Licence Application Decision

Transcription

1 Licence Application Amendment to Licence Application # 34-15UPN Applicant Tsawwassen Ltd. Trade Name (s) Principals Address Applicant s Representative Green Cab Current Licence DHALIWAL, Sukhdev HAYER, Jasvinder SIDHU, Maheshinder th Avenue, Surrey BC V3W 2V3 GILL, Balwinder Singh MADAHAR, Jagtar William McLachlan, McLachlan Brown Anderson (counsel) Application Summary Related Applications: (for cross reference only) Date Published in Weekly Bulletin Submitters (and representatives) Board Amend a licence () Add service limitation for Canada Post contract clause Delta Sunshine (1972) Ltd. Application 35-15UPN March 11, 2015 None Amendments to the terms and conditions of licence are approved as set out in this decision Date April 17, 2015 Panel Chair Roger Leclerc I. Introduction & Urgent Public Need Request Tsawwassen Ltd. (Tsawwassen) was incorporated on February 21, 1973 as a limited company and is currently authorized under Passenger Transportation (PT) licence to operate 28 vehicles of which 24 may be conventional taxis. Page 1

2 The applicant and its corporately related company, Delta Sunshine (1972) Ltd. (Delta Sunshine), are licensed by the YVR Authority to operate 53 airport taxis. Service currently originates from any point in the District of Delta and the City of Surrey, as well as those authorized to provide taxi service from YVR. Tsawwassen Ltd. is applying to amend its licence to add a service limitation for a Canada Post contract clause. On February 11, 2015, Tsawwassen Ltd. asked the Board to process this application on an urgent public need basis. On March 10, 2015, the Board Chair declined this request. The Board was of the opinion that the applicant had sufficient notice regarding its need to have a service limitation clause. For whatever reason, the applicant has delayed submitting its application. II. Background Tsawwassen Ltd. merged with Delta Sunshine (1972) Ltd. in The merger increased the company operating area from Tsawwassen to the City of Surrey. The company now provides services to City of Delta, Surrey and YVR. Tsawwassen Ltd. is incorporated as a limited company but is operated on a non-profit basis and the individual owner/operators are charged a fee for its services. Supporting documents include: Special Authorization License Application Form Signing Authority Form Trip Data PDV Vehicle Proposal Disclosure of Unlawful Activity & Bankruptcy Business Plan Disclosure of Transportation Ownerships Financial Information Municipal Notices Accessible Service Plan The Unlawful Activity & Bankruptcy form and Passenger Transportation Ownership form signed by the applicants indicate no discrepancies. III. Relevant Legislation Division 3 of the Passenger Transportation Act (the Act ) applies to this application. Page 2

3 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 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. I will consider each of these points in making my decision. IV. Rationale and Submissions (a) Applicant s Rationale Tsawwassen and Delta Sunshine each applied to amend their licences since both companies are engaged in transportation of Canada Post workers. The actual contract document is between Canada Post Corporation and Delta Sunshine (1972) Ltd. However, service statistics show that both Delta Sunshine and Tsawwassen are engaged in carrying out the service. Both companies have the same contractual obligations with Canada Post based on the one contract document. (b) Submissions & Applicant s Response The Board gives more weight to submissions that back up general claims with facts or details. I have considered the submissions and the responses in my review of this application. There were no submitters. Page 3

4 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. The applicant has provided the following evidence to support a public need for an amendment to the existing licence. The applicant has provided a copy of the current contract in place with Canada Post which has a term January 1, 2012 to December 31, The applicant identifies that Delta Sunshine and Tsawwassen have had contracts with Canada Post going back to the 1990 s. Delta Sunshine and Tsawwassen have identified in their Canada Post contract that they have a 10% discount on meter rates for certain identified trips and a 5% discount on other ad hoc trips, as opposed to the meter rate. The applicant has provided trip data for the period January November 2014 for the Canada Post contract that includes trip numbers and invoice totals. In reviewing the information and material that was presented in the application, I find the applicant has provided sufficient evidence to show that a public need exists for the proposed amendment to the existing licence. (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? Tsawwassen Ltd. has been in business since February 21, 1973 and has expanded the fleet to operate 28 vehicles of which 24 may be conventional taxis. Page 4

