Application Determination - Ministry of Transportation and
Transcription
Application Determination - Ministry of Transportation and
Licence Application Decisions on Peak Period Taxi Service in the City of Vancouver Seventeen taxi licensees based outside Vancouver (“suburban taxi applicants”) applied to the Board to operate part of their fleets in Vancouver during peak periods. Four licensees based in Vancouver (“Vancouver taxi applicants”) applied to add vehicles to their fleets during peak periods. This document contains the Board’s decisions on all 21 applications. A. Suburban Taxi Applications: Amendment to Licence The following companies have applied to operate 15% of their fleet in the City of Vancouver on Friday/Saturday and Saturday/Sunday from10:00 p.m. – 5:00 a.m., on “black” and “red” days at cruise ship terminals and other special days as approved by the Board. Application 44-11 48-11 49-11 51-11 52-11 54-11 56-11 57-11 58-11 59-11 60-11 61-11 62-11 63-11 64-11 65-11 56-12 Applicant Aldergrove-Langley Taxi Ltd. Queen City Taxi Ltd. Burnaby Select Metrotown Taxi Ltd. Delta Sunshine Taxi (1972) Ltd. Kimber Cabs Ltd. Guildford Cab (1993) Ltd. Bonny’s Taxi Ltd. Surdell Kennedy Taxi Ltd. Port Coquitlam Taxi Ltd. Bel-Air Taxi (1982) Ltd. Royal City Taxi Ltd. Tsawwassen Taxi Ltd. White Rock South Surrey Taxi Ltd. Coquitlam Taxi (1977) Ltd. Newton Whalley Hi Way Taxi Ltd. Sunshine Cabs Ltd. North Shore Taxi (1966) Ltd. PT Licence # 70614 70271 70358 70285 70458 70431 70242 70526 70234 70233 70450 70463 70404 70232 70974 70547 70476 Total 15% of taxi fleet 2 2 1 6 3 8 17 10 2 7 8 4 9 5 11 10 19 124 Corporate information for each applicant company is provided in the individual decisions in Part II. Page 1 Taxi Decision Passenger Transportation Board Publication Date July 27, 2011 (except North Shore Taxi Ltd. – March 7, 2012) Submissions Received Counsel B. Vancouver Taxi Applicants as listed in “B” below City of Vancouver William McLachlan, McLachlan Brown Anderson Vancouver Taxi Applications: Additional Vehicles (AVs) The following companies have applied to add 99 vehicles collectively to their fleets. These vehicles would operate in the City of Vancouver from 3:00 p.m. to 6:00 a.m. on Friday/Saturday and Saturday/Sunday, October 31st , New Year’s Eve and Celebration of Light evenings. The vehicles would also operate on “black” and “red” days at cruise ship terminals. Application Number AV07-12 AV08-12 AV09-12 AV10-12 Applicant Number of AVs Requested 16 36 30 17 99 PT Licence MacLure’s Cabs (1984) Ltd. Yellow Cab Company Ltd. Black Top Cabs Ltd. Vancouver Taxi Ltd. 70199 70277 70294 70538 Total Corporate information for each applicant company is provided in the individual decisions in Part II. Publication Date February 22, 2012 Submissions BC Taxi Association Kashif Sheikh Received Pacific Coop Taxi Association Bhupinder Singh Thiara Suburban Taxi Applicants as Satnam Singh Thiara listed in “A” above Bhupinder Singh Dhaliwal Counsel Page 2 Tobin Robbins, Heenan Blaikie LLP Taxi Decision Passenger Transportation Board C. Board Decisions 1. Suburban Taxi Applications The following Amendment of Licence applications are approved as set out in the decisions: 51-11 - Delta Sunshine Taxi (1972) Ltd. – weekend peak period taxi service with up to 5 taxis originating from the Downtown Vancouver Entertainment District 52-11 - Kimber Cabs Ltd. – weekend peak period taxi service with up to 3 taxis originating from the Downtown Vancouver Entertainment District 54-11 - Guildford Cab (1993) Ltd. – weekend peak period taxi service with up to 2 taxis originating from the Downtown Vancouver Entertainment District 61-11 - Tsawwassen Taxi Ltd. – weekend peak period taxi service with up to 2 taxis originating from the Downtown Vancouver Entertainment District 64-11 - Newton Whalley Hi Way Taxi Ltd. – weekend peak period taxi service with up to 2 taxis originating from the Downtown Vancouver Entertainment District 65-11 - Sunshine Cabs Ltd. – weekend peak period taxi service with up to 10 taxis originating from the Downtown Vancouver Entertainment District 56-12 - North Shore Taxi (1966) Ltd. – weekend peak period taxi service with up to 14 taxis originating from the Downtown Vancouver Entertainment District The following Amendment of Licence applications are refused: 44-11 - Aldergrove-Langley Taxi Ltd. 48-11 - Queen City Taxi Ltd. 49-11 - Burnaby Select Metrotown Taxi Ltd. 56-11 - Bonny’s Taxi Ltd. 57-11 - Surdell Kennedy Taxi Ltd. 58-11 - Port Coquitlam Taxi Ltd. 59-11 - Bel-Air (1982) Taxi Ltd. 60-11 - Royal City Taxi Ltd. 62-11 - White Rock South Surrey Taxi Ltd. 63-11 - Coquitlam Taxi (1977) Ltd. 2. Vancouver Taxi Applications The following Additional Vehicle applications are approved: AV07-12 - MacLure’s Cabs (1984) Ltd. – 16 peak period taxis AV06-12 - Yellow Cab Company Ltd. – 36 peak period taxis AV09-12 - Black Top Cabs Ltd. – 30 peak period taxis AV10-12 - Vancouver Taxi Ltd. – 17 peak period taxis Decision Date October 2, 2012 Panel Chair Don Zurowski Page 3 Panel Members Taxi Decision William H. Bell Brenda M. Brown Passenger Transportation Board D. Structure of Decision This decision is divided into four parts: Part One provides general information on taxi operations and licensing in the Greater Vancouver Regional District. Part Two discusses the applications in general, including the types of applications, submissions, procedural decisions, evidence of public need common to all applications and positions of the parties. Part Three outlines Board considerations, analysis and findings applicable to all applications. Part Four contains the Board’s decision and reasons on each individual application. All four parts constitute the Board’s decision on these two sets of applications. Therefore, individual decisions should be read in conjunction with the first three parts. Page 4 Taxi Decision Passenger Transportation Board Table of Contents Part One: General Information I. Introduction A. Taxis in the Greater Vancouver Regional District B. Temporary Operating Permits (City of Vancouver) 8 12 Part Two: Applications in General II. Applications A. Suburban Taxi Applications B. Vancouver Taxi Applications C. Submissions to Published Application Summaries 16 16 16 III. Combined Proceedings 20 IV. Evidence of Public Need Common to All Applications A. Peak Demand and Supply of Taxis in Vancouver (Chow Report) B. Letters of Support / Media Reports C. Municipal and City of Vancouver Information D. City of Vancouver Administrative Report (March 16, 2012) 21 28 29 29 V. 31 Positions of the Parties Part Three: Board Considerations, Analysis and Findings VI. Board Considerations A. Public Need B. Sound Economic Conditions C. Applicant Fitness 36 37 38 VII. Analysis and Findings Common to All Applications A. Public Need B. Sound Economic Conditions C. Suburban Taxi Applications D. Vancouver Taxi Applications E. Applicant Fitness 38 40 42 48 49 …continued Page 5 Taxi Decision Passenger Transportation Board Table of Contents (Continued) Part Four: Decisions on Individual Applications 17 Suburban Taxi Applications 44-11 Aldergrove-Langley Taxi Ltd. 52 48-11 Queen City Taxi Ltd. 57 49-11 Burnaby Select Metrotown Taxi Ltd. 63 51-11 Delta Sunshine Taxi (1972) Ltd. 68 52-11 Kimber Cabs Ltd. 78 54-11 Guildford Cab (1993) Ltd. 84 56-11 Bonny’s Taxi Ltd. 92 57-11 Surdell Kennedy Taxi Ltd. 97 58-11 Port Coquitlam Taxi Ltd. 102 59-11 Bel-Air Taxi (1982) Ltd. 107 60-11 Royal City Taxi Ltd. 112 61-11 Tsawwassen Taxi Ltd. 117 62-11 White Rock South Surrey Taxi Ltd. 125 63-11 Coquitlam Taxi (1977) Ltd. 130 64-11 Newton Whalley Hi Way Taxi Ltd. 135 65-11 Sunshine Cabs Ltd. 144 56-12 North Shore Taxi Ltd. 152 4 Vancouver Taxi Applications Page 6 AV07-12 MacLure’s Cabs (1984) Ltd. 161 AV08-12 Black Top Cabs Ltd. 170 AV09-12 Vancouver Taxi Ltd. 177 AV10-12 Yellow Cab Company Ltd. 187 Taxi Decision Passenger Transportation Board Part One: General Information Page 7 Taxi Decision Passenger Transportation Board I. Introduction The Passenger Transportation Board makes decisions on applications for taxi licences. If a licence is approved, the Board sets terms and conditions of licence. These may specify such things as operating areas, maximum fleet sizes, vehicle carrying capacity, the number of accessible taxis in a fleet, etc. To change an operating area, licensees must apply to amend their terms and conditions of licence. To add vehicles, licensees must apply to increase their maximum fleet size. Taxis may only pick up passengers in municipalities for which they are licensed to originate passengers. The exception is taxis that have “return” or “(limited) reverse trip” authority on their licences. These are limited and specific circumstances. Under return trip authority, passengers may be picked up in the municipality where their trip terminated and returned to their originating municipality if the return trip is arranged before the originating trip terminates. Under limited reverse trip authority, passengers may be picked up in another municipality as long as (a) the trips ends in the taxi company’s originating area and (b) the customer has a charge account directly with the taxi company. A. Taxis in the Greater Vancouver Regional District The Greater Vancouver Regional District (GVRD) comprises 22 municipalities, one electoral area, and one treaty First Nation. The major centre is the City of Vancouver. The municipalities of North Vancouver (city and district), West Vancouver, Burnaby and Richmond are immediately adjacent to Vancouver. City of Vancouver Taxis There are 588 taxis operating in the City of Vancouver. These vehicles are operated by 4 taxi companies: MacLure’s Cabs (1984) Ltd. (MacLure’s Cabs); Yellow Cab Company Ltd. (Yellow Cab) Black Top Cabs Ltd. (Black Top Cabs); and Vancouver Taxi Ltd. (Vancouver Taxi). Table 1 lists the number of active vehicles operated under each company’s passenger transportation licence. The Vancouver companies have authority to pick up passengers only in the City of Vancouver and the Vancouver International Airport (YVR). Page 8 Taxi Decision Passenger Transportation Board Table 1: Vancouver Taxis Applicant PT Licence Active Vehicles MacLure’s Cabs 70199 65 Yellow Cab* 70277 249 Black Top Cabs 70294 197 Vancouver Taxi** 70538 47 70546 30 Total * 588 One of the vehicles in the fleet is under a separate passenger transportation licence that does business as “Yellow Cab” ** Vancouver Taxi has 2 passenger transportation licences. The additional vehicle application was made under PT licence 70538. The temporary operating permits were issued to PT licence 70538. Table 2: Suburban GVRD Taxis Primary Operating Municipality* # of PT Licensees Active Vehicles North Vancouver/West Vancouver North Shore Taxi Sunshine Cabs 2 190 125 65 Burnaby Bonny’s Taxi Burnaby Select 2 Coquitlam/Port Coquitlam/ Port Moody Port Coquitlam Taxi Coquitlam Taxi Bel-Air Taxi Richmond Richmond Taxi** Coral Cabs Garden City Taxi Kimber Cabs Area* # of PT Licensees Active Vehicles Delta/Surrey/ White Rock *** Guildford Cab Surdell-Kennedy Taxi Newton Whalley Taxi Tsawwassen Taxi Delta Sunshine Taxi White Rock/South Surrey Taxi 7 320 50 69 70 28 40 63 119 115 4 Langley Aldergrove Langley Taxi**** 1 16 16 3 91 14 31 46 Pitt Meadows/Maple Ridge Allouette Taxi Meadow Ridge Taxi Syd’s Taxi 3 30 10 10 10 4 131 64 19 30 18 New Westminster Queen City Taxi Royal City Taxi 2 63 11 52 24 960 Total * Some taxi companies in the GVRD may pick up in a small portion of a neighbouring municipality - e.g. Bel-Air may pick up within 3 km of Burnaby. The above chart lists primary operating municipalities for taxi companies. ** Companies highlighted in shading are not part of the suburban taxi applications. *** All companies may pick up passengers in Surrey. Guildford, Surdell Kennedy, Delta and Tsawwassen may pick up passengers in Delta. Newton Whalley and White Rock/South Surrey may pick up passengers in White Rock. White Rock/South Surrey may also pick up passengers in Langley. Page 9 Taxi Decision Passenger Transportation Board **** Some companies that operate primarily in the Fraser Valley Regional District may also pick up passengers in some or all of Langley. These companies are not included in the chart. Suburban Taxis There are 960 taxis that operate in the other municipalities in the GVRD. These are operated under 24 passenger transportation licences. Table 2 lists these “suburban” taxi licensees, the primary areas in which they operate and their total number of active