Multi Agency Taxi Cab Inspections

1. Multi Agency Taxi Cab Inspections Randy Charlton CPSO, MLEO(c), AMCT Coordinator Standards & Licensing Section Building & Licensing Division Planning & Development Department City of Hamilton

2. Multi Agency Taxi Cab Inspections • January 5, 2005 Council advised of Multi Agency Partnership • March 14, 15 & 16 2005 (unannounced) • Co-ordinated and facilities provided by the City of Hamilton

3. Agencies Involved In the Taxi Cab Inspections Ministry of the Environment Ministry of Transportation Standards & Licensing Hamilton Police Services

4. Why • Municipal Amalgamation in 2001 • Implementation of a Harmonized bylaw to regulate the taxi industry 2003 • Measure the effectiveness of the new Bylaw • Ensure compliance with other applicable legislation • Respond to a common enforcement concern • Ensure that standards are met and maintained within the taxi industry to protect public health and well being, and public safety and security in the City of Hamilton

5. Operational Plan • 2 City facilities were utilized to facilitate inspections • Teams from all agencies located at both locations • Concentrate on taxicabs older than six (6) years of age Plan A • Taxicabs would be called in for inspection chronologically by cab number Plan B • Attend locations throughout the City and instruct/escort taxicabs to inspection

6. Standards & Licensing Inspection Visual Exterior Inspection • Fenders • Door numbers • Tire condition • Exhaust • Lights • Roof light working with meter • Taxi cab plate taxi cab plate • Car wash • Emergency warning lights • Doors • Trunk lid • Hood • Bumpers • Grill • Hub caps • Door handles • Exterior moulding

7. Standards & Licensing Inspection Visual Interior Inspection • Front seat • Rear seats • Arm rests • Door panels • Window cranks • Headliner • Tariff card and bracket • Floor mats • Shampoo interior • Horn

8. Pursuant to the Environmental Protection Act • Specifically Ministries Drive Clean Program • visible smoke emissions • missing pollution control components • exhaust leaks Ministry of the Environment Inspections

9. Ministry of Transportation Inspections • Pursuant to the Highway Traffic Act • specifically Section 64 which states: “Every motor vehicle, other than a motorcycle, when driven on a highway shall be equipped with at least two braking systems, each with a separate means of application and effective on at least two (2) wheels, one of which shall be adequate to stop the vehicle as required by regulations made by the Ministry and the other of which shall be adequate to hold the vehicle stationary”

10. searching for taxicabs and then directing the taxicabs to the City facilities • Keep the peace • Ensure that taxicabs that had the Ontario license plates removed by the Ministries, were not driven on the road when released to the owners • Arranged a security tows Hamilton Police Services involvement

11. Standards & Licensing Statistics • Of the 130 taxicabs inspected 30 taxicabs or (23%) were instructed to undertake repairs and return for a re-inspection • In every case that the Ministry of Transportation removed an Ontario License Plate, City of Hamilton inspectors removed the City taxicab plate also. • 57 City taxicab plates were removed rendering these taxicabs out of service until the required repairs were completed • of the vehicles inspected by City of Hamilton for 2005 license renewal after January 20% were removed from service as a result of this multi agency inspection.

12. Standards & Licensing Statistics • Why were 20% of the taxicabs removed from service after being inspected by the City of Hamilton Taxicab Office only months before the multi agency taxi inspection • A combination of a number of factors contributes to this statistic, which include: bad safeties, vehicle age, mileage travelled, and a lack of an owner’s maintenance plan • Regulations are already in place regarding vehicle age however, policies regarding safeties and City inspection policies need to be reviewed

13. Ministry of Transportation Statistics • The Ministry of Transportation inspected 128 taxicabs during the multi agency taxicab inspections. • As a result for their inspections, the Ministry removed 49 Ontario license plates. • In three (3) cases the Ministry placed the taxicab out of service but did not remove the Ontario plate. • The most common violation found by the Ministry was for defective brake components specifically, the requirement to adequately hold the vehicle stationary or what can be referred to as the emergency brake. • As a result of the Ministry of Transportation inspections, 38 charges were laid with the fine of $110 per fine.

