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September 2019

Vehicle Requirement and Replacement For Taxis v Limousines & PTC’s

April 1, 2019

Province of Ontario (“Province”) and City of Toronto (“City”) Governments

This issue is one of the most contentious issues of all when you review the requirements for vehicle replacement for taxicabs as compared to limousines and Private Transportation Company (“PTC”) vehicles in the VFH by-law, Chapter 546.

Considering with the July 1, 2017 definition of a taxi business being changed to include PTC vehicles and still includes limousine vehicles, the range of choice and the economic disparity as compared to the taxicab vehicle choices as stated in the Chapter 546, does indeed violate the Charter of Rights and Freedoms, Equality Rights where every individual is to receive equal benefit and equal protection of the law without discrimination, but in this instance, does not.

“Toronto Municipal Code – Chapter 546 – Licensing of Vehicles-for-Hire (“VFH”)

Article 5 – Taxicab Owners

546-51 – Age and maximum seating capacity of taxicab vehicles

A. – A vehicle used as a taxicab shall be no more than seven model years old.

B. – A vehicle used as a taxicab shall have a maximum seating capacity for seven passengers, plus the driver.

546-52 – Replacement vehicles

A. – As used in this section the following terms shall have the meanings indicated:

Alternative Fuel Vehicle – A vehicle that runs on a fuel derived from a resource other than petroleum, including ethanol, biodiesel, natural gas, propane or hydrogen.

Combined Fuel Consumption Rating – The weighted average of 55 percent of the vehicle’s city fuel consumption rating for the model year, and 45 percent of the vehicle’s highway fuel consumption for the model year, as published in Natural Resources Canada’s Fuel Consumption Guide or as shown on the EnerGuide Label for Vehicles, as amended.

Exhaust Emissions – As prescribed in Section 1 (1) of the On-Road Vehicle and Engine Emissions Regulations (SOR/2003-2), as amended.

Full Useful Life Emission Bin – As prescribed in Section 1 (1) of the On-Road Vehicle and Engine Emission Regulations (SOR/2003-2), as amended.

Hybrid Vehicle – A vehicle that runs on two or more fuel sources including, but not limited to, electricity and petroleum gasoline, electricity and diesel, or electricity and alternative fuels.

Low-Emission Vehicle – A vehicle with lower emissions of greenhouse gas pollutants and smog pollutants that the average for that model year, as indicated by:

(1) – Exhaust Emissions at or below Full Useful Life Emission Bin 5; and

(2) – For vehicles manufactured in and before Model year 2014, a Combined Fuel Consumption rating of 7 or fewer litres per 100 kilometres, and for vehicles manufactured in and about Model Year 2015, a Combined Fuel Consumption Rating currently estimated at 8.4 or fewer litres per 100 kilometres, to be adjusted to an actual rating after the Natural Resources Canada publishes such rating in its Fuel Consumption Guide.

B. – Despite any other provisions in this article, a taxicab shall not be replaced with a vehicle that has been used as a taxicab in any jurisdiction except the City of Toronto or as a police vehicle.

C. – No vehicle may be used as a replacement vehicle unless:

(1) – It is an accessible vehicle;

(2) – It is an alternative fuel vehicle, hybrid vehicle, or low emission vehicle; or

(3) – It is registered as a taxicab or has been registered as a taxicab prior to the date of application for its use as a replacement vehicle.

D. – No taxicab owner shall use a vehicle as a replacement vehicle unless he or she has attended the offices of ML&S and has produced the Provincial motor vehicle permit issued with respect to the vehicle.”

This is what Chapter 546 requires taxicab owners to abide by when replacing their vehicles to be used as a taxicab and next up is what is required of limousine owners.

“Article 7 – Limousine Owners

546-73 – Age of vehicles.

A. – No owner shall use or permit any motor vehicle to be used as a sedan limousine if it is more than seven years old be year date.

B. – No owner shall use or permit any motor vehicle to be used as a stretch limousine if it is more than eight years old by years end.

C. – No owner shall permit any motor vehicle to be used as a limousine if it is branded by the Ontario Ministry of Transportation as a rebuilt vehicle.”

Note:

(1) – The City’s limousines are not required to abide by 546-52 C (2) therefore greatly enhancing their vehicle choices;

(2) – Limousines have until the end of the model year of the car, where taxicab owners are allowed only seven model years and considering some of these vehicles are in production and for sale up to 6 months before the actual model year, limousines are allowed up to six additional months to keep their vehicles on the road than a taxicab is allowed; and

(3) – Limousine sedans are not restricted to a maximum seating capacity of seven passengers plus the driver.

This is what Chapter 546 requires limousines owners to abide by when replacing their vehicles to be used as a limousine and next up is what is required of PTC vehicle owners.

“Article 10 – Private Transportation Companies (“PTC”)

546-113 – PTC vehicle requirements

A. – No PTC or PTC driver shall operate or permit the operations of a PTC vehicle unless that vehicle:

(1) – Has four doors;

(2) – Has a maximum seating capacity of seven passengers, plus the driver; or

(3) – Is no more than seven model years old.”

Note:

(1) – The City’s PTC vehicles also are not required to abide by 546-52 C (2) therefore greatly enhancing their vehicle choices.

Conclusions:

So, there you have it. The usual inconsistency that the City uses when it does just about anything, but it is really prevalent in Chapter 546. Has Mayor Tory, City Council, L&S Committee or the ML&S shown any acknowledgment that by federal statute, we are all operating a taxi business and Chapter 546 is not regulating all of the different categories as named in Chapter 546 as operating a taxi business?

Mayor Tory and all the others at City Hall apparently feel they are not obligated to abide by any senior statute and can do whatever they please. Does this not sound very familiar to what Mayor Tory was accusing Premier Ford of doing last year?

A never ending message to Mayor Tory and all at City Hall

“Canadian Charter of Rights and Freedoms – Being Part I of the Constitution Act, 1982

Guarantee of Rights and Freedoms

1. – The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Equality Rights

15. (1) – Every individual is equal before and under the law and has the right to the equal protection and “equal benefit of the law, without discrimination.”

Like many other things contained in Chapter 546, the City of Toronto is in violation of the most sacred of all laws in Canada and that is the aforementioned Charter of Rights and Freedoms, Equality Rights on how they are allowing some by-law categories to not abide by the strict vehicle requirements of another category.

Vehicle requirements for all categories in the VFH by-law must be equal in content and to do otherwise shows the City’s contempt for the Charter and its guiding principles and that attitude must cease immediately and all persons subject to regulations in Chapter 546 must receive fair and equal treatment in not just what vehicles can be used or replaced with, but all of the mandates as contained in this by-law.

I remain,
Gerald H. Manley

 

© 2019 Taxi News

The Manley Letters

8 June 2018
Premier Ford Letter

1 September 2018
Why a Toronto Licensed Taxicab Owner Does Not Require a VFH Driver's Licence

October 1, 2018
Taxicab Owner v Requirement for Taxicab Owner’s Licence

1 December 2018
Capping PTC Vehicles

1 March 2019
Altering the Taxi Tariff

1 November 2018
Owner v Requirement for Snow Tires

January 1, 2019
Criminal Background Checks

April 1, 2019
Vehicle Requirement and Replacement For Taxis v Limousines & PTC’s

February 1, 2019
Flat Rates In VFH Vehicles

May 5, 2019
Public Accessible Taxicab
Transportation Servicing

Gerry Manley
105 Rowena Dr. Suite 405
Toronto, Ontario
Canada, M3A 1R2
Toronto Taxi Owner – Licence Number 416

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