vehicles. Taxis licensed by the Vancouver International Airport (YVR) Authority The YVR Authority issues its own licences ("YVR licences") to specific companies and vehicles to queue for passengers at the Vancouver International Airport (YVR), which is in Richmond. These licensed taxis must comply with contractual arrangements entered into between the companies and YVR. Currently, 16 companies and 525 vehicles are licensed by the YVR Authority to provide service at the airport. (Each company is also authorized on its passenger transportation licence to pick up passengers at YVR.) The YVR Authority renegotiates the contracts every 4-5 years. There is no obligation on the Authority to maintain its current agreements with the 16 taxi companies. Table 3 (on the next page) lists the taxi companies which have a current agreement with the YVR Authority and the number of vehicles licensed by it. Not all of the 17 suburban taxi applicants have an agreement with the YVR Authority. Richmond Taxi Ltd., which is not a suburban taxi applicant, is licensed by the YVR Authority to operate 74 taxis at the airport. Peak Period Taxi Service in the City of Vancouver Historically, bar closing, special events and seasonal activities have resulted in increased demand for taxi service in the City of Vancouver, especially in the “Downtown Vancouver Entertainment District”. Special events and seasonal activities may include such things as peak period cruise ship days, the annual “Celebration of Light” fireworks, sporting events and concerts. (The Vancouver Fraser Port Authority and people in the tourism sector sometimes use terms such as “black days” and “red days” to refer to days when cruise ship activity exceeds a certain threshold.) Issues associated with peak period taxi supply include: longer waiting times, lack of cabs and trip refusals, especially for trips to the suburbs. In 2009, the Board noted in it decision on an application from Vancouver Taxi Ltd. at page 6: Page 10 Taxi Decision Passenger Transportation Board As part of my investigation through the Registrar, I asked the Vancouver Police Department (VPD) to comment specifically on the peak times for taxi demand in the entertainment district and on recent service level performance during these times. I also asked VPD to comment on the impact, if any, attributable to the 2007 increase in taxis. The January 27 2009 reply included a statement from the Sergeant assigned to police the entertainment district: “On Friday and Saturday nights the lack of Cabs on the Mall starts around 0030hrs, because every other event around the city is getting out. By 0200 hrs very few cabs on the mall until shift change at 0400 hrs. At 0410hrs we have lots of cabs again as dayshift drives start their shift.” Further comments include: “During certain times or events there are simply too many customers for too few taxis. We still see fares being refused and being justified by the driver as ‘shift change’ and the driver not ensuring that a second taxi has been called. Drivers are refusing to take the out of town trips wanting only to service the local destinations.” The representative of the VPD goes on to state that he believes that: “there is still room to increase the size of the Vancouver taxi fleets to meet peak demand on event dates, weekends, cruise ships, GM place, fireworks etc. without having a negative effect on non peak times as Vancouver has a large and increasing population many of whom don’t have access to vehicles.” Table 3: Companies Licensed by YVR Authority to operate at Vancouver International Airport Licensee # YVR Taxi Licences Maximum Fleet Size on PT Licence Bonny’s Taxi Ltd. 81* 115 Coquitlam Taxi (1977) Ltd. 30 31 North Shore Taxi (1966) Ltd. 31 125 Sunshine Cabs Ltd. 28 65 Royal City Taxi Ltd. 9 52 Kimber Cabs Ltd. 18 18 Delta Sunshine Taxi (1972) Ltd. 54 40 Tsawwassen Taxi Ltd. 28 Guildford Cab (1993) Ltd. 17 50 Newton Whalley Hi Way Taxi Ltd. 16 70 Surdell Kennedy Taxi Ltd. 40 69 White Rock South Surrey Taxi Ltd. 28 63 Black Top Cabs Ltd. 5 197 Vancouver Taxi dba Handicapped Cabs 3 30 Vancouver Taxi Ltd. 47 MacLure’s Cabs (1984) Ltd. 29 65 Yellow Cab Co. Ltd. 62 249 451 1314 Total * Page 11 Some of the airport licences issued to Bonny’s Taxi may be operated by Queen City Taxi, a corporately related company. The information received by the Board was not clear on this point. Taxi Decision Passenger Transportation Board In September 2010, the provincial government introduced new impaired driving legislation. This legislation imposes sanctions on drivers who have blood alcohol content above 0.05. The enactment of this legislation raised concerns about adequacy of taxi supply in many cities in the province. Vancouver City Council, at its meeting on November 16, 2010, referred the matter of taxis in the entertainment district to a Standing Committee. The Committee made the following motion, which was endorsed by Council: THEREFORE BE IT RESOLVED THAT staff be directed to work with the taxi roundtable and other stakeholders, and to report back with recommendations as to measures to improve service to customers at peak periods, including but not limited to possible temporary licenses. In 2011, a sub-group of the Vancouver Taxi Roundtable met to identify a range of possible taxi service improvements. This work was put on hold pending the completion of a report, commissioned by the four Vancouver taxi companies, on peak period taxi service. A March 16, 2012 Administrative Report by City of Vancouver staff indicated that this sub-group identified initiatives related to managed taxi stands in the entertainment district, revising driver shift change times, transit service improvements, centralized dispatching, public education and enforcement. Board staff attended initial sub-group meetings. However, this participation was curtailed in light of application files before the Board as outlined below. B. Temporary Operating Permits (City of Vancouver) In February 2011, the Board received similar applications from the four Vancouver taxi companies. The companies asked for Temporary Operating Permits (TOPs) to operate 65 additional vehicles in Vancouver. These vehicles would operate on Friday and Saturday nights from 3:00 p.m. to 6:00 a.m. as well as “special days”. The specific requests are listed in Table 4. Page 12 Taxi Decision Passenger Transportation Board Table 4: Temporary Operating Permit Requests Company No. of Permits Requested Yellow Cab Company Ltd. 24 Black Top Cabs Ltd. 20 Vancouver Taxi Ltd. 11 MacLure’s Cabs (1984) Ltd 10 TOTAL 65 The companies described this as a pilot project. They hired, on their own volition, Garland Chow, Associate Professor at the Sauder School of Business, UBC to monitor and evaluate the effectiveness of the TOPs. The Board approved the TOPs. The decisions stated: The Board obtained a copy of the terms of engagement for Professor Garland Chow who has been engaged to monitor the performance of the pilot project. This project scope includes the full fleet of each of the four companies. I understand that the findings of this study are to be shared with the Taxi Round Table, the City of Vancouver and the Board. I am satisfied that the pilot project, if complete and consistent data are monitored and assessed as described in Professor Chow’s terms of engagement, will provide valuable information in determining an optimal solution to the issue of taxi service in the City of Vancouver on a more permanent basis. The issue of the “urgency” of public need relating to the taxi service at peak periods in the City of Vancouver is not a recent phenomenon. The issue reached near crisis proportions prior to the granting of 111 new full time taxi authorizations in 2007. The infusion of additional capacity brought some relief, but taxi supply still appears to fall short of demand for a few hours most weeks. From time to time, temporary actions, unsanctioned by the Board, have been taken such as allowing suburban taxis to pick up at peak times. These temporary actions create ongoing enforcement issues, but have been deemed necessary in the interest of public safety. Currently, the size of the issue, and lasting solutions that clearly solve the problem without creating new problems, are still not sufficiently defined. I find that the need for the TOPs requested in the four applications by the Vancouver taxi companies is both urgent and temporary. Granting the TOPs will provide a temporary solution to an ongoing problem. The careful monitoring and assessment of the pilot project should provide valuable information with respect to the size of the problem and the economics of this potential solution. Table 5 sets out the peak period taxi TOPs the Board approved for City of Vancouver companies. When TOP vehicles are operating, the total taxi fleet available in Vancouver increases to 653 vehicles. Page 13 Taxi Decision Passenger Transportation Board Table 5: Peak Period TOPs for Vancouver Taxi Companies Yellow Cab Vancouver Taxi Black Top MacLure’s Total 24 11 20 10 65 Vehicles: Date Range Days & Times Date Range Days & Times Date Range Days & Times Date Range Days & Times Date Range Days & Times Page 14 April 29, 2011 – October 30, 2011 Friday and Saturday evenings (3 p.m. – 6 a.m.) Red & Black Cruise Ship Days and special summer fireworks events Stanley Cup Final Game November 4, 2011 – January 1, 2012 Friday and Saturday evenings (3 p.m. – 6 a.m.) from November 4 - November 27, 2011 Sunday to Monday morning on November 20 & 27, 2011 Thursday evening November 24th Evenings (3 p.m. – 6 a.m.) from December 1, 2011 until December 31, 2011 January 27, 2012 – April 21, 2012 Fridays and Saturday evenings (3 p.m. – 6 a.m.) April 27, 2012 – July 15, 2012 Fridays and Saturday evenings (3 p.m. – 6 a.m.) May 11, 2012; May 19, 2012 (24 hours) July 20, 2012 - October 13, 2012 Fridays and Saturday evenings (3 p.m. – 6 a.m.) Wednesday, August 1, 2012 (3 p.m. – 6 a.m.) September 14 and 22, 2012 (24 hours) September 23, 2012 (6 a.m. to 6 p.m.) Taxi Decision Passenger Transportation Board Part Two: Applications in General Page 15 Taxi Decision Passenger Transportation Board II. Applications Suburban Taxi Applications On July 27, 2011, the Board published applications from 16 suburban taxi companies. These companies have applied to amend their terms and conditions of licence. They seek permanent authority to operate up to 15% of their fleets in Vancouver during peak periods (i.e. weekend evenings and special days). On March 7, 2012, the Board published an application from a 17th suburban taxi company which also applied for permanent authority to operate up to 15% of its fleet in Vancouver during peak periods. If all these applications were approved, there would be an additional 124 taxis available to operate in the City of Vancouver on weekends and special days. A. Vancouver Taxi Applications On February 22, 2012, the Board published additional vehicle applications from 4 Vancouver taxi companies. These companies have applied collectively for permanent authority to operate 99 additional vehicles in Vancouver during peak periods. If all these applications were approved, the Vancouver taxi fleet could increase to 687 vehicles during peak periods. B. Submissions to Published Application Summaries Suburban Taxi Applications The submitters to the suburban taxi applications were the Vancouver taxi applicants and the City of Vancouver. The submissions of the Vancouver taxi applicants are discussed below in section V “Positions of the Applicants”. On November 8, 2011, the Board received a letter from Gregor Robertson, Mayor of the City of Vancouver. This letter, dated November 8, 2011, stated: It has come to my attention that the Passenger Transportation Board is now considering the application of lower mainland taxi companies to provide service within city boundaries. As you are aware, the City of Vancouver is working with the city's firms to monitor the impact of the temporary licensing system pilot program to address service issues within the city. It is my view and Council's that any move to allow the lower mainland firms to operate within Vancouver boundaries would be Page 16 Taxi Decision Passenger Transportation Board very destructive to customer service quality and the stability of our established firms. It would amount to a wholesale reorganization of the taxi industry with unpredictable consequences, including for municipalities neighbouring Vancouver. For all these reasons, I urge you to