14. the Ministry of the Environment completed 120 taxicab inspection • 20 taxicabs were ordered to Drive Clean facilities for testing • The Ministry laid 14 charges and removed three (3) Ontario vehicle license plates Ministry of the Environment Statistics

15. Hamilton Police Services Statistics • Over the three (3) days of the multi agency taxicab inspections, Hamilton Police Services arranged 19 security tows • All other vehicles having the Ontario license plates removed were released by Hamilton Police Services and towed by the owners.

16. Standards & Licensing Initiatives as a result of the Multi Agency inspections • Regulations are already in place regarding vehicle age however, policies regarding safeties and City inspection policies need to be reviewed • City of Hamilton taxicab inspection staff has advised and provided cases to the Ministry of Transportation of the concerns surrounding a possible correlation between bad safeties and a taxicab owner also owning a motor vehicle garage providing a safety standards certificate to their own taxicabs. • To ensure a check and balance regarding safeties staff is of the opinion that a taxicab owner should be taking the taxicab to an independent licensed motor vehicle garage where the taxicab owner has no business interest. • The currant taxi Bylaw provides that licensed automobile mechanics issuing safety certificates to a licensed taxicab be approved by the city and the city will now develop the criteria to implement that requirement.

17. Standards & Licensing Initiatives as a result of the Multi Agency inspections • The multi agency inspections made it very clear that a more enhanced and indepth inspection is required to ensure safety issues are closley monitored. • Previous to amalgamation the former municipalities, including The City of Hamilton did not include as part of the taxicab vehicle inspection process an inspection of the vehicles braking system. This matter was judged to be dealt with through the receipt of a safety standards certificate from the taxicab owner. • However, as a result of the experience with the mulit agency inspections staff believes that although relying on saftey certificates submitted by the owners should be all that is needed, the number of infractions suggest that problems with the vehicle braking system are in fact not being picked up as part of the safety inspection. • As a result it was recommended that the City amend its policy to also include an inspection of the braking system.

18. Multi Agency Taxi Cab Inspections Summation • Results of the multi agency taxicab inspections support vehicle age regulations already set out in the bylaw, specifically older vehicles have a high probability of major defects. • In order to augment our current polices an expanded comprehensive policy manual to clarify what is and what should be included in a visual exterior and interior inspection of the taxicab vehicle and assessment of mechanical fitness and safety would assist in providing clarification to the taxi industry, stakeholders and licensed motor vehicle garages. • This taxicab inspection manual would outline all vehicle components and systems that are to be inspected, identify the risk level for the continued safe operation of the taxicab, the required action by the owner, driver or broker and the enforcement action as a result of defect.

19. Multi Agency Taxi Cab Inspections Summation • As a result of the multi agency inspection staff has already added to the inspection process a visual inspection of the braking system required to hold the vehicle stationary. • The Ministry of the Environment and Ministry of Transportation along with the Hamilton Police Services all believe that the multi agency taxicab inspections were very successful and have indicated a desire to conduct future cooperative inspections.

20. Recommendations to Council . • That staff be directed to explore the possibility of adding an inspection pit to the Taxicab Inspection Office to best respond to an improved taxicab inspections • That staff be directed to consult with the Taxi Industry, including stakeholders on the development of an expanded comprehensive policy manual for the inspection of taxicabs.

21. Media • Statistics from the multi agency inspections needed to be put into perspective • Media articles and reports of the taxicab inspections suggested that 50% of the taxicabs in Hamilton were unfit to be on the road. These reports were not put in the proper perspective given that only 130 vehicles out of 435 vehicles were inspected • The multi agency inspections targeted older taxicabs and subsequent inspection resulted in a number of taxicabs being removed from service • As a result of the inspections only 14% of the Taxi industry was affected.

22. Industry Protest Unfair Taxicab Enforcement