Report to/Rapport au:
Community
and Protective Services Committee
Comité des services communautaires et de protection
and Council / et au Conseil
2 February 2007 / le 2 février 2007
Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/Directeur
municipal adjoint,
Community and Protective Services/Services communautaires et de
protection
Contact
Person/Personne ressource : Susan Jones, Director
By-Law Services/Services des règlements
municipaux
(613) 580-2424 x25536,
REPORT RECOMMENDATION
That the Community and Protective Services Committee
recommend that Council approve amendments to Schedule 2 of By-law 2002-189, as
detailed in document 1, to prohibit driving instruction within a defined area
adjacent to the Ministry of Transportation test facility at 5303 Canotek
Road.
RECOMMANDATION DU
RAPPORT
Que le Comité des Services communautaires et de protection recommande au
Conseil municipal d’approuver les modifications de l’annexe no 2
du règlement municipal 2002‑189, selon la description dans le document no 1,
afin d’interdire les leçons de conduite automobile dans un secteur délimité
près du Centre d’épreuve de conduite de Canotek au 5303, chemin Canotek.
EXECUTIVE SUMMARY
This report recommends restricting driving instruction within a defined area adjacent to the Ministry of Transportation Test Centre at 5303 Canotek Road. This action is recommended to stem the increased traffic volume created by driving school instruction on nearby residential streets.
A notice appeared in the Ottawa Citizen and Le Droit on January 26, 2007, and February 2, 2007 in Le Droit and February 3, 2007 in the Ottawa Citizen advising of the recommendation and inviting the public to present their comments, support or objections in writing before February 5, 2007, or in person at the February 15, 2007, Community and Protective Services Committee at which the recommendation will be considered. A similar notice was mailed to licensed driving school operators and driving school instructors during the week of February 5, 2007.
BACKGROUND
Section 150 of the Municipal Act grants municipalities the authority to license, regulate and govern any business wholly or partly carried on within the municipality even if the business is being carried on from a location outside the municipality.
On April 10, 2002, Council approved the licensing and regulating of Driving School Operators and Driving Instructors who operate within the City of Ottawa. Currently approximately 42 Driving Schools Operators and 113 Driving Instructors are licensed.
In October 2003, the Ministry of Transportation of Ontario established a Drive Test Centre at 5303 Canotek Road. Adjacent residential streets are used by Driving Schools for driver training.
In November 2005, the City of Ottawa notified licensed Driving Schools to modify their practice routes in order to reduce the related traffic volume on the residential streets adjacent to the testing facility.
ANALYSIS
Monitoring of residential streets adjacent to the Test Centre at 5303 Canotek Road revealed that a prohibition of driving instruction by licensed driving schools in the immediate vicinity of the test centre is justified. A similar provision enacted in the City of Toronto has been successful in reducing prohibited traffic within a designated radius around Test Centres.
A significant increase in traffic in the nearby residential area has been noted, and in 2006 alone some thirty (30) complaints have been received by Beacon Hill-Cyrville Ward’s Office. In addition to local residents, the Ministry of Transportation Test Centre at 5303 Canotek Road has voiced its concerns regarding the volume and frequency of driving school traffic in their test area.
Community and Protective Services recommends that driving schools be prohibited from offering driving instruction in the area North of Montreal Road, South of the Rockcliffe Parkway, West of Shefford Road and East of Blair Road as indicated in the proposed Section 20 and illustrated in Appendix “A” of the attached amending by-law.
The restriction does not affect the main roadways listed but includes the residential streets within the area bordered by the main roadways. Despite the restriction, driving instructors will be allowed to pick up and drop off students living within the restricted zone, and use of the driving school vehicle will be permitted within the area for driving exams conducted by the Ministry of Transportation.
If approved the proposed restriction will benefit area residents by reducing the influx of driving school vehicles and alleviate concerns related to people practicing three-point turns and parallel parking in their community.
Additional Supporting Information
In 2005, a notice was mailed to Driving School Operators to advise the driving instructors to modify their practice routes away from residential streets adjacent to the Test Centre. The notice further indicated that failure to achieve voluntarily compliance could result in the introduction of a chargeable offence under the Licensing By-law. The notice failed to produce the desired results.
On August 25,
2006, between 9:30 a.m. and 2:30
p.m. a By-law Officer monitored the traffic volume
surrounding the Test Centre at 5303 Canotek Road. The officer observed
10 driving school vehicles within the residential area adjacent to the testing
centre. Typically the driving school vehicles entered into the adjacent
residential area by way of Loyola Avenue. Of the 10 vehicles three accessed
Eastvale and then moved onto streets such as Casey, Hubbard and Bickerton. All vehicles were observed practicing
parallel parking and 3-point turns on the residential streets.
A number of complaints have been received alleging that some driving instructors are removing their vehicle markings (roof
signs) while in the area. This may indicate that Driving Schools are attempting
to conceal their activities and knowingly contravene the intent of the notice. Driving School roof signs warns other
motorists of the proximity of inexperienced drivers in training. As such,
removal of the roof sign is a violation of the Licensing By-law requirements
and creates a safety risk to the community.
CONSULTATION
A notice appeared in the Ottawa Citizen and Le Droit on January 26, 2007, and February 2, 2007 in Le Droit and February 3, 2007 in the Ottawa Citizen advising of the recommendation and inviting the public to present their comments, support or objections in writing before February 5, 2007, or in person at the February 15, 2007, Community and Protective Services Committee at which the recommendation will be considered. A similar notice was mailed to licensed driving school operators and driving school instructors during the week of February 5, 2007.
FINANCIAL IMPLICATIONS
There are no financial implications involved in this report.
SUPPORTING DOCUMENTATION
Document 1 – Proposed amending by-law to amend Schedule No. 2 of the Business Licensing
By-law Number 2002-189 - Respecting Driving School Operators and Driving Instructors.
DISPOSITION
Corporate Services - Legal Services Branch in consultation with By-law and Regulatory Services to process the proposed amending by-law to Council for enactment.
DOCUMENT 1 – Proposed Amending By-law
BY-LAW 2007-
A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the licensing, regulating and governing of Driving School Operators and Driving School Instructors.
The Council of the City of Ottawa enacts as follows:
1. Schedule No. 2, Driving School Operators and Driving School Instructors, of By-law No. 2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding the following heading and sections immediately after Section 19:
PROHIBITED
AREA
20. No licensee shall offer or provide or permit the offering or provision of driving instruction within the area bounded on the south by the north side of Montreal Road, on the east by the west side of Shefford Road, on the south by the Rockcliffe Parkway and on the west by the east side of Blair Road more particularly described in Appendix “A” and hereinafter referred to as the “Area”.
21. Section 20 shall not apply to:
(a) a licensee engaged in picking up or dropping off a student driver in the Area; or
(b) an official of the Ministry of Transportation when conducting the driving exam in a driving school vehicle.
2. This by-law includes Appendix “A” annexed hereto and Appendix “A” is hereby declared to form part of this by-law.
ENACTED AND PASSED this day of , 2007.
CITY CLERK MAYOR
