1.
TAXI BY-LAW – ACCESSIBLE SERVICE –
AMENDMENTS RÈGLEMENT SUR LES SERVICES DE TAXI – SERVICES
DE TAXIS ACCESSIBLES – MODIFICATIONS |
That Council approve amendments to
Taxi By-law Number 2005-481, as detailed in Document 1, as amended below,
to improve on-demand accessible taxicab service and to address certain
administrative matters related to all taxicabs, to take effect as specified in
Document 1.
A. Be
it resolved that Recommendations 1 and 2 in Document 1 be deleted and replaced
with the following:
1. Authorize
the Chief License Inspector to issue the remaining 120 accessible taxicab
plates designated for issuance as outlined below and that the plates be issued
to persons on the accessible priority list according to their placement on the
list in accordance with the by-law and repeal the existing provisions limiting
the number of accessible plates issued annually to 40:
a. 40
on October 1, 2007
b. 40
on October 1, 2008
c. 40
on October 1, 2009
2. Subject
to the issuance of the accessible taxicab plates as outlined in Recommendation
1, those persons who are eligible for said plates have twelve (12) months from
the date of eligibility to qualify for said plates in accordance with the
by-law;
And be it further resolved that
Document 1 be amended to add the following provision:
Require that the accessible taxicab
plate holder be the primary driver, i.e. the driver who operates the accessible
taxicab 50% of the time or more. If the
plate holder cannot be the primary driver for valid reasons (including illness,
injury, parental leave, bereavement, or holidays), provide that the Chief
Licence Inspector may approve relief from that requirement for up to 30 days
and that any request for extension by the plate holder beyond the approved 30
days be brought forward to Licence Committee for approval;
Be it further resolved that the
plates referred to above shall not be transferable;
Be it further resolved that, in the
event that there are an insufficient number of individuals interested in
acquiring the plates referred to above by October 1, 2008, the Chief License
Inspector shall report back to Committee and Council on alternate methods of
plate issuance.
B. Be it resolved that Recommendation 3 in
Document 1 be amended to replace, in the preamble, the date “January 1, 2009”
with “October 1, 2010”.
C. Be it resolved that Recommendation 3b
in Document 1 be amended to replace the term “pregnancy” with “parental leave”.
D. That
Recommendation 7a be amended to read:
“the waiver is only valid for a period of 30 days”.
E. Be
it resolved that Recommendation 13 in Document 1 be amended to require that all
taxicab drivers wear clothing that clearly identifies them as taxicab drivers
or accessible taxicab drivers as the case may be; and,
Be
it further resolved that the clothing is uniform amongst all drivers.
F. That Recommendation 29 of Document 1
be deleted.
G. That
the Department report back to the Community and Protective Services Committee
by January 1, 2010 on the appropriateness of the numbers of accessible cabs
specified in Recommendation 6.
H. Be
it resolved that the issue of taxicabs using bus lanes be referred to the
Transportation Committee.
I. Be
it resolved that the Taxi Advisory Committee be reconstituted to enable the
Committee to be more effective and efficient and a report be prepared for the
Community and Protective Services Committee on this topic.
J. Be
it resolved that staff draft, for the signature of the Chair of the CPS
Committee, a letter to the Airport Authority to respond to its letter of 4 July
2007 and suggest that, if the accessible taxicabs on the curb at the airport
are not being utilized, they release them back for use by the general
population and that the Airport Authority consider increasing the number of
standard taxicabs at the curb in order to better serve the travelling public.
Recommandations
modifiÉEs du comité
Que le Conseil
municipal approuve les modifications au Règlement no 2005-481
sur les taxis présentées dans le Document 1 et amendées comme suit, afin
d’améliorer les services de taxis accessibles sur demande et de régler
certaines questions administratives liées à l’ensemble des taxis, lesquelles
doivent entrer en vigueur tel qu’énoncé dans le Document 1.
A. Il
est résolu que les Recommandations 1 et 2 dans le Document 1 seront supprimées
et remplacées par ce qui suit :
1. Autoriser l’inspecteur en chef des
permis à délivrer les 120 plaques restantes pour taxis accessibles selon le
calendrier ci-dessous, et veiller à ce que ces plaques soient émises aux
conducteurs figurant sur la liste prioritaire des plaques de taxi accessible en
fonction de leur rang dans cette liste, conformément au règlement municipal, et
abroger les dispositions actuelles du règlement limitant à 40 le nombre de
plaques de taxi accessible pouvant être délivrées chaque année :
a. 40 le 1er octobre 2007
b. 40 le 1er octobre 2008
c. 40 le 1er octobre 2009
2. Sous réserve de l’émission de plaques
de taxi accessible tel que prévu à la recommandation 1, les personnes
admissibles à de telles plaques disposent de douze (12) mois à compter de la
date d’admissibilité pour se qualifier en vue de l’obtention de ces plaques
conformément au règlement municipal;
IL EST EN OUTRE RÉSOLU QUE le Document 1 soit modifié afin d’y
ajouter la disposition suivante :
Exiger que le titulaire de la plaque de taxi accessible soit le
chauffeur principal du véhicule, c.‑à‑d. qu’il conduise le taxi
accessible 50 % du temps ou plus. Si le titulaire de la plaque ne peut
être le chauffeur principal pour des raisons valables (y compris la maladie,
une blessure, un congé parental, un congé de deuil ou un congé annuel), faire
en sorte que l’inspecteur en chef des permis approuve une dérogation à cette
exigence pendant un maximum de 30 jours, et que toute demande de
prolongation de cette période par le titulaire de la plaque au-delà des 30
jours autorisés soit soumise à l’approbation du Comité des permis;
IL EST EN OUTRE RÉSOLU QUE les plaques susmentionnées ne soient pas
transférables;
IL
EST EN OUTRE RÉSOLU QUE, si un nombre insuffisant de chauffeurs manifestent
l’intention d’obtenir les plaques susmentionnées d’ici au 1er octobre 2008, l’inspecteur en chef des permis fasse rapport au
Comité et au Conseil relativement à d’autres méthodes de délivrance des
plaques.
B. Il est résolu que la recommandation 3
du Document 1 soit modifiée afin que la date du « 1er janvier
2009 » soit remplacée, dans le préambule, par le « 1er
octobre 2010 ».
C. Il est résolu que la recommandation 3b
du Document 1 soit modifiée afin que le terme « grossesse » soit
remplacé par « congé parental ».
D. Que la recommandation 7a soit modifiée
comme suit : « la dérogation n’est valable que pour une période de 30
jours ».
E. Il est résolu que la recommandation
13 du Document 1 soit modifiée de manière à exiger que tous les chauffeurs
portent une tenue vestimentaire qui permet de les identifier clairement comme
des chauffeurs de taxi ou des chauffeurs de taxi accessible, selon le cas;
Il
est résolu que la tenue vestimentaire soit uniforme pour tous les chauffeurs de
taxi.
F. Que
la Recommandation 29 du Document 1 soit supprimée.
G. Que les Services fassent rapport au
Comité des services communautaires et de protection, d’ici au 1er janvier 2010, sur la pertinence
du nombre de taxis accessibles précisé dans la recommandation 6.
H. Il est résolu que la question de
l’utilisation des voies réservées aux autobus par les taxis soit renvoyée au
Comité des transports.
I. Il est résolu que le Comité
consultatif sur les taxis soit reconstitué afin d’accroître l’efficacité et
l’efficience de ce comité, et qu’un rapport soit préparé sur cette question et
soumis au Comité des services communautaires et de protection.
J. Il est résolu que le personnel prépare
une lettre qui sera signée par le président du Comité des services
communautaires et de protection, à l’intention de l’Administration de
l’aéroport international d’Ottawa, en réponse à la lettre de cette dernière,
datée du 4 juillet 2007, et propose que si les taxis accessibles en
attente à l’aéroport ne sont pas utilisés, qu’ils soient réaffectés au service
à la population générale, et que l’Administration de l’aéroport envisage
d’accroître le nombre de taxis ordinaires en attente afin de mieux servir les
voyageurs.
