Taxi Regulations

In these Regulations, unless the context otherwise requires:

• a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
• b) "Applicant" means a Person as herein defined presenting to or filing with the Council, an application for a Licence pursuant to these Regulations or causing such application to be presented or filed on his/her behalf.
• c) "Bus" means a motor vehicle designed or used for the transportation of passengers with a seating capacity of ten (10) or more in addition to the Driver, but excluding those motor vehicles used for personal transportation by the owner or with the owner's permission.
• d) "Council" means the Town Council of the Town of Paradise. 
• e) "Cruise" or "Cruising" means the driving in a Taxicab on, over and along the streets, highways or public places if the Town soliciting prospective passengers for transportation in a Taxicab for compensation.
• f) "Driver" means every Person driving or in actual charge of the operation or driving of a Taxicab whether as Owner or agent, licensee, servant or employee of the Owner and shall hold a Taxi Driver's Licence.
• g) "Hire" means and includes any money, thing of value, payment, consideration, reward, tip, profit, donation or gratuity paid to, accepted or received by the Owner or Driver of any vehicle in exchange for transportation of a Person or Persons whether paid upon solicitation, demand or contract or voluntarily, or intended as a gratuity or donation.
• h) "Holder" means an Owner or Driver who is the holder for the time being, of a Licence.
• i) "Inspector" means the Municipal Enforcement Officer or Persons appointed by the Council to supervise all vehicles and Person(s) licenced under these Regulations to enforce compliance with the provisions of these Regulations.
• j) "Licence" means a Taxicab Vehicle Licence, a Taxicab Driver's Licence or a Taxi Stand Licence issued pursuant to these Regulations.
• k) "Owner" includes any Person who has the control, direction, maintenance and benefit of the collection of revenue derived from the operation of any Taxicab or Taxicabs whether as Owner, lessee, licensee or bailee or in possession under any conditional sale or hire purchase agreement who holds a Taxicab Stand Licence.
• l) "Person" means any person, firm, partnership, association, corporation, company, co-operator, club, society, or any other corporate body or organization of any kind.
• m) "Suburban Taxicab" means a Taxicab used or employed in the transportation of passengers to or from a point in the Town from or to any place situated outside the limits of the Town.
• n) "Taxi"  or "Taxicab" means a vehicle commonly described as a four door motor vehicle used for conveying or for the conveyance or transportation of passengers for Hire and designed to carry out not more than eight (8) seated adults or equivalent including the Driver.
• o) "Taxicab Driver's Licence" means a Licence issued by the Province of Newfoundland and Labrador to drive a Taxicab.
• p) "Taxicab Stand" means a public or private place to operate as a Taxicab Stand by Council.

• a) The provision of these Regulations shall apply to all Taxicabs plying for Hire, used or operated within the Town and to the Owners and Drivers of all such Taxicabs.
• b) The Owner of any Taxicab shall not ply for Hire therewith or use or operate the same or cause or allow the same to be used or operated within the Town without a Taxicab Vehicle Licence.
• c) No Person shall drive or cause to be driven or act as a Driver of any Taxicab unless such Person is the Holder of a Taxicab Driver's Licence as issued by the Province of Newfoundland and Labrador.

