Licence Application Decision ICB Application: 430-15 Applicant: Address: Principals: Special Type of Application: Application Summary: Applicant s Rationale: Date Published in Weekly Bulletin Related Applications (for cross reference only) Board Decision Pacific Coach Lines Ltd. 210-1150 Station Street, Vancouver, BC V6A 4C7 CHEN, Frank CHOW, Harry SHIKAZE, Dennis YEH, Martin CHEN, Sean LEE, Seon. SU, Michael Passenger Transportation Licence 70774, Special Inter-city Bus. Amendment of Licence (Section 31 of the Passenger Transportation Act) Pacific Coach Lines Ltd. is applying to the Passenger Transportation Board to eliminate Route 1: Vancouver - Victoria (via Tsawwassen/Swartz Bay Ferry) from its passenger transportation licence. Affected route points include: Vancouver, YVR, Richmond, Sidney and Victoria as well as the ferry terminals. Another transportation carrier has been awarded a service agreement by BC Ferries effective February 1, 2016. Pacific Coach Lines submitted a rationale that has been posted for public viewing. The applicant s rationale can be accessed from the PT Board inter-city bus application webpage at: http://www.th.gov.bc.ca/ptb/bus.htm. December 23, 2015 Wilson s Transportation Ltd. 473-15 Proposed new special authorization to operate inter-city buses with a minimum route frequency of 3 trip daily in each direction on the following cross-water route: Victoria Vancouver via BC Ferries Vancouver Victoria via BC Ferries The special authorization is approved. Terms and conditions of licence are approved as set out in the application summary. Decision Date January 26, 2016 Panel Chair Brenda M. Brown Page 1 Passenger Transportation Board ICB Decision
I. Introduction & Background Pacific Coach Lines Ltd. (PCL), the existing operator, has operated the Victoria-Vancouver cross water route for numerous years. In October 2015, BC Ferries awarded the contract to provide this service to another carrier, Wilson s Transportation Ltd. Wilson s Transportation Ltd. ( Wilson s ) has applied to the Board for authority for a passenger transportation licence with a Special Inter-city Bus. The Board is processing Wilson s application, 473-15, on the basis of urgent public need. Under its existing passenger transportation licence, PCL must provide a cross water ferry service, Route 1. As it will no longer be able to provide this service, it is applying to the Board to discontinue this route. Pursuant to section 14 of the Passenger Transportation Act, I am considering both the PCL and Wilson s Transportation Ltd. applications at the same time. II. Public Notice This application was published in the Board s Weekly Bulletin on December 23, 2015. The deadline for public comments was January 6, 2016. Public notice requirements included publication on the PCL website. It also included posting at terminals, depots and agents offices. These notification requirements were met. III. 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. Page 2 ICB Decision Passenger Transportation Board
(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. Given the unique circumstances of this application and Wilson s application, I will consider these points in the context of both applications. IV. Applicant s Rationale Pacific Coach Lines Ltd. (PCL) has applied to the Board to eliminate its cross water bus service between Vancouver and Victoria (via Tsawwassen and Swartz Bay Ferry Terminals). The agreement to operate this transportation bus service has been awarded to another carrier by BC Ferry Corporation effective February 1st 2016. V. Reasons for the Board s Decision The public need for this service will be provided by another licensed operator, Wilson s Transportation Ltd. The applicant, after February 1, 2016, will no longer have a contract with BC Ferries to serve this route. The applicant would be deemed fit, proper and capable to provide this service but for the BC Ferries decision to award the contract to another provider. The decision to eliminate this route from operation by PCL was necessitated by no longer having a valid contract in place. In that Wilson s will now be providing the service with a minimum route frequency of 3 return trips daily, sound economic conditions within the BC transportation industry should be maintained. There were no submitters to this application. Page 3 ICB Decision Passenger Transportation Board
VI. Conclusion This application is approved as set out in the application summary. The revised terms and conditions of licence are set out in Appendix I and are effective as of February 1, 2016. Page 4 ICB Decision Passenger Transportation Board
