Streamlined Application Decision Perimeter Seating Bus New Special Authorization

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1 Streamlined Application Decision Perimeter Seating Bus New Special Authorization Application # 122/15 PSB Trade Name (s) Crown Limousine Applicant DHILLON, Gurjinder Singh Address A Street, Surrey BC V3W 6Z9 Current Licence General Authorization Licence #71673 Application Summary Date Published in PSB Application Bulletin Submitters (and representatives) New Special Authorization: Passenger Directed Vehicles Limousine service with a perimeter seating bus (PSB) in the Lower Mainland and Whistler. 1 vehicle Rates The Board is setting the minimum and maximum hourly rates and rules governing perimeter seating buses. April 8, 2015 none Board Decision The special authorization is approved. Terms and conditions of licence are as set out in the decision. Rates are as set out in in this decision. Decision Date April 17, 2015 Panel Chair Brenda M. Brown Page 1 Application Decision Passenger Transportation Board

2 1. Introduction On February 26, 2015, the provincial government amended the definition of passenger directed vehicle to include vehicles with primarily perimeter seating regardless of seating capacity. This amendment brings stretch SUVs and limo buses into the Special Authorization (SA) licence category. We refer to vehicles with perimeter seating that have a seating capacity of 12 or more passengers as perimeter seating buses (PSBs). Current operators licensed under the General Authorization (GA) category and using perimeter seating buses must have a Special Authorization licence by May 1, 2015 or they cannot operate the vehicles. The Board has developed a streamlined application process to facilitate the transition from a GA licence to an SA licence for PSBs. The applicant is applying under this streamlined application process for a new SA licence. 2. Background The applicant, Gurjinder Singh Dhillon dba Crown Limousine, began operating one PSB under a General Authorization licence in February Between March 1, 2013 and March 1, 2015, the applicant operated 1 perimeter seating bus. The applicant operates its PSB primarily in the Lower Mainland and Whistler. The applicant submitted a streamlined application package with completed forms, resume of the principal and income statements. 3. Relevant Legislation Division 3 of the Passenger Transportation Act (the Act ) applies to this application. The Act requires the Registrar of Passenger Transportation to forward applications for Special Authorization licences to the Passenger Transportation Board (Board). Section 28(1) of the Act says that the Board may approve the application, if the Board considers that: Page 2 Application Decision Passenger Transportation Board

3 (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 (c) the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia. I will consider each of these points in making my decision. 4. Submissions and Applicant s Response No submissions were received. 5. Reasons for the Board s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? The applicant reports that from January 2013 to March 2015, it has operated up to 1 vehicle at one time. Mr. Dhillon reports that service is provided for special occasions, sightseeing, point to point destinations and airport transfers. The 13 passenger PSB usually picks up passengers in Surrey/Delta/ Langley/ Maple Ridge and Port Coquitlam. The applicant noted business relationships with various wedding planners. Trip data complete by the applicant shows a 5% increase in total trip volume from 2013 to Based on the information provided, I find that the applicant has established that a public need exists for the continuation of this PSB service under a Special Authorization licence. (b) Is the applicant a fit and proper person to provide that service and is the applicant capable of providing that service? The Board looks at fitness in two parts: Page 3 Application Decision Passenger Transportation Board

4 (i) (ii) is the applicant a fit and proper person to provide the proposed service; and is the applicant capable of providing that service? The applicant s National Safety Code rating is Satisfactory-Unaudited. The condensed operating plan outlined management and staffing structure, driver hiring/training and fleet maintenance procedures. The applicant states that this is a family business. Mr. Dhillon is the owner and maintains the vehicle. His resume indicates extensive truck driving experience Gurinder Dhillon is responsible for reservations, marketing and accounting. The financial statements for the years ending 2012 and 2013 indicate an increase in revenue and net income. The required disclosure forms were completed and indicate no discrepancies. The applicant signed the Liquor Control & Licensing Act Declaration declaring, among other things, that it will operate its vehicles in accordance with that Act. Based on the information before me, I find that the applicant is fit, proper and capable of providing the PSB service for which he has applied. (c) Would the application, if granted, promote sound economic conditions in the passenger transportation business in British Columbia? The regulatory amendments require that all limousine operators using perimeter seating buses have a Special Authorization licence. This creates rate fairness and contributes to operational stability for the limousine sector. The applicant has been operating under GA licence # since February There is a market for the vehicle the applicant is using. For these reasons, I find that approving this application will contribute to the sound economic conditions in the limousine industry in the Lower Mainland. Page 4 Application Decision Passenger Transportation Board

5 6. Conclusion For the reasons above, this application is approved. I establish the terms and conditions of licence that are attached to this decision as Appendix I. 7. Rates I approve the rates as set out in Appendix II. Page 5 Application Decision Passenger Transportation Board

6 Gurjinder Singh DHILLON Dba Crown Limousine Appendix I SA Licence Required to Operate Perimeter Seating Buses After May 1, 2015, Gurjinder Singh DHILLON dba Crown Limousine may only operate perimeter seating buses if the Registrar of Passenger Transportation has issued Gurjinder Singh DHILLON dba Crown Limousine a Special Authorization licence. Approval of application may expire 1. The applicant must activate all approved PSB vehicles within 3 months of the date of this decision. 2. Any vehicles that have not been activated within 3 months of the date of this decision are no longer approved. This may result in a reduction of fleet size or, if only one vehicle is approved under a Special Authorization, expiry of the Board s approval of the Special Authorization. 3. The Passenger Transportation Board may vary the requirements set out in 1 above, if circumstances warrant it. 4. If an applicant needs more time to activate its vehicles, then the applicant must make a request to the Board before the end of the 3 month activation period. (Note: activate means that the applicant has submitted the documents required to obtain a Special Authorization Vehicle Identifier to the Registrar of Passenger Transportation.) Special Authorization Maximum Fleet Size: Vehicle Capacity (PSB): Service 1: Originating Area: Destination Area: Passenger Directed Vehicle (PDV) 1 PSB Terms & Conditions A driver and 12 passengers or more Transportation of passengers may only originate from any point: along Highway 99 north to and including Whistler. in the Greater Vancouver Regional District in the Fraser Valley Regional District west of but not including Hope Transportation of passengers may terminate at any point in British Columbia. Page 6 Application Decision Passenger Transportation Board

7 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. 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. Liquor Control & Licensing Act: The licensee must at all times operate its passenger directed vehicles in compliance with the Liquor Control & Licensing Act. Page 7 Application Decision Passenger Transportation Board

8 Gurjinder Singh DHILLON Dba Crown Limousine Appendix II Rates: PSBs that can carry up to 16 passengers, plus driver: Minimum: $150 per hour Maximum: $240 per hour YVR-Whistler minimum flat rate: $675 PSBs that can carry 17 or more passengers, plus driver: Minimum: $175 per hour Maximum: unlimited YVR-Whistler minimum flat rate: $785 Discounts of up to 15% may be offered on the rates set out above. PSB hourly rates between YVR and Whistler may be charged as long as they are based on a minimum charge of 4.5 hours, and customers are notified prior to the start of the trip that an hourly rate will be charged. These rates and rules take effect May 1, Transition: The licensee may give effect to a different hourly rate to those set out in rule referred to above until September 30, 2015 as long as: a) The rate or rule is part of a written agreement or contract, dated before March 1, 2015 between a licensee and a passenger, or on behalf of passenger, for use of a perimeter seating bus, and b) The licensee can produce a record showing the date that the agreement or contract was made. Page 8 Application Decision Passenger Transportation Board

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