• a) Every application for a Licence or a Transfer shall be made in writing to the Council and shall:
  • i) Comply with these Regulations in all respects;
  • ii) Set forth the name, age and address of the Applicant, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of its officers together with their respective addresses, or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company together with their respective ages and addresses, and also state the trade name or style, of any under which the Applicant proposes to operate, full information pertaining to the extent, character, and quality of the proposed operations and the manner in which such proposed operations are to be conducted, the type, model, capacity and condition of the Taxicab or Taxicabs proposed to be operated;
  • iii) Contain such other information as the Council may require to form an opinion as to the fitness of the Applicant or Transferee for the Licence for which the application is made or to ensure compliance with these Regulations;
  • iv) be accompanied by the fees prescribed by these Regulations for the Licence for which the application is made; and 
  • v) Be verified under oath by a Person having full knowledge of the facts therein set forth.
• b) If, in the opinion of Council, any application does not contain sufficient information to enable Council to make a decision or does not comply with these Regulations, the Council shall notify the Applicant or Transferee in writing of such defects, which may then be corrected, and submitted to Council within ten (10) days after notification. If such corrections are as deemed necessary have not been submitted within ten (10) days after notification, the application shall be refused. 
• c) If any application is refused, Council shall return to the Applicant the fees forwarded therewith.
• d) The prescribed fees to be collected under these Regulations will be established annually in the Town's budget. 
• e) Every application for a Licence shall specify in detail the location of the Taxicab Stand from which the Taxicab in respect of which the Licence is applied for will be operated.
• f) No Licence shall be issued to any Person unless the location of the public or private Taxicab Stand from which the Taxicab, in respect of which the Licence is applied for is to be operated, is approved as a Taxicab Stand by the Council, or as otherwise specified by Council.

• a) Where a Holder abandons or discontinues the carrying on of the business of owning or operating a Taxicab or all of them the Licence issued to him/her in respect of the business abandoned or discontinues shall forthwith lapse, be invalid and of no force or effect.
• b) Every Owner of one or more Taxicabs, required to be licensed under these Regulations, shall take out a separate Licence for each Taxicab. 
• c) No Licence shall be issued to any Person while the Licence issued to such Person to operate a motor vehicle pursuant to the Highway Traffic Act and regulations made thereunder is suspended or cancelled by virtue of the operation of any laws of Newfoundland or Canada.
• d) Every Holder of a Taxi Stand Licence or Taxi Vehicle Licence shall, upon changing his/her address, notify the Inspector thereof within two (2) days and give his/her new address.
• e) Every Licence issued shall be effective from the first day of issuance and shall expire one year from date issued.
• f) Notwithstanding anything to the contrary herein contained all Licences issued under the provisions of these Regulations which remain inoperative for three (3) months shall be automatically revoked.
• g) No Taxicab Vehicle Licence shall be issued until there is lodged with the Inspector a duly certified copy of a policy of passenger liability insurance issued by an insurance company insuring the Applicant in a minimum amount of $1,000,000.00 in respect of bodily injury to or the death of a passenger or passengers of the Taxicab in respect of which the Taxicab Vehicle Licence is to be issued
• h) No Taxicab Vehicle Licence shall be issued until there is lodged with the Inspector a duly certified copy of a policy of insurance issued by an insurance company insuring the Applicant in the minimum amount of $500,000.00, against all public liability and property damage covering the operation of the Taxicab Vehicle Licence is to be issued.
• i) Every copy of the policy or policies of insurance referred to in Section 5 (g) and 5 (h) shall, when lodged with the Inspector, be accompanied by proof of financial responsibility in the amounts of coverage stated in  Section 5 (g) and 5 (h) against public liability, property damage and passenger hazard in the form of a written certificate from a reputable insurer that it has issued to or for the benefit of the Person named therein a motor vehicle liability policy or policies which at the date of the certificate or certificates is in full force and effect and which designates therein by explicit description or by other adequate reference all motor vehicles to which the policy applies, and the certificate shall certify that the motor vehicle liability policy or policies therein mentioned shall be cancelled or expire except upon ten (10) days prior written notice thereof to the Council and until such notice is duly given, the certificate or certificates are valid and sufficient to cover the term of any renewal of such motor vehicle liability policy by the insurer.

• a) Any Licence is automatically cancelled:
  • i) Upon the Licence issued pursuant to the Highway Traffic Act or regulations made thereunder to the Holder being suspended or cancelled; or
  • ii) Upon the Holder thereof being prohibited from driving a motor vehicle under and by virtue of the criminal Code of Canada and amendments thereto.
• b) After the revocation, suspension or cancellation of any Licence, it shall be unlawful for any Person to drive, ply for Hire with, use, operate, cause to be used or operated within the Town, a Taxicab, until such revocation, suspension or cancellation has been lifted.

