Amendments to By-law No. 20-85 - Passenger Bill of Rights,

Taxicab Meters, Limit to Hours of Work,

and Owner Attendance at Inspections

The Emergency and Protective Services Committee recommends the adoption of the following report (March 5, 1999) from the Commissioner of Urban Planning and Development Services, subject to:

(a)amending Recommendation No. (3) to provide that radio communication with dispatchers and cell phones be excluded from the silent ride provisions under the proposed amendment to Section 45 of Schedule 8 to By-law No. 20-85;

(b)amending Recommendation No. (5) to read as follows:

(5)with regard to the limits to the hours of work for drivers, the Licensing By-law be further amended to require that effective immediately shifts be limited to a maximum of twelve hours in a twenty-four hour period, and that Section 99 of Schedule 8 to By-law No. 20-85 be amended accordingly; and

(c)deleting from the draft bill part (d) of Section 18.1(1) of Schedule 8 to By-law No. 20-85 which refers to the issue of a tip:

Purpose:

This report puts forward and seeks approval for recommendations to amend the Licensing By-lawNo. 20-85. These amendments are required to clarify and provide details to a number of the recommendations from the Task Force to Review the Taxi Industry. These changes to the regulations will allow staff to implement the recommendations pertaining to the Passenger Bill of Rights, a new meter requirement, and owner attendance at inspections.

In addition, this report is submitted to meet Council's request for reports on: a limit on the hours of work of drivers; and a mechanism to ensure compliance with one of the recommended conditions for standard licences - owner attendance at inspections. Corresponding recommendations for By-law amendments are presented.

Funding Sources, Financial Implications and Impact Statement:

There are no significant cost implications for Municipal Licensing and Standards in adopting the amendments to the Licensing By-law sought in this report. Minor adjustments in the allocation of staff time will be required and costs in the production of the Passenger Bill of Rights will be incurred.

Recommendations:

It is recommended that:

(1)the draft bill which amends the Licensing By-law be adopted. The draft bill is attached as Appendix A. This bill implements the recommendations of Council for the Passenger Bill of Rights, a new meter requirement, and owner attendance at inspections, and amends the Licensing By-law to enact the recommendations below;

(2)the Bill of Rights be amended to state that drivers may not recommend hotel accommodation or restaurants unless requested by the passenger; and, if the meter is not in a recording position, the ride is free;

(3)with regard to the Bill of Rights and requiring a silent ride for passengers, the Licensing By-law be further amended to require that, effective September 1, 1999, cell phones are included in the list of devices that should be turned off at the passenger's request;

(4)with regard to enforcing the requirement that owners attend the tri-annual vehicle inspections, effective immediately, the Licensing By-law be further amended to give staff the authority to remove the taxicab owner's licence plate for non-attendance;

(5)with regard to the limits to the hours of work for drivers, the Licensing By-law be further amended to require that effective immediately:

(a)drivers be prohibited from working double shifts;

(b)owners be prohibited from employing drivers for double shifts or more than sixty hours a week; and

(6)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, the recommendations of the Task Force to Review the Taxicab Industry were adopted. Among these are requirements for: a Taxicab Passenger Bill of Rights; a new meter that issues receipts and monitors drivers' income; the introduction of a customer service number; a limit to a driver's hours of work; and holders of cab owners' licences to attend during the inspection of their vehicles.

Council adopted the motion that all taxicabs must display a new Taxicab Passenger Bill of Rights that informs passengers of their right to a professional driver and a quality taxicab. Of the requirements relating to the professional driver and the vehicle quality, amendments are required to establish the new regulations for a silent ride, a vehicle that is air-conditioned or heated on demand, and a vehicle that is equipped with a meter that issues receipts noting the date and time of the trip, distance, taxicab licence number, and the fare charged.

In other motions, Toronto Licensing was directed to adopt the easily remembered customer service number 1-877-TO-TAXIS. Staff were directed to report on possible by-law amendments to limit the number of hours that taxicab drivers can drive a cab to a maximum of 60 hours over seven consecutive days and also to require taxicab drivers to maintain a daily log, documenting hours worked, that must be provided to Licensing for review upon request. In addition, Council approved the recommendation that all Standard Licence owners must participate in the industry by personally attending all three annually-scheduled inspections.

