisfied that it displays the correct tariff specified by this By-law, is accurate subject to subsection (6), and is otherwise in good working order.
(8) The operator of a taxicab shall ensure that its taximeter is:
(a) adequately illuminated at all times when in use between dusk and dawn;
(b) installed and placed at the right side of the driver and in such position that the fare to be paid by the passenger may be easily read from the rear seat, and shall be so placed in the cab that the face of the meter is in plain view both from within and without the cab;
(c) adjusted in accordance with the distance rates or fares specified in this By-law, including the provisions of subsection (12);
(d) used only when the seal thereon is intact; and
(e) kept in good working condition at all times, and not used when defective in any way.
(9) It shall be unlawful for any driver of a taxicab while carrying passengers or under engagement to indicate that the cab is not engaged or, when the cab is not engaged, to indicate that the cab is engaged.
(10) The driver of every taxicab shall place the meter in the hired mode immediately on the commencement of a trip with a passenger, and at the termination of such trip shall place the meter in the vacant mode, and shall call the attention of the passenger to the amount of the fare registered on the meter.
(11) Subsections (9) and (10) shall not be deemed to apply when a taxicab is being operated on a time or distance basis.
(12) Where an owner or driver of a taxicab is required to collect a tax imposed by a Government, such tax shall be included in the fare shown on the taximeter and may be demanded, collected or received in addition to any fare or charge demanded, collected or received pursuant to this section. A sign clearly indicating that the fare shown includes such tax shall be posted inside the taxicab in proximity to the tariff card referred to in subsection (3).
Tow trucks
26. (1) Every person to whom a tow truck license has been granted shall keep an established place of business within the City and shall notify the Chief Constable and the Inspector in writing of the address, or any change thereof, of the premises where such person keeps the books and records of the operation of his or her business.
(2) Every driver of a tow truck shall keep a daily record of all trips made by the driver, and the record must contain the following information:
(a) the reason for the tow;
(b) the date, time, origin and destination of the towing contract; and
(c) the name and address of the owner of the vehicle being towed.
All records shall be kept by the owner of the tow truck for a period of 6 months and shall be produced for inspection at any reasonable time on demand by the Chief Constable or the Inspector.
(3) Every driver of a tow truck shall, before towing any motor vehicle from the scene of an accident, supply to the owner or driver of the vehicle being towed a card which identifies the driver and the towing company by whom such driver is employed, except that where an owner or driver is injured or has been removed from the scene of an accident, such card shall be given to an attending police officer. The card shall be signed by the driver of the tow truck and shall state clearly the destination to which the motor vehicle will be towed.
(4) No driver of a tow truck shall deliver a vehicle to any destination other than the one stated on the card referred to in subsection (3) hereof.
(5) Every person who operates a tow truck and who impounds vehicles from private property shall provide staff for the purpose of releasing the vehicles to their owners on a 24 hour basis at the impound lot where such impounded vehicles are stored. Such impound lot shall be illuminated.
(6) No driver of any tow truck who has been requested to tow a vehicle from the scene of an accident shall solicit or suggest a specific destination for the motor vehicle being towed.
(7) No driver of a tow truck shall attend at the scene of a motor vehicle accident, whether by coincidence or otherwise, unless requested to do so by the owner or driver of the motor vehicle involved in that accident or by an attending police officer.
(8) No driver of a tow truck shall remove any vehicle from any parking lot or vacant land under any agreement with the owner, occupier or operator thereof as the case may be, unless at the time such agreement was made there was, and at the time such vehicle is towed away there is, an approved tow away sign conspicuously displayed on the said parking lot or vacant land.
(9) The owner of any tow truck operating in the City shall cause the name of the company or firm carrying on the business to be painted on each door of each such vehicle in letters not less than 10 centimeters high.
(10) No driver of a tow truck shall remove any motor vehicle from a commercial parking lot unless upon the specific instruction of the owner of such vehicle or unless there is displayed on the vehicle a Tow-away Notice issued pursuant to the provisions of section 10.5 of the License By-law.
(11) Where a vehicle is removed by the driver of a tow truck pursuant to a Tow-away Notice the driver shall, at the time of removal, endorse such time on the original and duplicate Notice and initial the same. The duplicate shall be left on the vehicle in a conspicuous place. Every original Notice shall be retained for a period of thirty days and be subject to inspection upon demand by the Inspector.
(12) The maximum fee that may be charged for removal of a vehicle from a commercial parking lot pursuant to a Tow-away Notice shall be $68.50.
(13) Where a tow truck has been requested to tow a vehicle pursuant to this section and the vehicle is claimed by the owner or driver before the vehicle has actually been towed away, the driver of the tow truck shall release the vehicle upon payment of a fee which shall not exceed $33.65.
