What the new taxi bylaw means
TheRecord.com
June 9, 2016
Paige Desmond
WATERLOO REGION — There could be some advantages for passengers when a new vehicle for hire bylaw goes into effect in Waterloo Region in October.
On Wednesday, Region of Waterloo politicians endorsed most of a draft bylaw, with revisions, that will replace the existing taxi bylaw. They asked for more information on at least one item.
The major change in the bylaw would be that ride-hailing and other new transportation services would be made legal.
"I think it's part of our transportation master plan to have all kinds of different options for residents of the region," Coun. Geoff Lorentz said.
But with that allowance comes a host of other changes to update the bylaw that hasn't seen a major overhaul in about a decade.
Regional Chair Ken Seiling said there were several goals.
"The intent, I believe, was to recognize new technology in services to provide increased choice in transportation, to provide a framework that ensures public safety for all of those choices and to create a more level playing field," he said. "In doing so, it will hopefully allow changes in the taxi business which will allow it to adapt and survive."
Politicians will finalize the bylaw in August.
Choice
Though many residents have taken advantage of Uber rides during its period of illegal operation, which launched in July 2015, if the service is made legal there will be more choice for consumers.
With the bylaw change, officials expect new vehicle for hire services to spring up.
"When there's more choice and there's more competition generally service levels go up and prices are moderated, so from the consumer point of view that should be a good thing," Coun. Tom Galloway said.
Uber officials say there are about 900 local Uber drivers.
According to a regional report in April, there were 368 regular and accessible taxi owner licences and 659 licensed drivers.
About 11 per cent of licence owners don't drive their vehicles. Most contract drivers keep a percentage of what they make and give the rest to the owner.
Coun. Jane Mitchell, who chairs the licensing and hearings committee, said she isn't certain prices will drop drastically.
"I don't know whether the prices will go down as much as people think they will, but other than that I think it's actually really good for passengers," she said. "Now they'll be able to get their ride and know that at least it's been vetted."
Fares
Brokers would be able to offer discounted fares at their discretion, which could save passengers money.
Under the current bylaw, the initial meter fare is $3.50 and then $2.10 per kilometre. Taxis charge $31.20 per hour for waiting or contracts.
Those rates would serve as a maximum and companies couldn't charge more.
It's at the discretion of the individual taxi companies whether to discount fares.
Auxiliary taxis would be able to set their own fares.
Consumer protection
Right now, passengers can make complaints about the service they receive in a taxi to the region's licensing and enforcement office. Enforcement then contacts the taxi company to try and resolve the issue. Corrective action may be taken by the broker or, if the matter is serious, the region may investigate, which could include contacting police.
Cabbies must also submit to criminal background checks, training and other screening processes.
Because the region does not currently regulate Uber, enforcement is a bit tricky. The same complaint resolution process isn't in place.
Since Uber launched here in July of 2015, there have been six drivers charged for driving without a taxi meter. Those charges will be dealt with in provincial offences court in September.
With implementation of the vehicle for hire bylaw, residents will be able to take complaints about Uber service to the region, with the vehicle for hire bylaw to fall back on.
Uber drivers would also have to submit to the same background checks and vehicle inspections as cabbies.
Politicians endorsed requiring all traditional taxicabs to install closed circuit cameras to protect passengers and drivers.
Some drivers voluntarily installed the cameras in the last 18 months or so after a series of sexual assault accusations against drivers.
One driver was convicted of sex assault and sentenced to 90 days, while a second was convicted of an indecent act and received probation. Two drivers were acquitted and one agreed to a peace bond when charges were dismissed.
Charges against a sixth were withdrawn in a Guelph court.
Under proposed rules, taxis could drop the cameras if they had apps similar to those of Uber, and met other requirements.
Still to be determined, however, is whether to force auxiliary taxis to have cameras. Regional staff recommend not doing so, saying the Uber app allows passengers to see their driver in advance and the ride is tracked by GPS.
Mitchell said there are concerns about access to the information by enforcement officials, among other questions.
Politicians asked staff to bring back more information in August on cameras in auxiliary vehicles.
"That may actually be a deal breaker, whether or not Uber would be able to comply with that," Galloway said.
Politicians will decide the question in August.
Accessibility
Even though auxiliary taxis won't be required to meet regional accessibility rules, officials say that won't impact the available supply of accessible transportation.
Under the existing bylaw, seven per cent of the traditional taxi fleet must be accessible by 2017.
Non-traditional taxis wouldn't have to meet those targets, but they would have to pay $100 per vehicle into a special fund.
The goal of the fund would be to either get more accessible vehicles on the road or to enhance existing accessibility programs.
Regional accessibility staff, the Grand River Accessibility Advisory Committee and other stakeholders would develop a plan for the funds.
A final bylaw will be brought to council in August for approval. The new bylaw would go into effect Oct. 1, 2016, a long way from the Jan. 1 date initially envisioned.
To read more on the bylaw go to http://www.regionofwaterloo.ca/en/regionalgovernment/bylawenforcement.asp.