reject the application of the lower mainland firms and to work with Vancouver to improve service by building on the results of the current temporary licensing program. Counsel for the 17 suburban taxi applicants submits that the letter from the Mayor of Vancouver has no evidentiary value and that the statements are sweeping and unfounded, with no factual basis. Vancouver Taxi Applications The suburban taxi applicants made submissions on the Vancouver taxi applications. The submissions are discussed below in section V “Positions of the Applicants”. In addition, the Board received the submissions outlined below. Bhupinder Singh THIARA, Satnam Singh THIARA; Bhupinder Singh DHALIWAL (drivers) (2 letters plus petition with 14 signatures) TOP study was focused on supply and demand, not customer service or the economic condition of drivers Only profitable shifts for drivers are weekends and cruise ship days. Adding more vehicles will hurt drivers Raises issues relating to working conditions for drivers, high lease rates for drivers, high share prices, and lack of job security for drivers Asks for public hearing, with driver representation Asks for Board to issue licences to drivers Pacific Coast Co-op Taxi (drivers) (letter plus list of 65 members, newspaper article, letter from high school student) Companies requesting the licences to sell shares, not for customer service High lease rates per shift detract from customer service; Companies don’t care about customer service only profit Page 17 Taxi Decision Passenger Transportation Board No job protection for drivers Leasing is “illegal” according to information drivers received in a meeting with the Minister and Registrar of Passenger Transportation Letter from student highlighted the types of fees her father as a driver must pay to Black Top Cabs every month, leaving him with a very small profit margin, plus tips. Kashif SHEIKH, a driver, submitted a letter and a petition with 36 signatures Drivers pay high lease rates and work long hours Drivers forced to cover night shifts for 12 hours, 7 days a week High lease rates detract from customer service Licences issued to companies are resold at hundreds of thousands of dollars Companies violate employment standards and National Safety Code requirements Drivers pay the entire costs of operating the additional vehicles; companies profit Board should consult directly with drivers before approving applications The petition stated: “In support of submission to PTB against the release of new taxi licences in Vancouver”. BC Taxi Association Majority of taxis licensed at YVR belong to the 17 applicants and the majority of YVR trips are to downtown Vancouver (cites figures obtained from member companies and claims the companies drop over 575,000 fares from YVR and GVRD municipalities to downtown Vancouver.) 17 suburban cabs have the capacity to serve downtown Vancouver – offer is a practical and financially viable option Suburban cabs have no problem taking fares to the suburbs City of Vancouver has been closed-minded to the suburban option Page 18 Taxi Decision Passenger Transportation Board Mr. Robbins, on behalf of the Vancouver taxi applicants, responded to the submissions as follows: Bhupinder Singh THIARA; Satnam Singh THIARA; Bhupinder Singh DHALIWAL Labour, employment and safety grievances are not within the jurisdiction of the Board Drivers have not made applications to the Board Pacific Coast Taxi Co-op Taxi & letter from Blossom Malhan No such entity exists – name reservation expired A number of the grievances listed are not within the Board’s jurisdiction Kashif Sheikh The matters of labour and employment are beyond the jurisdiction of the Board The Board should not give any weight to submissions and lists of names BCTA Takes issue with the YVR statistics quoted by BCTA. All other comments in the BCTA submissions were included in the submissions from the 17 suburban taxi applicants. The Board received confirmation that on March 7, 2012, Pacific Coast Co-op Taxi (PCCT) was incorporated as a Cooperative Association. In March 2012, the Board received an anonymous communication claiming that the Vancouver taxi applicants were asking drivers to sign a letter indicating that they were not supporting any driver association in their submissions to the Board. The Board forwarded the letter to Mr. Robbins and sought comments. He replied that one of the Vancouver taxi companies, without the knowledge of the other three, prepared the letter. It was only signed by one individual. The letter was immediately withdrawn from circulation and the signed letter was destroyed. Page 19 Taxi Decision Passenger Transportation Board III. Combined Proceedings The Vancouver taxi applications and the suburban taxi applications relate to the issue of supply of taxis in Vancouver at peak periods, primarily in the entertainment district. The Board, pursuant to section 14 of the Passenger Transportation Act, is conducting the proceeding for both sets of applicants at the same time. Production and disclosure of documents The Board notified the applicants of this procedural decision on March 30, 2012. At that time, the Board issued an Order requiring each set of applicants to produce 2 copies of its application materials and application related correspondence. This material included spreadsheets that the Board had asked each applicant to complete. The applicants complied with this Order. The Vancouver taxi applicants objected to the disclosure to the suburban taxi applicants of some of the data that they provided to the Board. The Vancouver taxi applicants maintained that this was “very valuable business information that could be directly and significantly harmful to the competitive position of the 4 Vancouver Taxi Cab Companies”. The suburban taxi applicants questioned whether the material was proprietary in nature and saw “no compelling reason for the request to withhold information and disclose that information on conditions”. However, if the Board were to limit disclosure in some fashion, the limitation should be consistent among both sets of applicants. The Board was not entirely convinced by the arguments set out by the Vancouver taxi applicants. However, in the interests of processing and proceeding with the applications in a timely manner, the Board decided that administrative fairness could be accomplished through a limited disclosure of the information to counsel and 1 authorized representative of each set of applicants. On June 7, 2012 the Board disclosed documents to the applicants. In accordance with Rule 12 of the Board’s Rules of Practice and Procedure, private financial information was not disclosed. Page 20 Taxi Decision Passenger Transportation Board Final Submissions and Replies On July 3, 2012, the Board received final submissions from counsel for the respective applicants and received replies to these submissions on July 10, 2012. IV. Evidence of Public Need Common to All Applications A. Peak Demand and Supply of Taxis in Vancouver’s Downtown Entertainment District: Final Report, Garland Chow (February 27, 2012) In 2011 the 4 Vancouver taxi companies engaged Garland Chow, Associate Professor at the Sauder School of Business, University of British Columbia, to conduct a study of the relationship between taxi supply and service. The terms of reference for the project, dated March 10, 2011, list the goals of the project as measuring the impact of the TOP pilot project on: The performance of the Vancouver taxi industry in meeting the needs of taxi customers The productivity of the Vancouver taxi industry in terms of vehicle utilization The project measured service and productivity before the 65 TOP vehicles came into effect and after. The purpose of the overall TOP monitoring project was to measure “taxi service levels and relate this to the number of taxis in the system.” Dr. Chow’s report (“Chow Report”) was released in final form on February 27, 2012. (This replaced a previous version of January 10, 2012.) The Chow Report discussed the following sources of data: 1. Dispatch data and telephone call data 2. Taxi patron surveys 3. Taxi screen line counts Dispatch Data and Telephone Call Data Dispatch data was collected from the taxi companies’ computerized dispatching system, Digital Dispatch Systems (DDS). Black Top Cabs and MacLure’s Cabs use a version of DDS Page 21 Taxi Decision Passenger Transportation Board that only tracks dispatched trips, and not flag or hailed trips. One company, Yellow Cab, has a version of DDS that tracks both dispatched and flag trips. Computer system data from Vancouver Taxi was not archived by DDS and computer system records were not included in the Chow Report. The Chow Report examines dispatch data for 4 weekends in April 2011 (before the 65 TOP vehicles were operating) and 4 weekends in September and October 2011 (when the 65 TOP vehicles were operating). Over 100,000 trip records were examined. Generally, the Chow Report looks at data for weekend peak period shifts from 9:00 p.m. to 6:00 a.m. Dr. Chow notes that only the computer data from Yellow Cab reflects the total business of the taxi firm. Of the data analyzed, between 9:00 p.m. and 6:00 a.m., 72% of Yellow Cab trips were flagged and the other 28% were dispatched. Further analysis of Yellow Cab’s data shows that flag trips were over 80% of the company’s business between 1:00 a.m. and 4:00 a.m. When examining trips in the downtown core1, flagged trips represent 88% of Yellow Cab’s overall business. The Chow report suggests that the percentage of flagged trips may be even higher for Black Top Cabs and MacLure’s Cabs. During each 4-weekend period that the TOPs were in effect, Yellow Cab’s fleet utilization between the hours of 1:00 a.m. to 4:00 a.m. was consistently above 98% when both flagged and dispatched trip data were examined. Further, dispatch trip records for 3 taxi companies, excluding Vancouver Taxi, indicate that 550 of 565 taxis (97%) were in service during the 9:00 p.m. to 6:00 a.m. weekend shift over 4 weekends between September 16 and October 8, 2011. This is slightly higher than the 492 of 511 taxis (96%) that were in service in April 2011. The Chow Report suggests that “the high fleet utilization indicates that the additional TOPs were not substitutes for existing vehicles.” Data from all 3 companies indicates that dispatch response times essentially remained the same between pre-TOP vehicles and during the TOP period. Table 6 shows that in April 2011, 83.75 % of calls from the downtown core were responded to within 10 minutes, 92.80% within 15 minutes and 96.58% within 30 minutes. These percentages are slightly The downtown core is defined as the area of Vancouver that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. 1 Page 22 Taxi Decision Passenger Transportation Board lower in the period when the 65 TOP vehicles were operating2 as can be seen in the Sept./Oct. 2011 column of the table. Table 6: Service response times3 for trips originating from Downtown Vancouver (adapted from the Chow Report) April 2011 Sept./Oct. 2011 Trips within 10 min 83.75% 81.35% Trips within 15 min 92.80% 91.12% Trips within 30 min 96.58% 95.95% In discussing whether these statistics represent “good performance”, Dr. Chow states: Is this good performance? The researcher is not aware that the PTB, or its predecessor, has specified an acceptable probability that a customer will get service within a given number of minutes since this information was not available to measure in the past. However we have found that the San Francisco Taxicab Commission had set the following response time goals for taxicabs: • 70 percent of the time taxicabs will arrive within 10 minutes of the service call, • 80 percent within 15 minutes, and • 99 percent within 30 minutes4 Taxi Patron Survey This was an in-person survey of taxi patrons. The objective was to measure the service and satisfaction of taxi users before and after the implementation of the TOP program. The taxi patron survey in April 2011, before the TOP vehicles were operating, produced a benchmark to measure the impact of the TOP program. The second Taxi Patron Survey (TPS) in September/October 2011 measured the level of service and satisfaction after TOPs These figures cap dispatch response time at 60 minutes to account for anomalies in the central dispatch system. 2 3 This is the time from when a call was received by the dispatch/call centre to the time the taxi trip began. 