DOCUMENTATION
1.
Deputy
City Manager report dated 27 June 2007 (ACS2007-CPS-BYL-0024).
2.
Extract of Draft Minute, 05 July
2007 will be distributed prior to Council.
Report to/Rapport au :
Community and
Protective Services Committee
June 27, 2007 / le 27 juin
2007
Submitted by/Soumis
par : Steve Kanellakos
Deputy City
Manager/Directeur municipal adjoint,
Community and Protective
Services/ Services communautaires et de protection
Contact Person/Personne
ressource ; Susan Jones, Director
By-law and Regulatory
Services/Service des reglements municipaux
(613) 580-2424
x25536, susan.jones@ottawa.ca
|
Ref N°:
ACS2007-CPS-BYL-0024 |
SUBJECT : TAXI BY-LAW – ACCESSIBLE
SERVICE – AMENDMENTS
OBJET : RÈGLEMENT SUR LES SERVICES DE TAXI – SERVICES DE TAXIS
ACCESSIBLES – MODIFICATIONS
That the Community and Protective Services Committee recommend that
Council approve amendments to Taxi By-law Number 2005-481, as detailed in
Document 1, to improve on-demand accessible taxicab service and to address
certain administrative matters related to all taxicabs, to take effect as
specified in Document 1.
Que le Comité des services communautaires et de protection recommande au Conseil municipal d’approuver les modifications au Règlement no 2005-481 sur les services de taxi présentées dans le Document 1, afin d’améliorer les services de taxis accessibles sur demande et de régler certaines questions administratives liées à l’ensemble des taxis. Le Document 1 apporte des précisions sur la mise en application de ces modifications.
The harmonized Taxi By-law 2005-481 was enacted
on September 28, 2005 and includes provisions for the issuance of additional
accessible taxicab plates to meet the demand for service. There are currently sixty-five (65)
accessible taxicabs operating within the City with additional plates to be
released before 2009 or until there are one hundred and eighty-five (185)
accessible taxicab plates in operation.
Although accessible taxicab service has improved since it was first
introduced, providing adequate on-demand accessible taxicab service has proven
to be a challenge. The taxi industry
has been unable to provide dependable on-demand service often resulting in
accessible passengers being stranded and inconsistent service during the evenings,
nights and on the weekends.
On January 10, 2007 Council directed staff to
report back to the Community and Protective Services Committee and Council with
recommendations that address the concerns raised by the Taxi Union that people
with disabilities are being poorly served and that changes are required to
improve on-demand accessible taxicab service.
The 34 proposed amendments to the Taxi By-law
outlined in this report include, among others, the following:
· the issuance of the remaining 120
accessible taxicab plates commencing October 1, 2007
· the maintenance of a minimum
percentage of a broker’s fleet as accessible taxicabs
· a requirement for a minimum number
of accessible taxicabs to be in service and able to offer on-demand taxi
service at all times
· a requirement for a broker who
cannot immediately provide accessible taxicab service to refer the request to
another broker who is able to do so
· a requirement for accessible taxicab
drivers to provide assistance to customers with disabilities as detailed in the
by-law.
The amendments serve to improve driver and
passenger safety and level of service, as well as to ensure that there are a
minimum number of accessible cabs in service at all times, with the ultimate
goal that all taxicabs will be accessible.
The proposed amendments also provide enforcement staff with additional
mechanisms to address incidents of refusal to provide service, among other
issues.
A notice appeared in the local dailies on two
occasions notifying the public of the availability of the report and inviting
comment. A similar notice was forwarded
to taxi brokers, accessible taxi plate owners and taxi drivers. Staff also met with accessible taxicab
users; the various taxi industry representatives; OC Transpo; the Accessibility
Advisory Committee; and the Taxi Advisory Committee. There was either general agreement with a number of the
recommendations or complete support of them from the various groups/individuals
consulted, with the exception of the Taxi Advisory Committee which rejected
without discussion all of the recommendations.
There are no direct financial implications
associated with the recommendations.
Le Règlement
harmonisé no 2005-481 sur les services de taxi a été adopté le
28 septembre 2005 et comprend des dispositions sur la délivrance de
plaques d'immatriculation supplémentaires pour taxis accessibles, qui permettra
aux concessionnaires de mieux répondre à la demande. La ville d’Ottawa compte
actuellement 65 taxis accessibles en activité sur son territoire, auxquels
s’ajouteront d’autres plaques d’ici 2009 ou jusqu’à ce qu’il y ait
185 taxis accessibles en activité. Biens que les services de taxis
accessibles se soient améliorés depuis leur instauration, il s’est avéré
difficile d’offrir des services adéquats de taxis accessibles sur demande. En
effet, l’industrie du taxi a été incapable de fournir des services fiables sur
demande, ce qui a souvent empêché des gens d’avoir accès au service au moment
voulu et occasionné une irrégularité du service en soirée, la nuit et la fin de
semaine.
Le 10 janvier 2007, le Conseil municipal a chargé le personnel de présenter au Comité des services communautaires et de protection et au Conseil des recommandations en réponse aux préoccupations soulevées par Taxi Union à l’effet que les personnes ayant des incapacités ne sont pas servies adéquatement et qu’il faut apporter des changements pour améliorer les services de taxis accessibles sur demande.
Les 34 modifications proposées au Règlement sur les services de taxi décrites dans le présent rapport comprennent les mesures suivantes :
· délivrer les 120 plaques d'immatriculation restantes pour taxis accessibles débutant le 1er octobre 2007;
· exiger de chaque concessionnaire qu’il maintienne un pourcentage minimal de taxis accessibles dans son parc;
· exiger qu’un nombre minimal de taxis accessibles soient en service et puissent offrir du service sur demande en tout temps;
· exiger du concessionnaire qui n’est pas en mesure de répondre immédiatement à une demande de service de taxi accessible qu’il dirige son client vers un autre concessionnaire;
· exiger des chauffeurs de taxis accessibles qu’ils aident les clients ayant des incapacités, conformément au Règlement sur les services de taxi.
Les modifications proposées visent à améliorer la sécurité des chauffeurs et des passagers et la qualité du service offert tout en faisant en sorte qu’un nombre minimal de taxis accessibles soient en service en tout temps, l’objectif ultime étant de rendre tous les taxis accessibles. Ces modifications fournissent au personnel chargé de la mise en application du Règlement des mécanismes supplémentaires leur permettant de réagir aux situations qui impliquent, entre autres problèmes, un refus de service.
À deux occasions distinctes, un avis informant le public de la disponibilité du rapport et invitant les résidents à émettre leurs commentaires a paru dans les quotidiens locaux. Un avis semblable a été envoyé aux concessionnaires de taxi ainsi qu’aux propriétaires d’une plaque d’immatriculation pour taxi accessible et aux chauffeurs de taxi accessible. En outre, le personnel a rencontré les usagers des services de taxi accessible, divers représentants de l'industrie du taxi et d’OC Transpo, de même que les membres du Comité consultatif sur l'accessibilité et du Comité consultatif sur les taxis. Les différents groupes et particuliers consultés étaient d’accord avec un certain nombre de modifications ou en appuyaient la totalité, à l’exception du Comité consultatif sur les taxis, qui a rejeté toutes les modifications sans autre forme de procès.
Les recommandations susmentionnées n’ont aucune répercussion financière.
The Municipal Act, 2001, empowers
municipalities to license and regulate businesses including taxi service. Further, the Act provides additional powers
to establish the rates or fares to be charged for the conveyance of property or
passengers either wholly within the municipality or from any point in the
municipality to any point outside the municipality; provides for the collection
of the rates or fares charged for the conveyance; and, limits the number of
taxicabs or any class of them.