• a) It shall be a violation of these Regulations for a Person or Persons operating a Taxi Stand to operate a greater number of Taxicabs than authorized by Council.
• b) Council shall designate the number of Taxicabs that may be carried at each Taxi Stand.
• c) Every Owner operating any Taxicab shall maintain a fixed place of business or location approved by the Council in accordance with the Town of Paradise Development Regulations and shall not stand or ply for Hire or carry on its business from any other place.
• d) In the case of Taxicabs not standing for Hire in private premises, the Council may appoint a public stand for each Taxicab, and may from time to time change the same, and such Taxicabs shall stand and ply for Hire at the place so appointed for it and no other, and no vehicle shall stand or be parked at any such public stand except the Taxicab for which it is appointed as aforesaid;
• e) No Person shall park or ply for Hire with any Taxicab or both from any place in the Town unless such place is a private or public Taxicab Stand approved by the Council for use by such Taxicabs.
• f) Every Taxicab Stand on private and public land shall have 18 m2 of vacant land available on such stand at all times for such Taxicab plying for Hire on such stand as Council in its absolute discretion shall prescribe, and no Taxicab shall be licensed in respect of or allocated to any stand unless such amount of square feet as prescribed by Council is available on such stand for use at all times by such Taxicab.
• g) It shall be a violation of these Regulations for any Person to loiter on or about a Taxicab Stand or premises unless such Person is an employee of the proprietor thereof or is a Person there in the ordinary course of business.
• h) It shall be unlawful for the Owner or Driver of any vehicle other than a Taxicab to park on the Taxicab Stand approved by Council.

• a) The number of cars permitted to operate within the Town at any given time shall be 1 car per 650 people (based on census data) unless otherwise approved by Council.
• b) The Council may from time to time pursuant to these Regulations, fix and alter the total number of Taxicabs which may be Licenced to any given Owner and Taxi Stand.

• a) It shall be unlawful for any Owner or Driver to ply for Hire with, or use or operate or cause to be used or operated any Taxicab (other than a Suburban Taxicab) in the Town unless and until such Taxicab shall be operated with a Taximeter of a type approved by the Council or the Inspector.  The Taximeter shall be adjusted in accordance with the tariff prescribed in Schedule "A" of these Regulations, which is to be taken as part hereof. It shall be the duty of every Owner operating such Taxicab and also the Driver thereof to keep the Taximeter installed therein operating at all times such standard of accuracy as may be prescribed from time to time by Council.  On any trip to which the tariff of fares provided by these Regulations applies, no passenger shall be in any such Taxicab unless the Taximeter shall be kept operating continually during the entire that the Taxicab is engaged in the transportation of passengers for Hire on such trip.
• b) Every Taximeter used in the operation of a Taxicab shall be attached to that Taxicab in a location and manner approved by the Inspector and shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible at all times between dusk and dawn that the Taxicab is in operation; 
• c) It shall be unlawful for any Driver of a Taxicab while carrying passengers to display the flag attached to the Taximeter in such a position as to denote that such Taxicab is not employed or to show the Taxicab is not actually employed, or to fail to show the said flag in a non-recording position at the termination of each and every service.
• d) All charges for Taxicab service to which the tariff of fares, provided by these Regulations, applies, shall be calculated and indicated by a Taximeter in accordance with the tariff of fares prescribed in Schedule "A" and all times which the cab is engaged on such service the flag of the Taximeter shall be thrown into a position to register charges for mileage or into a position to register charges for Waiting Time or in a position to register charges for mileage and Waiting Time as the case may be depending on which is correct and valid under the provisions of these Regulations and no Taximeter shall be so operated as to cause any charge to be registered thereon except during the time when the Taxicab is engaged by a passenger or passengers.

