1. TRANSIT SERVICES BY-LAW AMENDMENTS (REGULATORY REQUIREMENTS FOR FARE INSTRUMENTS)

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1 1 COMMISSION DU 1. TRANSIT SERVICES BY-LAW AMENDMENTS (REGULATORY REQUIREMENTS FOR FARE INSTRUMENTS) MODIFICATIONS AU RÈGLEMENT SUR LE (EXIGENCES RÉGLEMENTAIRES RELATIVES AUX TITRES DE TRANSPORT) COMMISSION RECOMMENDATIONS That Council: 1. approve the amendments to the Transit By-law ( , as amended) as described in this report and as set out in Document 1; and, 2. authorize the General Manager, Transit Services, to place amending by-laws directly on Council s agenda for enactment when required to effect the required administrative changes related to the implementation of the Presto smart card, including repealing fare instruments that are no longer required. RECOMMANDATIONS DE LA COMMISSION Que le Conseil : 1. approuve les modifications au Règlement sur le transport en commun ( , modifié) telles que décrites dans le présent rapport et présentées dans le document 1; 2. autorise le directeur général, Services de transport en commun, à mettre directement l adoption des règlements modificateurs à l ordre du jour du Conseil, en vue d effectuer les modifications administratives nécessaires à la mise en service de la carte à puce Presto, notamment l annulation des titres de transport qui ne sont plus requis. DOCUMENTATION 1. Deputy City Manager, City Operations report dated 9 May 2012 (ACS2012-COS-TRA-0005).

2 2 COMMISSION DU Report to/rapport au : Transit Commission Commission du transport en commun and Council / et au Conseil May 9, mai 2012 Submitted by/soumis par : Steve Kanellakos, Deputy City Manager, City Operations Directeur municipal adjoint, Opérations municipales Contact Person / Personne ressource: John Manconi, General Manager/Directeur général, Transit Services/Services du transport en commun x2111, John.Manconi@ottawa.ca CITY WIDE / À L ÉCHELLE DE LA VILLE Ref N : ACS2012-COS-TRA-0005 SUBJECT: TRANSIT SERVICES BY-LAW AMENDMENTS (REGULATORY REQUIREMENTS FOR FARE INSTRUMENTS) OBJET : MODIFICATIONS AU RÈGLEMENT SUR LE TRANSPORT EN COMMUN (EXIGENCES RÉGLEMENTAIRES RELATIVES AUX TITRES DE TRANSPORT) REPORT RECOMMENDATIONS That the Transit Commission recommend that Council: 1. approve the amendments to the Transit By-law ( , as amended) as described in this report and as set out in Document 1; and, 2. authorize the General Manager, Transit Services, to place amending bylaws directly on Council s agenda for enactment when required to effect the required administrative changes related to the implementation of the Presto smart card, including repealing fare instruments that are no longer required.

3 3 COMMISSION DU RECOMMANDATIONS DU RAPPORT Que la Commission du transport en commun recommande ce qui suit au Conseil : 1. d approuver les modifications au Règlement sur le transport en commun ( , modifié) telles que décrites dans le présent rapport et présentées dans le document 1; 2. d autoriser le directeur général, Services de transport en commun, à mettre directement l adoption des règlements modificateurs à l ordre du jour du Conseil, en vue d effectuer les modifications administratives nécessaires à la mise en service de la carte à puce Presto, notamment l annulation des titres de transport qui ne sont plus requis. BACKGROUND In September 2011, Transit Commission approved the Transferability of Smart Card Bus Passes Report (ACS2011-ICS-TRA-0020), which included the following staff recommendation: That the Transit Commission approve the principle of transferability and non-photo ID requirements for the smart card, as well as the age category adjustments, as detailed in this report, and that any resulting financial implications be addressed through the budget process. As noted by staff in the report, the current Transit By-law does not account for the PRESTO smart card as a fare instrument, and furthermore, does not allow for the transferability of fare instruments. Amendments to the Transit By-law are required to establish regulatory requirements for proof of payment and proof of discounted fare eligibility for smart card users and to eliminate the photo ID as part of OC Transpo discounted fare instruments, thereby allowing for transferability within class as further described below, once the transition period to the Presto smart card is complete. Authority is also being sought to allow the General Manager, Transit Services, to place additional amending by-laws directly before Council for enactment at a future date in order to repeal the fare instruments that will no longer be required once the Presto system is fully implemented. DISCUSSION Currently, OC Transpo passes consist of two pieces a photo ID and a monthly paper voucher both of which have corresponding validation numbers. The key for inspection