In Ottawa, the taxi industry is comprised of 1001
regular taxicabs and 65 accessible taxicabs.
Accessible taxicabs are specifically designed to accommodate a person in
a wheel chair and are required to provide on-demand accessible taxicab service
on a priority basis. They are also permitted to provide regular taxicab service
and accessible taxicab service that originates from service agreements (Para
Transpo, Airport, etc.).
In 2003, the City of Ottawa issued 25 accessible
taxicab plates and amended its mandatory driver training to include a training
session related to the provision of accessible taxicab service. The Taxi By-law was also amended to include regulations
requiring that accessible taxicab service be provided on a priority
basis.
On September 28, 2005, the new harmonized Taxi By-law
(Number 2005-481) was approved by Council, and came into
effect on January 1, 2006. The new Taxi
By-law provides for the issuance of 40 new accessible taxicab plates per year
until 1885
accessible taxicabs are operating in the City.
An April 2004 report by Hara Associates, in association with KPMG,
recommended that at least 185 accessible taxicabs would be required to provide
an on-demand accessible taxicab service to persons with mobility disabilities
that is comparable to the standard taxicab service offered to the general
public (based on 2004 population).
In April 2007, 40 new accessible taxicab plates that
were (initially
designated for issuance
distribution in 2006)
where issued bringing the number of
accessible taxicabs currently operating in Ottawa to 65. The first
40 plates scheduled for issuance in
2006 plates were not
distributed inuntil
2007 to address the taxi industry’s concerns with over-saturation of
taxis. In 2005, at
the request of the Taxi Union, Council agreed to delay issuing the 40
plates in 2006, to give existing regular taxi plate permit holders an
opportunity to convert their regular taxicabs to accessible taxicabs without
increasing the overall number of taxicabs.
No request for conversion was made in 2006
resulting in the distribution of plates to
taxi drivers on the accessibility priority waiting list beginning in 2007.
indicating
that the concern of over-saturation of taxicabs was likely unfounded.
Although Aaccessible
taxicab service in the City has improved over the last few years,. However,
despite the 40 new accessible taxicabs, on-demand accessible
taxicab service has proven more difficult to enhance and maintain. Various service agreements between the taxi
industry and transportation providers, and taxi
union collective agreements have negatively impacted the taxi industry’s
ability to provide dependable on-demand accessible taxi particularly during
evenings, nights and weekends. Failure
of the industry to provide reliable on-demand accessible taxicab service to
persons with mobility challenges on a 24 hours per day/7 days per week basis,
and competition with subsidized accessible service has likely resulted in a reluctance
from those individuals to depend on the on-demand accessible taxicab service.
On January 10, 2007, Council approved the following
motion with respect to accessible taxicab service:
WHEREAS the City is committed to ensuring convenient Accessible Taxicab
service to people with mobility impairment and other disabilities that is
comparable to the standard taxicab service;
AND WHEREAS Council has directed that 40 new Accessible Taxicab plates be
issued each year, until a total of 185 Accessible Taxicabs are in operation;
AND WHEREAS Members of Council received a letter from the Ontario Taxi
Union noting concerns with the delivery of accessible taxicab service and a
request for a immediate moratorium on the issuance of additional accessible
taxicab plates;
AND WHEREAS the Chair of the Accessibility Advisory Committee and the
community group Disabled and Proud oppose a delay in issuance of the 40 new
additional Accessible Taxicab Plates; and some of the qualified drivers/owners
have already ordered their Accessible Taxicabs in anticipation of being issued
their plates;
THEREFORE BE IT RESOLVED THAT Council direct staff to report back to the
Community and Protective Services Committee and Council with recommendations
that address the concerns raised by the Taxi Union, by the end of June 2007.
In
addition to concerns expressed by the Taxi Union, members of the disabled
community have also attested to the requirement for improvements to accessible
taxicab service.
On-demand accessible taxicab service enables persons
with disabilities – typically individuals who require the use of a wheelchair
or scooter – to telephone a taxi broker for immediate unscheduled taxi service
that can accommodate a wheelchair or other mobility aid. Dependable on-demand accessible taxicab
service requires that taxi brokers be able to dispatch the next available
driver of an accessible taxicab to the client.
On-demand accessible taxicab service also benefits the growing number of
people who rely on walkers or canes, or have limited joint mobility, strength
or aerobic capacity. Although other
accessible transportation providers, such as Para Transpo, offer subsidized
service to the disabled community,often the service requires pre-booking
several days in advance. On-demand accessible taxicab service has the
added feature of offering affordable transportation on an on-demand basis
providing users with additional freedom
which includes bringing along
able-bodied
family members or friends similar
to the service that has been available to the general public.
Although many major North American cities offer
accessible taxicab service through subsidized pre-arranged service providers
similar to Para Transpo, the introduction of on-demand accessible taxi service
is relatively recent in North America. Of the Ffew
cities that offeroffer
true on-demand accessible taxicab service,
the majority
have indicated that they. Typically cities that offer on-demand
accessible taxicab service currently
have an insufficient number of accessible vehicles. In
fact, lack of service concerns for
the City of Vancouver,
which currently has
57 accessible taxis, prompted
its Council to
recently approve
the release of several more accessible plates to
ensure that at least 15% of its fleet
is accessible by the end of 2007 and that it increases to 25% by
2010. The best approach to providing on-demand accessible taxicab service
appears to be that of London, England, which requires that all taxis be
accessible.
Initiatives related to on-demand accessible taxicab
service have generally been unsuccessful without some form of incentive such as
user subsidies and subsidies related to cover the cost of operating the
service. In Ottawa, initiatives
included the waiving of annual license fees (this incentive has since been
eliminated), the ability to offer accessible taxicab service through service
agreements to increase the viability of operating an accessible vehicle, the
longer age of vehicle for London Black Cabs,
and the ability to transfer the plate after slow and gradual issuance of accessible taxicab
plates over 5 years.
The
Some members of the industrylong contended
that on-demand accessible taxicab service is not viable, especially if the
regulators issue a large number of accessible taxi plates. Service agreements provide stable and
additional revenues to accessible taxicab service providers
and maximize their use as accessible transportation
providers.. Although
there are concerns
that theseDespite
the impact of
service agreements may have an impact on the ability to provide
dependable on-demand accessible taxicab service, boththe the Community and Protective
Services Departments
and the Transit
Service Branch, which
oversees Para Transpo, supports this practice. Overall accessible transportation service to
people with disabilities has improved since the issuance of the accessible
plates. The development of an
accessible taxi capacity has opened up these new opportunities, and once
the appropriate number of accessible plates are
distributed, the development of these opportunities will further support
the expansion of accessible taxi capacity and service.
In 2003, the City began regulating on-demand
accessible taxicab service by issuing 25 accessible taxicab plates, as well as
regulating accessible taxicab vehicle and accessible taxicab driver training
standards. An April 2004 report by Hara
Associates, in association with KPMG, recommended that 135
to 185 accessible taxicabs would be required to provide an
on-demand accessible taxicab service, to people with mobility disabilities that
is reasonably comparable to the standard taxicab service offered to the general
public (based on 2004 population
and service needs).
In 2005, Council enacted the new Taxi By-law, No.
2005-481, which provides for the issuance of 40 accessible taxicab plates per
year until 185 accessible taxicabs are in service. To date, a total of 65 accessible taxicabs are in operation. Overall, taxi service to persons with
mobility related disabilities has improved over the past 3 years; however
on-demand accessible taxicab service levels which identified the need for 185
in 2004 have understandably not yet met
expectations.
The taxi industry estimates that(on-demand or all the ATC request including service
agreements?) it is currently able
to deliver accessible taxi service
to its clients 85% of the time,accessible
taxicab service is provided to approximately 85% of all on-demand accessible
taxicab requests (or overall accessible taxicab service?) compared
to 99% for regular taxi fares.