Comments and/or Discussion and/or Justification:

Bill of Rights:

Several By-law amendments are required to implement the Passenger Bill of Rights. These are appended as section 7 of the draft bill. Also attached, for your information, is a draft of the sign for the Passenger Bill of Rights. The following discusses amendments for the addition of established passenger rights to the New Bill of Passenger Rights, and adding cell phones to the list of devices that will be turned off when a passenger requests a silent ride, attached as section 12 of the draft bill.

September Introduction:

The introduction of the Passenger Bill of Rights is scheduled for September 1, 1999. This date will coincide with the start of the fall inspections. It is anticipated that by that date the new meters will be ready and installed in the vehicles. During this inspection period, vehicles will be inspected to ensure air conditioning and heating systems and the new meters are installed and meet the new standards. Owners will be given the Passenger Bill of Rights sign once they have completed the inspection. Also, by this time, the new Taxi/Wheels unit will be able to handle the anticipated large volume of calls from 1-877-TO-TAXIS number.

Additional Rights:

The Task Force recommendations for the Passenger Bill of Rights did not include one section of the By-law pertaining to passenger rights that are in place, that is Section 18(1)(f), which reads:

"18(1)(f). Every owner shall for each taxicab for which he holds a licence provide and maintain therein and thereon while such vehicle is operated as a cab the following equipment and markings:

a sign permanently and securely affixed in the cab, approved by the Commission, and containing the following information;

(i)Drivers may not recommend hotel accommodation or restaurants unless requested by the passenger.

(ii)If the meter is not in a recording position the ride is free."

As these are currently posted in taxicabs, it is recommended that these be included with the other rights listed on the new Passenger Bill of Rights.

Cell Phones:

Section 45 of Schedule 8 currently allows a passenger to request a silent ride. The section requires a driver to turn off sound-producing devices at a passenger's request. It does not prohibit the use of any device in an emergency situation. Section 45 reads:

"45.Notwithstanding section 56 of this Schedule, every driver and every owner driving his own taxicab shall turn off any radio, two-way radio, tape player or any other sound-producing mechanical device in his taxicab upon being requested so to do by any passenger, and having done so pursuant to such a request shall leave such device or devices in the off position until that passenger's trip has been completed."

It is recommended that cell phones be included in the list of devices a driver may be asked to turn off. This could be effected by inserting the word "telephone" in front of the word "radio".

Meters:

The By-law amendments for the new meters are attached as sections 8 and 9 of the draft bill. Section11 of the draft bill is an amendment that allows the Commissioner or his or her designate to approve the new meters.

Council's intent to equip taxicabs, by September 1999, with meters that have the capability to issue receipts and provide income data is feasible. Preliminary investigations reveal that the technology exists to have the meters perform those functions and possibly eliminate the need for the driver to manually keep a trip record. Two printing meters currently in use in Canada have been identified. These would need to be reprogrammed to provide the pertinent data.

In an effort to reduce the costs to the industry, discussions with the suppliers of meters have included issues such as remodelling currently used meters, trade-in allowances, warranties and monthly leasing options. Known suppliers in North America and Europe have been contacted; currently there is only one known supplier who can provide and install such printing meters in Toronto.

An electronic swipe card for drivers is an optional feature of the new meters that could serve a number of useful purposes and is a feature staff is investigating. A swipe card reader appears to be needed for the use of credit cards and smart cards. Credit and smart cards would meet public demand and benefit the industry. As a safety feature, they limit the driver's cash on hand to avert possible robbery. Also, the swipe card option is necessary to electronically separate driver's shift data inside the meter for useful tracking of working hours. It is anticipated that the data can be electronically downloaded into a computer.

Although more information is required, it appears from discussions with the manufacturer that implementation is possible commencing with the September inspection cycle. A future report will address the use of data from meters to track drivers' income.

