Section 39.1 Picking up passenger for compensation prohibited without licence, etc.

Ontario

Highway Traffic Act

Part IV: Licenses

(1) A driver of a motor vehicle other than a bus shall not pick up a passenger for the purpose of transporting him or her for compensation where a licence, permit or authorization is required to do so by,

(a) the Public Vehicles Act;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 39.1 (1) (a) of the Act is repealed. (See: 2020, c. 34, Sched. 23, s. 7 (7))

(b) a municipal by-law passed under Part IV of the Municipal Act, 2001;

(b.1) a city by-law passed under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006;

(c) a regulation made under the Department of Transport Act (Canada); or

(d) an airport or airport authority,

except under the authority of such licence, permit or authorization. 2005, c. 26, Sched. A, s. 4; 2015, c. 27, Sched. 7, s. 13 (1); 2020, c. 29, Sched. 2, s. 1 (1).

Same

(2) The owner of a motor vehicle other than a bus shall not permit the motor vehicle to be driven by a person who the owner knows or has reason to believe intends to contravene subsection (1). 2005, c. 26, Sched. A, s. 4.

Same

(3) No person shall arrange or offer to arrange for a passenger to be picked up in a motor vehicle other than a bus for the purpose of being transported for compensation except under the licence, permit or authorization that is required to do so, as described in subsection (1). 2005, c. 26, Sched. A, s. 4; 2015, c. 27, Sched. 7, s. 13 (2).

Documents to be carried and surrendered

(4) Every driver of a motor vehicle other than a bus who picks up a passenger for the purpose of transporting him or her for compensation where a licence, permit or authorization is required to do so, as described in subsection (1), shall,

(a) carry the original or a copy of the required licence, permit or authorization; and

(b) upon the demand of a police officer or officer appointed for carrying out the provisions of this Act, surrender the original or copy of the required licence, permit or authorization for reasonable inspection. 2005, c. 26, Sched. A, s. 4; 2015, c. 27, Sched. 7, s. 13 (2).

Officer may require identification

(5) A police officer or officer appointed for carrying out the provisions of this Act who has reasonable and probable grounds to believe that a person has contravened subsection (3) may require that person to provide identification of himself or herself. 2005, c. 26, Sched. A, s. 4.

Same

(6) Every person who is required to provide identification under subsection (5) shall identify himself or herself to the officer and, for that purpose, giving his or her correct name, date of birth and address is sufficient identification. 2005, c. 26, Sched. A, s. 4.

Same

(7) A police officer may arrest without warrant any person who does not comply with subsection (6). 2005, c. 26, Sched. A, s. 4.

Offence

(8) Every person who contravenes subsection (1), (2), (3), (4) or (6) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $30,000. 2020, c. 29, Sched. 2, s. 1 (2).

Consent to prosecutions

(9) No prosecution shall be instituted under this section without the consent of a police officer or officer appointed for carrying out the provisions of this Act. 2005, c. 26, Sched. A, s. 4.

Regulations

(10) The Minister may make regulations,

(a) exempting any area of Ontario from this section;

(b) exempting any person or class of persons from this section and prescribing conditions for such exemption;

(c) exempting any motor vehicle or class or type of motor vehicles from this section and prescribing conditions for such exemption;

(d) prescribing circumstances under which any person or class of persons or any motor vehicle or class or type of motor vehicles is exempt from this section. 2005, c. 26, Sched. A, s. 4.

Definitions

(11) In this section,

"driver" includes a person who has care or control of a motor vehicle; ("conducteur")

"owner" means, in the absence of evidence to the contrary, the holder of the permit or the plate portion of the permit for the vehicle. 2014, c. 9, Sched. 2, s. 12; 2020, c. 29, Sched. 2, s. 1 (3).

© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.