FINANCE & ADMINISTRATION
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, Town Clerk
	PREPARED BY:	W. Wiles, Manager of Bylaw Enforcement & Licensing
	DATE OF MEETING:	2004-Dec-06
	SUBJECT:	Taxi By-Law Amendments

RECOMMENDATION:

That the report entitled “Taxi By-Law Amendments” be received;

And that By-Law No. 2002-308 “A By-Law for Licensing, Regulating and Governing Owners and Drivers of Taxicab Brokers” be amended to provide for mandatory driver training for new taxi driver applicants and to enact various administrative amendments.

PURPOSE:

To require mandatory driver training for new taxi drivers and to enact administrative amendments to the by-law to reflect changes to licensing procedures resulting from technological change and changes to provincial legislation governing estate transfers, and general administrative changes required to meet current business practices.

BACKGROUND:

Wheels Unit Formation & Taxi Licensing Initiatives

In 2002, Council approved the establishment of a Wheels Licensing Unit within the By-Law Enforcement & Licensing Division and dedicated staff was allocated to the Unit. Ten initiatives, listed on the table below, were established for implementation. This proposed by-law amendment incorporating licensing provisions for the mandatory taxi driver program will complete the implementation of the initiatives.

BACKGROUND: (cont’d.)

Taxi Licensing Initiatives Table

#	Initiative	Initiative Timing
		Completed	Target
1	Dedicated and Enhanced By-Law Administration and Enforcement	Yes
2	Issuance of Premiere Taxicab Plates	Yes
3	Designated Taxi Stands	Yes
4	Alignment of Licensing Program Expenditures and Revenues	Yes
5	Mandatory Taxi Driver Training		June 2005
6	Three Year Driver Licences (will maintain one year- see below)	na
7	Town Facilitated Police Clearance Process (modified)	Yes
8	Complaint Hot Line	Yes
9	Photo Identification Licences and Tariff Rate Display Cards	Yes
10	Cleaner and Safer Vehicles (Model Year Restrictions)	Yes

Initiatives

Dedicated and Enhanced By-Law Administration and Enforcement

• Wheels Units formed- two dedicated staff assigned and enforcement program implemented

Issuance of Premiere Taxicab Plates

• Premiere plates introduced with 20 plates being issued

Designated Taxi Stands

• By-Law amended to designate 9 locations Markham

Alignment of Licensing Program Expenditures and Revenues

• Expenditures and revenues in alignment

Mandatory Taxi Driver Training

• Program to be implemented in June 2005

Three Year Driver Licences

• The improved review process does not justify
• Implemented Town Facilitated Police Clearance Process
• Implemented in a Town facilitated Ministry Abstract Process

Complaint Hot Line

• Implemented with Contact Centre and advertising program

Photo Identification Licences and Tariff Rate Display Cards

• Photo Licences implemented in 2004
• Tariff Rate Cards ready for ongoing distribution in 2005

Cleaner and Safer Vehicles (Model Year Restrictions)

• New vehicle age restriction take effect February 2005

OPTIONS/DISCUSSION:

Licensing Matters Raised at March 2, 2004 Public Meeting

Prior to amending a Licensing By-Law, the Municipal Act, 2001, requires that a public meeting be held. A public meeting was held was on March 2, 2004 at which time the amendment for taxi driver training and administrative changes were discussed. The following table lists the matters raised at the meeting

#	Matter Raised	Outcome
1	Tariff Fee Increase	Yes	Enacted
2	Additional Premiere Plates		To be revisited
3	Designated Taxi Stands	Yes	Enacted
4	Vehicle Identification		To be revisited
5	Mandatory Taxi Driver Training	Yes	Amendment Required
6	Safety Equipment		To be revisited
7	Administrative Amendments	Yes	Amendment Required

Matters to be Revisited

Following the public meeting, Wheels Unit staff held further discussions with stakeholders on the issues raised. As a result of those discussions it was determined that:

• With respect to Premiere Plates, as there is no definitive demand for increased services at this time. However, it is anticipated that the future development of Markham Centre will increase demand for more services of this superior class of vehicle.
• With respect to Vehicle Identification no action is recommended owing to limited stakeholder demand and the need to conduct further discussions with area municipalities.
• With respect to safety equipment no action is recommended at this time in light of 2005 costs being incurred with vehicle age restrictions. The cost of providing cameras and driver/passenger screens would be in addition to these costs. Yellow warning lights are also proving to be unsuccessful and are being re-considered within the industry.

Mandatory Driver Training

A requirement for mandatory driver training for applicants for new taxi driver licences has been recommended for incorporation into the by law. Mandatory training is required in many large urban municipalities and has been under consideration in Markham since formation of the Wheels Unit in 2002. Originally both new and existing drivers were to undergo the training. However based on feedback from the industry and information from other municipalities, including Mississauga and Vaughan, staff are recommending that only new drivers be subject to the requirement, since course content for mandatory driver training is typically weighted toward new drivers and the programs have been found to provide little measurable return with respect to existing drivers. Once new driver programs are fully implemented appropriate course material may be developed for existing drivers, specifically for the Markham industry, which should provide better service to the public. Staff are currently developing the course content and anticipate being in a position to deliver the program beginning in the second quarter, after the 2005 Licence renewals are completed.

OPTIONS/DISCUSSION: (cont’d.)

Three Year Driver Licenses

The Town successfully implemented a Police Clearance Process this past year for all drivers being licensed. Through this process staff has become aware of information, previously we would have not known about, that lead us to deny licenses to applicants. This information is often very recent and staff is concerned that a three year license would allow individuals who otherwise would not be renewed on their yearly renewal, to continue for two years prior to the information being submitted. Accordingly, staff are recommending we continue with one year licenses.

Administrative Changes

Administrative changes are required for three reasons. First, deployment of Photo ID by the Licensing Division requires that the provisions in the current by-law requiring passport pictures be deleted and replaced with wording reflective of the new technology. Secondly, changes in provincial statutes governing estate transfers will impact upon the licensing process respecting the deaths of taxi plate owners and amendments are required to align the by-law and the regulations. The third reason for changes is operational, as the changes are required to administer the by-law effectively. A summary table of administrative changes are included on Appendix A.

FINANCIAL CONSIDERATIONS:

External training costs will be minimal and can be absorbed in the 2005 budget.

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal for administrative changes resulting from Provincial Statutes changes

ATTACHMENTS:

Appendix A- Administrative Changes Table

Sheila Birrell Town Clerk

Andy Taylor Commissioner, Corporate Services