Limit on Driver's Hours of Work:

The proposed By-law amendment, sections 3-6 of the draft bill, has been drafted limiting the number of hours a driver can drive a taxicab to 60 hours maximum over seven consecutive days. In the interim, the taxicab driver's Daily Trip Record (Appendix A to the draft bill) has been amended by including a section for the driver to mark the precise time that his shift started and finished. This amendment provides a method of monitoring compliance as the existing by-law already requires that these Daily Trip Records be reviewed and kept by the owner for at least twelve months and shall be open to inspection by any authorized person. More efficient methods are being investigated with the electronic capabilities of the taximeters.

Double Shifts:

Staff is recommending, as an additional safety measure, that drivers be prohibited from working double shifts. One shift is typically twelve hours long. The attached amendment, section 3 of the draft bill, prohibits the driver from working double shifts, and prohibits an owner from employing a driver on a double shift.

Owners' Attendance at Inspections:

The By-law amendments for requiring that owners attend vehicle inspections, and for granting staff authority to remove the owner's plate if the attendance provisions are not met, are attached as section2 of the draft bill.

Exemptions:

The schedule for vehicle inspections is established by Licensing. Owners will be expected to attend at a predetermined time. As a matter of policy, owners will be permitted to reschedule their appointments prior to the inspection date if the appointment conflicts with a significant previous engagement. Appointments will be rescheduled for long-standing medical specialists' appointments, a court matter or exceptional vacation plans. Accommodation will be made for religious observances.

In the event that an owner does not attend a scheduled inspection, the vehicle will not be inspected and the owner will be required to personally reschedule the inspection. In most cases there will be a $100.00 reinspection fee. Inspections may be rescheduled without charge given one of the following circumstances:

-illness requiring hospitalization or of a serious nature;

-bereavement;

-court appearance; or

-other compassionate grounds.

These requests for rescheduling and any changes will be monitored for any individual or group patterns that may develop.

Penalties for Non-Attendance at Inspections:

If an owner does not attend for an inspection, the vehicle will not be inspected. If the owner does not reschedule the inspection, and attend in person at the rescheduled inspection within three days of the original inspection date, it is recommended that staff be authorized to remove the taxicab plate. The vehicle cannot operate as a taxicab. The plate will be not be returned until the owner attends in person for the inspection. This suggested procedure is similar to that established for not presenting a vehicle at a scheduled inspection.

Set Fines:

As an alternative to removing the plate, staff is investigating the introduction of a set fine as a penalty for non-attendance at an inspection. An owner would be issued a ticket and be required to pay a fine that may be as high as $500.00. The implementation of the set fine process will require a By-law amendment and an application to the Province, a process which can take up to six months.

Conclusions:

This report recommends adoption of the attached draft bill and includes requested information on limits to driver hours of work and enforcing the attendance of owners at inspections. The bill will put into effect the Council approved recommendations for a Passenger Bill of Rights, a new meter requirement, and owner attendance at inspections. The bill includes additional amendments designed to streamline the implementation of these recommendations.

Contact Name:

James Ridge, Executive Director

Municipal Licensing and Standards

Tel: 397-4634

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Appendix A

Authority:Emergency and Protective Services Committee

Report No. 13(1), November 25, 26 and 27, 1998 and Report No.

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend further Metropolitan Toronto By-law No. 20-85, a by-law

"Respecting the licensing, regulating and governing

of trades, callings, businesses and occupations

in the Metropolitan Area", a by-law of the former Municipality of Metropolitan Toronto.

The Council of The City of Toronto HEREBY ENACTS as follows:

1.Section 1 of By-law No. 20-85, as amended, a by-law "Respecting the licensing, regulating and governing of trades, callings, businesses and occupations in the Metropolitan Area", a by-law of the former Municipality of Metropolitan Toronto, is further amended by adding the following subsections:

(15.1)"Commissioner" means the Commissioner of Urban Planning and Development Services of the City of Toronto.

