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|Copyright © 2003: City of St. John's,|
St. John's, Newfoundland, Canada
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Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to the regulation of taxis in the City of St. John’s.
1. This By-Law may be cited as the “St. John’s Taxi By-Law”.
2. In this By-law:
(1) “decal” shall mean the decal bearing a distinctive number and date of expiry which is issued by the City;
(2) “inspector” shall mean any person designated by the Council to administer and enforce this By-Law;
(3) “license” shall mean a license issued pursuant to this By-Law;
(4) “operator” shall mean any person who has been issued an operator’s license and who has the control and benefit of the revenue derived from the operation of a taxi;
(5) “owner” shall mean any person who carried on the business of operating a taxi stand, business or fleet;
(6) “stand” shall mean the location from which a taxi business and/or taxi is directed, managed and/or dispatched;
(7) “taxi” shall have the same meaning as in the Highway Traffic Act;
(8) “taximeter” shall mean an electronic or mechanical instrument or device attached to a taxi by which the charge for hire of the taxi is calculated either for distance traveled or for waiting time or for both and upon which such charge is displayed and having attached thereto a mechanism which will show if the taxi is hired; and
(9) “waiting time” shall mean:
(i) the time a hired taxi is stopped temporarily due to traffic interruptions, weather conditions, road condition or other like circumstances;
(ii) the time a hired taxi is not in motion at the direction of a passenger; and
(iii) the time a hired taxi is traveling at 15 kilometres per hour or less.
3. No person shall operate a taxi business, including, but not limited to the direction, management and dispatching of a taxi, other than from a licensed stand.
4. A stand license shall be valid for the period February 1st, or the date of issue, in one year to January 31st of the following year.
5. The operator of a taxi shall not use or operate his taxi or cause or allow his taxi to be used or operated without a valid operator’s license, which operator’s license shall be issued for one taxi only.
6. The total number of operator licenses issued by the City in a calendar year shall not exceed 374, 10 of which shall be restricted to accessible taxis and known as A1 through A10. (Amended 2012/09/10; #1560)
7. An operator’s license shall not be issued for a taxi unless such taxi is licensed by the Government of Newfoundland & Labrador as a taxi pursuant to the provisions of the Highway Traffic Act and the operator provides a valid inspection certificate from a provincially approved inspection station.
8. (1) An operator’s license shall not be issued until there is provided to the Inspector proof of insurance with coverage in a minimum amount of one million dollars ($1,000,000.00) in respect of bodily injury to or death of a passenger and a minimum amount of one million dollars ($1,000,000.00) against all public liability and property damage arising out of the operation of the taxi for which the operator’s license is to be issued.
(2) written certificate from an insurer that it has issued to or for the benefit of the person named therein a motor vehicle liability policy or policies which at the date of the certificate or certificates is in full force and effect and which designates therein by explicit description or by other adequate reference all motor vehicles to which the policy applies, and the certificate shall certify that the motor vehicles policy or policies therein mentioned shall not be cancelled or expire except upon ten (10) days prior written notice thereof to the City and until such notice is duly given, the certificate or certificates are valid and sufficient to cover the term of any renewal of such motor vehicle liability policy by the insurer.
9. (1) An operator’s license shall be valid for a minimum of one year from the date of issue.
(2) Notwithstanding the foregoing:
(i) operator’s licenses 1 through 120 inclusive shall be valid for the period March 1st, or the date of issue, in one year to February 28th of the following year,
(ii) operator’s licenses 121 through 240, inclusive, shall be valid for the period April 1st, or the date of issue, in one year to March 31st of the following year; (Amended 2012/09/10; #1560)
(iii) operator’s licenses 241 through 364, inclusive, shall be valid for the period May 1st, or the date of issue, in one year to April 30th of the following year; and (Amended 2012/09/10; #1560)
(iv) operator’s licenses A1 through A10, inclusive, shall be valid for the period September 1st, or the date of issue, in one year to August 31st of the following year. (Amended 2012/09/10; #1560)
10. Notwithstanding section 9, the Inspector may schedule appointments for the renewal of operator’s licenses which appointment times shall be at the sole determination of the inspector.
11. (1) Operator licenses 1 through 364 may be assigned, transferred, or conveyed subject to approval of the inspector.
(Amended 2012/09/10; #1560)
(2) Operator licenses A1 through A10 shall not be assigned, transferred, or conveyed. (Amended 2012/09/10; #1560)
12. (1) Upon the issuance of an operator’s license and upon payment of the prescribed fee the inspector provide the operator with a set of decals.