4 4 COMMISSION DU purposes is not the photo ID, but the corresponding numbers between the picture identification and the pass. Over the course of developing the PRESTO smart card implementation plan, staff concluded that the best option is to provide OC Transpo customers with a smart card that does not require photo ID (to prove ownership) and is legally transferable within class. Most importantly, this model is compatible with the PRESTO model. Within this framework, transferability will be restricted to the same fare category (class). For example, a Student Pass may be used by another student but not by someone requiring an Adult Pass; a Senior Pass may be used by another senior, but not by a student. An Adult Pass, however, could be used by anyone as it represents the highest level of pass and provides no discount. Permitting transferability of the smart card within class will remove the need for the current photo ID card component of the transit pass from the Transit By-law. As a result of a new transferable-within-class pass structure, Transit Fare Inspectors and Special Constables will no longer verify proof of ownership of passes, but instead, verify proof of payment and proof of discounted fare eligibility. Proposed By-law Amendments PRESTO: The PRESTO smart card-related By-law amendments being sought are as follows: 1. Amendments to the definitions section of the By-law will be made to include the PRESTO smart card and the U-Pass as fare instruments and as part of a proof of payment (POP). 2. The sections of the By-law pertaining to Student Passes have been amended to align with PRESTO s student class. 3. Amendments are also being sought to include the smart card in the By-law farerelated regulations. Public transit users who are using a smart card will be required to ensure that they pay the fare by tapping on the electronic readers and ensuring that the fare is paid, and furthermore, to do so prior to boarding (in the case of the O-Train) or upon boarding the bus. Provisions will be added to require that customers only obtain a fare instrument of a category to which they are entitled, and only pay for a fare by using a transit pass or smart card to which they are entitled. Finally, customers will be required to provide satisfactory proof to a proper authority as defined, that they have paid the required fare and in the case of PRESTO, smart card technology will be proof of payment. 4. Approval is being sought to authorize the General Manager of Transit Services to bring forward amendments to the by-law to eliminate those fare instruments that will be gradually phased out following a transition period to the PRESTO system, including any photo component. Upon approval of this recommendation of the report, the General Manager will be authorized to place those amendments on Council s agenda for enactment at the appropriate time in the future.

5 5 COMMISSION DU Proposed By-law Amendments - Administrative: The amendments being sought within a more administrative context include: 1. The specific incorporation of the U-Pass into the By-law (in the definitions section) so that it can be specifically accounted for in the regulatory provisions throughout the By-law. 2. Correction of the General Manager s position title in the By-law. 3. An oversight correction relating to the driving rules for vehicles on the Transitway to create an offence for drivers who fail to come to a safe stop when requested to do so by a police officer or transit law enforcement officer. 4. Replacing the colour of the roof-mounted lights for the motor vehicles used by the City for transit law enforcement purposes is in response to Bill 38, Highway Traffic Act Amendment Act, The lighting requirement for law enforcement vehicles has been changed from a red light to the front to a red and blue light to the front. RURAL IMPLICATIONS There are no specific rural implications related to the suggested By-law amendments. CONSULTATION Public consultation is an ongoing component with the implementation of the PRESTO smart card; however, no specific consultation is required for the by-law amendments. COMMENTS BY THE WARD COUNCILLOR(S) Since the Transit By-law applies uniformly across various wards, there are no implications for specific wards. LEGAL IMPLICATIONS There are no legal impediments to implementing the recommendations of this report. RISK MANAGEMENT IMPLICATIONS There are no specific risks associated to amending the Transit Services By-law. Risks associated with introducing transferability and not requiring photo ID were outlined in the Transferability of Smart Card Bus Passes Report (ACS2011-ICS-TRA-0020). FINANCIAL IMPLICATIONS As indicated in the OC Transpo Fares /2013 Report (ACS2012-COS-TRA-0003) to the Transit Commission of April 23, 2012, the PRESTO smart card offers

6 6 COMMISSION DU improvements in revenue controls as the software will limit the potential for fare evasion, invalid transfers, tickets, and passes, etc. An initial assessment found that these improved controls would largely offset any potential loss from transferability. The amendments to the By-law s fare-related regulations will enable the revenue controls mentioned above. ACCESSIBILITY IMPACTS Accessibility issues were taken into account when developing the By-law amendments. ENVIRONMENTAL IMPLICATIONS There are no environmental implications associated with this report. TECHNOLOGY IMPLICATIONS There are no direct technical implications associated with this report. TERM OF COUNCIL PRIORITIES The By-law amendments outlined in this report support the PRESTO smart card project, which directly and indirectly supports the following objectives of the Transportation Master Plan and previous Council strategic directions. TM1 Ensure sustainable transit services Offer reliable travel options at the lowest possible cost and in a financially and operationally sustainable way. SE2 Improve operational performance Improve the effectiveness and efficiency of service delivery to reach targets that have been approved by Council and communicated to residents and staff. SUPPORTING DOCUMENTATION Document 1 Proposed amending By-law DISPOSITION Upon approval of the recommendations of this report, Transit Services, together with the City Clerk and Solicitor Department, will prepare the required amending by-laws for enactment by Council to reflect the immediate amendments to the By-law outlined in this report, and any future amendments required to repeal transit fare instruments no longer in use following the transition period to the smart card system.