Whitehorse Daily Star

Cab companies mull city's proposed new rules

New rules for taxi drivers are ready for the public's review.

By Gemma Karstens-Smith on July 13, 2011

New rules for taxi drivers are ready for the public's review.

After a long process which has included public and industry consultation, a new vehicle for hire bylaw will be posted on the city's website today. Interested parties are invited to look at the draft bylaw and submit their views over the next 30 days.

The draft being presented to the public is essentially the same as the document that came forward in

December 2010, Bylaw Services Manager Dave Pruden said at a press conference this morning.

"There were many controversial sections in the vehicle for hire bylaw that were taken out in 2010,” Pruden said.

Some sections that have been removed include the drivers' code of conduct and the first aid requirement.

References to food, sound and dress code have also been removed. These will now be regulated by the industry, Pruden said.

Another change to the bylaw is the tightening of restrictions around drivers with criminal records.

Anyone who has been convicted of a sexual offence, an offence related to homicide, kidnapping or abduction, robbery or extortion, or trafficking of narcotics, will not be eligible for a vehicle for hire permit.

Currently, those with such convictions are permitted to drive a cab five years after their conviction.

People with three or more other Criminal Code convictions, meanwhile, will have to wait five years to be eligible for a permit rather than the current three.

Another change is that drivers looking to obtain a vehicle for hire permit will need to write an open-book knowledge test based on the bylaw.

"That is to ensure they have a general understanding of the bylaw,” Pruden explained.

"It's not made to fail the drivers. It's made to have them actually go through and read the legislation and be aware of it and what their obligations are.”

Ninety-five people hold vehicle for hire permits.

Once the bylaw passes, current drivers will need to take the test before they can renew their permits.

The new bylaw also redefines when inspections are to be done on vehicles. Currently, inspections take place in the first week of February and in the middle of the summer. The new bylaw will require inspections in November and May.

"We want to make sure the vehicles are safe going into winter, not halfway through it,” Pruden said of the decision to move the inspection date from February to November.

Another change to the bylaw comes in the definition of base stations.

Currently, a base station is defined as "a stationary premise that provides two-way radio communication with operators of a vehicle for hire.” The new bylaw expands that definition to include stationary vehicles and hands-free cellphones.

Stationary is the key part of the new definition.

"They're not supposed to be driving around, writing down notes and not concentrating on the roadway,” Pruden said.

Questions were raised at the press conference regarding how the change in definition would affect safety.

Having a cell phone will allow the vehicle operator to call RCMP if they get into trouble, Pruden said.

"As far as being a passenger in the vehicle, having a base station doesn't guarantee safety,” he added.

"That's why we've put in the provisions and tightened up the provisions as it relates to the Criminal Code.”

Maximum fares are also changing under the bylaw. Currently, the maximum flag rate is $3.15 and the maximum for each addition 1/9 km is $0.20. That will jump to $4.50 for the flag rate and $0.25 for the distance.

Pruden said he looked at other jurisdictions when setting the rates.

"I tried to use areas that were relatively similar to Whitehorse,” he said, listing Yellowknife, Prince George and Fort St. John, B.C. as municipalities he looked at.

The fare schedule will be revised annually by the bylaw department.

How violations will be dealt with under the new bylaw will depend on the incident and the offence, Pruden said.

"It's very fluid in how we deal with it in the respect that every investigation is different, all the circumstances are different,” he said.

Complaints will continue to be dealt with through the bylaw department.

Both the public and the vehicle for hire industry brought significant issues with the current bylaw to the city, prompting the revision, Pruden said.

The revised bylaw comes out of a report prepared by Outside the Cube, an independent consultation

company the city hired to conduct consultations on the industry and the bylaw.

Pruden said they are hoping to begin the bylaw process in September and have the bylaw passed this fall.

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