Licence Application Decision Other PDV New Amended

Transcription

1 Licence Application Decision Other PDV New Amended Application # Applicant Ricardo DE VICENTE ALMEIDA E SILVA and Pollyanna BASTOS MARTINS DA COSTA SILVA Trade Name (s) Address Current Authorization (s) Application Summary Date Published in Weekly Bulletin Submitters (and representatives) Reason for Amendment Board Decision (also known as Ricardo De Vicente Almeida e SILVA and Pollyanna Bastos Martins Da Costa SILVA) Trip Services Hornby Street, Vancouver, BC V6Z 2L8 None New Special Authorization (PDV) (Reference: Section 26 of the Passenger Transportation Act) New shuttle passenger directed vehicle service in YVR and Metro Vancouver area with 1vehicle. Rates (Section 24 of the Passenger Transportation Act) Per person, Point to Point Rates. May 4, 2016 None To correct a clerical error in the name of the applicant. There are no other changes to the decision. The special authorization is approved. Terms and conditions of licence are approved as set out in the application summary. Rates and rules sought by the applicant are approved as set out in the application summary. Decision Date June 21, 2016 Panel Chair Spencer Mikituk Page 1 Passenger Transportation Board PDV Decision

2 I. Introduction This is an application from a partnership formed by Ricardo DE VICENTE ALMEIDA E SILVA and Pollyanna BASTOS MARTINS DA COSTA SILVA doing business as Trip Services. The applicant is applying for a Passenger Transportation Licence to operate a passenger directed shuttle service charging per person, point to point rates using 1 vehicle with a capacity of a driver and not less than 6 and not more than 11 passengers. The originating and destination area is from in any point in Metro Vancouver and Vancouver International Airport (YVR). Trip Services is located in Vancouver, British Columbia. II. Background On April 25, 2016 the applicant requested the Board to process this application as an Urgent Public Need. The Board refused this request on April 27, 2016 and the application was published. In support of this application, the applicant provided the following documents: PDV vehicle proposal Disclosure of Unlawful Activity and bankruptcy Business plan Public need indicators Financial information Disclosure of passenger transportation ownership Service Area Proposed Rates & Rules III. 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: (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 PDV Decision Passenger Transportation Board

3 (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. IV. Rationale and Submissions (a) Applicant s Rationale Trip Services is seeking to establish a niche market Passenger Directed Vehicle (PDV) prebooked service for Brazilians and Latin American (Portuguese speaking) tourists/students arriving in Vancouver (to/from YVR) and city travel. (b) Submissions & Applicant s Response There were no submissions to this application. V. Reasons for the Board s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? Applicants should supply information that is factual and objective to demonstrate public need. They should demonstrate that there are people who would use the service. Applicants should explain why they are applying for a specific number of vehicles. The Board wants to be satisfied that there is a reasonable a reasonable connection between the number and types of vehicles requested and public need. To show public need Trip Services has supplied: 4 user support statements Canadian Tourism Commission statistics regarding arrivals from Brazil Board Analysis and Findings The user support statements were from an English language school, a cultural and tourism exchange, a student agency, and a tour company. These organizations have identified a gap and requirement in service. They indicate that a Portuguese speaking transportation Page 3 PDV Decision Passenger Transportation Board

4 service, which is currently not available, would be an asset to stimulate and boost their sales in the GVRD. Initial sales revenue is projected based on 45 trips in the high season with 1 passenger per trip. The applicant has also supplied corroborative evidence that, according to the Canadian Tourism Commission, since the start of 2015, arrivals from Brazil are up 14.3%, which is an increase facilitated by the CAN+visa program, and that air seat capacity has increased 35% between Brazil and Canada with 29% of this travel to British Columbia. Trip Services has stated that much research in Brazil has shown that Canada is a favorite place of Brazilian students who want to study abroad. Factors which help to ensure that these numbers do not stop growing are: quality of education, security, hospitality and lower costs in relationship to other destinations. I find the applicant s information and evidence to be sufficient to demonstrate a gap and a public need for the proposed service. (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: (i) is the applicant a fit and proper person to provide the proposed service; and (ii) is the applicant capable of providing that service? The disclosure forms of Unlawful Activity and Bankruptcy and Passenger Transportation Ownership were completed to the satisfaction of the Board. There has not been any information brought to my attention to prove the applicants are not fit and proper. The applicants have applied for and have received a NSC Safety Certificate. Trip Services is a General Partnership which was established on December 15, Ricardo De Vicente Almeida e Silva is a partner and driver who speaks Portuguese, Spanish, and English. Currently a Business Management-Certificate student, he also has a Degree in Business Administration (BBA), a MBA in Sales Management, more than 6 years of experience in Customer Service as a Bank Manager, and 2 years working as a driver. Pollyanna Bastos Martins da Costa e Silva is a partner and secretary who speaks Portuguese, Spanish, and English and is currently working in customer service for a grocery chain. She has a degree in business administration (BBA) based in International Page 4 PDV Decision Passenger Transportation Board