4 Dr. Chow cites a 2001 report by Nelson/Nygaard Consulting Associates, Making Taxi Service Work in San Francisco, Final Report, (2001), as the source for these benchmarks. Page 23 Taxi Decision Passenger Transportation Board had been in place for 5 months. The TPS concentrated on service in the downtown core. Taxi users were questioned on Granville Street and in Yaletown and Gastown. The TPS measures satisfaction of both flag and dispatch service. It also reflects the customer’s perception of the total taxi trip. The disadvantage is that the surveys are resource intensive. The Chow Report notes that “The information collected is inherently an estimate or a qualitative evaluation. However such evaluations are more rigorous when large sample sizes (e.g. large survey size) are obtained so that central tendencies (e.g. averages) are more likely to be accurate representations of reality.” The report goes on to note that the two surveys collected a large enough sample to “accurately estimate overall satisfaction” during the two time periods. In April 2011, 73% of TPS respondents acquired taxi service by flagging or hailing a taxi from the street. In October 2011, this number increased to 77%. The Chow Report noted that this supports dispatch data findings. TPS respondents indicated that peak demand for taxi service in the downtown area is between 1:00 a.m. and 4:00 a.m. on weekends. The Chow Report notes that this is consistent with pub and nightclub closing times. Demand for taxis in the downtown core between 2:00 a.m. and 3:00 a.m. is almost 6 times greater than demand for any hour between 10:00 p.m. and 1:00 a.m. In April 2011, 56.9% of TPS trips were to Vancouver destinations. In October, 56% of TPS trips were to Vancouver destinations. The other trips were to suburban destinations. The Chow Report notes: “Burnaby was by far the most frequent suburban destination followed by the North Shore and Richmond”. Approximately 52% of the April 2011TPS respondents could remember the taxi company that picked them up on their last flagged trip and 55% percent to the October 2011 TPS respondents could remember this. Eighty-eight percent of the flagged taxi trips were made by Vancouver-based taxis and 12% by non-Vancouver taxis in April and the percentage of Vancouver taxis providing the service increased slightly to 90% in the October survey. A smaller percentage of TPS respondents in April 2011 and October 2011 remembered the taxi company that they phoned for service. In April 2011, 85% of the taxi companies called were based in Vancouver and in October 2011, this number decreased to 82%. The Chow Page 24 Taxi Decision Passenger Transportation Board Report notes that the average number of calls by TPS respondents to cab companies was about the same for April and October; however, the percent of dispatched taxis requiring one call went up from 61 to 68% at the expense of those taking two calls which went down from 22 to 15%. In October, as compared to April, TPS respondents reported “significantly shorter” pick up or wait times when they called for taxi service. The Chow Report also notes a “substantial improvement” in TPS satisfaction ratings for taxi dispatch service in October 2011 over April 2011. The Chow Report measured service satisfaction for flagged trips as to how long it took users to find a taxi after leaving a venue. On average, taxi users took 16 minutes in April to find a taxi and 15 minutes in October. The Chow Report stated that: When the two results; time to flag a taxi and distance to flag a taxi are considered together, it would appear that taxi service improved between April and October. Taxi patrons had to walk a longer distance (likely due to the Granville St. closure) but the overall time to successfully flag a taxi was basically the same, indicating that taxi patrons under TOP were able to flag a taxi down faster once they reached an area where taxis circulated. In April 2011, 21% of 652 TPS respondents indicated that a taxi driver had not permitted them to board the taxi. In October 2011, this number decreased to 17% of 642 respondents. The principal reason for trip refusal cited was “not the destination/direction as drivers wanted”. The Chow Report notes: Although the number is small, it is not unexpected that the taxi refusals that were attributed to “end of driver” shift decreased from 5 to 0. When the 65 TOP licensed vehicles went into service, the end of shift was staggered so that a new set of taxis arrived into service at around 3:00 am, reducing the previous end of shift problem. The Chow Report also notes a “significant increase” in TPS satisfaction ratings for taxi flag service in October 2011 over April 2011. It concluded that with one exception flag service performance was improved by all measures available in October over April. The Chow Report analyzed TPS responses regarding Vancouver and non-Vancouver taxi companies and concluded that customers were more satisfied with their Vancouver taxi experiences. It also noted that: This observation should be interpreted with caution. On one hand, this result could be dismissed with respect to dissatisfaction or satisfaction since the customer experience is with respect to the availability of any taxi to pick the customer up. The rating may be a reflection the service provided as a whole by both Vancouver and non-Vancouver taxis. On Page 25 Taxi Decision Passenger Transportation Board the other hand, both the Vancouver and non-Vancouver taxis have an equal chance of picking up either a satisfied or unsatisfied customer. Thus on balance if Vancouver and non-Vancouver taxis were providing service equally, their service ratings should have been equal. As they are not, one explanation is that the different service evaluation may have reflected the specific service (attitude, courtesy, extra charges, condition of the taxi) which is driver and taxi specific. In summary, taxi patrons were clearly more satisfied with the total taxi experience they had when they were picked up by Vancouver licensed taxis at 74.3% as compared with a satisfaction rating of 63.7% for pick up by non-Vancouver taxis, but a clear explanation is lacking. The Report stated that service satisfaction for both Vancouver licensed and non-Vancouver licensed companies increased in October over April; however, the larger improvement was noted for Vancouver based companies. Taxi Screen Line Survey The taxi screen line survey measured taxi supply. The Chow Report indicated that relying only on Vancouver taxi dispatch records would omit any taxis from suburban taxi companies who may be operating - legally or illegally – in the City of Vancouver. It also would not include limousines that may be operating. The screen line count, undertaken in the downtown core, was used to quantify supply and identify sources of supply. The “preTOP” surveys were completed on April 22 and 23, 2011 and “with TOP” surveys were completed on November 18 and 19, 2011. Both sets of surveys were conducted when Granville Street was open. Screen line counts were conducted at 13 locations between 10:00 p.m. and 4:00 a.m. Any recognizable vehicles for hire were included. Buses were not. A total of 8,010 vehicles were counted in April and 8,394 in November. Limousine traffic increased by 39.77 percent, while total taxi traffic, excluding limousines, increased by almost 2.32 percent. However, there was a decline in the number of taxis with their service lights on, indicating that “there was a decline in the number of taxis actively looking for passengers”. The Chow Report notes that while the presence of limousines may be overstated, the role of limousines seems to have increased. “The data thus suggests that limousine service is growing substantially in the downtown entertainment district, albeit from a very small base.” In both April 2011 and November 2011, the greatest amount of taxi activity is Page 26 Taxi Decision Passenger Transportation Board between 11:00 p.m. and 1:00 a.m. The number of taxis in service relative to taxis on the road is also higher during these time periods. The Report notes: These observations are consistent with the departure of people from the downtown starting at 1:00 am and accelerating at 2:00 and 3:00 am. Before 1:00 am, there is less demand so the number of taxis that have not found a fare and already moving a passenger are fewer. In addition, fewer taxis have left the downtown and are still cruising for fares. In contrast during the 1:00 to 4:00 time period, many taxis already have passengers or are outside the downtown core making a customer drop-off. In April 2011, screen line count results indicated that 14.59% of the taxis observed were non-Vancouver taxis and in November 2011 this percentage increased to 16.24%. Of the taxis with service lights on, in April 2011, 11.92% were non-Vancouver taxis and in November 2011, 8.84% were non-Vancouver taxis. The Chow Report summarized the results of the screen line counts as follows: There were 2.3% more taxi movements observed in November than April. The percent of taxis observed which were Vancouver licensed declined from 85.41% to 83.76% from April to November. The number of in-service taxi movements observed in November declined by 10.8% from April. The number of Vancouver licensed taxi movements that were in-service increased 1.3% in November from April. Dr. Chow’s recommendation to the Vancouver Taxi Association (January, 10, 2012) The following is Dr. Chow’s recommendation to the Vancouver Taxi Association (VTA) regarding the number of permanent weekend taxis for which the Vancouver companies should apply. Following your review of my taxi report, you have requested that I advise the Vancouver Taxi Association of my opinion on the number of permanent weekend evening taxi licenses that the four VTA companies should apply for in replacement for the 65 TOP licenses that have expired. It is my opinion that the VTA should apply for 100 permanent weekend evening taxi licenses. This is based on: The assumption that 12% of the taxi capacity on weekend nights is currently provided by taxis not licensed to provide pickup service in Vancouver. This is a conservative Page 27 Taxi Decision Passenger Transportation Board figure based on the October 2011 taxi patron survey and corroborated by the April and November 2011 screen line count surveys. The effective fleet that is out on the street in Vancouver is 742 vehicles which is the size of the Vancouver licensed fleet in October of 653 divided by .88 (1 - .12). This suggests an additional 89 taxis could be added beyond the 65 TOP licenses but this is only economically realistic if non-Vancouver licensed taxis are taken off the road. If they are not, then the productivity measured by trips per vehicle could decline significantly from the April 2011 benchmark. B. Letters of Support/Media Reports The suburban taxi applicants provided 14 letters or certificates of support with their applications. These were collected in February 2011. Two letters are identical in content, but signed by different organizations. One letter of support dated December 2, 2010 came from the B.C. Taxi Association. In this letter, the Association said that if suburban taxis were allowed to operate in the City of Vancouver at peak periods, the companies would “have a supervisor to ensure those cabs are there to serve and also to ensure that suburban cabs which are not authorized are kept out. Ten of the certificates of support were from businesses based in Vancouver and one was from an individual. All note the need for better taxi service in Vancouver, especially on weekends and evenings. Many note that they serve tourists or guests to the city, who often comment negatively on Vancouver taxi service. The suburban taxi applicants also included various newspaper reports that generally highlight issues with taxi service on weekends in Vancouver. Many of these were from 2011 and later. C. Municipal and City of Vancouver Information On March 29, 2012, the Board received notice from the City of Vancouver that, among other things, Council “supports the Vancouver taxi companies’ application to the Passenger Transportation Board for permits for 99 additional taxicabs to improve service during weekend evenings and other peak demand days”. The City also recommended that the Board “set requirements for ongoing and standardized reporting metrics for taxi companies on trip volumes, wait times and taxicab Page 28 Taxi Decision Passenger Transportation Board availability for the purpose of