Regulations
VFH-18-001: Dispatch Requirements
VFH-18-002: Required Taxi Equipment
VFH-18-003: Camera Specifications
VFH-18-004: Required Driver Training
VFH-18-005: Accessibility Requirements
Revision Date: April 12, 2019
Purpose: To outline the specifications for a vehicle for hire to be classified as accessible.
Reference:
- Vehicle for Hire By-law 129/2017, section 35(1)
- Vehicle for Hire By-law 129/2017, section 38(2)
- Vehicle for Hire By-law 129/2017, section 49(2)
General
The above noted sections of the Vehicle for Hire By-law (“the By-law”) provide authority for the designated employee to specify the following requirements with respect to accessible vehicles for hire as outlined in the noted schedules to this Regulation:
- Accessible Vehicle Specifications, Schedule A;
- Driver Training Requirements, Schedule B
The training requirements outlined in Schedule B apply to both PTP drivers and to taxi drivers. In accordance with section 35(1) of the By-law, a PTP dispatcher must not register an individual as an accessible PTP driver unless the required training is completed. Section 49(2) of the By-law requires completion of training in order for an accessible taxi driver licence to be issued.
Date of Issue: April 12, 2019
Supersedes Issue of: August 22, 2018
Schedule A
Accessible Vehicle Specifications
In order to be considered an accessible vehicle for the purposes of the Vehicles for Hire By-law, the entire vehicle shall conform to the current Motor Vehicles for the Transportation of Persons with Physical Disabilities Standard, published by the Standards Council of Canada (SCC). As of December 2017, the current standard is CAN/CSA-D409-16.
Applications and renewals for accessible taxi licences, or registration as an accessible vehicle for hire must be accompanied by an inspection certificate or letter from the vehicle builder confirming compliance with this standard. As of February 28, 2018, certification inspections may be carried out by Northland Healthcare.
The above noted standard is available at https://www.scc.ca/en/standardsdb/standards/28539
A vehicle which was the subject of an accessible taxi business licence as of February 28, 2018 may apply to the City seeking application of the SCC safety standard in effect on the date of manufacture of the vehicle or the installation/conversion with all equipment required for its intended purpose. The application must include information identifying in detail the variance from the current standard, and an inspection certificate confirming compliance with the standard to be applied. However, even if approved by the City, application of the SCC safety standard in effect on the date of manufacture of the vehicle or the installation/conversion with all equipment required for its intended purpose is only temporary; the vehicle must meet the current standard as of March 1, 2019.
Schedule B
Accessible vehicle for hire driver training
Any driver providing accessible vehicle for hire service must complete the specified training, whether they are a taxi driver or a PTP driver. A list of approved training courses which deliver the specified training is listed in Appendix 1 to this Schedule.
In order to qualify for a licence or registration as an accessible vehicle for hire driver, an individual must demonstrate the knowledge and skills to
- a) properly secure the wheelchair or mobility aid of every passenger so equipped with a securement device that meets the specifications for accessible vehicles
- b) inform every occupant of the occupant restraint system available for his or her use, and assist in use of the occupant restraint system if the passenger so desires.
Failure to perform these actions when providing service would demonstrate a lack of knowledge and skills and therefore would be considered a violation of Section 64 of the VFH By-law.
Effective March 1, 2019, the following offence is in place in accordance with Section 61.1:
Fail to comply with Highway Traffic Act rule for restraining passengers and securing wheelchairs - $500 fine.
Completion of an approved training course shall be deemed to be demonstration of the required knowledge and skills.
To retain eligibility as an accessible vehicle for hire driver, an individual must successfully complete an approved refresher course every two years.
A driver that that has previously demonstrated the required knowledge and skills and has not maintained a licence or registration as an accessible vehicle for hire driver must complete the refresher course before being considered eligible to provide accessible service.
VFH-18-006: Refusal of Service & Pre-Payment
VFH-18-007: Limousines & Luxury Vehicles
VFH-18-008: Taxicab Licence Lottery
Revision Date: July 4, 2018
Purpose: To outline the process for the conduct of a lottery to distribute additional taxicab licences.