(32.1)"Municipal Licensing and Standards Division" means the Municipal Licensing and Standards Division of the Urban Planning and Development Services Department, and includes employees thereof.

2.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding the following section:

21.1(1)Except when an owner submits his or her taxicab for examination before a licence is issued therefor, every owner shall attend in person, and not by an agent, at each scheduled or rescheduled mechanical examination of his or her taxicab conducted pursuant to subsection 21(1) of this Schedule.

(2)Where an owner fails to attend in person at a mechanical examination in accordance with subsection (1) of this section, the taxicab shall not be inspected and the owner shall reschedule the mechanical examination within three days of the original examination date.

(3)Where an owner fails to reschedule a mechanical examination and attend in person at such rescheduled mechanical examination in accordance with subsections (1) and (2) of this section, the Municipal Licensing and Standards Division shall remove such owner's plate from the taxicab and the plate shall not be returned until such time as the owner submits his or her taxicab for examination and attends in person at such examination.

3.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding the following section:

99.(1)No driver shall operate a taxicab for more than sixty hours during any period of seven consecutive days.

(2)No driver shall operate a taxicab for more that twelve hours during any period of twenty-four consecutive hours.

(3)No owner shall permit any driver to operate a taxicab for any period in excess of the hours prescribed by this section.

4.Subsection 28(1) of Schedule 8 to By-law No. 20-85, as amended, is further amended by deleting the period at the end of paragraph (e) and replacing it with a semi-colon and the word "and", and by adding the following paragraph:

(f)the time of the beginning and termination of each shift or working period.

5.Section 28 of Schedule 8 to By-law No. 20-85, as amended, is further amended by adding thereto the following subsection:

(3)Every driver shall, at the beginning of each shift or working period, record the time of the beginning of such shift or working period on his or her trip record.

6.Appendix "A" to Schedule 8 of By-law No. 20-85, as amended, is further amended by adding at the top thereof the words "Driver Start Time" and "Driver Finish Time" such that Appendix "A" is in the form attached to this by-law as Appendix "A", which Appendix shall form part of this by-law.

7.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding thereto the following section:

18.1(1)Every owner shall securely affix to the back of the front passenger seat of his or her taxicab a Taxicab Passenger Bill of Rights in a form provided by the Commissioner or his or her designate, which form shall state that taxicab passengers have a right to:

(a)direct the driver on the route to be taken;

(b)an effective complaints process;

(c)a free ride if the meter is not in a recording position;

(d)reduce the tip if the services referred to in this section are not provided;

(e)a quality taxicab which:

(i)is in good mechanical and physical condition;

(ii)has a clean passenger area and trunk

(iii)is heated or air-conditioned on demand;

(iv)has easy access to seatbelts;

(v)is a smoke-free environment;

(vi)equipped with a meter that issues receipts noting the date and time of the trip, the distance travelled, the taxicab licence number and the fare charged; and

(f)a professional driver who:

(i)is licensed and knowledgable;

(ii)knows the major routes and destinations in the City of Toronto;

(iii)speaks and understands English;

(iv)is courteous and provides assistance;

(v)provides a safe ride;

(vi)knows and obeys the by-laws and all traffic laws; and

(vii)offers a silent ride if desired.

(2)The Taxicab Passenger Bill of Rights shall also state that drivers may not recommend hotel accommodations or restaurants unless requested by the passenger.

(3)No owner or driver shall operate or permit to be operated his or her taxicab unless a Taxicab Passenger Bill of Rights, as prescribed by this section, is displayed therein in accordance with subsection (1) of this section.

8.Section 9 of Schedule 8 to By-law No. 20-85, as amended, is further amended by adding thereto the following subsections:

(10)equipped with an automatic receipt dispenser which provides a receipt stating the date, the time of the commencement and conclusion of the trip, the distance travelled, the plate number of the taxicab, the total fare charged and the Municipal Licensing and Standards Division taxicab customer service telephone number;

(11)programmed to record the income of each driver of the taxicab.