evaluating taxi service levels and the impacts of changes in taxi service”. In November 2011, the Board wrote to Mayors in the GVRD served by the suburban taxi applicants. The Board notified the Mayors of the suburban taxi applications, identified the taxi companies in their area and asked that a questionnaire be completed. Thirteen responses were received from Councils or City staff. Responses were varied. The Cities of North Vancouver, Surrey, White Rock and Coquitlam were generally supportive of the applications, with Surrey and Coquitlam referencing airport cars. The District of North Vancouver, Delta, New Westminster, Port Moody, Langley and Abbotsford did not support or object to the applications, although some mentioned possible impacts on service in their home jurisdiction and municipal by-laws. Richmond, Burnaby and Port Coquitlam did not support the applications as approval might reduce service levels in their municipalities. D. City of Vancouver Administrative Report: Application of Additional Peak-Period Taxi Licenses (March 16, 2012) City staff prepared the above report for Vancouver City Council regarding the applications of the Vancouver taxi companies to add 99 vehicles to operate on weekend evenings and other peak demand days. The Administrative Report recommends that Council support the application, and noted that: The additional taxis will support the City’s sustainability objectives, will deal with a service issue related to a lack of available transportation services during late night hours on Fridays and Saturday evenings and will help deal with Police safety concerns with respect to crowd management in the Granville Entertainment District. The Administrative Report also provides some analysis of the importance of taxis to Vancouver’s transportation system. The City recognizes that taxis are a vital part of Vancouver’s transportation system. They offer a flexible, lighter footprint travel alternative to personal vehicle use and a safe alternative to drinking and driving. Many citizens rely on taxis to get around Vancouver as an extension to public transit and walking trips. Taxis also serve as a supplementary ondemand service to TransLink’s HandyDART for people with a permanent or temporary disability and those who do not find walking, cycling and conventional public transit feasible. As part of the consultation work that was done for the City's Transportation Plan Update in 2011, staff heard from some stakeholder groups that there should be more taxis during peak Page 29 Taxi Decision Passenger Transportation Board periods, particularly during late night/early morning hours when transit service coverage is minimal. The proposed application for more taxi licences identified in this report responds to that concern. The Vancouver Police Department also rely on taxis as a key part of the strategy to deal with crowd management in the Granville Entertainment District. It is important from a safety perspective to disperse crowds leaving the bars after closing hours in a fast and orderly manner. The Administrative Report reviewed findings in the Chow Report. It also described the pilot project as a success and indicated City of Vancouver support for the applications made by the 4 Vancouver taxi companies: Input from the Vancouver Police Department indicates that based on VPD Sergeant’s reports from Friday and Saturday nights, there has been a noticeable improvement in the availability of taxis in the Downtown Vancouver Entertainment District compared to previous years. This service improves the ability of the Police to clear the entertainment district after bar closing hours and reduce issues associated with fighting and other disturbances. However, the VPD note that service is not consistent and on some nights there are still problems associated with a lack of taxis, service refusal and complaints about taxi drivers. In light of the pilot project’s success, staff support the continuation of additional peak period taxis. While the pilot with 65 taxis was successful, the data indicates that the additional supply was absorbed by additional demand indicating that there is room for further improvement in service with more taxis. Additionally, the Police note that service is inconsistent at times. While it is difficult to make a recommendation on a specific number of taxis that are needed, staff support the application for 99 permanent part-time cabs to improve taxi service on weekend evenings and other peak days on an ongoing basis with further metrics on the service impacts be collected. (emphasis added) V. Positions of the Parties Counsel for both sets of applicants made submissions to the Board. Both the suburban taxi applicants and the Vancouver taxi applicants note that there is increased demand for taxi service in the City of Vancouver on Friday and Saturday evenings and other special event days. Each urges the Board to conclude that their applications represent the best solution to peak period taxi demand. The Vancouver taxi applicants submit that their applications for 99 additional peak period Page 30 Taxi Decision Passenger Transportation Board taxis should be preferred over the suburban taxi applications to amend their terms and conditions of licence to allow up to 15% of their fleets to operate in Vancouver at peak periods. The Vancouver companies are ready, willing and able to meet the public need as quantified in the Chow Report. Dr. Chow indicated that the Vancouver market could absorb more than 65 additional part-time taxis and up to 154 taxis. The Vancouver taxi applicants submit that it is common knowledge in the taxi industry in Vancouver that Friday afternoon is the busiest afternoon of the week. The suburban taxi applicants argue that the real issue for the Board is which business model will best alleviate the taxi shortage in Vancouver at peak periods. The solution is to allow the suburban taxi applicants to operate in the City of Vancouver for limited time periods. This will address public need as well as serve sound economic conditions for B.C. taxi companies using economies of scale. Table 7 summarizes the position of each set of applicant, primarily with regard to fitness and promoting sound economic conditions. Page 31 Taxi Decision Passenger Transportation Board Table 7: Position and Submissions of the Parties on Fitness and Sound Economic Conditions Fit, Proper & Capable Vancouver Taxi Applicants Suburban Taxi Applicants The Vancouver taxi applicants are fit, proper and capable. They have successfully operated 65 TOP vehicles for over 14 months. The investment in 65 vehicles has occurred. Over 90% of the Vancouver taxi applicants’ TOP cars are operated each weekend. TOP shareholder drivers and a small number of TOP lease drivers are averaging considerable revenue per weekend evening. The Vancouver taxi applicants are willing to address driver issues. National Safety Code profiles were provided. There is no comparison between the level of illegal operations of the Vancouver taxi applicants and those of the suburban taxi applicants. The suburban taxi applicants were issued collectively 111 administrative penalties for illegal pick-ups over a 2 year period from April 30, 2010-April 30, 2012. Taxi companies, as holders of a licence, must take responsibility for administrative penalties issued to them. If many of the suburban companies are unable to control the operations of taxis in their fleet on weekends, how can they be relied on to ensure that only 15% of their fleets would operate in Vancouver The suburban taxi applicants have a process to clearly identify the 15% of their fleet that will be deployed as excess capacity. The suburban taxi applicants will use computerized dispatch systems to monitor drivers and enforce penalties for any failure to comply with authorizations. Disclosure material from drivers and lease operators working for the Vancouver taxi applicants suggest the Vancouver taxi applicants have engaged in questionable business practices such as profiteering by charging excessive lease rates for weekend night shifts and created an artificial shortage of taxis to secure higher payments from drivers. The Chow Report made it clear there are a significant number of trip refusals by the Vancouver taxi applicants, many of which are destined for suburban locations. The Vancouver taxi applicants prefer a repeated number of short trips as these are more profitable than a long trip to the suburbs and returning to Vancouver empty. The suburban taxi applicants do not condone illegal pickups of passengers in downtown Vancouver and have a progressive discipline regime to deal with drivers involved in this illegal practice. It is ironic that a significant group of Vancouver taxi applicants is refusing trips as well. The suburban taxi applicants have offered no information on how decisions will be made on which cars in their respective fleets will be redeployed to operate in downtown Vancouver each weekend and how this allocation will be policed. Page 32 Taxi Decision Passenger Transportation Board Sound Economic Conditions Vancouver Taxi Applicants Suburban Taxi Applicants The approval of the suburban taxi applicants’ applications will result in the creation of a regional taxi licensing scheme in Metro Vancouver and will create more problems than it solves. Further, the City of Vancouver is not supportive of a regional licensing scheme. The breakdown of destinations prepared by Dr. Chow shows that the suburban destinations of downtown weekend taxi patrons is widely dispersed. The licences applied for by each of the 17 suburban taxi applicants have no relationship to the number of patrons destined to those municipalities. The 15% number of each suburban fleet that would be redeployed to pick up fares on Vancouver weekend evenings was a number picked out of the air. Comparing the distribution of suburban taxi applicants taxis by home jurisdiction with the percentage of patrons destined to those municipalities negates the suburban taxi applicants’ contention that many of the unserviced taxi patrons are going back to the very suburbs in which they are based. Suburban taxi applicants’ documents do not provide a definition or explanation of what constitutes a “surplus taxi”. The suburban taxi applicants appear to determine that the 15% excess capacity it has to operate on weekend evenings will be airport cars that allegedly have no trips back to YVR. The highest rate of taxi shortage at YVR has occurred between midnight and 3:00 a.m. Late night taxi shortages persist at YVR because taxis included in the rotation schedule often remain in downtown Vancouver. The suburban taxi applicants cite traffic statistics such as taxi trips to the City of Vancouver from YVR, and the home jurisdictions of the suburban taxi applicants as well as destination percentages for outbound taxi trips from YVR for 2010 and 2011 that terminate in Vancouver. There is no attribution given for these statistics so their accuracy cannot be determined. The statistics provided by the suburban taxi applicants to the Board regarding average taxis on shift between 10:00 p.m. and 5:00 a.m. May-November 2011 show only 2 of the suburban taxi applicants fleets ( SurdellKennedy and Sunshine Cabs) had 15% capacity of their fleets off duty during this time frame. Further, both companies have difficulties accounting for how many cars they have on the road because some or all of the cars do not purchase dispatch privileges from their respective taxi companies. If service problems at YVR remain in late evening between midnight and 3:00 a.m. and all but 2 of the suburban taxi applicants fleets are operating above 85% capacity where are the surplus taxis to be redeployed? The suburban taxi applicants’ business model is superior to that of the Vancouver taxi applicants. Suburban taxi applicants have the capital cost of the taxi vehicles, the ancillary equipment and drivers in place. There is permanent insurance on each vehicle. The Vancouver taxi applicants’ business model is not practical or sensible given a need to secure part-time drivers and insurance. There is no rationalization for acquiring and operating vehicles with an operation based on 2 of 7 days each week. The suburban taxi applicants have a significant presence at YVR. Many of its outbound trips from YVR are to downtown Vancouver on weekends. Based on current licensing, these vehicles are unable to fulfill downtown demand during peak periods. Vancouver taxi applicants are