|This is an unofficial archived version of The Taxicab Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. T10
The Taxicab Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means The Taxicab Board continued under section 2; ("Commission")
"compensation" or "hire" means the fare, toll, gain, fee, or rate charged, collected, or intended to be charged or collected, from any person, for the carriage of a person or persons or property by or in a taxicab, and includes remuneration of any kind, paid, promised, or demanded, direct or indirect, as well as personal services or the sharing of any expense of the operation of, or of work done by or upon, a taxicab; ("rétribution")
"drive-yourself booking office" means a place within The City of Winnipeg where drive-yourself motor vehicles may be hired or rented; ("bureau de location de véhicules sans chauffeur")
"drive-yourself motor vehicle" means a motor vehicle kept for hire that may be hired or rented by the hour, day, week, or longer, without a driver; ("véhicule automobile sans chauffeur")
"taxicab" means any motor vehicle as defined in The Highway Traffic Act had, kept, garaged, under repair, used, intended for use, or operated, for the transportation of persons for compensation in The City of Winnipeg, except such motor vehicle or class of motor vehicles as the board may exempt from this definition. ("taxi")
The Taxicab Board is continued.
The board shall, subject to subsection (3), be composed of
(a) a member of the council of The City of Winnipeg nominated by the council;
(b) the chief constable of the police force of The City of Winnipeg;
(c) three other persons appointed by the Lieutenant Governor in Council.
Each of the persons who are members of the board under clauses (2)(a) and (b) may from time to time nominate a person to act for him on the board at such meeting, or for such period, as the nominator shall specify; and the person so nominated shall be a member of the board during the meeting or the period specified.
The Lieutenant Governor in Council shall, by order in council, appoint to be chairman of the board one of the members thereof.
The Lieutenant Governor in Council may, by order in council, appoint one of the members of the board
(a) to be vice-chairman thereof; or
(b) to be acting chairman thereof for such period or periods, or without limitation as to time, as may be stated in the order in council appointing him;
to act, in either case, during the illness or absence of the chairman or his inability from any cause to discharge his duties.
No person, by himself or by an agent or employee, shall carry on the business of keeping a taxicab or taxicabs for hire, or hold himself out or advertise that he is carrying on that business, or keep for hire or operate for hire any taxicab, in The City of Winnipeg in any year unless he holds a subsisting licence from the board permitting him to do so.
Any person who violates this section is guilty of an offence and is liable, on summary conviction, to a fine, for the first offence, of not less than $50. and not more than $100. and costs, and for the second, or any subsequent offence, to a fine of not less than $100. and not more than $200. and costs.
If any person found guilty of an offence against this section is unable to pay the proper fine and costs, he shall not be imprisoned for his default; but for his default, in the case of a first offence, the convicting magistrate shall cancel the licence, if any, of the convicted person, to drive a motor vehicle in the province, and cancel the registration of every motor vehicle, if any, registered under The Highway Traffic Act in the name of the convicted person or the registration of the motor vehicle with respect to which the offence was committed; and the person is not, whether he then holds a licence or not, entitled to be licensed or be in possession of a licence to drive a motor vehicle in Manitoba, or to register a motor vehicle under that Act, for one year thereafter.
In the case of a person convicted of a second or subsequent offence against this section, whether so charged or not, the magistrate, in addition to the penalty hereinbefore provided, shall cancel the licence, if any, of the convicted person to drive a motor vehicle in the province, and cancel the registration of every motor vehicle, if any, registered under The Highway Traffic Act in the name of the person convicted; and the person is not, whether he then holds a licence or not, entitled to be licensed or be in possession of any licence to drive a motor vehicle in Manitoba, or to register a motor vehicle under that Act, for a period of two years thereafter.
Cancellation and disqualification under this Act shall be deemed to be cancellation or disqualification under The Highway Traffic Act; and where the registration of a motor vehicle is cancelled under this section the magistrate shall, by his order, direct the removal of, and any police officer to whom it is directed shall remove from the motor vehicle referred to in the order, the number plates thereof or thereon issued under The Highway Traffic Act, and return them to the department issuing the plates.
No person by himself or by his agent or employee shall operate a drive-yourself booking office or hire or keep for hire drive-yourself motor vehicles in The City of Winnipeg in any year without being the holder of a subsisting licence issued by the board permitting him to do so.
Any person who violates this section is guilty of an offence and liable, on summary conviction, to a fine of not less than $50. and not more than $100.
Except in the case of violations of The Highway Traffic Act and violations of section 4, subsection 11(3), and section 21, the punishment for the violation of any of the following provisions of this Act or of the regulations, directions, or decisions, of the board, is in the exclusive jurisdiction of the board, which shall not impose pecuniary penalties, but as hereinafter provided may suspend or cancel licences or permits issued by it.
Licences shall be granted upon application to the board in such form as the board provides for the purpose; and the board shall determine the forms of, and the terms or conditions upon, licences or permits, and of applications therefor.
