PIC: Potential Regulation of Driving Instructors in the Town of Newmarket. Information Package

Transcription

1 PIC: Potential Regulation of Driving Instructors in the Town of Newmarket Information Package Contact us: Legislative Services Department: ext or ext Or in person at the Municipal Offices (395 Mulock Drive)

2 BACKGROUND INFORMATION DriveTest Centre in Newmarket - Located at 320 Harry Walker Parkway South - Residents and Councillors have expressed concern due to the heavy use of residential streets surrounding the DriveTest Centre by both DriveTest Examiners and Driving Schools/instructors Ministry of Transportation Regulations and Requirements - The Provincial Government (Ministry of Transportation) is responsible for the licensing and regulation of Driving Schools, Instructors and Vehicles through the Highway Traffic Act. - Ontario Regulation 473/07 of the Highway Traffic Act provides regulations for Driving Schools, Instructors and Vehicles in various areas including: safety standards, vehicle insurance requirements, beginner education curriculum, operating guidelines, and driving instructor licensing requirements. DriveTest Statistics - Duration of test (G2)- 35 Minutes - Duration of test (G)- 40 minutes - Average Number of Examiners per day: 13 - Average Number of Tests per day (G1): 66 - Average Number of Tests per day (G2): Number of Test Routes used by DriveTest examiners: 4 routes for G2 test, 4 routes for G test

3 Certified Driving Schools and Driving Instructors are issued a licence by the Ministry of Transportation (MTO). Requirements for Driving Instructors (DriveTest Driving Instructor Licence): - Holds a valid Ontario driver s licence (other than class G1, G2, M1, M2, or M(L)) - Be 18 years of age or older - Have no demerit points on your driver s record - Pass a terminal check at the DriveTest Centre to ensure you meet licensing requirements - Meet Ministry of Transportation (MTO) vision standards - Pass a G1 knowledge test (there is a one-year wait period following two unsuccessful attempts) - Pass a Class G road (highway) test (there is a one-year wait period following two unsuccessful attempts). - Pass a vulnerable sector check - Complete a MTO-approved driving instructor s course How does the Ministry of Transportation Enforce Driving Instructor and Driving School Licence requirements? - Regulates Driving Schools, Instructors and Vehicles through Regulation 473/07 which sets out all licence and business requirements - Provides the Beginner Driver education Guidelines (curriculum) - Investigates violations which can result in revocation of licence for both individual instructors and businesses - Conducts spot tests at DriveTest Centre locations to check Driving Instructors for certification and ensure compliance with provincial requirements and regulations - MTO continuing to crack down on unlicensed instructors and businesses

4 What the Town of Newmarket Can and Cannot Do? 1) The Town cannot impose changes to the DriveTest Centre test/exam routes, or require DriveTest examiners to use different streets when conducting driving tests. The Town can request that DriveTest/MTO add additional driving exam routes to alleviate traffic on streets currently used for driving tests. Since the DriveTest Centre opened, at least one additional test route has been added. The Town can express to DriveTest management and the MTO that Newmarket residents are concerned about traffic and safety in their residential neighbourhoods. 2) The Town cannot impose restrictions on where and when DriveTest Centre or examiners can operate. The Town can propose and implement regulations for Driving Schools/Instructors to decrease the number of additional vehicles using the test route streets on a daily basis. We are aware that Driving Schools/Instructors may frequently take their students on the test routes to practice for an upcoming driving test. However, the Town cannot dictate where the DriveTest Centre is located, or what streets DriveTest examiners use for driving tests, as this is within provincial jurisdiction and determined by the Ministry of Transportation. 3) The Town cannot move the DriveTest Centre to another location or municipality. Staff have asked the MTO if there are plans to develop another DriveTest Centre location elsewhere in York Region, hoping this might reduce the number of people using the Newmarket DriveTest Centre. At this time, the Ministry of Transportation does not have plans to re-locate the Newmarket DriveTest location or to open an additional location elsewhere in the region.

5 Why can t the DriveTest examiners use dead end streets or busier streets outside of my residential neighbourhood? The MTO requires each test route to meet the following criteria: G2 Requirements (G1 Exit Test) good cross section of traffic activity, both vehicle and pedestrian intersection controlled by traffic lights uncontrolled intersections intersection controlled by stop and/or yield signs multi-laned street for the purpose of lane changes two to four right turns two to four left turns one way street(s) turn from and to one way street(s) location for the purpose of parallel parking location for a start and stop on a grade three-point turns G Licence Requirements (G2 exit test) 2 business sections with straight streets 2 residential or rural sections, 2 expressway sections 4 right turns 4 left turns 2 stop intersections 2 through intersections 2 curves 1 roadside stop 1 parallel park 1 three-point turn 2 business sections 2 lane changes in each business section, 2 expressway sections 2 lane changes in each expressway section - Each test route must meet these requirements and be in a close enough proximity to the DriveTest Centre to be completed in the time allotted - Test routes are developed by the DriveTest Centre and then reviewed and approved by the Ministry of Transportation