• a) Every Taxicab shall at all times be equipped with all mechanical apparatus as described under the Highway Traffic Act and amendments thereto and shall also be equipped: 
  • i) With an identifying light attached to the top of such Taxicab which shall be constructed in one unit consisting of an illuminated plate or cylinder upon which is printed the name of the Taxi Stand and/or the telephone number of such Taxi Stand. The overall dimension of the said identity light shall not exceed six (6) inches in height by twenty inches in length. The lights of the identity light unit shall be connected to a contact switch attached to the Taximeter and such contact switch shall operate automatically to illuminate the said identity light when the Taxicab is not in operation indicating the Taxicab is vacant and for Hire and to extinguish said identity light when  the Taximeter is in operation. It shall be unlawful to drive or operate any Taxicab with such identity light illuminated while carrying passengers for Hire and it shall be unlawful to drive, operate, or be in charge of any Taxicab unless such identity is illuminated when such Taxicab is for Hire.
• b) The Taxicab shall have posted therein or the Driver thereof shall have on his/her possession the photograph, name and address of the Driver of the Taxicab displayed prominently in the interior of the Taxicab.
• c) A Holder may exhibit on or about his/her Taxicab, any advertisement, number plate, sign or card provided that the Drivers view is not impaired in any direction or under any condition including the view by means of a rear view mirror.

• a) Every Holder shall, when required, submit the Taxicab for examination by an Inspector or any Person authorized by him/her and shall not, at any time, when such Taxicab is not employed, prevent or hinder the Inspector, or any Person authorized by Council, from entering the same or any time prevent or hinder the Inspector or authorized official from entering his/her garage or other building for the purpose of inspecting the same.
• b) Where the Inspector issues a notice that the Holder of a Taxicab Stand Licence or a Taxicab Vehicle Licence is in violation of some provision of these Regulations, a copy of the notice shall be sent to the Taxicab Stand operator or manager who shall not permit the Holder to operate a Taxicab from the stand without first determining from the Inspector that the Holder is no longer in violation of these Regulations.
• c) Every Taxicab used in the operation of Taxicabs shall be subject to inspection at any time by the Council or its agents or employees or any police officer.  Upon discovery of any inaccuracy in such Taximeter the Owner or Driver of the Taxicab in which it is installed shall remove or cause to be removed the said Taxicab from service until such Taximeter shall have been repaired and accurately adjusted.  Every Taximeter shall be inspected and tested for accuracy by the Owner at least once every six (6) months. Upon completion of such inspection and of any adjustments necessary to cause such Taximeter to operate within the standard of accuracy approved by the Council the Owner shall cause to be placed upon such Taximeter a gummed label having printed thereon the following:
  • "This Taximeter was inspected and tested on the ___ day of ______A.D.   20__ and found to comply with the standard of accuracy prescribed by the Council."
  • The date on which such inspection was made shall be stamped in the blank space provided for the purpose.