(14) Where a vehicle has been impounded by a person to whom a tow truck license has been granted, such person shall:
(a) within 24 hours of the vehicle's arrival at the place of storage, give written notification to the Chief of Police of the fact of impoundment, the vehicle's full description and its license and vehicle identification numbers;
(b) if a vehicle remains unclaimed or uncollected for more than 1 (one) calendar day after impounding, send written notification to the registered owner thereof within the next 14 days if the vehicle is registered within British Columbia, or as expeditiously as possible if the vehicle is registered outside British Columbia;
(c) maintain a record of all impounded vehicles which remain unclaimed or uncollected for more than 14 days after impounding, including a full description of the vehicle and its license and vehicle identification numbers; and
(d) before the last day of every month, deliver a copy of the record referred to in Clause (c) to the Chief Constable.
(15) Where a vehicle has been impounded by a person to whom a tow truck license has been granted, such person shall store it so that both its license number (plate) and vehicle identification number are accessible and can be readily identified.
U-drives
27. (1) No person shall let for hire a u-drive to any other person, or allow any person to drive such vehicle, who is not in possession of a driver's license for the current year under the provisions of the Motor Vehicle Act.
(2) No owner shall knowingly let for hire a u-drive to any person apparently under the influence of liquor or drugs or who the owner has reason to suspect may use such vehicle for an unlawful purpose.
(3) No person shall use a u-drive for the transportation of property for hire or permit such vehicle to be used by any other person for such purpose.
(4) Every person who lets u-drives for hire shall keep a record book in which shall be recorded each hiring of such vehicle, and the record book shall be signed by every person hiring such vehicle, shall be open at all reasonable times to inspection by the Chief Constable or the Inspector and shall contain the following:
(a) description of motor vehicle, including its make, license number, and serial number;
(b) description of person renting motor vehicle, including the person's name, address, occupation, and driver's license number;
(c) time of engagement:
Out: [Date, hour (a.m. or p.m.)]
In: [Date, hour (a.m. or p.m.)]
(5) No u-drive shall be let for hire until the person hiring the vehicle has produced a subsisting driver's license under the Motor Vehicle Act, and until the owner or other person in charge of the u-drive office has compared the signature on such license with the signature in the record and is satisfied that they were written by the same person.
(6) The regulations of this section 27 shall also apply, mutatis mutandis, to u-drive trucks, except that a person ordinarily engaged in the business of transporting property for hire may use a u-drive truck to transport such property for hire in his or her business.
Vehicles for hire
28. (1) The interior and exterior of every vehicle for hire shall be kept clean and in good repair, and whenever the owner of any vehicle for hire receives notice, either given to the owner personally or to a driver of the vehicle, signed by the Inspector, that such vehicle for hire is not in a fit or proper condition for use, stating briefly the condition complained of, such owner shall forthwith cease to use such vehicle or, within the time mentioned in such notice, shall remedy the condition complained of.
(2) No person shall carry in any vehicle for hire a greater number of passengers than the seating capacity for the vehicle or the number of passengers such vehicle is designed to seat, whichever is the lesser.
(3) No person owning or operating any vehicle for hire shall load, carry or transport any baggage on the outside of the vehicle, except in properly constructed racks for that purpose.
(4) The owner of any vehicle for hire in respect of which a license has been issued shall, when required, forthwith submit the vehicle for examination to the Inspector, and no owner or driver shall at any time prevent or hinder the Inspector from entering the owner's garage or other building for the purpose of inspecting such vehicle.
(5) Where an owner of a vehicle for hire disposes of it and acquires another vehicle for hire, such owner shall submit the replacement vehicle to the Inspector for approval in conformity with the provisions of this By-law before using the vehicle for the purpose of the business.
(6) No owner of any vehicle for hire shall employ, engage or permit any person to operate the vehicle unless that person holds a subsisting taxi driver's license in the case of taxicabs, or in the case of any other vehicle for hire holds a subsisting driver's license of the type required by the Motor Vehicle Act or its regulations for the operation of that vehicle.
(7) Every owner of a vehicle for hire shall, on the engagement of a driver, ascertain the number and date of the driver's license to operate a vehicle, 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.
(8) Owners of vehicles for hire who employ both male and female drivers shall arrange suitable and separate washroom accommodation for each sex.
(9) Within 2 days of the engagement of a driver, every owner of a vehicle for hire shall notify the Chief Constable that the driver has been employed, and when such driver ceases to be so employed, the owner shall, within 2 days thereafter, notify the Chief Constable to such effect, giving the reasons for such cessation of employment.
(10) Every owner and driver of a vehicle for hire shall at all times obey the lawful orders and directions of the Chief Constable and the Inspector.
