Mr. Gerry K. J. Beck Appeal to ‘Independent Taxi Cab Colour Code’ Denial

Recommendation:
That the decision of the Edmonton Taxi Cab Commission regarding Mr. Gerry K.J. Beck’s request for unique colour approval on his taxi be upheld.

Issue Summary

  • Mr. Beck wrote the Taxi Commission on January 28, 1999 requesting that he be permitted to place a new taxi into service with a colour other than emerald green. His request was referred to the Taxi Commission Safety Sub-Committee for review.
  • On April 21st, 1999 the Taxi Commission Safety Sub-Committee recommended that Mr. Beck’s request be denied because it contravenes Taxi Bylaw #11093. The Taxi Commission unanimously passed a motion to deny Mr. Beck’s request as recommended by the Safety Sub-Committee.
  • Mr. Beck is now appealing the Taxi Commission decision to the Community Services Committee of City Council.

Report

  • In 1993 the Court of Queen’s Bench ruled that a taxi vehicle owner may operate independent of affiliation with a taxi broker, given compliance to all other Bylaw requirements.
  • In 1994, the Taxi Commission offered Mr. Beck temporary exemption from the Bylaw requirement specifying colour compliance. He was advised that he would be required to comply with colour compliance whenever he purchased a replacement vehicle.
  • The Taxi Bylaw No. 11093 was passed by Edmonton City Council on November 28, 1995. Part II, Section 11 (q) of this Bylaw, specifies that the Edmonton Taxi Cab Commission may make a regulation establishing the markings to be displayed on taxis.
  • Edmonton Taxi Cab Commission Regulation number 4.07 specifies that the Taxi Commission may designate distinctive colour or colour schemes for taxi brokers or independent driver owners.
  • The new Taxi Bylaw No. 12020, passed by City Council on May 4, 1999, specifies in Part II, Section 10 (e) that the Commission may approve specific colours and/or markings for independent taxi’s.
  • Mr. Beck’s request for a colour of his choice was studied by the Safety Sub-Committee and discussed at the April 21, 1999 meeting of the Edmonton Taxi Cab Commission. Input from the Law Branch was considered prior to finalizing their decision.
  • The Taxi Cab Commission maintains that specified distinctive colours and markings for taxi fleets assist customers accurately identify specific taxis in emergency situations.
  • The Commission further states that removing colour restrictions may result in independent taxis duplicating the colour and marking of brokers, drawing future criticism from another stakeholder in this industry.

Justification of Recommendation

  1. Allowing Mr. Beck to operate a taxi cab in any colour of his choice will pave the way for any independent taxi owner to do likewise. The Taxi Commission is confident that maintaining control over the colour schemes approved in Edmonton is of benefit to the public and the regulators alike.

Background Information Attached

  1. April 22, 1999 letter to the Office of the City Clerk from Mr. Gerry K. J. Beck regarding Independent Taxi Cab colour code.

Background Information Available on Request

  1. Previous correspondence from and to Mr. Beck on this colour issue.

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