In issuing licences the board shall consider the public convenience and necessity in respect of the number of taxicabs required in The City of Winnipeg; and to that end it may limit the number that may be operated under its authority at any one time, but may issue temporary permits permitting an additional number of taxicabs to be operated during stated seasons, during stated days, or for special occasions.
Before the board issues a licence under section 4 or 5, the applicant therefor shall pay
(a) to the Registrar of Motor Vehicles such insurance premiums as may be prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder; and
(b) to the board such annual fees as may be prescribed by the board by regulations made under this Act.
A person applying for a transfer or replacement of a taxicab licence or of a licence to keep a drive yourself motor vehicle, shall pay to the board such fee therefor as may be prescribed in the regulations.
In addition to requiring an applicant for a licence under this Act to pay to the board such fees that may be prescribed by the regulations, the board shall also require, and the applicant shall produce to the board, the receipt issued by The City of Winnipeg indicating that the applicant has paid such fee for the licence as may be prescribed by the relevant by-law of the city.
In addition to the fees payable under this Act, each person applying for a licence to operate a taxicab or a licence to keep drive-yourself motor vehicles shall pay to the board in respect of each taxicab, each drive-yourself passenger car and each drive-yourself truck, such fees as may be prescribed therefor in the regulations under The Highway Traffic Act.
Upon application and surrender to the board by the registered owner, or his legal representative, of the licence and number plates issued in respect of a taxicab or a drive-yourself motor vehicle, the owner, or legal representative, is entitled to a refund of the fees paid under this Act and The Highway Traffic Act.
The refund payable under subsection (1) shall be equal to 1/2 of the amount of the fee paid under this Act and The Highway Traffic Act for each fully unexpired month remaining on the licence and number plates at the time the application for the refund is made, less the sum of $1.
Where a person is entitled to a refund under this section in an amount consisting of both dollars and cents, the amount to be paid as a refund shall be calculated to the nearest dollar; and, for the purposes of this section, where the number of cents over and above any dollars is 50, the 50¢ shall be deemed to be 51¢.
Every driver of a taxicab, whether an employee of another person or the driver of his own taxicab, shall hold a taxicab driver's licence issued by the board.
The board shall not issue a licence under subsection (1) unless the applicant for the licence
(a) produces a certificate of good character
(i) from the chief of police of the City of Winnipeg, or
(ii) from such other person as the board may designate;
(b) pays to the board such fee therefor as may be prescribed by the regulations; and
(c) produces to the board a valid and subsisting driver's licence issued under The Highway Traffic Act;
and in addition the board may require the applicant
(d) to furnish medical proof of the physical fitness of the applicant to drive a taxicab; and
(e) to take and pass such examinations as the board considers reasonable to determine the ability of the applicant to drive a taxicab properly and safely.
Any person who drives a taxicab without first obtaining the driver's licence referred to in subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine, for the first offence, of not less than $5. and costs and not more than $15. and costs, and in default of payment to imprisonment for a period not exceeding 15 days, and for any subsequent offence, to a fine of not less than $15. and costs and not more than $25. and costs, and in default of payment to imprisonment for a period not exceeding 30 days.
In any prosecution under subsection (3) the certificate of the secretary of the board that the vehicle alleged to be so driven is licensed by the board as a taxicab shall be admissible, without proof of the signature of the secretary, as evidence that the vehicle is a taxicab.
The board may exempt vehicles or classes of vehicles from the definition of taxicab, or may subdivide taxicabs into types or classes of vehicles, and may make regulations not inconsistent with regulations made under, or by-laws passed under, The Highway Traffic Act governing their operation and use in The City of Winnipeg.
Where any vehicle or class of vehicle is so exempted the provisions of this Act imposing fees or municipal taxes does not apply, if the board by its exemption so directs.
The board may make and enforce regulations respecting livery and drive-yourself motor vehicles, and the use of them by the owners and by other persons, including the records of the use to be kept by the owners and other persons.
The board, in its discretion, by order may
(a) suspend any licence or permit or authority issued by it;
(b) after notice to show cause, and upon inquiry, and upon being satisfied that the public interest so requires, cancel any licence or permit issued by it.
No suspension under clause (l)(a) shall exceed one month at one time.
Where a licence or permit to operate a taxicab is suspended or cancelled by order of the board, the board may by its order direct the removal of, and a peace officer may remove, from the taxicab or taxicabs referred to in the suspended or cancelled licence or permit or the order, the number plates thereof or thereon issued under The Highway Traffic Act or by the board, and hold them during the period of suspension or cancellation.
The operation in The City of Winnipeg of a taxicab after the licence or permit to operate it has been suspended or cancelled by the board is an offence.
The board, before issuing any licence to operate a taxicab, shall require the operator or proposed licensee to deposit, and thereafter maintain, with the board such policy or policies of insurance, or copies thereof, as the board directs, in such amount or amounts, and in such form, as the board requires to protect the public properly.