unable to suggest that the majority of Friday and Saturday night patrons are from their customer base. Analysis of data both in flagged and dispatched taxis by Chow show the destinations originating from downtown Vancouver going to suburban destinations range from 42-44%. The independent inquiries by the Board to the various municipalities, which are the home base of the suburban taxi applicants, provided an overall response that suggested there would be no loss of services by having the companies redeploy some of its excess capacity to downtown Vancouver on weekends. The suburban taxi applicants proposal is not intended to provide a 15% reduction in service to suburban municipalities The suburban taxi applicants have provided extensive dispatch records to confirm that all applicants have the capacity to devote 15% of their fleets to the proposed Vancouver service. Further the statistics show that the majority of passengers are picked up within a 5-10 minute window of calling a taxi. Taxi operations during Expo’86, the 2010 Winter Olympics and at YVR are examples of regional taxi licensing and are of precedent value. Taxi operations at YVR include a fair representation of taxi companies from all over the Lower Mainland. Therefore, as the downtown Vancouver entertainment district is a draw for the entire mainland, suburban taxi applicants should be given a limited opportunity to operate weekends in Vancouver to help with serious taxi shortages and equitably distribute business. There is no justification for the Vancouver taxi applicants to have all of the weekend evening business when a large percentage is suburban in origin. The City of Vancouver has been closed minded regarding to solutions proposed by the suburban taxi applicants and has denied requests by the BCTA for meetings to represent the suburban taxi applicants solution. Five municipalities (City of Burnaby, City of Port Coquitlam, City of Richmond, City of Langley, and District of North Vancouver) offered specific objections or Page 33 Taxi Decision Passenger Transportation Board concerns regarding taxi service impacts in their jurisdictions based on the suburban taxi applicants’ proposal. The City of Port Coquitlam may have been provided incorrect information regarding the collective and available capacity of the Bel-Air Taxi Group given the City’s most recent position that the redeployment of 15% capacity would be limited to those companies in the Bel-Air Group that serve the YVR. One of the suburban taxi applicants companies, Royal City Taxi Ltd,. has recently applied for 18 additional vehicles (a 35% increase) through application AV50-12. How can it claim to have 8 surplus vehicles for redeployment? Application AV 159-11 from Aldergrove-Langley Taxi Ltd. (ALTL) requested 7 additional vehicles. The Board approved 2 additional vehicles on December 2, 2011. Comments by ALTL in the application indicate it is not committing itself on a regular basis to allocating 15 % of its fleet to service Vancouver on Friday and Saturday nights, but filling in the odd slow day. The comments reflect that there may not be assurance that 15% of the suburban taxi applicants fleets will operate on weekend evenings in Vancouver. The Vancouver taxi applicants that are applying for 99 vehicles would have no alternative territory to operate in and this assures the reliability of peak period taxi service by them. Page 34 Taxi Decision Passenger Transportation Board Part Three: Board Considerations, Analysis and Findings Page 35 Taxi Decision Passenger Transportation Board VI. Board Considerations Section 28(1) of the Passenger Transportation Act states that the Board may approve a licence 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. All three requirements must be met before the Board will approve an application. In this Part of the decision the discussion of sound economic conditions flows naturally from the discussion of public need. Applicant fitness will be discussed after these. In the individual decisions in Part Four, we follow the order set out in the Act. Immediately below the Board sets out its approach to each consideration listed in section 28 (a) to (c) of the Act. A. Public Need The Passenger Transportation Act says that the Board may approve an application if the Board considers that there is a public need for the service the applicant proposes. (emphasis added). The onus is on the applicant to prove to the Board that there is a public need for the service requested. In the present applications, the Board has a variety of material, from a variety of sources, relating to public need. This includes the study commissioned by the Vancouver taxi applicants, Administrative Reports from the City of Vancouver, information from municipalities, data provided by applicants and other supporting documentation. We are considering this evidence in its totality. It is compelling and speaks to public demand for taxi service during peak periods in Vancouver’s entertainment district. Page 36 Taxi Decision Passenger Transportation Board B. Sound Economic Conditions The Board looks at the state of taxi services in the area of the application and considers how more taxis in the area could affect service. The Board has looked at the overall health and quality of taxi service during weekends and peak periods in the Downtown Vancouver Entertainment District. The Board supports healthy competition within passenger transportation markets and discourages destructive competition that could unduly harm existing service providers. The Board is mindful that it has two sets of applicants applying to address the issue of public need and improved service in two different ways. One set of applicants is currently based in the market and requires additional vehicles to meet demand. The other set of applicants has the vehicles but is not based in the market. They claim that they have an oversupply of vehicles in their home jurisdictions that could be re-deployed to serve the Vancouver market during peak periods. In considering these applications, the Board examined the outcome of the TOP vehicles as outlined in the Chow Report. The report found that the TOP vehicles were fully utilized and were not substitutes for existing vehicles. The Board also looked at whether the suburban taxi applicants had excess capacity to serve the Downtown Vancouver Entertainment District on weekends and other peak period days. The Board is of the view that it makes practical and economic sense to make use of excess capacity to meet a time-limited demand before adding more vehicles to the Vancouver taxi applicants fleets. The Board also considered such factors as: The time continuum for peak period taxi demand in the Downtown Vancouver Entertainment District Destination of taxi users Trip refusals Capacity to serve home jurisdictions Page 37 Taxi Decision Passenger Transportation Board C. Applicant Fitness The goal is to maintain public confidence and integrity in the taxi industry. The “fit and proper” person test relates to such matters as the conduct and character of an applicant, whether the applicant is a sole proprietor, partner or corporation. The Board also reviews whether the applicant’s proposed operations are structured and organized in such a way that the applicant will be able to meet its obligations as set out in the Passenger Transportation Act and Regulation. Each applicant has previously been deemed fit, proper and capable in order to obtain its licence or an amendment to its licence. Each has its infrastructure in place and is an established taxi operator with a history of running a viable taxi service. From the evidence in the two sets of applications, it is apparent that the suburban taxi applicants have received a significantly greater number of administrative fines for operating outside their originating area. Over a two year period, the Ministry of Transportation and Infrastructure targeted enforcement initiatives in the Downtown Vancouver Entertainment District. The Chow Report indicates that there were a significant number of trip refusals to patrons seeking to exit the Granville Entertainment Centre. Also, some Vancouver taxi applicants have received administrative penalties for trip refusals and for operating outside their areas. Therefore, the Board took a balanced approach to the issue of fitness. VII. Analysis and Findings Common to All Applications A. Public Need The evidence supplied in the Chow Report is given considerable weight in determining public need. The report addressed a number of concerns regarding the need for additional taxi service at peak times during weekends. The dispatch and telephone call data, taxi patron surveys and taxi screen line counts indicate that after the 65 vehicles were introduced to the Vancouver taxi fleets: service coverage improved wait times and trip refusals declined Page 38 Taxi Decision Passenger Transportation Board user satisfaction increased These service impacts are notable between the hours of 10:00 p.m. to 4:00 a.m. on weekends. The Chow Report found that peak demand for taxis in the downtown core increased after 1:00 p.m. and peaked between 2:00 a.m. and 3:00 a.m. Fleet utilization data from different sources (including the Chow Report and fleet utilization data from 4 Vancouver taxi companies) show full usage of regular taxis and TOPs during the pilot project. Monthly average fleet usage (with the 65 TOPs included) was generally 97% to almost 100%. For 3 of the 4 Vancouver taxi companies, the Chow Report noted the high use of TOP vehicles and suggested they were not substitutes for existing vehicles. The Board also accords substantial weight to the City of Vancouver’ s Administrative Report dated March 16, 2012 that supports the Chow Report in determining public need . The Board notes, in particular, the input attributed to the Vancouver Police Department regarding the need for greater taxi capacity and service to assist in the maintenance of law and order in the Downtown Vancouver Entertainment District. The Board also accorded weight to the letters and certificates of support as well as media reports supplied by the suburban taxi applicants. These highlight that in the entertainment district at peak periods on weekends there is limited public transportation, insufficient taxi capacity, and the need to clear patrons, who have been drinking alcohol, from the area as quickly as possible. As the Board has noted previously with additional vehicle applications, especially those seeking numerous vehicles, it is difficult to determine the precise extent of the unmet public need. This is exacerbated when dealing with a public need that focuses on a weekend spike in demand in a specific “entertainment district” of the City of Vancouver and the need for taxi service outside of this entertainment district. The Board finds that the evidence overall supports the approval of 137 vehicles that would be authorized to provide taxi service in the Downtown Vancouver Entertainment District on weekends. The Board finds that there was anecdotal evidence of need for other special days/events, most notably in the City of Vancouver’s Administrative Report. This need has been met by the Vancouver taxi applicants during the TOP period and the Board finds that these applicants are best positioned to continue to meet this need. Page 39 Taxi Decision Passenger Transportation Board Further, the Board considered the Chow Report and Dr. Chow’s observation that the peak period weekend taxi market in Vancouver can absorb, incrementally, the addition of 154 vehicles. It also considered excess capacity available to the suburban taxi applicants. Dr. Chow found the non-Vancouver licensed taxis serve this peak period market by between 9% and 16%. There was a risk to the Vancouver taxi applicants if they applied for a total of 154 vehicles before a further assessment was made of the service and productivity impact of 100 vehicles as well as the effectiveness of enforcement. The Board is confident that approving 137 vehicles will address public demand for taxis at peak periods on weekends, increase public confidence in a reliable peak period taxi service and maintain the overall taxi industry’s health and viability. B. Sound Economic Conditions The Vancouver taxi applications and suburban taxi applications, as noted earlier, are similar in that they are generally applying to service the same unmet public need. However, the two sets of applications are unique in how they may improve