Reference:
- Vehicle for Hire By-law 129/2017, section 72(3)(q)
General
In accordance with s.72(3)(q) of the Vehicle for Hire By-law and the direction of Council of December 13, 2017, additional taxi licences in the City of Winnipeg will be distributed through the conduct of a lottery. Sixty licences were issued effective March 1, 2018, with an additional 60 issued December 1, 2018. Further licences will be issued after 2018 based on the formula approved by Council and through a waiting list.
Definitions
“person” includes an individual, a partnership, and a corporation (including a cooperative)
“regulatory requirements” means all legal requirements including, where applicable, requirements for classification as an accessible taxi under the Vehicle for Hire By-law.
“taxi” means a vehicle for hire in respect of which a standard taxi licence or an accessible taxi licence has been issued
Applications
The City will accept completed lottery applications. Only the name(s) listed on completed application forms received prior to the application deadline will be entered into the lottery. This can be a personal name, partnership (registered or informal) or a corporation.
Only one application may be submitted by each unique applicant. A unique applicant is an individual person, a partnership (whether registered or not), or a corporation. Incomplete applications will be rejected.
Submission of applications must include payment of the standard City of Winnipeg administration fee. For 2018, the Council approved administration fee is $30.
Submission of multiple applications will result in the additional applications being excluded from the lottery and forfeit of the administration fee.
Conduct of the Lottery
The lottery will be conducted at a date and location set by the City in order to provide applicants and stakeholders with enough notice and time to participate.
The lottery will be conducted in accordance with the guidelines set out in the preceding schedules.
Issuance of Licences
Licences will be issued based on the order of names drawn in the lottery.
In general, the issuance of a taxi licence is subject to providing proof to the City of Winnipeg that the licence holder meets all regulatory requirements, and has a taxi that complies with the Vehicles for Hire by-law and Regulation VFH-18-002 and VFH-18-003.
Should the recipient of a taxi licence not meet the requirements or have a taxi prior to the indicated deadline, the taxi licence will be revoked. The licence will then be issued to the next person on the waiting list. This subsequent award of a licence will be subject to the recipient providing proof to the City of Winnipeg that they have a taxi that meets all regulatory requirements by a deadline as determined by the Designated Employee and communicated to the new awardee.
Any future taxi licences issued by the City of Winnipeg on the basis of the waiting list will be subject to the requirement that the recipient provide proof to the City of Winnipeg that they have a taxi that meets all regulatory requirements within 60 days of issuance of the licence.
Future Lotteries
Future lotteries may be conducted by the City of Winnipeg to issue taxicab licences and may follow in accordance with the VFH By-law and the guidelines issued in the Regulation.
Date of Issue: July 4, 2018
Supersedes Issue of: January 24, 2018
Schedule A – March 1, 2018 Lottery Licenses
Applications
Only the names listed on completed application forms received prior to the application deadline will be entered into the lottery. For the 2018 lottery, the application deadline is February 16, 2018.
Only one application may be submitted by a person. Incomplete applications will be rejected.
Submission of applications must include payment of the standard City of Winnipeg administration fee. For 2018, the Council approved administration fee is $30
Conduct of the Lottery
The lottery will be conducted by an external party under contract to the City of Winnipeg and will be held on Friday, February 23, 2018.
For the initial lottery to be held in 2018, all names listed on completed and submitted application forms will be drawn. The first 60 names drawn will be awarded a taxi licence in accordance with the guidelines below. The remainder of names drawn will form a priority list, based on the order that they were drawn, in the event that the recipient of a licence on March 1 does not meet the requirements outlined for issuance of the licence.
No person may have their name drawn more than once.
Issuance of Licences
Licences will be issued based on the order of names drawn in the lottery.
The issuance of a taxi licence on March 1, 2018 is subject to providing proof to the City of Winnipeg that the licence holder has a taxi that meets all regulatory requirements NO LATER than May 1, 2018.
Should the recipient of a taxi licence issued on March 1, 2018 not have a taxi prior to the indicated deadline, the taxi licence will be revoked. The licence will then be issued to the next person on the waiting list. This subsequent award of a licence will be subject to the recipient providing proof to the City of Winnipeg that they have a taxi that meets all regulatory requirements within 60 days of notification of the award of the licence.
