June 22, 1999

To:Planning and Transportation Committee

From:Commissioner, Urban Planning and Development Services

Subject:Amendments to the Licensing By-law: Ambassador Class Cabs

Purpose:

This report arises from the approved recommendations of the Task Force to Review the Taxi Industry and responds to Council's request for a report on the necessary amendments to the by-law to change the purpose of the current drivers' list and owners' list to a mechanism to determine who has access to the advanced Ambassador class training for the purposes of obtaining a licence. Amendments to the Licensing By-law to implement this change are recommended.

Funding Sources, Financial Implications and Impact Statement:

The administration of the cab drivers' waiting list for the purposes of issuing ambassador licences can be accomplished within existing resources.

Recommendations:

It is recommended that:

(1)the sections in this report on the access to ambassador training and plate issue, registration for drivers from the waiting list, and designated ambassador cabs, be received for information;

(2)the Licensing By-law be amended to repeal the provisions relating to the owners' list;

(3)"Deferral" of ambassador cab training be defined, as outlined in this report;

(4)Applicants for a new issue of an ambassador cab be required to begin operation of the ambassador cab within 90 days of completing the advanced ambassador training course. Applicants who are unable to begin operation within 90 days due to illness, injury or pregnancy be allowed to request a hearing before the Tribunal;

(5)Holders of taxicab owners' licences, who do not drive and wish to convert to an ambassador cab designation, be required to complete the 16-day introductory driver training course before they can apply for the advanced ambassador training course;

(6)Applicants for designated ambassador cabs be required to retake the advanced ambassador class training if they have not begun operation of the designated ambassador cab within three years of completing the course; and,

(7)the appropriate city officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

At the Council meeting on November 25, 26 and 27, 1998, recommendations of the Task Force to Review the Taxicab Industry contained in Clause No. 1 of Report No. 13 of the Emergency and Protective Services Committee were adopted, as amended. Among these is the requirement that:

"Toronto Licensing, in consultation with the City Solicitor, report to [Committee] on the necessary amendment to the By-law to change the purpose of the current drivers' list and owners' list to a mechanism to determine who has access to the advanced Ambassador class training for the purposes of obtaining a licence."

This recommendation is the subject of this report.

Additional recommendations which were previously approved are discussed as they apply to implementing this reform. These include the creation of an Ambassador Taxicab licence class and an advanced Ambassador training course. Specifically, these approved recommendations are that:

I. Ambassador Taxicab licences be issued to persons who successfully complete the Advanced Taxi training course;

II. Staff work with community colleges to establish a flexible time, comprehensive taxi driver education and advanced ambassador class training program;

III. This training program be implemented for 1999;

IV. All new recipients of City-issued licences be required to have completed the aforementioned training program;

V. Access to the advanced ambassador class training program to enhance the skills and quality of drivers and also for the purpose of obtaining an Ambassador Taxicab licence, should be granted to persons on the drivers' list;

VI. When an individual's name reaches the top of the list, they may:

elect to take the training; or,

defer their training under the following provisions:

A. Each individual only may defer twice,

B. Each individual must notify Licensing that they elect to defer training to the next available year or to the bottom of the list;

VII. Drivers from the current list who take the course and do not pass, be given one opportunity to add their name to the bottom of the list and retake the training program; and,

VIII. A currently operating taxicab may be converted and become a designated ambassador class taxicab. The licence holder must successfully complete the advanced ambassador taxi training course before receiving the ambassador cab designation.

Comments and/or Discussion and/or Justification:

Timing of By-law Amendments

Council has directed that the advanced ambassador cab training program be implemented for 1999. To meet this deadline amendments to create the ambassador class of cabs should be in place by July, before the start of the first Ambassador training course in September. This will provide potential Ambassador cab licensees the time to assess their options to take the course and operate an ambassador cab. Also, participants will need the time to make appropriate arrangements to attend the course in the fall and begin operating an ambassador cab as early as December.

Access to Advanced Ambassador Class Training and New Ambassador Cab Plate Issues

The Council-approved reforms require that all new cab owner's licences be ambassador cabs and that these new licences be issued only to drivers on the drivers' waiting list. The criteria for a driver to be placed and remain on the Drivers' List will continue as currently stipulated in the By-law.

Registration for Drivers from the Waiting List

Council approved that ambassador taxicab licences shall be issued only to persons from the Drivers' List who have successfully completed the advanced ambassador taxi training course. To implement this, the order for registering for the receipt of an Ambassador licence and enrolling in the training course will be determined by the seniority of the drivers' waiting list. Applicants will not be permitted to register or participate in Ambassador Taxi training in advance of notification. However, individuals may audit the training program through arrangements with the community college responsible for the delivery of the program.