economic conditions in the passenger transportation industry. The overall time periods they propose to provide the peak period taxi services differ substantially. However, both will serve the busiest timeframe of taxi demand of 1:00 a.m. to 4:00 a.m. in the Downtown Vancouver Entertainment District. The Vancouver taxi companies have applied for authority to operate 99 additional taxis during restricted time periods and special days to meet an unmet public need in their authorized originating area. The time periods they propose to operate are Friday and Saturday nights from 3:00 p.m. to 6:00 a.m. Conversely, 17 suburban taxi companies have applied to expand their originating area to include the City of Vancouver. They seek to operate up to 15% of their existing fleets (124 taxis in all) in the City of Vancouver on Friday and Saturday nights from 10:00 p.m. to 5:00 a.m. These companies argue that they have excess capacity at these times. Both sets of applications also requested authority to provide service on special days/ events, such as peak period cruise ship days, and other days or events as defined by the Board. Page 40 Taxi Decision Passenger Transportation Board In considering whether the applications will “promote sound economics” in the transportation industry, the Board was persuaded by the submissions from the suburban taxi applicants that an expanded originating area will better utilize existing taxi fleets and be of economical and environmental benefit. The Board was also influenced by the significant volume of taxi users with suburban destinations and the significant volume of trip refusals to taxi patrons. The Chow Report cites that the most common reason for a taxi driver refusing a trip to a patron is “not the destination/direction wanted”. Although the Chow Report did not provide a breakdown of trip refusals by destination, Chow noted that “there are frequently cited instances where taxi drivers refuse to take passengers to the suburbs because short trips are much more profitable and drivers usually can’t find a fare on the return trip”. The Taxi Patron Survey data in the Chow report supported this contention. Since receiving applications from the suburban and urban taxi companies, the Board made a number of requests for data from the applicants relating to vehicle usage, trip volumes and wait times during certain peak periods. The Board also requested weekend trip volume data from YVR. For both the Vancouver taxi applicants and the suburban taxi applicants, trip and vehicle usage data varied. Data from some applicants was more useful and reliable than others. Generally, the Board found deficiencies in data collection technologies, the type of data that was collected, retention times and the presentation of data to the Board. The Board found itself in a situation where excessive time and resources were expended to weigh and assess the data it had received from applicants. Looking ahead, the Board would like to see taxi licensees work toward adoption of an enhanced dispatch system that gathers, retains and reports on taxi fleet usage and service quality over both short periods and multiple years. Rather than providing data when requested by the Board, taxi companies should proactively include reliable data reports that clearly show changes in taxi volumes and service levels. The Board sees that industry initiatives to enhance their systems for data reporting will be of general benefit to companies and regulators alike. Page 41 Taxi Decision Passenger Transportation Board The following sections discuss the data that was available to the Board. The discussion starts with the suburban taxi applications. Page 42 Taxi Decision Passenger Transportation Board C. Suburban Taxi Applications Suburban Taxi Data On October 26, 2011, the Board sent a request for more vehicle usage and trip information to the suburban taxi applicants. In January and February 2012, the Board received a large volume of data and charts from the 17 suburban taxi applicants. The information was not presented in a way that allowed the data to be compared from month to month, or from company to company. On March 12, 2012, the Board sent the applicants an electronic version of Excel spreadsheets it had developed. Each applicant was asked to enter its data into 7 monthly spreadsheets and an overview spreadsheets for all 7 months (May 2011 – November 2011). Monthly worksheets provided space to provide certain information. The spreadsheets also used the reported information to make certain calculations. Some of the information captured on the spreadsheet included the vehicles on and off shift, number of trips per taxi per hour during the time periods of 10:00 p.m. – 5:00 a.m. In response to technical questions and concerns, raised on behalf of suburban taxi applicants, the Board revised the spreadsheets. Revised worksheets were sent to the suburban taxi applicants on March 23, 2012. The Board also asked applicants to explain any discrepancy between total dispatched trips per shift and the number of trips used to report wait-times and report current commitments to allocate vehicles to YVR, especially at the times when they propose to operate up to 15% of their vehicles in Vancouver. Eleven of the 17 suburban taxi applicants provided spreadsheets for the 7 months requested. One applicant did not provide any spreadsheets. Three applicants provided data for 6 months, one for three months and one for three months in a different time period. The individual decisions for each applicant in Part Four provides details on the data received. Special Days & Events Materials received from the suburban taxi applicants to demonstrate excess capacity only relates to weekend evenings. There is no suburban taxi data regarding other special days Page 43 Taxi Decision Passenger Transportation Board and events. Thus, the Board cannot make findings regarding excess capacity of suburban taxi applicants at times other than peak periods on weekend evenings. YVR Traffic – Data Request The Board asked the Vancouver International Airport for total taxi trips originating from the airport’s main terminal (YVR). The Board asked for an hourly breakdown from 6:00 a.m. Friday to 6:00 a.m. Sunday for the months of July and October 2011. Analysis of Data After analyzing the spreadsheets from the suburban taxi applicants and the data from YVR, the Board identified the specific evidence that is most helpful in determining excess capacity and service levels. The data fell into three specific categories when measuring excess capacity and one category when comparing service levels: (1) Excess Capacity (vehicles off shift), (2) Excess Capacity (productivity of vehicles on shift), (3) Excess Capacity (applicants with YVR authority), (4) Service Levels (dispatch call wait times). (1) Excess Capacity (vehicles off shift) The Board considered “Vehicles Off Shift” an indicator of excess capacity. The Board looked at the average number of “Vehicles Off Shift” for the time period measured. The “Vehicles off Shift” data depicts the percentage of an applicant’s fleet that can be put in service to address the taxi demand at peak periods in the Downtown Vancouver Entertainment District. (2) Excess Capacity (productivity of vehicles on shift) The Board considers productivity of “Vehicles on Shift” an indicator of excess capacity. Trips per taxi per hour data indicate whether vehicles on shift are well used. Although local factors respecting trip length can affect the number of trips per hour for a particular fleet, this is seen as a valid indicator of which companies’ vehicles on shift are busiest, which are moderately busy and which are least busy. The Board finds “Trips per Taxi per Hour” data a useful indicator of applicants’ capacity to serve additional taxi patrons. When analyzing this data, the Board was mindful of its Order with respect to disclosure of data, specifically information relating to the number of trips. As a result, in its overall summary of all the data it received and used, this specific data is not disclosed, but rather is referred to where applicable in qualitative terms such as low, medium and high. Page 44 Taxi Decision Passenger Transportation Board (3) Excess Capacity (applicants with YVR authority) Suburban taxi applicants with vehicles allocated to YVR, which is in Richmond, may have excess capacity to serve taxi patrons in the Downtown Vancouver Entertainment District during peak periods. The data provided by YVR generally shows that daily trip volumes start to increase later in the morning between 10:00 a.m. and noon and drop off between 10:00 p.m. and midnight. Despite fluctuations, airport trip volumes tend to peak midafternoon, roughly 2:00 p.m. to 4:00 p.m. and mid evening roughly 7:00 p.m. to 9:00 p.m. Trips drop close to zero by 2:00 a.m. and 3:00 a.m. YVR taxi patron volumes are light from 1:00 a.m. to 4:00 a.m., a time period when Downtown Vancouver Entertainment District is busiest. YVR and Downtown Vancouver Entertainment District peak periods occur at different times on weekends. The Board further considered the Vancouver taxi applicants’ submission that there are late night taxi shortages at YVR. The Vancouver taxi applicants, in their July 3, 2012 submission, provided some evidence that there were not enough taxis in the queue at YVR during early morning periods. The evidence indicates that there were as few as 32 cars scheduled out of the 525 authorized to serve YVR during early morning hours on some days. The Vancouver taxi applicants submit that the Lower Mainland Taxi Association’s efforts to resolve the issue have not worked and the issue continues. The Board considers this is an indication of scheduling issues and assigns more weight to current data provided by YVR that indicates much lighter YVR taxi patron volumes between 1:00 a.m. and 4:00 a.m. when the Downtown Vancouver Entertainment District is busiest. This is an indication that some of the suburban taxi applicants with YVR authority commonly have excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods. (4) Service Levels (15 Minute Wait Times) “Wait Time” is the average wait time from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The Board finds that “15 Minute Wait Times” is a practical indicator of service levels. The majority of suburban taxi applicants have an average wait time of 15 minutes or less over 92% of the time. The Board concludes that if an applicant is meeting this service level 92% of the time in its current originating area, then it is serving its taxi patrons in a timely manner. Page 45 Taxi Decision Passenger Transportation Board The Chow Report discusses response times of dispatched trips from the three Vancouver companies who participated in the study. Dr. Chow measured the percentage of dispatched trips responded to in less than 10, 15 and 30 minutes. The data showed that in April and November 91% and 92% of dispatched trips respectively were picked up within 15 minutes. Dr. Chow suggests these percentages can be used to measure service performance for dispatched trips and reviewed these percentages against San Francisco criteria. The Chow report noted Vancouver service measured for the peak weekend demand period is superior to that of San Francisco for the 15 minute period. Therefore, the Board finds it is reasonable to assume that suburban taxi companies who are picking up customers on average within 15 minutes of being dispatch over 92% of the time are providing a satisfactory level of service in their home base. The Board assessed data for each of the four categories. Table 8 provides a summary of the data. Blank spaces indicate that data was not provided or that data received was not reliable and, therefore, not used. Other Considerations At the Board’s request, Dr. Chow also provided a more detailed summary of all taxi destinations, based on the Taxi Patron Survey. The Chow Report indicates the destinations of taxi patrons leaving the Granville Street Entertainment District. Over 42% of all taxi users had a destination area that was outside of the City of Vancouver. Of these, about 58% were from Burnaby, North Shore and Richmond. Generally the number of trips diminishes as the destination is further from the City of Vancouver. While the Board acknowledges that there is no guarantee that a suburban taxi will take a passenger back to its home base, the Board feels that those suburban companies with excess capacity that are in close proximity to the City