Decision (Applicant claims urgent public need )

Transcription

1 Decision (Applicant claims urgent public need ) Application: Applicant: BC Ltd. Trade Names: Osoyoos Taxi Address: PO Box 762, Osoyoos BC V0H 1V0 Principals: SINGH, Subag Special Authorization: Summary: Passenger Transportation Licence authorizes the applicant to operate passenger directed vehicles. The special authorization can be viewed in the PT Board Bulletin of February 22, 2006 at Amendment of Licence (PDV) (Section 31 of the Passenger Transportation Act) Proposed addition of Service 2 originating in the Town of Oliver and points within 16 kilometers of the Town of Oliver. Addition of Motor Vehicles (PDV) (Section 32 of the Passenger Transportation Act) Proposed addition of 2 motor vehicles for Service 2 to increase the maximum fleet size for passenger directed vehicles from 3 to 5 vehicles. Procedural Matters: Section 26(3) of the Passenger Transportation Act reads: (3) the board need not publish notice of the application or accept or consider any written submissions provided in respect of the application if the board is satisfied that there is an urgent public need for the service proposed in the application. The Board must first decide whether it is satisfied that an urgent public need exists for the service. If the Board is not satisfied that an urgent public need exists, the application must be published and submissions accepted before the application proceeds to the Board for a decision. If the Board is satisfied that an urgent public need exists for the proposed service, it may make an immediate decision on the application without the requirement for publication and submissions. A. Board Determinations: Urgent Public Need The Board is satisfied that there is an urgent public need for the service proposed in the application. B. Application: The terms and conditions sought by the applicant are approved in part, as outlined in the decision. Page 1

2 Background: The Town of Oliver council revoked the business licence of Jeffrey Fenton dba Oliver Taxi on September 13 th, 2010, effective October 1, The council also passed a resolution with the following: A. That the Passenger Transportation Board be informed of council decision to revoke the Oliver Taxi Business licence; B. That council requests the Passenger Transportation Board to expedite action to consider a new Taxi application; and C. That council requests that the Passenger Transportation Board permit other taxi services in the South Okanogan to operate in the Oliver Area in the interim. The applicant, BC Ltd., operates as Osoyoos Taxi. It has a current fleet of 3 vehicles authorized under Passenger Transportation Licence to originate in Osoyoos, and also within 16 kilometers to the north; to the US border south; within 74 kilometers east and 52 kilometers west. This application is for an amendment to this licence to add 2 vehicles that would provide a taxi service originating in Oliver. Oliver is located 21 kilometers north of Osoyoos. Reasons: A: Urgent Public Need Urgent is relevant to the public s need, not the applicant s. It is an exception to the public process for considering applications. Applicants must demonstrate to the Board that there is an urgent public need for the application to be processed without notice or consideration of submissions. In considering urgent public need, the Board may consider such things as: Whether other licensees are available to provide the service to the public. Whether there is a real public demand for the service. How the urgency came to exist. Whether any of the urgency was due to the applicant s delay. This application is the only one to date to provide a taxi service in Oliver. The urgency came to exist because the only taxi company in Oliver has stopped operating. I find there is an urgent public need for this service. The community will be without a taxi service. There is support for the service in the community. There is a carrier willing to provide the service. Application: The Board may approve an application forwarded to it under section 26(1) of the Passenger Transportation Act if the Board considers that, as set out in section 28(1): (a) there is a public need for the service the applicant proposed to provide under any special authorization. (b) the applicant is a fit and proper person to provide that service and is capable of providing that service, and Page 2 Application Decision Passenger Transportation Board