• a) When an Owner discontinues the use of, sells or otherwise disposes of his/her Taxicab he/she shall forthwith remove therefrom the Taximeter, the identity light, the tariff card, the permit cards, the Taxicab Vehicle Licence, the identification plate and all other items required solely by these Regulations to be affixed thereto or displayed therein and forward the tariff card, the Taxicab Vehicle Licence and the identification plate issued in respect to such Taxicab to the Council and therefore no Person shall drive or use or require that vehicle to be driven or used as a Taxicab until a new Licence has been issued in respect thereof unless the sale is made to the Transferee, and if the Owner acquires another Taxicab in place of the sold or otherwise disposed of (for use of Taxicab) he/she shall submit the later Taxicab to the Inspector for approval and certification before using the same and if such approval and certification is given he/she may attach or install therein the items aforementioned.
• b) No Holder shall employ any Person other than a Driver who holds a Licence issued pursuant to the Highway Traffic Act as the Driver of his/her Taxicab; or permit such Taxicab to be driven by or placed upon any stand in charge of a Person who does not hold such Licence provided that any such Person being so employed must hold a current valid Driver's Licence issued under the Highway Traffic Act and amendments thereto.
• c) Every Holder shall be the full age of nineteen (19) years.
• d) No Driver shall smoke while driving any passengers in a Taxicab.
• e) All Holders and Drivers shall at all times obey the orders of any member of the Royal Newfoundland Constabulary, RCMP, and/or Inspector appointed by the Council.
• f) No Holder shall seek employment or ply for Hire by driving his/her Taxicab upon any street in such a manner that it interferes with the normal flow or traffic, or by interfering with the proper and orderly access to or egress from any place of public gathering, or by cruising in front of any place of public gathering; provided, however, that the Holder may accept passengers at any place of public gathering so long as his/her Taxicab is lawfully parked in the vicinity of the place or building where such public gathering is taking place.
• g) No Driver shall carry any Person other than the passenger and his/her or her party first engaging his/her Taxicab, unless by consent of the first passenger.
• h) No Driver shall take, consume or have in his/her possession any liquor while he/she is in charge of a Taxicab, nor shall the use of liquor by the Driver be apparent while he/she is in charge of any Taxicab.  Provided, however, that nothing herein contained shall prevent a Driver from purchasing and delivering liquor during the hours that stores of the Newfoundland Liquor Corporation are open for business and one hour immediately following the closing of such stores, to a Person nineteen (19) years of age or to his/her own residence.
• i) Every Owner or Driver employed by the Owner shall take due care of all property delivered or entrusted to him/her for conveyance or safekeeping.  Every Driver immediately upon the termination of any hiring or engagement, shall carefully search his/her Taxicab for any property lost or left therein, and all property or money left in his/her Taxicab shall be forthwith delivered over to the Person owning the same, or if the Owner cannot at once be found, then to the nearest police station with all information in his/her possession regarding the same.
• j) No Driver of any Taxicab shall knowingly drive or permit to be driven about the streets in his/her Taxicab any Person known to him/her to be engaged in an unlawful act  and no Driver while in charge of his/her Taxicab shall visit any disorderly house or any place where liquor is illegally sold.
• k) The Owner or Driver may refuse to provide or continue transportation to any Person who is intoxicated or unfit condition or who is conducting himself in a boisterous or disorderly manner or is using profane language, and if such Person is then in the Taxicab the Driver may drive his/her Taxicab to the nearest policemen or police station, anything herein contained to the contrary notwithstanding.
• l) Every Driver shall drive the Taxicab operated by him/her by the most direct traveled route to the point of destination, unless otherwise directed by the   Passenger.
• m) No Driver shall carry in any Taxicab a greater number of Persons or occupants than that specified in the Licence issued hereunder in respect of such Taxicab.
• n) Every Driver of a Taxicab shall have the right to demand payment of the regular fare in advance, and may refuse employment unless so paid, but no Driver of a Taxicab shall refuse or neglect to convey an orderly Person or Persons upon request anywhere in the Town unless previously engaged or unable to do so.
• o) Except as hereinafter provided, no Holder shall offer tokens, coupons or gifts to any Person for their services or for the use of their Taxicab.
• p) Gifts, tokens, coupons and other forms of advertisement can be used to promote business provided there are no offers or reduction in fares as prescribed in Schedule "A", Tariff or Fares.  All gifts certificates or tokens must display the actual monetary value of such coupons/tokens.

• a) The rates or fares to be charged by the Owner or Drivers of Taxicabs for the transportation of any passenger or passengers on any trip which commences and terminates within the Town or within 1.5 kilometers outside the limits of the Town shall be exactly in accordance with the tariff or fares shown in Schedule "A" and no rates or fares higher or lower than that contained in the said Schedule shall be charged or payable.
• b) When operating on a meter basis, the rate of fare charged shall be exactly as shown by the Taximeter together with any additional charges authorized in Schedule "A".
• c) No Owner or Driver shall be entitled to recover any fare or charge from any Person or Persons from whom he/she shall demanded any fare or charge greater or less than those authorized by these Regulations, or to whom he/she has refused to show his/her card of tariff as provided in these Regulations.
• d) No Person who engages any Taxicab shall fail or refuse, upon demand, to pay the fare or charge authorized by these Regulations or, in case no fare or charge by these Regulations, the reasonable fare or charge demanded for any Taxi service provided to such Person.
• e) The tariff rates herein authorized shall be computed from the time or place when or at which the passenger or passengers first enter the Taxicab to the time or place when or at which the passenger or passengers finally discharge the Taxicab.
• f) As many passengers up to the seating capacity of the Taxicab shall be transported for the one fare within the tariff of maximum rates fixed by Schedule "A" where the passenger paying the fare gives his/her consent and approval, but no Driver or Owner shall carry or permit to be carried in any Taxicab at any one time more passengers than the designated seating capacity of the Taxicab will accommodate and in no case more than eight (8) seated adults or equivalent including the Driver.
• g) No Holder shall use any tariff card, other than that obtained from the Council, or remove, exchange, lend or otherwise dispose of such tariff card.