Working together to Improve On-demand Accessible
Taxicab Service
In developing the proposed recommendations,
the Community and Protective Services Department consulted with the Accessible
Advisory Committee,
and individuals who use on-demand accessible taxicabs and
accessible taxicab drivers, the Taxi Advisory Committee, taxi brokers,
taxi plate holders, taxi drivers, Taxi Union representatives and
representatives of the largest taxi dispatcher in the City. The
Director of By-law and Regulatory Services also met with the
Chief License Inspector in Vancouver as well as the Manager of Vancouver Taxi,
a company that runs the
largest fleet of accessible taxicabs in British Columbia.
On April 20, 2007, staff held an all day Accessible
Taxicab Service Forum at City Hall to bring together the taxi industry,
regulators, various accessible taxicab users and accessible transportation
providers to discuss the impact of unreliable on-demand accessible taxicab service
on users, identify the issues and problems, and to offer suggestions to improve
service delivery.
The recommendations proposed in this report are the
result of the aforementioned discussions.
Ensuring
On-demand Accessible Taxicab Service
The main pressures that impact on-demand accessible
taxicab service include:
(a)
Insufficient number of
accessible taxicabs due to:
·
Gradual release of
accessible taxicab plates over 5 yrs;
· Significant portion of the accessible taxicab fleet is
under contract to provide pre-arranged accessible taxicab service (i.e. Para Transpo,
Airport);
·
Collective Agreements
restrict the number of drivers allowed to operate an accessible taxicab thereby
further limiting the time that accessible taxicabs can provide service;
·
Collective Agreements
restrict the number of accessible taxicabs allowed in the taxi broker’s fleet;
(b) Some accessible taxicab drivers refuse to or fail to
report with their broker/dispatcher so as to avoid having to pick-up requests
for accessible taxicabs preferring to serve the general public;
(c)
Current enforcement
tools have not been an effective deterrent to those who fail to provide
accessible service on a priority basis.
Enforcement and Consequences
The
Chief License Inspector will take appropriate action against any licensees who
fail to provide taxi service in accordance with the provisions of the by-law
which could include suspension and or permanent revocation of their license.
Pressures
- On-demand Accessible Taxicab ServiceRecommendations
and Rationale
1. Effective October
1, 2007, authorize the Chief License Inspector to issue the remaining 120
accessible taxicab plates designated for issuance and that the plates be issued
to persons on the accessible priority list according to their placement on the
list in accordance with the by-law and repeal the existing provisions limiting
the number of accessible plates issued annually to 40.
and
2. Subject
to the issuance of the 120 accessible taxicab plates, those persons who are
eligible for said plates have until December 31, 2008 to qualify for said
plates in accordance with the by-law.
and
3. Clarify
the following with respect to the Accessible Priority List, to take effect
January 1, 2009:
a) a qualified person on the Accessible Priority List has ninety (90)
days to successfully complete the Accessible Taxicab Training Course, comply
with all other provisions of this by-law pertaining to the operation of a
Taxicab and commence operating his or her Accessible Taxicab
b)
despite
the foregoing, a qualified person on the Accessible Priority List may apply to
the License Committee prior to the expiry of the ninety (90) day period for an
extension of that period which extension will not be granted unless the person
satisfies the License Committee that his or her failure to comply fully with
the commencement date is the result of illness, injury or pregnancy
c)
a
qualified person on the Accessible Priority List who successfully completes the
Accessible Taxicab Training course but who fails to commence operating his or
her Accessible Taxicab within the ninety (90) day period or to obtain an
extension of the time period from the License Committee will have his or her
Accessible Taxi Plate Owner licence revoked by the Chief License Inspector.
The Community and Protective Services Department
recommends accelerating the issuance of all
120 remaining40
more accessible taxicab permits plate
holder licences beginnining October 1, 2007 to
ensure that the service level of on-demand accessible
taxicab transportation is comparable
to the service levels provided by a standard taxicab..
This recommendation will increase the City’s accessible taxicab fleet to
1805
Accessible Taxicabs in order to meet the service
level target identified by Hara Associates that
was needed in 2004. It
will also help to meet the growing demand related to service agreements
while maintaining a reasonable on-demand accessible taxicab service.
In 2005, Council,
because of opposition from the taxi industry, agreed to
phase-in
approved the issuance of 40 new Accessible Taxicab Plates per year
until the prescribed 185 accessible taxicabs service
level was achieved which was not expected untiloperate
in Ottawa in 2010, six years after the date identified by the
consultant. Further, the first 40
plates that were initially designated for distribution in 2006 were not issued
until April 2007 bringing the number of accessible
taxicabs currently operating in Ottawa to 65.
At the request of the Taxi Union, Council agreed to
delay issuing the 40 plates in 2006, to give existing
regular taxi plate permit holders an opportunity to convert their regular
taxicabs to accessible taxicabs without increasing the overall number of
taxicabs. No request for conversion was
made in 2006 resulting in the first distribution
of plates to taxi drivers on the accessibility priority waiting list only
beginning in 2007.
It is proposed that those persons who are eligible for accessible taxicab plates in
accordance with the Accessible Priority List have until December 31, 2008 to
allow sufficient time to meet the requirements of the by-law, including the
acquisition of the appropriate vehicle which could be a lengthy process given
its specialized nature. After December
31, 2008 however, the normal standards and requirements with respect to the
Accessible Priority List must be reinstated.
As the 185 Accessible Taxicab objective is approached,
it is expected that all on-demand accessible taxicab trips will be served, and
that most will be served within a time frame similar to that of regular taxicab
service requests.
4. Require that, as a condition of issuance
or renewal of the accessible taxicab plate holder licence, the applicant for or
holder of an accessible taxicab plate affiliate the accessible taxicab plate
with a taxi broker that has a minimum fleet size of twenty-five (25)
taxicabs. New eligible individuals
shall have ninety (90) days from the date he/she receives notice that he/she is
qualified for issuance of an accessible taxicab plate holder license, to
affiliate with a broker. Existing
accessible plate holders shall have ninety (90) days from the date the last of
the 120 new accessible taxicab plates is issued, to affiliate with a broker.
The
Community and Protective Services Department recommends that every accessible
taxicab plate holder affiliate his or her accessible taxicab with a taxi broker
having a
fleet of 25 or more taxicabs.
Affiliation is required to ensure that accessible taxicabs are used as
effectively as possible in providing on-demand taxicab service and that
measurable quality standards are maintained. It will also ensure accessible
taxicab service to clients, including tourists and residents, who typically
will call the brokers who have larger fleets.
Affiliation
is deemed necessary to ensure that the accessible taxicab is equipped with the
prescribed and proposed safety equipment, and that the required security camera
and Global Positioning System are provided and properly monitored and
maintained. and that the collection of electronic information is consistent for
Court purposes.
New
qualified individuals will be required to indicate with which broker he/she
wishes to affiliate before the accessible taxicab plate is to be issued. If after ninety (90) days of being notified
that he/she has qualified for issuance of an accessible taxicab plate the
individual fails to provide the name of the affiliate broker, the privilege to
become a plate holder may be revoked and issued to the next qualified
individual on the Priority List.
Existing
accessible plate holders who currently operate an accessible taxicab
independently will be given additional time to designate his/her choice of
brokers. Such grace period is not to
exceed ninety (90) days from the date the last of the 120 new accessible
taxicab plates is issued. If at that
time the accessible taxicab plate holder has failed to select a broker with
which to affiliate, the accessible taxicab plate may be revoked and
subsequently issued to the next qualified individual on the Priority List.
5. Require that, subject to approval of the
issuance of 120 new Accessible Taxicabs plates in 2007, every broker with a
taxi fleet of 25 or more taxicabs maintain a minimum percentage of the fleet as
accessible taxicabs as follows:
Jan.