The liability insurance shall bind the insurer to make compensation for the death or bodily injury to persons, and for the loss of or damage to property, resulting from the operation of a taxicab or of taxicabs by the insured.
Where an insurer proposes to cancel an insurance policy that has been deposited with the board, the insurer shall give the board at least ten days notice thereof.
Inspectors to enforce this Act and the regulations and directions of the board may be appointed as provided in The Civil Service Act.
Each inspector has the powers of a peace officer under The Highway Traffic Act.
The expression "peace officer" in this Act has the same meaning as in The Highway Traffic Act.
The board has general supervision over taxicabs, their owners, operators, and drivers, in The City of Winnipeg, and may
(a) require every owner and every driver of a taxicab to comply with the laws of the province and municipal by-laws affecting the owner, operator, or driver, and his taxicab, in respect of the transportation upon the streets of persons or property;
(b) require every owner of a taxicab to furnish adequate, safe, sanitary, and proper taxicab service, and to equip and maintain his vehicle in such condition as will enable him to do so;
(c) establish or approve the compensation, charges, or tariff of fares, that taxicab operators and drivers shall charge or collect, including, if deemed expedient, maximum and minimum fares, and require that the fares be based on the measured mile, and that every taxicab be equipped with a taximeter;
(d) prescribe and enforce reasonable standards of length, weight, and equipment, of taxicabs;
(e) require every taxicab owner or operator to keep books, records, and accounts, so as to afford an intelligent understanding of his business as a taxicab owner, and to that end require taxicab owners to adopt a system of accounting, standardized according to the respective class of the owners, to be prescribed by the board, and direct what, in the accounts, should be allowed for depreciation or replacements of properties;
(f) require every taxicab owner or operator to report to the board periodically, or upon request, in such form as the board prescribes, upon accidents that occur directly or indirectly arising out of the operation of taxicabs by him, and investigate any accident and take steps to prevent the occurrence of accidents in taxicab operation;
(g) issue plates or distinguishing markings which taxicab operators shall use and prescribe what distinguishing colour or markings shall be used upon any taxicab and its location and use thereon, and direct the removal of any plate or marking deemed to be confusing or unsightly;
(h) prescribe the maximum number of persons to be carried in any taxicab, the seating arrangements for the convenience and safety of passengers therein, and the provision to be made for carrying the luggage or property of the passengers;
(i) prescribe and regulate the use of taxicab stands or ranks in a municipality that does not do so or requests the board to do so; and
(j) require owners and drivers of taxicabs to maintain in their taxicabs and in the records of the board such means as the board prescribes for identifying the owner or driver of any taxicab while it is being operated on the streets.
Clause (1)(a) does not exempt other bodies or persons from responsibilities under The Highway Traffic Act.
The board may make regulations
(a) prescribing the fee payable for a licence to carry on a taxicab business in The City of Winnipeg;
(b) prescribing the fee payable for a permit to operate a taxicab temporarily in The City of Winnipeg;
(c) prescribing the fee payable for a licence to operate a drive yourself business office in The City of Winnipeg;
(d) prescribing the fee payable for a drive yourself motor vehicle licence in The City of Winnipeg;
(e) prescribing the fee payable for the transfer or replacement of any licence or permit issued by the board under this Act;
(f) prescribing the fee payable for taxicab driver's licence;
(g) prescribing forms for use under this Act.
The board may make rules governing its procedure, determining a quorum at meetings, and for the keeping of records and documents.
Every order, regulation, decision, licence, permit, or other document purporting to be signed by the chairman or vice-chairman, and by the secretary of the board is, without proof of signatures, evidence that it was issued by the board and duly signed.
Every such document so signed, when published in one issue of The Manitoba Gazette, is sufficient notice of its contents to all owners, operators, or drivers, of taxicabs in The City of Winnipeg; but every order of the board suspending or cancelling a licence or permit shall be served upon the taxicab owner or driver affected by delivery of it to him personally or, if he cannot be found, by leaving the order in the custody of an adult person in the employ of the taxicab owner at the place of business of the owner shown on his licence, and in the case of a driver, by leaving the order in the custody of an adult person at the place of residence of the driver shown on his licence.
Any peace officer and any inspector appointed hereunder is authorized to stop, enter, and inspect, any taxicab in The City of Winnipeg, and to enter and inspect any building or place in The City of Winnipeg where a taxicab is kept, hired, stored, or repaired, and to examine any accounts, records, or documents, that are required to be kept by owners and operators of taxicabs.
Municipal police in The City of Winnipeg shall assist in the enforcement of this Act.
Any person who engages a taxicab that is licensed under this Act and who, on demand being made at the termination of the trip, fails to pay the proper fare, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $20. and costs, and, in addition, the magistrate shall order him to pay to the operator the amount of the fare or, in default of payment of the total amount of the penalty and the fare, to imprisonment for a period not exceeding 10 days.
This Act supersedes and replaces municipal by-laws that are in conflict therewith or with the powers of the board hereunder.