Any future taxi licences issued by the City of Winnipeg on the basis of the waiting list will be subject to the requirement that the recipient provide proof to the City of Winnipeg that they have a taxi that meets all regulatory requirements within 60 days of issuance of the licence.
Future Lotteries
The lottery for the issuance of the additional 60 licences at the end of 2018 will follow the procedures with respect to conduct of the lottery, priority list and issuance of licences as outlined above.
Schedule B – December 1, 2018 Lottery Licenses (and future licence issuances)
Applications
The City will accept completed lottery applications. Only the name(s) listed on completed application forms received prior to the application deadline will be entered into the lottery. This can be a personal name, partnership (registered or informal) or a corporation.
Only one application may be submitted by each unique applicant. A unique applicant is an individual person, a partnership (whether registered or not), or a corporation. Incomplete applications will be rejected.
Submission of applications must include payment of the standard City of Winnipeg administration fee. For 2018, the Council approved administration fee is $30.
Submission of multiple applications will result in the additional applications being excluded from the lottery and forfeit of the administration fee.
Conduct of the Lottery
The lottery will be conducted by the City of Winnipeg Vehicles for Hire and will be held on July 25th, 2018.
Accessible taxi licenses will be issued in the lottery.
All names (personal, partnership and corporation) listed on completed and submitted application forms will be drawn. The first 60 names drawn will be awarded a taxi licence in accordance with the guidelines below.
There may be 2 lottery draws. Initially, 60 accessible taxicab licenses will be available. If all 60 licenses are accepted, then there will be no further licenses issued.
The remainder of names drawn, beyond the initial 60, will form a priority list, based on the order that they were drawn, and in the event that the recipient of a licence dated December 1 does not meet the requirements outlined for issuance of the licence.
No person or entity may have their name drawn more than once.
Issuance of Licences
Licences will be issued based on the order of names drawn in the lottery.
The issuance of a taxi licence at December 1, 2018 is subject to providing proof to the City of Winnipeg that the licence holder meets all regulatory requirements, and has a taxi that complies with the Vehicles for Hire by-law and Regulation VFH-18-002 and VFH-18-003 requirements NO LATER than September 7, 2018.
Should the recipient of a taxi licence issued on December 1, 2018 be unable to meet the requirements of a taxi license, or not have an acceptable taxi (or proof thereof) prior to the indicated deadline, the taxi licence award will be revoked. The licence will then be issued to the next person on the priority waiting list. This subsequent award of a licence will be subject to the recipient providing proof to the City of Winnipeg that they have an acceptable taxi that meets all regulatory requirements by a date as determined by the Designated Employee and communicated at the time of the award of the licence.
Any future taxi licences issued by the City of Winnipeg on the basis of the waiting list will be subject to the requirement that the recipient provide proof to the City of Winnipeg that they meet all regulatory requirements and can subject an acceptable taxi to inspection within a timeframe specified by the Designated Employee on the letter issued in respect of the license and determined at that time.
Future Lotteries
Future lotteries conducted by the City of Winnipeg for the issuance of licences may follow the procedures with respect to conduct of the lottery, priority list and issuance of licences as outlined above in either Schedule A or B.
Schedule C – Priority Waiting List
At the conclusion of the December 1, 2018 lottery licence issuance, a priority waiting list for both standard and accessible taxicab licences will be established from all randomly selected entrants who did not receive a licence. This list will be maintained on a yearly basis, and will be used whenever the City of Winnipeg issues new taxi licences (accessible or standard) due to cancellation of licences.
Entrants in the December 1, 2018 lottery issuance who are not chosen and awarded the opportunity for a licence will be put on the waiting list for future opportunities. Priority may be given to those on the accessible taxicab waiting list when new licences become available.
If there are sufficient numbers of accessible taxicab licence lottery entrants to award all 60 licences as accessible, then a second lottery to generate a standard taxicab licence waiting list will be conducted in the Fall of 2018.
The waiting list will be updated on a yearly basis, at October 1, 2018 (or the first business day thereafter) every year. An administrative fee will be levied in order to remain in priority order on the waitlist each year.
New applicants may be added to the waitlist at any time, subject to an administrative fee. They will be added at the end of the existing waitlist.