6 Potential Regulation: Driving Instructor By-law - Currently the Town does not regulate Driving Schools, Instructors or Vehicles as this is done at the provincial level by the Ministry of Transportation - To address concerns, the Town has developed options for regulating Driving School Instructors operating in the Town of Newmarket Why Driving Instructors? - Staff feel that licensing and regulating Driving Instructors will be the most effective method - Driving Instructors, regardless of whether they operate their own business or are employees of a registered Driving School, will be required to register for a Town of Newmarket Licence - The Licence will correspond with the Driving Instructor himself/herself rather than the Driving School Business or the vehicle used - When registering, the instructor must show proof of a valid MTO Driving Instructor Licence o This ensures that all other provincial requirements have been met, such as: training and education, vehicle insurance and safety standards, criminal background check etc. - Since Driving School Businesses, Instructors and Vehicles are already regulated at the provincial level, it would be redundant to duplicate this process o However, a form of licensing and registration of Driving Instructors may assist in identifying Driving Instructor s vehicle on the road (licence plate or decal) and will provide staff with the opportunity to explain regulations (such as the Restricted Area) to Driving Instructors when they register with the Town o Will apply to all Driving Instructors operating in the Town, regardless of what municipality they work out of (e.g., if a Driving Instructor from Markham is operating in Newmarket, they will still be required to have a Town of Newmarket Licence)

7 Option 1: Regulation Option 2: No Regulations - By-law will include a Restricted Area - Staff will work collaboratively with various where Driving Instructors are not permitted Driving Schools/Instructors and ask them to to provide driving instruction (lessons, refrain from using the DriveTest exam routes practice testing, practicing various for driving lessons and practice maneuvers) - Staff work collaboratively with DriveTest -Boundary provided by DriveTest that management to determine which Driving encompasses the streets used for driving Schools/Instructors are routinely using the tests DriveTest routes - Restricted Area in place during DriveTest -Schools/Instructors that continually use the Business Hours (Monday-Friday, 8:00 a.m. MTO test routes can be issued a letter from 5:00 p.m.) DriveTest (warning/banning from DriveTest - Driving Instructors register with the Town Centre) and receive a licence plate or decal to place - Staff can work with local driving schools to on their vehicle develop traffic mitigation plan and spread - All Driving Instructors must register and out the routes they use for lessons evenly place the licence plate/decal on their vehicle around the Town when they are providing driving instruction in the Town, regardless of where their business (e.g., Driving Schools/Instructors from Markham are still required to register and obtain a Town of Newmarket licence)

8 Regulation (Restricted Area) Potential Benefits - Will reduce additional traffic caused by Driving School Instructors using the residential streets that are part of DriveTest exam routes - Provide DriveTest Examiners with routes clear of driving school/ instructors vehicles - Restricted Area that can be enforced through complaint-based and blitz enforcement - Time of day restriction provides Driving School/Instructor students the option of practicing in the Restricted Area outside of DriveTest business hours (Monday-Friday, 8:00 a.m.-5:00 p.m.) - Restricted Area-Time of Day still effectively reduces traffic congestion, as vehicles being used for DriveTest exams and Driving School/Instructors and their students will not be using the same roads at the same times - Registration with the Town provides Driving Instructors with a licence plate or decal that they must affix to their vehicle when operating in the Town Concerns - Challenging to enforce with current staff resources, would not be possible to have constant monitoring of Restricted Area - Inconvenient for Driving School Instructors and students who live in the Restricted Area o There is also a Secondary school in the Restricted Area that might be affected if students schedule driving lessons through their school - If the DriveTest routes change or new streets are added, the Restricted Area will need to be updated - As many students use Driving Instructors vehicles when taking their driving test, it will be important for staff and residents to realize that some Driving School/Instructor vehicles will still be on the streets in the Restricted Area o DriveTest examiners wear blue uniforms, which will identify the vehicle as being used for a DriveTest exam o Potentially develop a Driving Test in Process decal for DriveTest employees to distribute to Driving Instructors, Driving Instructors would then place the decal on their vehicles when the vehicle is being used by a student for a driving test - Even with restricted area, traffic may not decrease substantially as the DriveTest Centre will still be using the same streets for testing