3 (c) the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia. The Board may approve a special authorization if all three provisions are answered in the affirmative. The Board may refuse a licence if any one provision is answered in the negative. In this application for an Urgent Public Need to amend the current licence to add 2 vehicles that would be based in Oliver, I find the applicant has satisfied the above three provisions. The applicant was asked to provide additional support to satisfy the public need requirement. His prompt response included a note from the Oliver Town Council supporting a temporary taxi operating permit for Osoyoos Taxi. A resolution is to be brought forward to the council on October 12 th, regarding a permanent taxi permit for the company. However, I feel waiting for this approval will delay the resumption of a taxi service even further and leave the community without this transportation option. An additional communication was received by staff at the Passenger Transportation Board from the corporate officer of the Town of Oliver. It re stated the recommendation for a temporary approval of a licence. In addition, it indicated that a number of Oliver business owners/residents have made inquiries about the process of securing a taxi licence. The Town of Oliver stressed that its support for Osoyoos Taxi is for an interim service. This was communicated to the applicant who replied: The temporary approval shall allow us time to serve in Oliver while it gives all parties time to decide on a permanent taxi service provider in Oliver. The company also provided 44 letters of support. Although it was a form letter, each was signed and the supporter identified. They were from the Chamber of Commerce, several doctors, wine companies and 30 individuals who live in Oliver. I find that Osoyoos Taxi has provided evidence of public need. As both the applicant and the Town of Oliver agree to a temporary service, I am approving the application for a nine (9) month term. This will give the applicant an opportunity to test the market and gain community support. As well, others will have an opportunity to submit applications. The principal of Osoyoos Taxi is Subag Singh, who has extensive experience in the taxi industry. Mr. Singh was involved with the BC Taxi Association for a number of years and has owned Osoyoos Taxi since We intend to start the business immediately after obtaining approval. Initial cash injection for vehicle costs, insurance, marketing, licensing etc. will be provided by our existing operations. Mr. Singh has 1 vehicle ready to operate. The information that was provided shows that the applicant has the understanding to manage, operate and maintain a reliable taxi service and has the financial capacity to do so. There is an established infrastructure for dispatch, maintenance of the vehicles and driver training. Two drivers have been hired and are ready to provide service in Oliver. I find that the applicant is fit, proper and capable of providing the requested service. The service re establishes a transportation option that should be available to customers. Impact on competitors is not an issue. Serving the communities of Oliver and Osoyoos, which are located Page 3 Application Decision Passenger Transportation Board

4 close together, with one company would seem to make good business sense. The applicant proposes to fill the void which would seem to promote sound economic conditions within the BC transportation industry. The rates for the new service are those approved by the Passenger Transportation Board on July 1, 2010 for BC Ltd. dba Osoyoos Taxi. Note: Activation: Service 2 is approved for a nine month term. If the applicant wishes to provide an ongoing service past the 9 month time frame, it must apply for a licence through the regular application process. In such a case, the application will go through the normal Branch and Board application process. The applicant is advised that Appendix B of the Board s Application Handbook sets out estimations of processing timelines for applications. As a general practice, it is best to submit an application as soon as possible. No vehicles may be operated under this Special Authorization unless a Passenger Transportation Licence has been issued by the Registrar of Passenger Transportation under section 29(1) of the Passenger Transportation Act. Unless otherwise specified by the Board, approval of this Special Authorization expires if the applicant has not received a licence issued by the Registrar within one year of the date of this decision. Special Authorization Sought: Proposed Terms & Conditions: Vehicles: Maximum Fleet Size: Passenger Directed Vehicle (PDV) The terms and conditions proposed below are in addition to the terms and conditions that were previously approved by the Board. 5 passenger directed vehicles 1 must be based in the Town of Oliver at all times Vehicle Capacity: A driver and not less than 2 and not more than 7 passengers. Express Authorizations: (i) Vehicles may be equipped with a meter that calculates fares on a time and distance basis. (ii) Vehicles may be equipped with a top light. (iii) Vehicles may, from within the originating area only, pick up passengers who hail or flag the motor vehicle from the street. Service 1: The following terms and conditions apply to Service 1. Originating Area: Transportation of passengers may only originate from any point in the Town of Osoyoos and within 16 road kilometers north, to the US border to the south, within 74 road kilometers east and within 52 kilometers west. Destination Area: Transportation of passengers may terminate at any point in British Columbia and beyond the British Columbia border when engaged in an extra-provincial undertaking. Page 4 Application Decision Passenger Transportation Board

5 Return Trips: The same passengers may only be returned from where their trip terminates in the destination area to any point in the originating area if the return trip is arranged by the time the originating trip terminates. Service 2: The following terms and conditions apply to Service 2. Originating Area: Transportation of passengers may only originate from any point within 16 road kilometers of Oliver. Destination Area: Transportation of passengers may terminate at any point in British Columbia and beyond the British Columbia border when engaged in an extra-provincial undertaking. Return Trips: The same passengers may only be returned from where their trip terminates in the destination area to any point in the originating area if the return trip is arranged by the time the originating trip terminates. Term of Licence Service 2 expires 9 months from the date of issuance and may not be renewed. Taxi Cameras: Taxi camera equipment may only be installed and operated in vehicles when the licensee is in compliance with applicable taxi camera rules, standards and orders of the Passenger Transportation Board. Transfer of a licence: This special authorization may not be assigned or transferred except with the approval of the Board pursuant to section 30 of the Passenger Transportation Act. Board Panel Chair: Brenda Brown Determination Date: October 5, 2010 Page 5 Application Decision Passenger Transportation Board