Licence Application Decision

Transcription

1 Licence Application Amendment to Licence Application # Applicant Kimber Cabs Ltd. Trade Name (s) Principals Address Current Licence Application Summary Date Published in Weekly Bulletin Submitters (and representatives) Note: Kimber Cabs BADYAL, Gurmukh Singh LALLY, Harjit TREHAN, Harnesh Kumar BHATTI, Surinder STAMM, Peter Viking Way, Richmond BC V6V 3B (copy attached) Add flip seat authority for 18 accessible taxis January 29, 2014 None Effective July 5, 2007, the Board established vehicle capacity bands that would apply to particular types of passenger services. Licences would state vehicle capacity as a band rather than a specific number. This policy is being applied to this licence. Board Amendments to the terms and conditions of licence are approved as set out in this decision Date April 1, 2014 Panel Chair Roger Leclerc I. Introduction Kimber Cabs Ltd. (Kimber Cabs) has PT licence with a Special Authorization to operate a fleet of 18 passenger directed vehicles (accessible taxis). These vehicles can accommodate a maximum of 5 passengers and may only originate within the City of Richmond. The applicant is seeking an amendment to its licence to add flip seat authorization for the 18 vehicles. At this time the majority of Kimber Cabs vehicles are being used to fulfill its YVR contract. Page 1

2 II. Background Kimber Cabs Ltd. was originally licence as B.C. Ltd, and on March 1991 requested a name change with BC Registry Services to Kimber Cabs Ltd. The company had a change of directors in November, Kimber Cabs had previously submitted an application 4-11, published April 13, 2011, for the addition of 6 flip seats. The application was refused. Supporting documents include: Special Authorization License Application Form Signing Authority Flip seat request form Evidence of public need for flip seats Information regarding the number of trips and average for persons needing an accessible taxi Priority Dispatch Plan No Board investigations were carried out. 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 (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 (c) the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia. Page 2

3 I will consider each of these points in making my decision. IV. Rationale and Submissions Applicant s Rationale There are currently three taxicab companies serving the Richmond area. The other two companies have flip seat authorization. Kimber Cabs has a small fraction of the market share with 18 cabs. Sometimes families or groups of 5 6 people want to go together in one taxi. Drivers from companies with flip seats pick up these fares. Kimber Cabs does not have flip seat authorization. The commitment of Kimber Cabs is threefold. The first commitment is to provide wheelchair accessible transport to clients in the vicinity of Richmond and at YVR. The second is to meet the contractual obligations of the Vancouver Airport Authority, and third to serve the general public, families and provide optimum service to the tourist and regional business sectors. V. Reasons (a) Is there a public need for the service that the applicant proposes to provide under special authorization? companies seeking a minor amendment are expected to provide some objective indicators of public need indicators and these must be more than the customers opinion or preference. Express authorization of the Board must be obtained before a taxi may use a movable, let down seat, known as a flip seat. It is used to increase the passenger capacity of the vehicle. Kimber Cabs completed the flip seat request form indicating that they have 18 accessible taxis that are 100% wheelchair accessible. The applicant also included an accessible service plan with priority dispatch requirements for accessible taxis. According to this plan, the company uses a computerized dispatch system and a manual dispatch system as a Page 3

4 backup. The company s computer system has GPS functions that track the activities of the driver and vehicles in real time. Presently Kimber Cabs has a contract with Pacific Coach Lines. Kimber Cabs provided 8 letters of support. These letters are form letters that have personal comments handwritten to indicate why they support this application. The applicant provided some trip statistics for the period June 13 to Dec 13, identifying wheelchair and non-wheelchair passengers. Trip statistics are incomplete for this period due to system issues. The letters of support from the hotels in the service area near YVR identify that the applicant requires a vehicle with more seating capacity to accommodate larger groups and accessible clients. The support letters from other taxi companies have identified that the applicant has lost business to other companies because of not having flip seat capacity. I have put some weight on the letters of support to indicate a need for some flip seat capacity. The applicant has not provided sufficient evidence to demonstrate a need for 18 vehicles with flip seats. Considering the current public need evidence for flip seats I determine that approving this application in part for 6 flip seats would meet a public need and have minimal impact on the industry. (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? Kimber Cabs was incorporated on August 24, As previously mentioned, it operates 18 accessible taxis, mainly servicing the YVR contract. The company had a change of directors in November, Kimber Cabs is in good standings with the National Safety Code and has a safety program that is in compliance with the same. Page 4