• a) The Inspector shall have supervision over all Persons licensed under these Regulations and cover all Taxicabs together with the equipment unused by  them and the following shall be the duties of the Inspector in connection  with the Provisions of these Regulations:
  • i) To report to the Council, the performance of his/her duties under these Regulations, whenever he/she shall be required by the Council to do so;
  • ii) To make all necessary enquiries concerning applications for Licences as may be requisite to secure a due observance of the Law, and of these Regulations;
  • iii) To submit to the Council, applications for Licences or recommendations for the revoking or cancelling of any Licence, together with his/her report thereon;
  • iv) To keep a register of all Licences granted by the Council which shall contain the name and address of the Applicant, the date of the Licence and such further particulars and to keep such other books as the Council may order;
  • v) To enter in the aforesaid register, all Transfers of any Licence together with name and address of the Transferee;
  • vi) To cause to be made out, all Licences and to sign all Licences issued under these Regulations, the fees payable therefore having first been paid;
  • vii) To furnish each Person taking out a Licence with one copy of these Regulations;
  • viii) To ascertain by inspection and enquiry from time to time as often as may be required by the said Council, whether the Holder continues to comply with the provisions of the law and of these Regulations; and
  • ix) To prosecute or cause to be prosecuted, all Persons who shall offend against any of the provisions of the law or of these Regulations.
• b) Any act or duty to be performed by the Inspector under these Regulations,                     may be performed by any Person authorized by the Council or such Inspector to perform such act or duty.
• c) Where the Inspector issues a notice that a Driver is in violation of a provision of these Regulations, a copy of such notice shall be sent to the Owner of the stand, business or fleet from which the Driver operated or is affiliated with and the Owner shall not permit the Driver to operate from or affiliate with his/her stand, business or feel until he/she has been notified by the Inspector that the Driver is no longer in violation of these Regulations.
• d) Where a Driver is in violation of a provision of these Regulations and notice has been sent to the Owner in accordance with 23 (c) the Inspector may charge both the Owner and the Driver with violation of these Regulations. 

• a) The Inspector shall have the power to suspend any or all Licences for cause or when he/she shall have determined that any of the provisions hereof  have been violated or that any Holder shall have failed to comply with the terms of such Licence or the rules and regulations of the Council  pertaining to the operation, driving or use and to the extent, character, and  quality of the service or any of them of any Taxicab.
  • i) the Holder whose Licence has been suspended under this section shall be entitled to a hearing on the suspension of the Licence for such time as it deems fit, or revoke the Licence;
  • ii) Upon the hearing of the matter the Council may reinstate the Licence continue the suspension of the Licence for such time as it deems fit, or revoke the Licence.
• b) Notice of the hearing on such suspension shall be in writing and shall be served at least five (5) days prior to the date of hearing thereof, such service to be upon the Holder of his/her or its agent or manager, and such notice shall state the grounds of complaint against the Holder and shall also state the time when and the place where, such hearing will be held.  In the event the Holder cannot be found or service of such notice cannot be made upon him/her in the manner herein provided then a copy of such notice shall be mailed, postage full prepaid.

• a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence.
• b) Every Person who is guilty of an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so shall be liable to penalties as stipulated in accordance with section 420 of the Municipalities Act, 1999.