Decision (Applicant claims urgent public need )

Transcription

1 Decision (Applicant claims urgent public need ) Page 1 Application: Applicant: Address: UPN Royal City Taxi Ltd. 436 Rousseau St, New Westminster BC V3L 3R3 Principals: GHUMAN, Parambir DHLLON, Chamkaur Special Authorization: Summary: Procedural Matters: Board Determinations: KHANGURA, Surinderpal SARAN, Kanwaljit SANDHU, Chamkaur Singh Passenger Transportation Licence authorizes the applicant to operate passenger directed vehicles. The special authorization can be viewed in the PT Board Bulletin of October 31, 2007 at Amendment of Licence (PDV) (Section 31 of the Passenger Transportation Act) Proposed addition of Service 6 originating from Tannery Road (Sydney Long Shore Hall), Surrey, BC or B Avenue, Delta Port and terminating at 1430 Franklin Road (Vancouver Long Shore Hall, B Avenue, Delta Port, or Tannery Road (Sydney Long Shore Hall), Surrey BC. Reverse Trips permitted under Service 6. Service Limitations under Service 6. 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. If the Board approves an application on the basis of urgent public need, it may impose a time limit on the licence that is less than one year and may require an applicant to submit a full application through the regular Board process. A. Urgent Public Need: The Board is satisfied that there is an urgent public need for the service proposed. B. Application 93-09: The terms and conditions sought by the applicant are approved as set out in

2 Background: the decision. The Board is approving the application on a time-limited (6 month) basis. If permanent authority is sought, then Royal City Taxi Ltd. must make an application through the regular application process. The applicant is asking the subject application be considered under the provisions of the policies governing Urgent Public Need. The applicant has been awarded a contract to transport employees of TSI Terminal Systems Inc. to and from11828 Tannery Road (Sydney Long Shore Hall), Surrey, B.C. and B Avenue, Delta Port. The contract was signed and is in effect until March 29, Under its existing terms and conditions of licence, the applicant s primary originating area is New Westminster; however, it is able to pick up passengers within a few kilometers in neighbouring municipalities, including that portion of the City of Surrey within 2 road kilometres of the Pattullo Bridge. The applicant does not have authority to pick up passengers in Delta. The applicant has provided a copy of the contract between Royal City and TSI. It appears that both parties to the contract believed that the Sydney Long Shore Hall was within the existing originating area of Royal City s current licence. The applicant was made aware, through a complaint, that in fulfilling the contract, it was operating outside of its service area. Therefore, it is seeking approval for a new service, with the originating area being Tannery Road (Sydney Long Shore Hall), Surrey, B.C. or B Avenue, Delta Port. The destination areas mirror the originating area. In addition, the applicant requests a service limitation whereby the new service may only be provided to persons employed or engaged by TSI Terminal Systems Inc. or its broker or agent and only when the licensee has a written transportation agreement with TSI or its broker or agent to provide ongoing transportation services. The Board has received an from the City of Surrey s Commercial Vehicle Enforcement division outlining some concerns. Firstly, the City notes that it is concerned that the applicant bid on a contract for which it did not have the legal authority in place to operate in the City of Surrey. When contacted by the City, the manager of Royal City s response was that they would just have the conditions changed. The City states that this is not the first time that the company has stretched the rules. The company currently holds a contract for CN Rail to transport employees from motels outside of the 2 kilometre radius and take them to the CN yard. The have no license from the City to operate within the City and refuse to get one citing their special conditions as an exemption. Secondly, the City is concerned that the Board would reward a company by changing the rules after the fact. It is also concerned that the City was not contacted to discuss any possible problems that may arise from their winning the contract. Thirdly, the City notes that its bylaw does not allow any taxi company to come into the City to pick up a fare and take that fare to a destination other than the originating point of the taxi. They cannot take a fare to Delta from Surrey. The City asks that if the Board sees fit to change the conditions of licence, that it ask as part of the change, the company must obtain the required business licences for its cabs and vehicle for hire plates from the City of Surrey. The applicant was given an opportunity to respond to the issues raised by the City of Surrey. In response Royal City noted that they were not aware that the pick up area was outside of the 2 kilometre limit; that authority from the Board should supersede municipal Page 2 Application Decision Passenger Transportation Board