9 No Regulations Potential Benefits - Town will consult and collaborate with Driving Schools to determine what streets are frequently used for driving instruction and try to develop mitigation plans - Work with DriveTest, Driving Schools and residents to report out of town Driving Schools that continually use the DriveTest exam routes - Enforcement is still possible: o DriveTest has a process in place to send warning letters to Driving Schools and, if they do not comply, the DriveTest Centre can ban them from booking tests at that location for a certain amount of time - Will not require additional time, staff, and resources for a new registration system, monitoring of licences, issuing plates, collecting fees, patrolling of Restricted Area and blitz enforcement strategies - DriveTest has already added an additional test route to attempt to alleviate traffic for local residents, and are currently exceeding the number required by MTO - Number of tests per day predetermined by DriveTest Centre so the amount of testing is consistent - Although the Town has received complaints from residents, there is no indication that vehicles used for DriveTest exams and driving instruction have create unsafe conditions for residents - Staff contacted YRP to inquire as to whether or not there has been an increase in accidents surrounding the DriveTest Centre- there is no data that can be linked to accidents caused by Driving School Instructors/students as this information is not recorded on accident reports Concerns - Does not provide a method of enforcement should Driving School/Instructor vehicles continue to use the streets

10 RINGWELL DR = STELLAR DR =====i,r=~;===l-!=-1 Legend Proposed ~1 - Restricted Area = = Road Railway Municipal Boundary rr f //CL --=, Newma rket Designed & produced by Information Technology - GIS Printed: November, ::::::::a-=::::::a Metres (~ '0,,_) '\I SOURCES: RailWjy, Roads, Municipal Boundary- G eomati cs D i...;sion, The Regi ons Municipality of 2016; A.II d:her Data Layers - The ToVlfl of Newnarket, DISCLAIPuER: This rnappil'l] is II repn5entation of the earth's s.arface an:1 provides estirrates of area and distan:e. The irformstim depid ed on ttis rnap has been corpliledfromuarious soln:es. While evay effcri has been milldeto accuratdy depict 1he irforrn1tim, datalnbpping errors may exist. This m1p has been produced fo.- illustratiue purposes only. IT IS NO T A SUBSTITUTE FOR A LE GAL SUR\IEV.

11 Considerations - DriveTest driving exams will still be taking place on the streets in the Restricted Area - Driving School/Instructor vehicles will be in the Restricted Area when they are being used by a student for their driving test - Driving School/Instructor vehicles may be in the Restricted Area when they are picking up or dropping off a student who resides in the Restricted Area - Driving School/Instructor vehicles may be in the Restricted Area when they are picking up or dropping off a student who attends secondary school in the Restricted Area How will this work? - When students are using driving instructor vehicles to take their exams, the passenger will be a DriveTest employee wearing a blue uniform o May consider a Driving Test in Process sign/decal to be placed on Driving School/Instructor vehicle when it is being used by a student for a DriveTest exam - When Driving Instructors register with the Town, they will be given an information package about the regulations and restrictions Enforcement Strategy - Enforcement team will not be able to monitor the Restricted Area on a daily basis it will be monitored through blitz enforcement - Enforcement will be targeted towards Driving Schools/Instructors who continually use the exam routes - Enforcement team will conduct spot checks at DriveTest Centre to check and see if Driving Instructors have a licence and have registered with the Town monthly - Communication with driving schools to send warnings and make them aware of the new regulations - Staff will explore the potential for technology to assist with complaints (e.g. Online reporting) - Please note: By-law Officers do not have the authority to pull cars over on the roads

12 Objectives for the licensing and regulation of driving school instructors: Address public concern over safety by registering Driving Instructors who hold a valid MTO licence Keep licensing fees and requirements low, and fines high to encourage Driving Instructors to register with the Town and obtain a licence By-law will provide the Town with a method of enforcement (warning, fine etc.) A Restricted Area during DriveTest business hours will remove the additional Driving School/Instructor vehicles from the test route streets and surrounding areas DriveTest examiners and Driving School Instructors will not be utilizing the same residential streets at the same time o Driving School/Instructor vehicles will not be in the area during DriveTest Centre Hours UNLESS the driving school vehicle is being used for a test, driving to and from the DriveTest Centre, or picking up/dropping off students who resides in the Restricted Area o If a Driving School/Instructor vehicle is being used for a test, the passenger in the vehicle will be a DriveTest Examiner (in uniform)

13 Please let us know: Driving Schools/Instructors: - How would these options impact you and/or your business? - Do you feel like the regulations are reasonable? - Do you have any suggestions or comments for staff about the potential regulations? Residents: - Do you have any further questions that have not been addressed? - Do you have any suggestions or comments for staff about the potential regulations? Next Steps - Public/Industry feedback to be received by December 20 th, 2016 or by to clerks@newmarket.ca - Continue to consult with MTO and DriveTest Centre about new route options and enforcement strategies o Discuss the logistics of Driving Test in Process decal with DriveTest Centre management - Draft by-law and staff report to Committee of the Whole in January, Council decision