5 I note that the file from the Passenger Transportation Branch contained information regarding three administrative penalties issued for operating outside the area specified on the terms and conditions of licence. All three incidents occurred in Given the circumstances of this application, I find that the applicant is a fit and proper person and capable of providing the proposed taxi 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. The applicant provides a unique taxi service with specialty vehicles. The applicant s proposed service is aimed at complementing their existing accessible services and having the ability to pick-up larger groups of non-wheelchair clients using flip-seats will be providing an additional transportation option. Approval of this application places Kimber Cabs in a similar position to other taxis in the area. I find the proposed service contributes to sound economic conditions within the transportation industry in the Lower Mainland. VI. Conclusion For the reasons above, this application is approved in part as set out in this decision. I establish the activation requirements and the terms and conditions of licence that are attached to this decision as Appendix I. These form an integral part of the decision. If Kimber Cabs Ltd. makes an application in the future, the applicant should refer to refer to the I want to change my taxi licence page on the Board s website. Page 5

6 Kimber Cabs Ltd. Appendix I Licence Required to Operate The Registrar of Passenger Transportation must issue the applicant a licence before the applicant may implement amendments approved in this decision. Special Authorization Terms & Conditions: Vehicles: Maximum Fleet Size: Specialty Vehicles: Vehicle Capacity: Flip Seat Authorization: Passenger Directed Vehicle (PDV) 18 vehicles of which: all must be accessible taxis only 6 may be equipped with flip seats All vehicles must be operated as an accessible taxi 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. A driver and not less than 2 and not more than 7 passengers. Passengers may be seated in moveable flip seats or let down seats that are installed behind the driver in accordance with Division 10.07(5) of the Motor Vehicle Act Regulations. Service 1: The following terms and conditions apply to Service 1 Originating Area: Destination Area: Return Trips: Reverse Trips: Transportation of passengers may only originate from any point in the City of Richmond. 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. Page 6

7 Service 2: Originating Area: Destination Area: Vehicle Identification Maximum number Vehicles Maximum Operating Requirement: Express Authorizations: Cameras: Bill of Rights: The following terms and conditions apply to Service 2: Peak Period Weekend s Transportation of passengers may only originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the west property line of Main Street from Burrard Inlet to National Avenue; the projection westward of the north property line of National Avenue from Main Street to False Creek; the north shoreline of False Creek from National Avenue to the extension southward of the west property line of Burrard Street; the west property line of Burrard Street from False Creek to Robson Street, the south property line of Robson Street from Burrard Street to Denman Street, the west property line of Denman Street from Robson Street to Georgia Street; the south property line of Georgia Street from Denman Street to Chilco Street, the east property line of Chilco Street and its extension north from Georgia Street to Burrard Inlet; Burrard Inlet from Chilco Street to Main Street. (See attached map.) Transportation of passengers may terminate at any point in British Columbia. Any vehicle operating under this Service must have a yellow weekend plate securely fastened in a conspicuous place at the front of the commercial vehicle and in a horizontal position. A maximum of 3 vehicles may operate under this Service Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 a.m. The following apply to all vehicles in the fleet. (i) Vehicles must 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. 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. a) A Bill of Rights issued by the Ministry of Transportation ( Bill of Rights ) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Bill of Rights must at all times be displayed in an upright position with the complete text intact and visible to passengers. c) Licensees may only display a current Bill of Rights. Page 7

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