(11) No owner of a vehicle for hire who drives his or her own vehicle shall spend more hours in any one day in operating the vehicle than the maximum hours of work for an employee as set out in the Employment Standards Act of the Province of British Columbia. For the purpose of this subsection "day" means the period of time from midnight to the following midnight.
(12) Each owner referred to in subsection (11) of this section shall keep a true and correct record in ink or indelible pencil in the English language of the hours worked each day in personally operating the vehicle. Such records shall be produced for inspection of the Chief Constable at all reasonable times on demand of the Chief Constable.
(13) Every person to whom a license has been granted shall, at all reasonable times, permit the Chief Constable, Inspector, or any other police officer or official of the City to inspect any place, premises or thing in respect of which such license has been granted.
(14) Every person licensed under this By-law to operate a vehicle for hire shall, upon changing address or establishing additional premises, so notify the Chief Constable and the Inspector within 2 days by providing the new or additional address and such other particulars as the Chief Constable or the Inspector may require. Every person holding a chauffeur's permit issued by the Chief Constable shall, upon changing his or her home address, so notify the Chief Constable within 2 days, giving the new address and such other particulars as the Chief Constable may require.
(15) No person owning or operating a vehicle for hire shall employ or allow a runner or other person to, on a street, assist or act in concert with such owner or operator in soliciting any person.
(16) No person shall assist or act in concert with the owner or operator of a vehicle for hire on any street in soliciting any person.
(17) Every owner and driver of any vehicle for hire shall take due care of all property delivered or entrusted to him or her for conveyance and immediately upon the termination of any hiring or engagement, shall carefully search the vehicle for any property lost or left therein; and all property and money left in the vehicle for hire shall be forthwith delivered over to the person owning the same or, if unclaimed or if the owner cannot at once be found, the same shall be delivered to the Chief Constable, with all information which might assist in establishing ownership of such property.
Effect of non-compliance
29. Non-compliance with any of the provisions of this or any other By-law applicable to a license or failure to maintain the standard of qualification for the issue of a license as herein provided shall be deemed to be an infraction of this By-law and shall render a license holder liable to the penalties hereby imposed, or to suspension or cancellation of the license.
False statements
30. Every person who makes any false statement in any application for a license under the provisions of this By-law shall be guilty of an offence against this By-law.
Infractions
31. Every person who offends against any of the provisions of this By-law, or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this By-law, or who neglects to do, or refrains from doing anything required to be done by any of the provisions of this By-law, or who does any act or thing which violates any of the provisions of this By-law, shall be deemed to be guilty of an infraction of this By-law, and shall be liable to the penalties hereby imposed.
Fines and penalties
32. (1) Every person who commits an offence against this By-law is liable to a fine and penalty of not more than $2,000.00 and not less than $100.00 for each offence.
(2) Every person who commits an offence of a continuing nature is liable to a fine not exceeding $50.00 for each day such offence is continued.
Repeal
33. By-law No. 4299 is repealed.
Force and effect
34. This By-law comes into force and takes effect on the date of its passing.
DONE AND PASSED in open Council this 25th day of November, 1986.
(signed) Michael Harcourt
Mayor
(signed) R. Henry
City Clerk
SCHEDULE A
A classification of carriers and respective license fees payable by such person.
The following license fees are payable by every person owning or operating any of the following vehicles for hire in the City of Vancouver:
Airport Shuttle Bus, for each vehicle $ 60.00
Airport Transporter, for each vehicle 128.00
Antique Limousine, for each vehicle 162.00
Charter Bus, for each vehicle 128.00
Charter Van, for each vehicle 128.00
Courier Bicycle, for each vehicle 15.00
Driver Instruction Vehicle, for each vehicle 128.00
Dual Taxicab, for each vehicle 321.00
Funeral Cab, for each vehicle 128.00
Handicapped Cab, for each vehicle 128.00
Horse-Drawn Carriage, for each vehicle 424.00
Luxury Limousine, for each vehicle 162.00
Motor Stage, for each vehicle 128.00
Pedicab, for each vehicle 128.00
For each person operating a leased
vehicle on a daily fee basis 11.00
School Cab, for each vehicle 128.00
School Shuttle Van, for each vehicle 128.00
Sedan Limousine, for each vehicle 162.00
Sport Utility Limousine, for each vehicle 162.00
Stretch Limousine, for each vehicle 162.00
Taxicab, for each vehicle 321.00
if used also for displaying advertising material,
for each vehicle so used, additional fee 26.00
Tow Truck, for each vehicle 128.00
U-Drive, for each vehicle with 4 or more wheels 35.00
for each other vehicle 12.00
Unless otherwise provided herein, the license fee to operate a vehicle licensed for one purpose shall be $57.00 for each additional purpose authorized by this By-law.
Administrative costs not in Schedule A:
Cost of Transfer of License 103.00
Cost of Bicycle Courier Testing 27.00
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