DECISION AND ORDER 2018 NSUARB 39 M08491 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT. -and-

Transcription

1 DECISION AND ORDER 2018 NSUARB 39 M08491 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT -and- IN THE MATTER OF THE APPLICATION of A DAY BY THE SEA TOUR LIMITED to amend Motor Carrier License No. P03007 BEFORE: Roland A. Deveau, Q.C., Vice Chair DECISION AND ORDER WHEREAS A DAY BY THE SEA TOUR LIMITED of Lower West Pubnico, Nova Scotia (Applicant), made an Application to the Nova Scotia Utility and Review Board (Board) requesting to amend Motor Carrier License No. P03007 (License) to allow it to operate its equipment point out of the Halifax area instead of the Yarmouth area (Schedule F) and adding a new rate structure (Schedule D), as indicated in Appendix A attached hereto; AND WHEREAS after the Application was received by the Clerk of the Board on January 16, 2018, and finalized on February 14, 2018, under the Board s direction, the Notice of Amendment Application was published in the Royal Gazette on February 21, 2018, posted on the Board s website and forwarded to local carriers by , fax or letter;

2 -2- AND WHEREAS the Applicant stated the reasons for the Application included: A Day by the Sea Tour Limited has agreed to transfer Motor Carrier License P03007 to Absolute Charters Inc. (subject to the approval by the Board of the within requested amendments). As Absolute Charters Inc. is based out of Halifax rather than Yarmouth, the requested amendments are necessary to ensure the economical and effective use of Motor Carrier License P03007, which A Day by the Sea Tour Limited no longer uses nor intends to use. date of February 28, 2018; AND WHEREAS no objections were received by the Board by the stated AND WHEREAS the Board considered the Amendment Application and filed information by way of a paper hearing on March 1, 2018; IT IS ORDERED THAT the Amendment Application is granted, and the License be amended as attached hereto. DATED at Halifax, Nova Scotia this 1st day of March Clerk of the Board

3 -3- APPENDIX A Amend Schedule D to read as follows: RATES, TOLLS AND CHARGES: SCHEDULE D(1) School Ski Vehicle Description Per Km Live Per KM Dead Daily (10 hrs) Hourly Overtime Hourly Min. Charge (4 hrs or less) Layover Day Martock (M) Wentworth 2 Way Transfer Airport Transf. Cruise Rate Halifax (W) Port Pass Minicoach TERMS AND CONDITIONS 1. Charges: (1) Single Day Charters: Charges are the greater of the total kilometres or the applicable minimum, hourly, daily, and overtime hourly rates. (2) Multi-Day Charters: Charges are the greater of the total kilometres or applicable daily and layover day rates. (3) Additional: 1. All taxes, fees, tolls, parking, admissions, gratuities, etc., if not paid for directly by the charter group. 2. (a) Driver s meals and accommodations of $150 per day, if not paid directly by the charter group. (b) On multi-day charters, Driver s meals of $45.00 per day, if accommodations only are paid by the charter group. 3. Additional driver s costs if required. 4. Fuel Adjustment Mechanism. (4) Fuel Adjustment Mechanism (FAM): A FAM will apply to base charter price charged to the customer. It will be based on the wholesale price of diesel fuel charged to Absolute as of the date of this application - December 18, 2009 ( base fuel price ). The wholesale fuel price charged to Absolute is set weekly. It will be compared

4 -4-3. Commissions: against the base fuel price. The FAM will increase or decrease the base charter prices by 1% for every five cents per litre that the weekly wholesale fuel price increases or decreases from the base fuel price. The FAM will be determined at the time the charter price is calculated, and will be held for 30 days, or until the quote is turned into a contract, whichever comes first. (1) At the discretion of A Day by the Sea Tour Ltd., it may grant commissions up to 20% to any person or organization involved in operating group travel to the public, subject to the Minimum Charter Rates. 4. Special Rates Applicable from November 1 to May 31: The rates for school groups or a youth group for a single day charter: - 24/36 passenger coach $95.00 per hour 6. Tourism Promotion Trips: At the discretion of A Day by the Sea Tour Ltd., a person chartering a coach to familiarize travel agents, travel writers, tour operators and/or tourism department and agency employees with Nova Scotia and/or the Atlantic Provinces may pay reduced tariff charges, as determined by the company. 7. Cancellation Charges: (1) 29 or more days prior to charter date - No Charge (2) days prior to charter date -$ (3) 14 or less days prior to charter date - Full cost of charter 8. Payment terms: Full payment is due 14 days prior to the charter date. 9. Definitions for use of the vehicle: Airport Transfer: One-way transportation to or from the Halifax Stanfield International Airport within a 25-kilometre radius of downtown Halifax. Cruise Rate: Is for any part of a calendar day and is for the Halifax Port only. Daily: On a single-day charter applies for the 10th hour. On multi-day charters, Daily means any part of a calendar day. Deadhead KM: Any kilometre traveled without passengers. All trips begin and end at the equipment point.

5 -5- Equipment Point: The carrier s place of business, currently 6575 Bayne Street, Halifax, Nova Scotia. Highway Motor Coach: passenger vehicle which has three axles and a washroom. Hour: Any portion of an hour rounded up to the next hour. Hourly: On a single-day charter, applies to any hour from the Minimum Charge to 9 hours. Layover Day: Replaces the Daily rate on a multi-day trip when the vehicle travels 50 kilometres or less and the group remains at their location/hotel for the day. Live KM: Any kilometre traveled with passengers. Minimum Charge: Minimum amount charged to a customer. Overtime Hourly: Applies to any hour after 10 hours. School Ski: School ski groups from a 25 kilometre radius of Downtown Halifax to Martock or Wentworth ski hills between Monday to Friday during the ski season. 2 Way Transfer: A return transfer of the same group (one movement each way) within a 50 kilometre radius of downtown Halifax and within a 12-hour time period. Amend Schedule F to read: F(1) SPECIALITY IRREGULAR RESTRICTED AREA PUBLIC PASSENGER CHARTER SERVICE The transportation of any organized group, including school groups, from any point in Nova Scotia to any point within Nova Scotia one way, return, or the reverse thereof. F(2) SPECIALITY IRREGULAR RESTRICTED AREA PUBLIC PASSENGER CHARTER SERVICE The transportation of cruise ship passengers from any port in Nova Scotia to any point in Nova Scotia on sightseeing tours and return. F(3) SPECIALTY IRREGULAR PUBLIC PASSENGER CHARTER SERVICES The transportation of passengers from base Halifax to any point in Nova Scotia one way, return, or the reverse thereof.