An applicant whose name heads the drivers' list will be mailed a pre-registration form, and notified of their eligibility for an Ambassador Taxi licence and the time of the next available Ambassador Taxi Training Course. Applicants will be asked to indicate their intentions within thirty days of receiving notice. They may elect to: register for the next available course; defer the training for twelve months; or, not participate in the ambassador program. Applicants electing to register for the course apply in person to complete the required application process and enrol in the next available advanced ambassador cab training course. As part of the application process, each applicant will be investigated to ensure they meet the requirements of the by-law.

Designated Ambassador Cabs

Council approved that the currently operating standard cabs be allowed to convert their operation to "designated ambassador class cabs". One of the conditions for conversion is that the licence holder successfully complete the advanced ambassador taxi training course. Holders of cab owners' licences who wish to convert to an ambassador designation will be enrolled in the advanced ambassador training course in the order their applications are received in the office. As part of the application process, each applicant will be investigated to ensure they meet the by-law requirements. Upon successful completion of the ambassador taxi training and fulfillment of all other licence requirements, a designated ambassador taxicab licence will be issued and the previous licence will be cancelled.

RECOMMENDATIONS Nos. (2) to (6)

Owners' Waiting List: Recommendation No. (2)

The current drivers' and owners' waiting lists are in place to provide a mechanism for distributing new cab owners' licences. Under the Council-approved reforms the purposes of these lists changes. As described above, the reforms require that all new cab owners' licences be issued only to drivers on the drivers' waiting list. Therefore, it is recommended that the by-law be amended to reflect this change by repealing the provisions relating to the owners' list.

Deferral of Training: Recommendation No. (3)

As approved by Council, each applicant may defer ambassador training twice. An applicant who fails to attend advanced ambassador taxi training after two deferrals shall be repositioned to the bottom of the list or may choose to be removed from the list. An applicant shall retain his/her current position on the list upon deferring. Training will be offered to the next applicant on the waiting list. To provide guidelines for staff and applicants, it is recommended that deferral be defined to include the following:

I.An applicant who elects to defer ambassador training and informs MLS on the pre-registration form;

II.An applicant who fails to notify MLS of his/her intentions to register for the ambassador training after receiving the pre-registration notice;

III.An applicant who registers for an issuance of an ambassador cab licence and fails to register with the college for the training course; and,

IV.An applicant who registers for the training, enrols with the designated college, and fails to attend the required number of training hours, as established by the college and MLS.

A by-law amendment reflecting these definitions is recommended.

90 Days to Operate a Cab after Completing the Course/Tribunal Hearing: Recommendation No.(4)

Staff recommends that applicants register in the training and begin operation of the ambassador cab within 90 days of completing the course. This would provide applicants at least seven months after receiving initial notification of eligibility to make appropriate business arrangements. Drivers who anticipate that they will not be able to operate within this time period are able to defer the staff of training as described above. It is also recommended that an applicant who is unable to fulfil this 90-day requirement shall have his/her name automatically repositioned to the bottom of the waiting list or the applicant may choose to be removed from the list. It is further recommended that in the event an applicant is unable to fulfil the 90-day requirement due to illness, injury or pregnancy, prior to the expiry of the 90-day period the applicant may request a Tribunal hearing for an extension. In the event the Tribunal decides not to grant an extension the applicant would be repositioned to the bottom of the waiting list.

Training for Owners Who Do Not Drive and Are Converting to Ambassador Cab Designation: Recommendation No. (5)

As discussed above, Council approved that the currently operating cabs be allowed to convert their operation to 'designated ambassador class cabs'. One of the conditions for conversion is that the licence holder successfully complete the advanced ambassador taxi training course. It is recommended that, since applicants who elect to adopt an ambassador cab designation are required to drive their vehicle, the holder of cab owners' licences who do not drive be required to complete the 16-day introductory driver training course, before they can apply for the advanced ambassador training course. The advanced ambassador training program is designed for the experienced cab driver. The course builds on the knowledge and skill developed through earlier training and work experience. Holders of owners' licences who do not drive will lack this knowledge and skill. The 16-day introductory course will be required to develop this knowledge and skill.

Recognizing Earlier Training: Recommendation No. (6)

A limit on the number of years the training would be recognized is recommended. As much of the training will be hands-on, it will be lost unless it is practised regularly. In keeping with the current by-law provisions in section 3.1 of Schedule 8, it is recommended that licensees be required to retake the training if they have not begun operating a designated ambassador cab within three years of completing the course.

Conclusions:

This report has been prepared in consultation with the City Solicitor.

The report puts forward and seeks approval for adoption of the proposed by-law amendments to change the purpose of the current waiting lists for a taxicab owners' licence to a mechanism to determine who has access to the advanced ambassador class training for the purpose of obtaining a licence.

Contact Name:

Bruce Robertson, Director

Taxi Industry Unit

Municipal Licensing and Standards

392-3070

Reviewed by:

James RidgeVIRGINIA M. WEST

Executive DirectorCommissioner

Municipal Licensing and StandardsUrban Planning and Development Services