DECLARATIONS OF INTEREST

CITY OPERATIONS

EMERGENCY AND PROTECTIVE SERVICES DEPARTMENT

1.

REGULATING VEHICLES-FOR-HIRE IN THE CITY OF OTTAWA – TAXIS, LIMOUSINES AND PRIVATE TRANSPORTATION COMPANIES

ACS2016-COS-EPS-0012

CITY WIDE

That the Community and Protective Services Committee recommend that Council:

1.         Receive the KMPG report entitled “City of Ottawa Taxi and Limousine Regulation and Service Review”, attached as Document 1 and referenced in this report.

2.         Approve new regulations for Private Transportation Companies (PTCs), effective June 30, 2016, as described in this report and in the draft by-law attached as Document 2, including the following:

a.         Establishing a license fee that includes a per trip charge of $.105 and an annual license fee that reflects the size of the company, as follows:

i.          A PTC with 1 to 24 affiliated vehicles:   $ 807;

ii.         A PTC with 25 to 99 affiliated vehicles:   $ 2,469;

iii.        A PTC with 100 or more affiliated vehicles: $ 7,253;

b.        Requiring each PTC to obtain minimum insurance levels of $5 million in Commercial Liability and $5 million in Non-Owned Automobile insurance for itself, and require that each PTC driver obtain Automobile Insurance suitable for part-time drivers providing transportation services for compensation;

c.         Requiring all drivers to provide mandatory annual Police Vulnerable Sector Records Check, Statement of Driving Record and a Ministry of Transportation safety standards certificate for vehicles to the company;

d.        Requiring all vehicles be no more than 10 years old, with biannual inspections for vehicles greater than 5 years of age; 

e.         Requiring that rides can only be procured through a pre-arranged app;

i.          Accepting hails is prohibited;

ii.            Using taxi stands is prohibited;

f.          Delegating to the General Manager, Emergency and Protective Services, in consultation with the City Clerk and Solicitor, the authority to negotiate, finalize and execute the establishment of a voluntary, per-trip surcharge for accessibility, with any funds received from this surcharge to be directed to a dedicated reserve fund, as described in this report;

g.        Directing that the General Manager, Emergency and Protective Services work with the City’s Accessibility Unit, the Accessibility Advisory Committee, Para Transpo and other internal and external stakeholders to develop a strategy with respect to how new fees generated through an accessibility levy could be used to offset costs for a number of programs supporting accessible transportation, including but not limited to enhancing the taxi coupon program, and report back to Committee and Council with a recommended approach;

h.        Requiring that Private Transportation Companies comply with other administration- and enforcement-related requirements with respect to the by-law, as outlined in this report.

3.         Subject to the approval of Recommendation 2, approve the amendments to the Taxi By-law (2012-258, as amended), effective June 30, 2016, as described in this report and in the drafting instructions attached as Document 3, including the following:

a.         Reducing standard taxi driver license fee from $170 to $96;

b.        Waiving the accessible taxi driver license fee;

c.         Eliminating the requirement for the Taxi Driver Education Program and the refresher training course (retaining the Accessible Taxicab Training Course);

d.        Eliminating the uniform and street guide requirements;

e.         Permitting that rides pre-arranged through an app may be set at a rate below the maximum fare prescribed in the by-law;

f.          Eliminating the $1.50 credit card processing fee;

g.        Eliminating taxicab vehicle standards with respect to interior and trunk size, seating capacity and window tinting;

h.        Increasing the allowable vehicle age from 8 to 10 years, with authority delegated to the Chief License Inspector to             disqualify a vehicle in the interest of public safety;

i.          Amending the requirement for in-vehicle cameras to specify minimum standards rather than specific makes and models;

j.          Expanding the regulated area to include the entire City of Ottawa;

k.         Amending the ratio of plates-to-population from 1:784 to 1:806;

l.          Increasing liability insurance requirement from $2 million Commercial General Liability to $5 million Motor Vehicle Liability for Taxi Plate Holders (covering all drivers who drive a taxicab), and introducing similar insurance requirements for Taxi Brokers;

m.       Including the minor administrative and technical amendments outlined in Document 3.

4.         Subject to approval of Recommendation 2, approve the             amendments to Schedule 10 to the Licensing By-law (2002-189, as amended) relating to limousine service, effective June 30, 2016, as         described in this report and in the drafting instructions attached as Document 4, including the following:

a.         Establishing an auxiliary service category to address other service models, such as special senior assistance services and “responsible choice”-type services;

b.        Establishing a maximum vehicle age of 10 years, with biannual inspections for vehicles greater than 5 years of age, except for the “vintage” category;

c.         Refining the definition of limousine and realigning vehicle features to ensure vehicles are “luxury” and are distinguished from other vehicles for hire;

d.        Requiring a minimum insurance level of $5 million in Commercial General Liability and Motor Vehicle Liability;

e.         Requiring all limousine drivers to provide mandatory Police Vulnerable Sector Records Check, to be coordinated by the limousine operator, and an annual acceptable Statement of Driving Record;

f.          Increasing the minimum fare from $67.50 for the first 90 minutes and $45.00 for each additional hour, to $75.00 and $50.00 respectively, exclusive of HST;

g.        Including the minor administrative and technical amendments outlined in Document 4;

5.         Petition the Province to approve legislative amendments to:

a.         Provide enhanced enforcement powers and amend penalties in relation to municipal vehicle-for-hire by-laws and under the Highway Traffic Act for both Municipal and Provincial enforcement staff related to unauthorized vehicles-for-hire, including the ability to:

i.          tie outstanding violations to plate denial;

ii.         issue higher fines (not less than $500 and no more than $30,000);

iii.        apply three demerit points for non compliance;

iv.           impose administrative license suspensions.

b.        Provide authority for the City of Ottawa (either through the City of Ottawa Act, 1999 or the Municipal Act, 2001) to impose and implement, as part of any vehicle-for-hire regulations, an accessibility levy to be applied to those Private Transportation Companies that do not offer accessible vehicle-for-hire services to the City’s standards, where such payment is to be used to promote and foster accessible transportation services;

c.         Amend the Accessibility for Ontarians with Disabilities Act, 2005 to include a reference to Private Transportation Companies to establish a linkage to the accessibility levy referenced in recommendation 5.b), to ensure that appropriate accessible transportation requirements are mandated for Private Transportation Companies and to foster a more level playing field with taxicabs and accessible taxicabs already captured in the Act and its regulations.

6.         Delegate the authority to the General Manager, Emergency and Protective Services and the City Clerk and Solicitor to combine the by-laws referenced in and amended by Recommendations 2, 3 and 4 to create a consolidated Vehicle-for-Hire By-law, and to finalize and make any necessary adjustments to the Vehicle-for-Hire By-law             to give effect to the intent of Council.

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NEXT MEETING

Thursday, 21 April 2016