TOWN OF DALHOUSIE
BY-LAW NO. 202-18
AN AMENDEMENT TO BY-LAW NO. 202-14
A BY-LAW RELATING TO CABS AND CABDRIVERS IN THE TOWN OF DALHOUSIE
BE IT ENACTED by the Town Council of the Town of Dalhousie as follows:
1. In this By-Law:
“cab” means a motor vehicle having a seating capacity of not more than six (6) persons, exclusive of the driver, used in the transportation of individuals for gain.
“cab driver” means every person licensed to operate a cab under this By-Law.
“taxi stand” means a building from where the taxi business of two or more cabs shall operate.
1. (a) The owners of any cab operated for hire in the Town of Dalhousie shall not drive or operate such cab, or permit the same to be driven or operated without first having obtained from the Town of Dalhousie, a license to do so. The fees per year or fractional part thereof, for each motor cab shall be fifty ($50.00) dollars.
(b) A non-resident cab driver may carry passengers to the Town from beyond the Town limits and may carry said same passengers from point to point within the Town limits, if under continuous hire, and carry them out again; and said non-resident cab driver may pick-up passengers within the Town limits whose destination is beyond the Town limits, upon call or appointment, but shall not park on the Towns streets to solicit business.
(c) A non-resident cab driver shall not exhibit lighted taxi signs outside or inside his vehicle when travelling within the Town limits.
(d) A person prosecuted under this By-Law shall have the burden of proving that his passenger or passengers were picked up as a result of a call or appointment.
2. (a) no license shall be granted hereunder except upon sworn application by the applicant in writing to the Town Council, or designate, who shall be satisfied that the applicant is a fit and proper person to have such a license, and that his equipment therefore are in fit and proper condition and suitable for the purpose for which a license is sought. No motor cab license shall be issued unless such motor cab has affixed thereto a taxi registration plate as provided by the Province of New Brunswick.
(b) no license shall be issued under this section unless the applicant:
I. has a valid driver’s license issued by the Province of New Brunswick.
I. All licensed taxicabs shall be covered by Passenger Hazard and Public Liability Insurance, not less than the Provincial minimum. Every owner of such taxicab shall exhibit such automobile insurance policy when applying for a license or renewal thereof and shall carry same in his or her possession at all times.
II. Every Public Liability Insurance shall include an endorsement stating that the Town Council will be notified by the insurer issuing the said insurance should the said Public Liability Insurance be cancelled.
3. Every license issued under the authority of this By-Law shall expire on the thirty-first (31st) day of December of each year, unless revoked or cancelled previous to that date.
4. No such licensed cab shall be driven or operated or be under the care and control of any person other than the licensed owner, unless such driver, operator or person having the care and control thereof shall first obtain from the Town Council or its appointed representative, a cab driver’s license to do so. The fee per year, or fractional part thereof, for such driver’s license shall be thirty ($30.00) dollars.
5. Every owner of a Cab or Cabs, licenses as aforesaid, shall cause the number of each Cab, (number shall be furnished to him by the Town Clerk) to be placed in a conspicuous place on each such Cab and the Town Clerk keep a record of all such numbers.
7. (a) The Town Council or designate reserves the right to cancel any license issued under this By-Law subject always to a right of appeal to the Town Council, who may, after a hearing, confirm or remove such cancellation.
(b) The Town Council or designate reserves the right to limit the number of licenses issued under this By-Law in the Town of Dalhousie.
8. Every owner of a Cab licensed under this By-Law must maintain his cab in good repair, comfortable and clean.
8. Every driver of a Cab licensed as aforesaid shall, whenever required to do so by any police officer or constable, give official information with reference to the house or other place to which he has driven any passenger or passengers and the date thereof.
9. Notwithstanding other By-Law or the Motor Vehicle Act of New Brunswick, it shall be lawful for a person licensed under this By-Law to double park his cab for a time not exceeding two minutes for the exclusive purpose of loading or unloading, provided no parking space is available in the immediate area of the parking zone provided for by other By-Laws.
10. No Taxicab or cabs as defined above shall use any public street as a taxi stand or operate there from.
12. Any person or persons who shall violate any of the provisions of this By-Law shall, on conviction thereof, be liable to a penalty not exceeding five hundred ($500.00) dollars.
13. This By-Law repeals By-Law 202-14.
First Reading: March 19, 2018
Second Reading: March 19, 2018