Pacific Coach Lines Ltd. Appendix I Effective February 1, 2016 Activation: Special Terms & Conditions: Direction to the Applicant: Starting no later than January 29, 2016 and continuing until February 7, 2016 or later, Pacific Coach Lines Ltd. must publish notice of discontinued service in a prominent location on the Pacific Coach Lines website. 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 licence amendments approved in this decision take effect. Direction to the Registrar of Passenger Transportation: The Registrar may amend Pacific Coach Lines Ltd. licence effective February 1, 2016, to incorporate the changes in intercity bus routes as set out in the terms and conditions below. Inter-City Bus (ICB) Service: Transportation of passengers must be provided to and from each route point on a scheduled basis according to the minimum frequency that is set for the authorized route. Schedule: The licence holder must publish, in a manner accessible to the general public, a schedule for each route with the time and location of each stop, and must carry in each vehicle a copy of the schedule that the vehicle is following. Express Transportation of standees is authorized only when all of the following conditions are met: 1. The licence holder has current and proper insurance coverage for the transportation of standees, 2. Passengers are not permitted to stand for a period that is longer than 30 minutes or for a distance that exceeds 30 road kilometres, and 3. Freight and passenger baggage is not carried in the passenger compartment when standees are being transported. Page 5 ICB Decision Passenger Transportation Board
Route Number: 1 of 1 Terminating Point 1: Vancouver International Airport (YVR) Terminating Point 2: Resort Municipality of Whistler Authorized Route: Route Points Daily Minimum (each direction) Vancouver International Airport 4 City of Richmond Hotel Area* 4 City of Vancouver Hotel Area** 4 District of Squamish 4 Resort Municipality of Whistler 4 Service Limitation: Service on this route may only be provided if there is a current written contract between Pacific Coach Lines Ltd. and the Vancouver International Airport Authority. Route Point Boundaries: Limited Pick Up & Drop Off: * City of Richmond Hotel Area is bounded on the north by the North Arm of the Fraser River, on the south by Granville Avenue, on the East by No. 5 Road, and on the west by Gilbert Road. ** City of Vancouver Hotel Area is bounded on the north by the Burrard Inlet, on the south by Thirteenth Avenue, on the East by Main Street, and on the west by English Bay (for points on the north shore side of False Creek) and Arbutus Street (for points on the south shore side of False Creek). Passenger pick up and drop off is limited to route points on the authorized route. Service may only be provided to passengers who have purchased from Pacific Coach Lines Ltd. or an agent of Pacific Coach Lines Ltd. a one-way or return trip ticket for the following trips: YVR to Whistler or vice versa YVR to Squamish or vice versa Vancouver Hotel Area to or from either YVR or Whistler Route Points Subject to the Stopover Service in the Richmond Hotel Area provision below, passengers may be picked up or dropped off only at scheduled locations situated at or within one of the route Page 6 ICB Decision Passenger Transportation Board
Engaged Carrier Transfer of a licence: points on the authorized route. Stopover Service in the Richmond Hotel Area Service to points in the City of Richmond Hotel Area may only be provided as a stopover service to passengers on trips starting at YVR and ending in Whistler, or vice versa. Passengers with stopover privileges may be dropped off in the Richmond Hotel Area and later picked up to continue their trip through to their destination (i.e. either YVR or Whistler). The holder of this licence may operate as an inter-city bus when engaged by another licensed operator in the following limited circumstances: 1. The other licensed operator must have a special authorization to operate an inter-city bus under a licence issued pursuant to the Passenger Transportation Act (British Columbia), 2. The holder of this licence must have signed written authorization from the other licensed operator specifying the terms by which the licence holder is engaged including the time period for which the written authorization is valid, 3. The holder of this licence must operate its vehicles in accordance with all the applicable terms and conditions of the other licensed operator s licence, and 4. The holder of this licence must carry in its vehicles a copy of the written authorization referred to in paragraph 2 and a copy of the terms and conditions of the other licensed operator s licence when operating under this engaged carrier authorization. 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 7 ICB Decision Passenger Transportation Board