5 Tsawwassen Ltd. is run by a board of directors led by the president Mr. Maheshinder Sidhu who manages the company s executive affairs and works closely with the General Manager. The General Manager s ten years of experience in taxi management teams has been instrumental in meeting the goals and objectives set forth by company members. Tsawwassen Ltd. has provided a business plan, trip data and financial information indicating a long history of service in the Tsawwassen, YVR area. It has the infrastructure in place and is an established operator with a history of running a viable service. I have determined that the applicant s oversight in not obtaining the necessary service limitation for contract rates is not, in and of itself, a barrier to this application approval. However, the Board expects an applicant to monitor its operations closely to ensure that its compliance systems are in order. The Board may at any time initiate a fitness review if a licensee s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to maintain its licence. Tsawwassen Ltd. has its infrastructure in place and is an established taxi operator with a history of running a viable taxi service. The applicant has satisfied the requirements of this consideration. (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 also discourages competition that could unduly harm existing service providers. The approval of an amendment to the existing licence will enable the applicant to help serve its long term clientele. There were no submitters to this application. Page 5

6 I find that approving of an amendment to the existing licence would promote sound economic conditions in the industry. VI. Conclusion For the reasons above, this application is approved in whole 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. Page 6

7 Tsawwassen 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: Passenger Directed Vehicle (PDV) Terms & Conditions: Maximum Fleet Size: 28 motor vehicles of which a maximum of 24 may be conventional taxis. All other vehicles are accessible taxis. 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 (T): Vehicles can accommodate a driver and not less than 2 and not more than 7 passengers. Flip Seat Authorization: Service Priority Limitation: 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. Only 2 vehicles, including accessible taxis may have a flip seat installed. Persons with mobility aids who require the accessible taxi for transportation purposes are priority clients for the dispatch of accessible taxis. The applicant must at all times use a dispatch and reservation system that dispatches accessible taxis on a priority basis to clients who have a need for accessible vehicles. Ownership Limitation: Delta Sunshine (1972) Ltd. must be the only shareholder in Tsawwassen Ltd. And the sole owner of Tsawwassen Ltd. Service 1(a): The following terms and conditions apply to Service 1(a): Originating Area: Transportation of passengers may only originate from any point in the District of Delta. Destination Area: 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. Return Trips: 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. Reverse Trips: 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

8 Service 1(b): The following terms and conditions apply to Service 1(b): Originating Area: Transportation of passengers may only originate from any point in the District of Delta or the City of Surrey. Destination Area: Transportation of passengers may terminate at any point in the District of Delta or the City of Surrey. Service Limitation: Service may only be provided to persons employed or engaged by Canada Post and only when the licensee has a written transportation service agreement with Canada Post or its broker or agent to provide ongoing crew transportation. Service 2: The following terms and conditions apply to Service 2: Originating Area: Transportation of passengers may only originate from any point in the City of Surrey. Destination Area: 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. Return Trips: 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. Reverse Trips: 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 3: The following terms and conditions apply to Service 3: Originating Area: Transportation of passengers may originate at the Vancouver International Airport. Destination Area: 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. Service 4: The following terms and conditions apply to Service 4: Peak Period Weekend s Originating Area: 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.) Page 8

9 Destination Area: Transportation of passengers may terminate at any point in British Columbia. Vehicle Identification 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. Maximum number Vehicles Maximum Operating Requirement: Express authorizations: A maximum of 2 vehicles may operate under this Service Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10 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) The operator of the vehicle may, from within the originating areas only, pick up passengers who hail or flag the motor vehicle from the street. Cameras: camera equipment may only be installed and operated in vehicles when the licensee is in compliance with applicable taxi camera rules, standards and orders of the. Bill of Rights: 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. Identification Code: 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. On or before June 16, 2014, each vehicle operated by the licensee must have a unique taxi identification code (TIC) affixed to the inside and outside of the vehicles in a manner that complies with applicable rules, specifications and orders of the. 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 9