3 Reasons: regulations; and that customer service would be compromised if a company was limited to choose from the taxi companies that operate in their area. 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. The Board s Operational Policy II.3 states, in part,: There are limited circumstances where the Board may be satisfied that an urgent public need exists. Examples may include: The only taxi company in town has stopped operating. The applicant has negotiated a written contract with an employer, such as a railway company or a postal company, respecting the transportation of company workers, and a copy of the contract has been submitted indicating an imminent start date. (Emphasis added) Other compelling circumstances exist. In this particular situation, contract with an employer respecting the transportation of company employees has been negotiated and a copy of the contract has been submitted with the application. The Board is of the opinion that a public need exists and due to the contract being in place, that the need is urgent. Therefore, the Board will process the application on the basis of urgent public need. However, while finding an urgent public need, the Board is concerned by the comments received from the City of Surrey. There seems to be regulatory issues that the applicant has to address with the City of Surrey. While the Board has considered the points raised by the applicant in response to the from the City of Surrey, it must be clearly noted that provincial legislation, such as the Community Charter, provides municipalities with the power to regulate businesses. As well, municipalities have the power to require businesses to obtain business licences. The Passenger Transportation Act does not supersede or override these municipal powers. It is common for urban municipalities to enact by-laws requiring taxis, limousines and other vehicle for hire services to be licensed in order to operate. Passenger transportation licences specify originating areas for picking up passengers and these can include municipalities or part of a municipality. It is up to licensees to investigate and meet applicable municipal licensing requirements. Therefore, the Board is only approving the application for six months. This will give the applicant time to prepare a regular application and enable the application to proceed through the regular application process where submissions are accepted and considered. The applicant will have the opportunity to address by-law matters with the City of Surrey. Page 3 Application Decision Passenger Transportation Board

4 Activation: Special Authorization: Terms & Conditions: Vehicles: Maximum Fleet Size under Part I: B. Application 93-09: 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 (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. As noted above, the Board finds that there is a public need for the service proposed. In terms of finding the applicant fit and proper and capable of providing the service requested, it is the opinion of the Board that the applicant has been in the taxi industry for a number of years. It is familiar with the type of service to be provided. However, the Board is concerned about the issue of compliance with the bylaws of the City of Surrey. This is primarily the reason the application was approved for 6 months and the applicant has been asked to submit a formal application for the service. This will allow the Board to further evaluate the applicant s desire to come to some understanding with the City of Surrey and demonstrate clearly that it is fit and proper. The Board finds that the applicant is capable of providing the service. In regards to sound economic conditions, the applicant obtained the contract through a bidding process. Having done so, it competed with other cabs companies. It is the Board s opinion given the limited amount of fares resulting from the contract, that the effect on other companies in the passenger transportation industry is negligible. Note: The applicant is advised to submit an application through the regular process in a timely manner in order to ensure processing prior to the elapse of the 6 month time period. A Passenger Transportation Licence must be issued by the Registrar of Passenger Transportation under section 29 or renewed under section 34 of the Passenger Transportation Act before the special authorization approved in this decision may be exercised. Passenger Directed Vehicle (PDV) Services 1, 2, 3, 4, 5 & 6 52 motor vehicles of which a maximum of 43 may be conventional taxis. All other vehicles are accessible taxis. Page 4 Application Decision Passenger Transportation Board

5 Specialty Vehicles: The accessible taxis must be operated in accordance with the Motor Vehicle Act Regulations including Division 10 (motor carriers) and Division 44 (mobility aid accessible taxi standards), as amended from time to time, and in accordance with any other applicable equipment regulations and standards. Vehicle Capacity: Service 1, 2, 3, 5 & 6 A driver and not less than 2 and not more than 7 passengers. Service 4 Vehicles can accommodate a driver and not more than 11 passengers. Part I: Express Authorizations: Taxi Camera Equipment: Taxi Bill of Rights: Eco-Friendly Taxis (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 areas only, pick up passengers who hail or flag the motor vehicle from the street. A digital taxi camera that meets board specifications must be installed and operated in each of the licence holder s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. a) A Taxi Bill of Rights issued by the Ministry of Transportation ( Taxi Bill of Rights ) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi Bill of Rights must at all times be displayed in an upright position with the complete text intact and visible to passengers. Licensees may only display a current Taxi Bill of Rights. Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as `eco-friendly taxis' as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. Service 1: The following terms and conditions apply to Service 1: Return Trips: Transportation of passengers may only originate from any point in the City of New Westminster, that portion of the City of Burnaby within 4 road kilometres of the City of New Westminster, that portion of the City of Richmond within 2 road kilometres of the City of New Westminster, that portion of the City of Surrey within 2 road kilometres of the south end of the Pattullo Bridge, the municipality of Fraser Mills, that portion of the City of Coquitlam south of Dewdney Trunk Road and that portion of the District of Delta known as Annacis Island. Transportation of passengers may only terminate at any point in British Columbia. The same passengers may only be returned from where their trip terminates in the destination area to any point in the City of New Westminster only if the return trip is arranged by the time the originating trip terminates. Page 5 Application Decision Passenger Transportation Board