5 Trade, a MBA in International Business Management, and was previously employed more than 5 years at Fiat Chrysler Automobiles. Financial information consisted of 3 year financial projections with assumptions and personal net worth statements. Sales revenue for year 1 is projected as conservative at 45 trips in the high season with 1 passenger per trip. Year 2 and 3 are projecting growth with the addition of a second vehicle. The cash flow projections also show a breakdown of future operating expenses which appear to be realistic and within an acceptable range for carriers of similar size. The net worth statements show that both applicants are in sound fiscal condition. I find the applicants to be fit and proper who have transferrable skills that would indicate that they are capable of managing and providing the service. (c) Would the application, if granted, promote sound economic conditions in the passenger transportation business in British Columbia? The Board looks at the economic conditions issue from a wide-ranging view. The economic conditions of the transportation business in British Columbia are considered ahead of the economic and financial interests of an individual applicant or operator. The Board supports healthy competition. It Board discourages competition that could unduly harm existing service providers. Application materials have demonstrated that a requirement and a need exist for this service that is being applied for. It would appear at this time that Trip Services would not be encroaching on business from existing shuttle services and serving new customers. Approving this application would promote sound economic conditions in the passenger transportation industry in British Columbia. VI. Rates I have found that the rates are within acceptable norms and they are approved. The applicant submitted rules governing the rates and I approve them all except departures (passengers are required to be waiting for pick-up 5 minutes prior to their pick-up time) which does not determine how rates will be charged. Page 5 PDV Decision Passenger Transportation Board

6 The rates and rules are approved as set out in this decision. VII. Conclusion For the reasons above, this application is approved in whole. I establish the activation requirements and the terms and conditions of licence that are attached to this decision as Appendix I. I establish the rates and rules that are attached to this decision as Appendix II. These form an integral part of the decision. Page 6 PDV Decision Passenger Transportation Board

7 Appendix I Ricardo DE VICENTE ALMEIDA E SILVA & Pollyanna BASTOS MARTINS DA COSTA SILVA dba Trip Services Licence Required to Operate Vehicles Approval of application may expire The Registrar of Passenger Transportation must issue the applicant a licence before the applicant can operate any vehicles approved in this decision. 1. The applicant must activate the vehicle within 6 months of the date of this decision. 2. If the applicant does not meet the requirements set out in 1 above, this Special Authorization expires. 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 6 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.) Notice to Registrar. The Registrar must not, without direction from the Board, issue the applicant a licence or any Special Authorization Vehicle Identifiers if the applicant has not activated the vehicle within 6 months of the date of this decision. (Note: activated means that the applicant has submitted to the Registrar of Passenger Transportation the documents required to obtain a Special Authorization Vehicle Identifier.) Special Authorization Maximum Fleet Size: Vehicle Capacity (LV): Service 1: Originating Area: Destination Area: Reverse Trips: Passenger Directed Vehicle (PDV) 1 vehicle Terms & Conditions A driver and not less than 6 and not more than 11 passengers Transportation of passengers may only originate from any point in Metro Vancouver or YVR. Transportation of passengers may terminate at any point in Metro Vancouver or YVR. 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. Page 7 PDV Decision Passenger Transportation Board

8 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. Page 8 PDV Decision Passenger Transportation Board

9 Appendix II De Vicente Almeida e Silva, Ricardo / Bastos Martins Da Costa Silva, Pollyanna dba Trip Services Board approved Rates & Rules Per Person Rates: YVR to 1 Passenger Basic Rate {Per Person) 2 Passengers Discount Rate (Per Person) 3 Passengers Discount Rate {Per Person) 4 Passengers Discount Rate (Per Person) Vancouver $ 70 $ 60 $ 56 $ 53 Burnaby $ 75 $ 64 $ 60 $ 56 Richmond $ 70 $ 60 $ 56 $ 53 New Westminster $ 80 $ 68 $ 64 $ 60 Port Coquitlam $ 90 $ 77 $ 72 $ 68 Coquitlam $ 90 $ 77 $ 72 $ 68 Port Moody $ 90 $ 77 $ 72 $ 68 North Vancouver $ 85 $ 73 $ 68 $ 64 West Vancouver $ 90 $ 77 $ 72 $ 68 Delta $ 90 $ 77 $ 72 $ 68 Surrey $ 90 $ 77 $ 72 $ 68 Langley $ 100 $ 85 $ 80 $ 75 GST is not included in the rates The rate will be the same for reverse trips Rules: Parking and tolls may also be charged Wait Time/Stop Time Passenger requests a stop or alternate route that extends the trip by more than 5 minutes or 2 km during a point-to-point reservation, will be charged at $10.00 per event. Cancellation for any cancellation made by the client, the following cancellation fees will apply o More than 72 hours before the transfer, penalty equals 10% of the total fare; o hours before the transfer, penalty equals 50% of the total fare; o Less than 24 hours before the transfer no refund. Late arrivals Trip Services will wait for up to one hour after the flight arrival. The licensee does not take any responsibility for late arrivals that exceed this waiting time. Gratuities Payment of a gratuity is at the discretion of the customer. Page 9 PDV Decision Passenger Transportation Board