(2) Decals shall be affixed to both rear doors and the trunk lid of the taxi for which they are issued and should be free from mud, dust and other obstructing material and free from mutilation so that they are clearly visible.
13. If decals become mutilated or illegible the operator shall notify the inspector who shall, upon payment of the prescribed fee and return of the mutilated or illegible decals, issue another set of decals.
14. Every operator shall, upon changing his address, notify the inspector thereof within two (2) business days and provide his new address to the inspector.
15. Every taxi shall at all times be equipped with:
(1) an interior light sufficient to illuminate the entire passenger compartment;
(2) a handle or opening device attached to each door of the passenger compartment so that each door may be opened by the passenger from inside or outside the taxi without the intervention or assistance of the driver;
(3) an identification sign attached to the top of the taxi upon which is printed the name of the taxi business or fleet and/or the telephone number of the taxi business or fleet; and
(4) a working taximeter.
16. The operator’s license together with a current fare tariff shall be prominently displayed in a taxi at all times.
17. The interior and exterior of a taxi shall be maintained in a clean and sanitary condition and shall be kept in good repair.
18. (1) Taxis shall be inspected by the inspector at least once a year, before the issuance of an operator’s license.
(2) Notwithstanding the foregoing, the inspector has the power to inspect a taxi at any time.
19. When an operator sells or disposes of his taxi or ceases to operate the motor vehicle as a taxi he shall remove the decals from the motor vehicle and return the decals to the inspector.
20. Taxis may be stacked on public streets only with the permission of the City.
21. All taxis shall be equipped with a taximeter which taximeter shall be adjusted in accordance with the fare tariff set by the City from time to time.
22. Taximeters shall be attached to the taxi in a location and manner approved by the inspector and the fare to be charged shall be readable at all times by the passenger.
23. Taximeters shall be subject to inspection by the inspector. Upon discovery of any inaccuracy in the taximeter the taxi in which it is installed shall be removed from service until such time as the taximeter has been repaired or replaced and is accurately adjusted.
24. Except when a taxi is engaged pursuant to a publicly tendered contract, at all times a taxi is engaged the flag or mechanism of the taximeter shall be placed in a position to register charges for mileage and waiting time.
CHARGES, RATES AND FARES
25. Except when engaged pursuant to a publicly tendered contract, the rate or fare to be charged for the transportation of passengers in a taxi within the City shall not exceed the tariff of fares set out in Schedule A to this By-Law.
26. The prescribed fees to be charged for operating licenses, decals and other items issued or required pursuant to this By-Law are set out in Schedule B to this By-Law.
GENERAL AND PENALTIES:
27. (1) Every owner is responsible to ensure that all persons who drive or operate taxis from his or her stand, business or fleet comply with the
provisions of this By-Law.
(2) Every operator is responsible to ensure that all persons who drive or operate a taxi for which he holds an operator’s license comply with the provisions of this By-Law.
(3) Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the City of St. John’s for a by-law or
regulatory violation for which he has been convicted shall not be entitled to a license issued pursuant to this By-Law until such time as all such
outstanding fines have been paid and proof of payment, in a form acceptable to the inspector, has been provided to the inspector.
(Amended 04/07/2008; #1515)
28. (1) Where the inspector issues a notice that an operator is in violation of a provision of this By-Law a copy of such notice shall be sent to the owner of the stand, business or fleet from which the operator operates or is affiliated with and the owner shall not permit the operator to operate from or affiliate with his stand, business or fleet until he has been notified by the inspector that the operator is no longer in violation of this By-Law.
(2) Where an operator is in violation of a provision of this By-Law and notice has been sent to the owner in accordance with subsection (1) the inspector may charge both the owner and the operator with a violation of this By-Law.
29. (1) Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act. (Amended 11/05/2007; #1508)
(2) In addition to any penalty provided for in subsection (1) the inspector may revoke or cancel an operator’s license or stand license issued under this By-Law for a violation thereof.
30. The St. John’s Taxi Regulations enacted by the City of St. John’s on December 19, 1990 and all amendments thereto are hereby repealed.
TARIFF OF FARES
The flag rate shall be as follows:
1. (a) for the first .125 of a kilometre
or part thereof $3.32
(b) for each additional .125 of a kilometre
or part thereof $0.22
(c) for waiting time while under engagement at a
rate per hour equivalent to $28.76
(Amended 2012/1/3; #1551)
2. Applicable municipal, provincial and federal taxes, may be added to and included in the fare shown on the meter.
Operator’s License $ 100.00
Transfer of Operator’s License $ 100.00
Issue of Second or Additional
Set of decals $ 20.00
Streets Directory $ 10.00
Stand License $ 50.00