6 Reverse Trips: Transportation of passengers may only originate in the destination area if the transportation terminates in the City of New Westminster only and the cost of the trip is billed to an active account held by the licence holder that was established before the trip was arranged. Service 2: The following terms and conditions apply to Service 2: Return Trips: Transportation of passengers may only originate from any point in the City of New Westminster, that portion of the City of Burnaby within 4 road kilometres of the City of New Westminster, that portion of the City of Richmond within 2 road kilometres of the City of New Westminster, that portion of the City of Surrey within 2 road kilometres of the south end of the Pattullo Bridge, the municipality of Fraser Mills, that portion of the City of Coquitlam south of Dewdney Trunk Road and that portion of the District of Delta known as Annacis Island. Transportation of passengers may only terminate at any point beyond the British Columbia/United States border when engaged in an extra-provincial undertaking. 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 3: The following terms and conditions apply to Service 3: Return Trips: Reverse Trips: Transportation of passengers may only originate from the Vancouver International Airport. Transportation of passengers may terminate at any point in British Columbia and beyond the British Columbia/United States border when engaged in an extra-provincial undertaking. 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. Transportation of passengers may only originate in the destination area if the transportation terminates in the originating area and the cost of the trip is billed to an active account held by the licence holder that was established before the trip was arranged. Service 4: The following terms and conditions apply to Service 4: Service Limitation: Transportation of passengers may only originate from any point on the Canadian National Rail line in Licence Districts 8, 14, 14A and 15. Transportation of passengers may only terminate at any point on the Canadian National Rail line in Licence Districts 8, 14, 14A and 15 Service is limited to the transportation of industrial workers employed by the Canadian National Railway. Service 5: The following terms and conditions apply to Service 5: Transportation of passengers may only originate from any point in the City of New Westminster Transportation of passengers may only terminate at the Fraser Surrey Docks. Page 6 Application Decision Passenger Transportation Board

7 Reverse Trips: Service Limitation: Transportation of passengers may only originate in the destination area if the transportation terminates in the originating area. Service is limited to the transportation of industrial workers engaged in stevedoring. Service 6: The following terms and conditions apply to Service 6. Reverse Trips: Service Limitations: Term of Licence Part II: Terms & Conditions: Vehicles: Maximum Fleet Size under Part II Vehicle Capacity: Vehicle Limitations: Services: Transportation of passengers may only originate from Tannery Road (Sydney Long Shore Hall), Surrey, BC or B Avenue, Delta Port Transportation of passengers must terminate 1430 Franklin Road (Vancouver Long Shore Hall, B Avenue, Delta Port, or Tannery Road (Sydney Long Shore Hall), Surrey BC. Transportation of passengers may originate from the destination area when the transportation terminates within the originating area. Service may only be provided to persons employed or engaged by T.S.I. Terminal Systems Inc. (T.S.I.) or its broker or agent, and only when the licensee has a written transportation agreement with T.S.I. or its broker or agent to provide ongoing transportation services. Unless otherwise specified by the Board, service provided under Service 6 will be valid for 6 months from the date of issuance of an amended Passenger Transportation licence and will not be renewable. Contract Authority 1 vehicle A driver and not less than 6 and not more than 11 passengers. a. The vehicle authorized under this Part may only be used by Royal City Taxi Ltd. as long as there is a valid contract between Royal City Taxi Ltd. and Alberta Co-op Taxi Line Ltd. b. When making application for renewal of its licence, Royal City Taxi Ltd. must submit a letter to the Registrar of Passenger Transportation from Alberta Co-op Taxi Line Ltd. stating that its contract with Royal City Taxi Ltd. remains in good standing. c. If, at any time during the term of the licence, the contract between Royal City Taxi Ltd. and Alberta Co-op Taxi Line Ltd. is terminated, Royal City Taxi Ltd. must return the vehicle identification certificates and identifiers to the Registrar for the three vehicles authorized. Transportation of passengers may only originate from any point on the Canadian National Rail line in Licence Districts: 7 south of and including Kamloops; 8; 14; 14A; and 15. Transportation of passengers may only terminate at any point on the Canadian National Rail line in Licence Districts: 7 south of and including Kamloops; 8; 14; 14A; and 15. Page 7 Application Decision Passenger Transportation Board

8 Service Limitation (1): Service Limitation (2): Transfer of a licence: Train crew transportation service may be provided only to persons employed or engaged by Canadian National Railway as per the contract between the licence holder and Alberta Coop Taxi Line Ltd. or its broker or agent. Service may be provided only to persons employed or engaged by Canadian National Railway and only as long as a current written contract exists between the licence holder and Alberta Co-op Taxi Line Ltd. or its broker or agent. 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: Kabel Atwall Determination Date: May 7, 2009 Page 8 Application Decision Passenger Transportation Board