1, 2009 Jan. 1,
2010
Broker
fleet size 25 to 99 10% 15%
Broker
fleet size 100 to 249 10% 15%
Broker
fleet size 250 plus 10% 15%
Community and Protective Services recommends that
taxi brokers be required to have a minimum number of accessible taxicabs
operating under their operations. This
recommendation will ensure that customers requesting an accessible taxicab will
not be required to telephone various taxi brokers to be provided immediate
on-demand accessible taxicab service.
Currently, some taxi industry Collective Agreements
limit the number of accessible taxicabs a broker may operate. Such provisions create barriers to
dependable on-demand accessible taxicab service and considerably reduce the
taxi brokers ability to offer both on-demand service and enter into service agreements.
The Department recommends that taxi brokers be
required to maintain a minimum number of accessible taxicabs in their
fleet. The 15% requirement refIects the
overall City-wide ratio that will be created once the 120 new accessible
taxicab plates have been issued.
Brokers will be given two years to reach the prescribed minimum.
6. Subject to the approval of
Recommendations 1, 2, 4 and 5, require that, commencing January 1, 2009, every
broker with a taxi fleet of 25 or more taxicabs ensure that a minimum number of
accessible taxicabs be in service and be able to offer on-demand taxi service
at all times as follows:
Broker fleet size 25 to 99 1 on-demand accessible taxicab
Broker
fleet size 100 to 249 2 on-demand
accessible taxicabs
Broker
fleet size 250 plus 3 on-demand
accessible taxicabs
Accessible
taxicabs occupied providing accessible service as part of service agreements
shall not be considered capable of providing on-demand accessible taxi service.
In
addition to prescribing a minimum number of accessible taxicabs relative to the
number of Standard Taxicabs in the taxi fleet, this recommendation proposes to
establish a minimum number of accessible taxicabs the broker must have on the
road providing on-demand accessible taxicab service 24 hours per day/ 7 days
per week.
Currently,
accessible taxicabs are rarely available to serve the on-demand accessible
taxicab customers during peak hours, nights and weekends. Over the course of
the public consultation, a recurring concern was that users are not provided
with accurate information related to the availability of accessible taxicabs
and, in some cases, despite repeated calls to the broker/dispatcher, the client
was kept being misinformed about the accessible taxicab’s estimated time of
arrival, until finally the client was told that there are no accessible
taxicabs available. In a worse case
scenario, the client was left stranded unable to return home.
The
proposed minimum requirement will result in a minimum of 8 accessible taxicabs
providing service on the road at all times.
Accessible taxicabs cannot be included in the prescribed total if they
are primarily offering accessible taxicab service as part of a service
agreement (i.e. Para Transpo, Airport service).
The
recommendation will ensure that at least 8 accessible taxicabs are providing
on-demand accessible taxicab service during peak hours, at night and on
weekends. In addition, if approved, the
recommendation will provide the regulatory groundwork to require pre-booking or
pre-arranged accessible taxicab service that is currently not provided because
of the brokers’ inability to ensure that an accessible taxicab will be
available at the requested time.
7. Despite
Recommendations 5 and 6, the Chief Licence Inspector may waive the minimum
percentage of accessible taxicabs in the fleet and/or the minimum number of
accessible taxicabs in service and able to offer on-demand taxi services at all
times, subject to the broker providing satisfactory justification for failing
to meet the minimum percentage of accessible taxicabs in the fleet and/or the
minimum number of accessible taxicabs in service and able to offer on-demand
taxi services at all times and subject to the following criteria:
a)
the waiver is
only valid for a period of six (6) months;
b)
the accessible
vehicle(s) are unavailable for valid mechanical reasons where a licensed
mechanic attests to the vehicle not being road-worthy;
c)
the accessible
vehicle is on order and not yet received.
There are valid circumstances that could preclude a
broker from being able to meet the minimum percentage of accessible taxicabs in
the fleet and/or the minimum number of accessible taxicabs in service and able
to offer on-demand taxi services at all times.
Such circumstances include the unavailability of vehicles for mechanical
reasons. It is therefore reasonable to
waive those requirements for a period of time to permit the broker to rectify
the situation.
8. Provide
for the conversion from standard taxicab to accessible taxicab without factoring
such conversion into the new accessible plate numbers.
Similar to Recommendations 5 and 6, the intent of
this recommendation is to ultimately increase the number of accessible taxicabs
in operation. Currently, there is no
mechanism to allow a standard taxicab plate holder to convert his/her vehicle
voluntarily without affecting the total number of new accessible plates
available.
9. Require that, commencing October 1, 2007,
every broker who receives a request for Accessible Taxicab service but cannot
immediately provide the accessible taxicab service, refer the request to
another taxi broker who can immediately provide the requested accessible
taxicab service.
If
approved, the proposed recommendation will provide an added level of assurance
for a customer wishing to obtain on-demand accessible taxicab service. All brokers unable to immediately provide
the requested accessible taxicab service will be required to refer the
accessible taxicab request to a broker who can provide the service.
The
broker who received the original request will be responsible for ensuring the
customer has been provided the accessible service. Failure to ensure the service may result in charges for failing
to provide accessible taxicab service on a priority basis.
The
Department believes that customers requiring accessible taxicab service should
not be obligated to telephone the various brokers.
10. Require that, commencing October 1, 2007,
every accessible taxicab plate holder ensure that the accessible taxicab be in
service a minimum of ten (10) hours a day, five (5) days a week, except where
the vehicle is being serviced for valid mechanical reasons.
Taxi
industry Collective Agreements also constrain the use of some accessible taxis
to 2 drivers effectively limiting the accessible taxis’ hours of operation,
reducing service at certain times and increasing the number of unfulfilled
requests.
To
ensure that the Accessible Taxicabs are on the road and providing taxicab
service, the Department recommends that the Taxi By-law regulate the minimum
number of hours and minimum number of days a week the accessible vehicle must
be providing service.
The
proposed 10 hours per day operating minimum can easily be achieved if the
accessible taxicab is operated by multiple drivers.
11. Require that, commencing October 1, 2007,
accessible taxicab drivers provide assistance to customers with disabilities
by:
a)
bringing the accessible taxicab as close to a
building’s accessible entrance (or other entrance as directed by the customer)
as lawfully possible;
b)
taking appropriate measures to notify the customer of
the arrival of the taxicab, including ringing the apartment and waiting at
least 3 minutes for a response;
c)
accompanying the customer to and from the immediate
interior of the building;
d)
providing support and carrying items for the customer;
e)
carefully fastening the passenger seat belts;
f)
securing the customer’s mobility aids in accordance
with the vehicle and equipment specifications;
g)
politely inquiring and addressing the customer’s needs
and concerns before assisting the customer into the accessible taxicab and
commencing the fare;
h)
requesting and waiting for paramedic services if the
customer develops need for medical attention during the trip (not required to
wait if a friend or family member is present).
During
public consultation, a number of the accessible taxicab users expressed concern
with respect to the delivery of service; for example, in some cases, the
customer or the wheelchair was not properly secured. The recommendation reflects a number of basic actions to be taken
by the accessible taxicab driver to ensure the safety and comfort of the
customer. Failure to undertake these basic precautions will be subject to a
fine, licence suspension or permanent revocation of the licence.
In
addition, some users reported difficulties in communicating with the driver in
certain types of vehicles. Staff will
therefore undertake to review with stakeholders and accessible vehicle
manufacturers the feasibility and benefits of requiring the installation of an
intercom system between the driver and passenger compartment, for example.
12. Commencing October 1, 2007, require every
accessible taxicab driver to refrain from wearing or using any artificial
scents in the accessible taxicab whether or not the taxicab is in service.
The
recommendation is proposed to ensure that people with breathing concerns are
not further inconvenienced by unnecessary scents or perfumes.
13. Require that,
commencing October 1, 2007, all accessible taxicab drivers wear clothing that
clearly identifies them as an accessible taxicab driver and advise the Chief
License Inspector accordingly by October 1, 2007.