9.Section 83 of Schedule 8 to By-law No. 20-85, as amended, is repealed and the following is substituted in lieu thereof:

83.Every owner and driver shall give a passenger a receipt containing the information prescribed by subsection 9(10) of this Schedule.

10.Schedule 8 to By-law No. 20-85, as amended, is further amended by adding the following section:

20.2(1)No owner or driver shall operate or permit to be operated his or her taxicab unless such taxicab is equipped with fully functional air-conditioning and heating systems.

(2)Every owner and driver shall, upon the request of a passenger, activate the air-conditioning or heating systems in such owner or driver's taxicab.

11.Subsection 9(8) of Schedule 8 to By-law No. 20-85, as amended, is further amended by deleting the words "By-law of the Commission" and inserting in lieu thereof the words "the Commissioner or his or her designate", such that the said subsection reads as follows:

(8)numbered, and, subject to the provisions of this By-law, shall be of a make and model approved by the Commissioner or his or her designate.

12.Section 45 of Schedule 8 to By-law No. 20-85, as amended, is further amended by inserting the word "telephone" between the words "any" and "radio", such that the said section reads as follows:

45.Notwithstanding section 56 of this Schedule, every driver and every owner driving his own taxicab shall turn off any telephone, radio, two-way radio, tape player or any other sound-producing mechanical device in his taxicab upon being requested so to do by any passenger, and having done so pursuant to such a request shall leave such device or devices in the off position until that passenger's trip has been completed.

13.Paragraph 18(1)(f) of Schedule 8, as amended, is repealed.

14.(1)Sections 1 to 6 and 11 of this By-law shall come into force on the date of enactment of this by-law.

(2)Sections 7 to 10, 12 and 13 of this By-law shall come into force on September 1, 1999.

ENACTED AND PASSED this day of, A.D..

MayorCity Clerk

(Corporate Seal)

(A copy of each of Appendix A to Schedule 8 and the Taxicab Passengers Bill of Rights was forwarded to all Members of Council with the agenda of the Emergency and Protective Services Committee for its meeting on March 23, 1999, and April 20, 1999, and a copy thereof is on file in the office of the City Clerk.)

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The Emergency and Protective Services Committee reports, for the information of Council, also having had before it during consideration of the foregoing matter communications from the following:

-(March 21, 1999) from Mr. Ian Allaby forwarding suggestions concerning the proposed amendments to By-law No. 20-85 pertaining to taxis;

-(March 20, 1999) from Mr. Robert A. Stewart responding to the proposed amendments to By-law No. 20-85;

-(March 23, 1999) from Mr. Lloyd Pollock, Dignity Transportation Inc. (CelebrityTaxi), submitting comments with respect to the proposed amendments to By-law No. 20-85;

-(March 23, 1999) from Mr. Lawrence Eisenberg, President, The Toronto Taxicab Owners and Operators Association, resubmitting his comments of February 8, 1999, regarding the mechanism involved in implementing the necessary changes to By-law No. 20-85; and

-(April 19, 1998) from Mr. Stan Steiner, Taxicab Consulting Services, respecting the proposed amendment pertaining to Owner attendance at inspections; and outlining a proposed amendment in regard thereto.

The following persons appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

-Mr. Nabil Charbel;

-Mr. Lloyd Pollock, Dignity Transportation;

-Mrs. Wilma Walsh;

-Mr. Eugene Meikle, Toronto Taxi Drivers Association; and submitted a brief in regard thereto;

-Mr. Bruce Davis, Urban Intelligence; and submitted a list of suggested representatives for a proposed Taxicab Advisory Committee;

-Mr. Ian Allaby;

-Mr. Frank Carnevale, Toronto Taxi Alliance;

-Mr. Al Moore; and submitted a brief in regard thereto;

-Mr. Ervine Shaw;

-Mr. Michael Carman;

-Councillor Howard Moscoe;

-Mr. Paul Forhan, Independent Cab Owners' Co-operative Incorporated; and submitted a brief in regard thereto;

-Mr. Stan Steiner, Taxicab Consulting Services; and

-Mr. Owen Leach.