This recommendation is
proposed at the request of an association of accessible taxicab plate holders. The Department supports the recommendation
as it will help instil a sense of security and professionalism. The actual uniform may be as simple as a
clean dress shirt bearing the logo of the affiliate taxi broker.
14. Require
that, commencing December 31, 2008, all accessible taxicab drivers pre-arrange
or pre-book return trips for accessible taxicab fares when so requested and
take necessary actions to ensure the return trip is provided by informing the
broker and dispatcher of the details, with failure to do so being considered
refusal to provide accessible taxicab service.
The driver and the broker shall ensure that the pre-arranged or
pre-booked fare is provided.
Public
consultation revealed that the fear of being stranded was the most significant
factor in avoiding on-demand accessible taxicab service. Further, the ability of the client to book
return trips was one of the most-mentioned failures of the industry. Community and Protective Services expects
that the elimination of this systemic problem will result in sustained
ridership increases over the years.
To
ensure that customers are not left stranded, it will be the responsibility of
both the accessible taxicab driver and the taxicab broker to ensure that the
pre-arranged fare has been provided.
Failure to provide such a fare may result in a fine, suspension or
permanent revocation of the licence.
15. Require that, commencing October 1, 2007,
every accessible taxicab driver book-in with the broker/dispatcher at all times
when the accessible taxicab is in service, where book-in means to communicate
with the broker with respect to his/her availability at the beginning of a
shift and to accept fares.
and
16. Commencing October 1, 2007, prohibit all
accessible taxicab drivers from offering regular or accessible taxi service
when the accessible taxicab driver is not booked-in with the broker/dispatcher.
The
proposed recommendations are intended to create a chargeable offence for
accessible taxicab drivers to provide taxicab service without first booking in
with his or her affiliate broker/dispatcher.
The provision is necessary to ensure that all operating accessible
taxicabs can be reached and dispatched to accessible taxicab service requests
on a priority basis. The recommendation
will also assist enforcement activity by improving the brokers’ ability to
track accessible taxicab drivers who fail to respond to requests for accessible
taxicab service. It is expected that
approval of the recommendation will help identify the accessible taxicab
drivers who prefer to provide only standard taxicab service at taxi stands or
from flag downs.
17. Require that, commencing October 1, 2008,
every taxi broker maintain and produce a detailed record of every regular
taxicab and accessible taxicab service request, such record to include: time of
booking, time of arrival at pick-up site, arrival time at destination, driver
name and number; such record to be kept for thirty (30) days; and, such record
to be produced upon request from the Chief License Inspector or the Ottawa
Police Service.
and
18. Require that, commencing October 1, 2008,
every taxi broker notify, within 24 hours of an incident, the Chief License
Inspector of every incident where there is reasonable cause to believe that an
accessible taxicab driver has refused to provide accessible taxicab service or
has failed to book-in with the broker in accordance with the by-law.
Taxi
brokers/dispatchers are currently equipped to collect the required
information. The recommendation
requires the broker to record and keep the information for a minimum of thirty
(30) days so that the Chief Licence Inspector may complete investigations
related to accessible taxicab service as well as other customer
complaints. The required Global
Positioning System will further assist in the collection of relevant
information.
It
is further proposed that the taxi broker be required to notify the Chief
Licence Inspector if the broker has reasonable proof (e.g. electronic records)
showing that a particular accessible taxicab driver has refused or otherwise
failed to provide accessible taxicab service when such a request was so
dispatched.
The
recommendations are expected to significantly improve the City’s ability to
enforce the provisions of the by-law related to failure to provide accessible
service.
19. Define “request for Accessible Taxicab
Service” to mean any request made by a “person with a disability” as defined by
the by-law, where that definition is amended to include the phrase “or a person
with an injury causing mobility impairment”, to take effect October 1, 2007.
Public consultation revealed that customers with
mobility impairment would not be provided an accessible taxicab unless they
required the use of a wheelchair. At
least one of the taxi industry Collective Agreements regulating the largest
dispatcher defines an « accessible call » to mean a valid request for
an accessible taxicab by a person with a wheelchair or is otherwise defined by
any statute or regulation thereof.
The recommendation recognizes that individuals that
are elderly or injured may not be otherwise « defined by a statute or
regulation ». Community and
Protective Services recommends that any request by any individual requiring assistance
due to mobility challenges due to age, injury or medical condition should be
provided accessible taxicab service upon request without the need to prove
their disability to the dispatcher or driver.
20. Commencing October 1, 2007, require that
every accessible taxicab driver, taxi broker and accessible taxicab plate
holder must provide accessible taxicab service on a priority basis to any
person with a disability who requests such service. A conviction under this provision may lead to a fine, licence
suspension or permanent revocation of the licence.
The
recommendation enhances the current by-law provision that requires accessible
service to be provided on a priority basis.
The wording creates a chargeable offence for all licensees who fail to
provide accessible taxicab service.
21. Commencing October 1, 2007, every
accessible taxicab plate holder is deemed to have failed to provide accessible
taxicab service when one or more of the accessible taxicab drivers operating
the vehicle affiliated with his or her plate fails to provide accessible
taxicab service on more than one occasion within a six (6) month period.
The
proposed provision will put more responsibility on the accessible taxicab plate
holder to ensure that any driver working for him/her provides the service.
22. Require that, commencing October 1, 2007,
every accessible taxicab plate holder, taxi broker and taxi driver ensure the
accessible vehicle used is ready to transport a minimum of one standard
motorized wheelchair or scooter without having to reconfigure vehicle equipment
or remove passenger seats to accommodate the wheelchair or scooter.
and
23. Require that, commencing October 1, 2007,
every accessible taxicab plate holder ensure that the accessible taxicab
associated with the plate has not been modified, whether or not the
modification is temporary or permanent, from the condition it was in at the
last scheduled inspection by the Chief License Inspector, where the placement
of any obstruction such as a passenger seat shall be considered a modification.
There
are instances in which, for example, a seat or seats have been added to the
accessible vehicle which would have to be removed in order to accommodate a
wheelchair or scooter. The removal of
such additional items causes increases in wait/response times and therefore,
has a negative impact on service. The
proposed recommendations intend to eliminate this particular service
issue.
24. Require that, commencing
October 1, 2007, all replacement accessible and standard taxicab vehicles have
the taxi identification number appear near all rear passenger door handles with
characters of a minimum height of 15 centimeters to replace the existing
provision which requires the taxi identification number to appear on each front
fender in an area between the top of the wheel well and the upper front door
panel, with characters a minimum of 10 centimeters in height.
During the course of public consultation and
client complaint investigations conducted by enforcement staff, it became
evident that the identification numbers on taxicabs currently are not
sufficiently large to facilitate positive vehicle identification. In order to ensure quality service and
compliance with service requirements, clients need to be able to identify the
vehicle in which they are traveling.
The proposed recommendation is consistent with that which is in place in
New York City and in Toronto.
25. Require that, commencing
October 1, 2008, all standard and accessible taxicab plate holders install a
debit card payment reader and signage to notify passengers of its availability.
and
26. Require that, commencing
October 1, 2008, every taxicab driver shall accept the debit card as a method
of payment option subject to the payment of the prescribed transaction fee by
the customer.
and
27. Effective October 1, 2008, amend the tariff
to impose a debit card processing fee which will be set at $1.50 per
transaction.
Currently,
taxicab fares may be paid in cash or by credit card. The proposed requirements that recognize debit cards as an
additional method of payment will improve service to the public and safety for
the driver, who will ultimately not have to carry cash in the vehicle.
28. Commencing January 1, 2013, require that
all replacement taxicab vehicles be accessible taxicab vehicles.
The Accessibility
for Ontarians with Disabilities Act was passed by the Provincial Legislature in
2005. The goal of the Act is to achieve
accessibility for Ontarians with disabilities by 2025. That is, businesses and organizations that
provide goods and services to people in Ontario will have to meet certain
accessibility standards in five important areas of our everyday lives,
including customer service, transportation, information and communications,
built environment and employment. The
proposed recommendation to require that all replacement taxicab vehicles be
accessible taxicab vehicles, as well as many of the other recommendations
outlined in this report, work towards fulfilling the aforementioned Provincial
goal and the requirements under the Act.
29. Commencing January 1, 2013,
require that all replacement taxicab vehicles be predominantly yellow with
provision to allow for broker identity as approved by the Chief Licence
Inspector.
Similar to the approach used in relation to OC
Transpo buses, the objective of the proposed recommendation is to brand
taxicabs as an identifiable product with a view to improving service to the
public. It also allows enforcement and
inspections personnel to distinguish licensed taxicabs from unlicensed, or
“bandit”, taxicabs which supports the local taxi industry.
30. Provide
that, commencing October 1, 2007, all standard and accessible taxicab plate
holders may designate an unlimited number of drivers to provide taxicab
service.
Some taxi industry Collective Agreements
restrict the number of drivers that may operate a taxicab. The proposal to allow all plate holders to
designate an unlimited number of drivers as necessary will enhance service,
particularly in evenings, nights and on weekends when service has been
poor.
31. Require that, commencing October 1, 2007,
no taxicab plate holder, taxi broker or taxi driver may relay to a third person
a dispatched call from the taxicab broker of record for the pick-up of a
passenger.
The relaying of a dispatched call from the
taxicab broker of record to a third person is known as “shadow
dispatching”. A prohibition on this
type of activity will ensure that brokers maintain appropriate records for
enforcement and inspection purposes, and it is in the best interest of the
public.
32. Require that, commencing October 1, 2007,
all standard and accessible taxicab plate holders ensure that any person
operating the taxicab provides taxicab service in accordance with the by-law.
It is considered a privilege to hold a taxicab
license and this recommendation serves to ensure and reiterate that the plate
holders are fully responsible for the service being provided to the public.
33. Commencing October 1, 2007, prohibit a
person hiring a taxicab from refusing to pay the fare specified in the tariff
upon demand by a taxicab driver.
A provision prohibiting a person
from refusing to pay the taxi fare existed in most of the taxi by-laws of local
municipalities prior to amalgamation and was overlooked during the course of
the by-law harmonization process. The
proposed recommendation will add to the by-law this requirement, which serves
to protect taxi drivers from problematic clients.
34. Upon Council approval, provide for the immediate
transfer of accessible plate number 3009 pursuant to a Court Order dated March
8, 2007 (file number 03-FL-1422).
As a result of an Order issued on March 8, 2007
by the Superior Court of Justice Family Court Branch, the City of Ottawa has
been instructed to transfer ownership of accessible taxicab plate number 3009
from the current licensee to a relative of the licensee. As the Taxi By-law currently prohibits the
transfer of plates prior to a five (5) year period from the date of issuance,
an amendment to the by-law is required so that the City may comply with the
aforementioned Court Order.
A notice appeared in the Ottawa Citizen, the
Ottawa Sun and Le Droit on June 15 and 22, 2007 notifying the public of the
availability of the report and recommendations, and inviting the public to
present their comments, support or objections in writing before June 25, 2007
or in person at the Community and Protective Services Committee considering the
recommendations. A similar notice was
forwarded to taxi brokers, accessible taxi plate owners and taxi drivers in the
week of June 11, 2007.
As well, staff met with accessible taxicab
users; taxi industry representatives (brokers, plate holders, drivers and union
representatives); OC Transpo; the Accessibility Advisory Committee; and the
Taxi Advisory Committee. On April 20,
2007, staff held an all day Accessible Taxicab Service Forum bringing
representatives from all parties together to present the impact that poor
service has on accessible taxicab service users; list the causes and provide
solutions to remedy or counter the noted causes. The information provided
during the Accessible Taxicab Service Forum was used to develop the
recommendations in this report.
There was general agreement from taxi industry
representatives with a number of the recommendations and comments from the
industry were considered, and in some cases, incorporated into the
recommendations. OC Transpo concurred
with the recommendations. At its
meeting of June 20, 2007, the Accessibility Advisory Committee unanimously
supported the recommended amendments to the Taxi By-law.
At its meeting of June 14, 2007, the Taxi
Advisory Committee (TAC), through a motion put forward by TAC member and
President of the Canadian Auto Workers (taxi union), rejected all of the
recommendations outlined in the report without discussion.
The
Accessibility Advisory Committee raised the issue of the availability of TTY
for hearing or speech impaired individuals, indicating that a customer was
unable to communicate the request for a taxicab resulting in the dispatcher
hanging up on the customer. This service is
widely available through Bell Canada and therefore, requiring taxicab brokers
to provide for this service would be duplicitous.
There are no direct financial implications
associated with the recommendations.
Document 1 – Proposed Amendments to Taxi By-law
No. 2005-481 (as amended)
By-law
and Regulatory Services, in conjunction with Legal Services, to process the
amending by-law to Council for enactment.
By-law and Regulatory Services to notify the stakeholders accordingly.
DOCUMENT 1
PROPOSED
AMENDMENTS TO TAXI BY-LAW NO. 2005-481 (as amended)
·
Provide for the
necessary administrative amendments, including but not limited to the addition
of definitions, to accommodate and give full effect to the amendments outlined
below.
PART I – Amendments to Improve
Accessible Taxicab Service
1. Effective October 1, 2007, authorize the Chief License
Inspector to issue the remaining 120 accessible taxicab plates designated for
issuance and that the plates be issued to persons on the accessible priority
list according to their placement on the list in accordance with the by-law and
repeal the existing provisions limiting the number of accessible plates issued
annually to 40.
2. Subject
to the issuance of the 120 accessible taxicab plates, those persons who are
eligible for said plates have until December 31, 2008 to qualify for said
plates in accordance with the by-law.
3. Clarify the following with respect to the
Accessible Priority List, to take effect January 1, 2009:
a) a qualified person on the Accessible Priority List has ninety (90) days to successfully complete the Accessible Taxicab Training Course, comply with all other provisions of this by-law pertaining to the operation of a Taxicab and commence operating his or her Accessible Taxicab
b)
despite
the foregoing, a qualified person on the Accessible Priority List may apply to
the License Committee prior to the expiry of the ninety (90) day period for an
extension of that period which extension will not be granted unless the person
satisfies the License Committee that his or her failure to comply fully with
the commencement date is the result of illness, injury or pregnancy
c)
a
qualified person on the Accessible Priority List who successfully completes the
Accessible Taxicab Training course but who fails to commence operating his or
her Accessible Taxicab within the ninety (90) day period or to obtain an
extension of the time period from the License Committee will have his or her
Accessible Taxi Plate Owner licence revoked by the Chief License Inspector.
4. Require that, as a condition of issuance
or renewal of the accessible taxicab plate holder licence, the applicant for or
holder of an accessible taxicab plate affiliate the accessible taxicab plate
with a taxi broker that has a minimum fleet size of twenty-five (25)
taxicabs. New eligible individuals
shall have ninety (90) days from the date he/she receives notice that he/she is
qualified for issuance of an accessible taxicab plate holder license, to
affiliate with a broker. Existing
accessible plate holders shall have ninety (90) days from the date the last of
the 120 new accessible taxicab plates is issued, to affiliate with a broker.
5. Require that, subject to approval of the
issuance of 120 new Accessible Taxicabs plates in 2007, every broker with a
taxi fleet of 25 or more taxicabs maintain a minimum percentage of the fleet as
accessible taxicabs as follows:
Jan. 1, 2009 Jan. 1,
2010
Broker fleet size 25 to 99 10% 15%
Broker fleet size 100 to 249 10% 15%
Broker fleet size 250 plus 10% 15%
6. Subject to the approval of
Recommendations 1, 2, 4 and 5, require that, commencing January 1, 2009, every
broker with a taxi fleet of 25 or more taxicabs ensure that a minimum number of
accessible taxicabs be in service and be able to offer on-demand taxi service
at all times as follows:
Broker
fleet size 25 to 99 1 on-demand
accessible taxicab
Broker fleet size 100 to 249 2 on-demand accessible taxicabs
Broker fleet size 250 plus 3 on-demand accessible taxicabs
Accessible taxicabs occupied providing accessible
service as part of service agreements shall not be considered capable of
providing on-demand accessible taxi service.
7. Despite Recommendations 5 and 6, the
Chief Licence Inspector may waive the minimum percentage of accessible taxicabs
in the fleet and/or the minimum number of accessible taxicabs in service and
able to offer on-demand taxi services at all times, subject to the broker
providing satisfactory justification for failing to meet the minimum percentage
of accessible taxicabs in the fleet and/or the minimum number of accessible
taxicabs in service and able to offer on-demand taxi services at all times and
subject to the following criteria:
a)
the waiver is only valid
for a period of six (6) months;
b)
the accessible
vehicle(s) are unavailable for valid mechanical reasons where a licensed
mechanic attests to the vehicle not being road-worthy;
c)
the accessible vehicle
is on order and not yet received.
8. Provide for the conversion from standard
taxicab to accessible taxicab without factoring such conversion into the new
accessible plate numbers.
9. Require that, commencing October 1, 2007,
every broker who receives a request for Accessible Taxicab service but cannot
immediately provide the accessible taxicab service, refer the request to
another taxi broker who can immediately provide the requested accessible
taxicab service.
10. Require that, commencing October 1, 2007,
every accessible taxicab plate holder ensure that the accessible taxicab be in
service a minimum of ten (10) hours a day, five (5) days a week, except where
the vehicle is being serviced for valid mechanical reasons.
11. Require that, commencing October 1, 2007,
accessible taxicab drivers provide assistance to customers with disabilities
by:
a)
bringing the accessible
taxicab as close to a building’s accessible entrance (or other entrance as
directed by the customer) as lawfully possible;
b)
taking appropriate
measures to notify the customer of the arrival of the taxicab, including
ringing the apartment and waiting at least 3 minutes for a response;
c)
accompanying the
customer to and from the immediate interior of the building;
d)
providing support and
carrying items for the customer;
e)
carefully fastening the
passenger seat belts;
f)
securing the customer’s
mobility aids in accordance with the vehicle and equipment specifications;
g)
politely inquiring and
addressing the customer’s needs and concerns before assisting the customer into
the accessible taxicab and commencing the fare;
h)
requesting and waiting
for paramedic services if the customer develops need for medical attention
during the trip (not required to wait if a friend or family member is present.
12. Commencing October 1, 2007, require every
accessible taxicab driver to refrain from wearing or using any artificial
scents in the accessible taxicab whether or not the taxicab is in service.
13. Require that, commencing October 1, 2007,
all accessible taxicab drivers wear clothing that clearly identifies them as an
accessible taxicab driver and advise
the Chief License Inspector accordingly by October 1, 2007.
14. Require that, commencing December 31, 2008,
all accessible taxicab drivers pre-arrange or pre-book return trips for
accessible taxicab fares when so requested and take necessary actions to ensure
the return trip is provided by informing the broker and dispatcher of the
details, with failure to do so being considered refusal to provide accessible
taxicab service. The driver and the
broker shall ensure that the pre-arranged or pre-booked fare is provided.
15. Require that, commencing October 1, 2007,
every accessible taxicab driver book-in with the broker/dispatcher at all times
when the accessible taxicab is in service, where book-in means to communicate
with the broker with respect to his/her availability at the beginning of a
shift and to accept fares.
16. Commencing October 1, 2007, prohibit all
accessible taxicab drivers from offering regular or accessible taxi service
when the accessible taxicab driver is not booked-in with the broker/dispatcher.
17. Require
that, commencing October 1, 2008, every taxi broker maintain and produce a
detailed record of every regular taxicab and accessible taxicab service
request, such record to include: time of booking, time of arrival at pick-up
site, arrival time at destination, driver name and number; such record to be
kept for thirty (30) days; and, such record to be produced upon request from
the Chief License Inspector or the Ottawa Police Service.
18. Require
that, commencing October 1, 2008, every taxi broker notify, within 24 hours of
an incident, the Chief License Inspector of every incident where there is
reasonable cause to believe that an accessible taxicab driver has refused to
provide accessible taxicab service or has failed to book-in with the broker in
accordance with the by-law.
19. Define “request for Accessible Taxicab
Service” to mean any request made by a “person with a disability” as defined by
the by-law, where that definition is amended to include the phrase “or a person
with an injury causing mobility impairment”, to take effect October 1, 2007.
20. Commencing October 1, 2007, require that
every accessible taxicab driver, taxi broker and accessible taxicab plate
holder provide accessible taxicab service on a priority basis to any person
with a disability who requests such service.
A conviction under this provision may lead to a fine, licence suspension
or permanent revocation of the licence.
21. Commencing October 1, 2007, every
accessible taxicab plate holder is deemed to have failed to provide accessible
taxicab service when one or more of the accessible taxicab drivers operating
the vehicle affiliated with his or her plate fails to provide accessible
taxicab service on more than one occasion within a six (6) month period.
22. Require that, commencing October 1, 2007,
every accessible taxicab plate holder, taxi broker and taxi driver ensure the
accessible vehicle used is ready to transport a minimum of one standard
motorized wheelchair or scooter without having to reconfigure vehicle equipment
or remove passenger seats to accommodate the wheelchair or scooter.
23. Require that, commencing October 1, 2007,
every accessible taxicab plate holder ensure that the accessible taxicab
associated with the plate has not been modified, whether or not the
modification is temporary or permanent, from the condition it was in at the
last scheduled inspection by the Chief License Inspector, where the placement
of any obstruction such as a passenger seat shall be considered a modification.
24. Require
that, commencing October 1, 2007, all replacement accessible and standard
taxicab vehicles have the taxi identification number appear near all rear
passenger door handles with characters of a minimum height of 15 centimeters to
replace the existing provision which requires the taxi identification number to
appear on each front fender in an area between the top of the wheel well and
the upper front door panel, with characters a minimum of 10 centimeters in
height.
25. Require
that, commencing October 1, 2008, all standard and accessible taxicab plate
holders install a debit card payment reader and signage to notify passengers of
its availability.
26. Require
that, commencing October 1, 2008, every taxicab driver shall accept the debit
card as a method of payment option subject to the payment of the prescribed
transaction fee by the customer.
27. Effective October 1, 2008, amend the tariff
to impose a debit card transaction fee which will be set at $1.50 per
transaction.
28. Commencing January 1, 2013, require that
all replacement taxicab vehicles be accessible taxicab vehicles.
29. Commencing
January 1, 2013, require that all replacement taxicab vehicles be predominantly
yellow with provision to allow for broker identity as approved by the Chief
Licence Inspector.
30. Provide that, commencing October 1, 2007,
all standard and accessible taxicab plate holders may designate an unlimited
number of drivers to provide taxicab service.
31. Require
that, commencing October 1, 2007, no taxicab plate holder, taxi broker or taxi
driver may relay to a third person a dispatched call from the taxicab broker of
record for the pick-up of a passenger.
32. Require
that, commencing October 1, 2007, all standard and accessible taxicab plate
holders ensure that any person operating the taxicab provides taxicab service
in accordance with the by-law.
33. Commencing
October 1, 2007, prohibit a person hiring a taxicab from refusing to pay the
fare specified in the tariff upon demand by a taxicab driver.
34. Upon
Council approval, provide for the immediate transfer of accessible plate number
3009 pursuant to a Court Order dated March 8, 2007 (file number 03-FL-1422).