of Vancouver or have taxis licensed by the YVR Authority would be best positioned to serve both their home markets and the Downtown Vancouver Entertainment District. The Board also considered carefully the information it requested and received from the base municipalities, particularly concerns about the impact on local taxi service levels during day and night times. The Board believes that if an applicant demonstrates excess Page 46 Taxi Decision Passenger Transportation Board capacity then approval of the application should not impact its ability to provide service to patrons in its home jurisdiction. Primary Originating Area Peak Period Taxis Requested Sunshine Cabs North Vancouver & YVR 65 10 21.6 33% - 28 43% 93% North Shore Taxi West Vancouver & YVR 125 19 16.0 13% - 31 25% 97% Burnaby Select Burnaby 4 1 0 1% high 0 0% 95% Bonny's Taxi Burnaby & YVR 115 17 3.6 3% high 81 70% 95% Kimber Cabs Richmond Including YVR 18 3 2.0 11% low 18 100% 96% Royal City Taxi New Westminster & YVR 52 8 1.2 2% med 9 17% 93% Queen City Taxi New Westminster 11 2 1.0 9% med 0 0% 87% Port Coquitlam Taxi Port Coquitlam 14 2 0.5 1% - 0 0% 98% Coquitlam Taxi Coquitlam & YVR 31 5 0.5 1% - 30 97% 98% Bel Air Taxi Coquitlam 46 7 0.5 1% - 0 0% 98% Delta Sunshine Taxi Surrey / Delta & YVR 40 6 5.4 14% low 32 80% 94% Newton Whally Surrey & YVR 70 11 4.8 7% med 16 23% 93% Tsawwassen Taxi Tsawwassen & YVR 28 4 2.0 7% low 22 79% 95% Guildford Cab South Surrey / North Delta & YVR 50 8 4.1 8% med 17 34% 94% White Rock South Surrey White Rock / South Surrey & YVR 63 9 2.7 4% high 28 44% 84% Surdell Kennedy Taxi Surrey / Delta & YVR 69 10 - - - 40 58% 97% Aldergrove Langley Langley 16 2 0 1% - 0 0% 97% [4] Trips within 15 Minutes [1] Off-Shift Vehicles [2] On-Shift Productivity [3] YVR vehicles Applicant Current Fleet Table 8: Data for Suburban Taxi Operations during Peak Periods Friday and Saturday Night (Selected Dates 2011) The Board also considered the submission from the Vancouver taxi applicants that approval of the suburban taxi applications is a step towards regional taxi licensing. From the Board’s perspective the 2010 Winter Olympics was a positive experience of boundary relaxation, albeit for a limited period of time. The Board notes that certain changes were Page 47 Taxi Decision Passenger Transportation Board also put in place for Expo ‘86. Moreover, many suburban taxi applicants and all the Vancouver taxi applicants currently have authority to pick up passengers at YVR. Only one applicant has Richmond as a base jurisdiction. Restricting the approved suburban taxi applicants to weekend evenings, will allow for a more managed and predictable approach to taxi supply. Conclusion The Board finds that sound economic condition in the passenger transportation business in British Columbia would be best served by approving a combination of suburban taxi applications and the Vancouver taxi applications. The Board further finds that added competition from suburban taxi companies together with Vancouver City based taxi companies will contribute to better serve taxi patrons at peak periods on weekends in Vancouver, including those with destinations beyond the City of Vancouver. The suburban taxi applicants applied to provide service in the City of Vancouver on high activity cruise ship days and other special days as identified by the Board. Spreadsheet data received from suburban taxi applicants pertains to weekend evenings. YVR data indicates that airport volumes increase in the late morning and tend to peak midafternoon. Demonstration of excess capacity and service levels is critical to the Board’s approval of some suburban applications. In the absence of concrete data with respect to the capacity and service levels of suburban taxi applicants at any time other than weekend evenings, the Board is unable to approve any suburban taxi applicant’s request to provide service in City of Vancouver on special days or for special events. The Board recognizes that its approval of suburban taxis to operate in the Downtown Vancouver Entertainment District is innovative and may, initially, result in some adjustments in the provision of service as well as enforcement and compliance activities. For this reason, the Board is restricting operation of suburban taxi vehicles to a specific area (Downtown Vancouver Entertainment District) and specific times (weekend evenings). Page 48 Taxi Decision Passenger Transportation Board Based on evidence of excess capacity and service levels, the Board finds that 7 suburban taxi applicants have demonstrated excess capacity for collectively 38 vehicles to operate in the Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturday/Sunday. Vehicles will be identified with a yellow “weekend” plate securely fastened in a conspicuous place on the front of the vehicles. These plates do not replace current plates and identifiers. The yellow weekend plates are not vehicle specific. Licensees may use their allotted plates in a manner that works best for their operations. D. Vancouver Taxi Applicants Evidence gathered during the pilot project confirms the full operation and market absorption of the 65 TOP vehicles operated by the Vancouver taxi applicants since April 29, 2011. The Board; however, finds that the 99 requested vehicles can be absorbed by the peak period market. Of the data received from the Vancouver taxi companies, the Board found that Yellow Cab Company provided the most complete set. The Chow Report used its data to note both dispatch and flag data. Dispatch data only was supplied by Black Top Cabs and MacLure’s Cabs. As noted previously, dispatch system data for Vancouver Taxi was not available for incorporation into the Chow Report. However, on June 7, 2012, Vancouver Taxi provided the Board with a report on the number of its vehicles in service and out of service for weekend peak period shifts from May to November 2011. The Vancouver Taxi report indicated that an average of 87 of 88 taxis (99%) were in service during weekend peak periods throughout the pilot project. It associated out-of-service vehicles with a mechanical issue or motor vehicle accident. The Vancouver companies have applied to operate from 3:00 p.m. to 6:00 a.m. on Friday and Saturday evenings. The Board accepts the submission of the Vancouver taxi applicants that Friday afternoon is a busy time for taxis. During the operation of the TOPs, the start time of 3:00 p.m. enabled the Vancouver companies the flexibility to address service issues. Generally, taxis started their shifts at 5:00 p.m. on Saturday nights. The Board finds it is reasonable to retain this flexibility for the Vancouver companies. Page 49 Taxi Decision Passenger Transportation Board The Board previously found that evidence of need exists (notably in the City of Vancouver’s Administrative Report) during special days and events, and that this need was met with TOPs operated during the pilot project. The Board’s approval of the applications from the Vancouver taxi applicants means that these licensees will have additional taxis available to provide service on special days or events. Moreover, these companies are licensed to operate anywhere in the City of Vancouver. They are best positioned to continue to meet this need. Therefore, the Board is approving the requests from the City of Vancouver companies to operate on special days or events. Conclusion The Board is approving an additional 99 vehicles for the time period requested, i.e. from 3:00 p.m. to 6:00 a.m. on Friday/Saturday and Saturday/Sunday. The Board is also approving the operation of these vehicles on the peak period days at the cruise ships, celebration of firework evenings that are not on weekends and other special events as they may increase the need for additional vehicles. These days will be noted on a schedule appended to this decision. The Board may amend this schedule from time to time. Vehicles will be identified by the letter “W” placed immediately before all the vehicle numbers that are required by the City of Vancouver’s “Vehicle for Hire” by-law and may only operate on weekends and special days/events. E. Applicant Fitness Each set of applicants submitted a common business plan for their group. All applicants provided their financial information and disclosure forms. Passenger transportation enforcement, compliance investigations and audits are duties performed by staff of the Commercial Vehicle Safety and Enforcement (CVSE) Branch of the Ministry of Transportation and Infrastructure. Under the Passenger Transportation Act, the Registrar of Passenger Transportation has the authority to impose administrative penalties solely against the holder of a passenger transportation licence. According to the Registrar’s “Administrative Penalty Framework”, the administrative fine for “operating outside an area of service” is $500. The Board requested that the Registrar detail any administrative penalties incurred by all applicants between April 2010 and April 2012. Page 50 Taxi Decision Passenger Transportation Board The Board carefully considered the issue of applicant fitness. The Board expects licensees to comply with their obligations as set out in the Passenger Transportation Act, regulations and their terms and conditions of licence. Counsel for each set of applicants made submissions on how engaging in illegal or prohibited activities by the other parties affected application fitness. The prohibited activities in question are operating outside of a licensed area for the suburban taxi applicants and trip refusals by the Vancouver taxi applicants. There is measurable evidence as to the extent of the prohibited activity. Between April 2010 and April 2012, the suburban taxi applicants collectively received 111 administrative penalties for illegal pick up of passengers or operating outside their originating area. The Vancouver taxi applicants collectively received 13 administrative penalties, 3 of which were for operating outside their originating area and 3 were for trip refusals. The Registrar of Passenger Transportation advises that during this time period there were 25 targeted enforcement initiatives on weekend evenings in Vancouver. There were no other targeted enforcement initiatives in any other areas in the GVRD. From this, the panel finds that comparing administrative penalties between the two sets of applicants is not equitable. The Chow Report identified the problem of frequently cited instances of trip refusals. In the April 2011 taxi patron service survey, 21% of the patrons were refused boarding. In October 2011, 17% of all flagged trips in the entertainment district involved a refusal of a taxi to take or board a passenger. The report also states that the reduction in the refusals may be attributed to increased taxi competition, emphasizing company policy and enforcement. The Chow Report does not specify which companies were refusing trips. However, as the majority of taxis operating in the City are Vancouver-based taxi companies, it can be surmised that many of the trip refusals were from Vancouver companies. This supposition is supported by comments in the Chow Report as well as comments attributed to the police in the Administrative Report from the City of Vancouver. Each suburban taxi applicant had paid its administrative penalty fines. Each company reports that it has a process in place for progressive discipline, enforcement activity and consequences for the drivers who do not comply. Similarly, the Vancouver taxi companies report that they have implemented policies and procedures to address trip refusals. Page 51 Taxi Decision Passenger Transportation Board The Chow Report uses evidence from screen line counts and the taxi patron survey to conclude that “at the very least, taxis not licensed to make pickups in Vancouver have about a 9% share of the weekend night market and likely higher.” While the report suggest that the share may be as high as about 16%, Dr. Chow used 12% in his recommendations of January 10, 2012, to estimate the number of weekend evening licences that could be added in Vancouver. As the 65 TOPs were absorbed during the peak periods, the Board has determined that demand still exceeds supply. The reality is that even with the TOPs, the public need was not met. The City of Vancouver Administrative Report noted that the Vancouver Police Department relies on taxis as a key part of its strategy to deal with crowd control in the Granville entertainment district. From a public safety perspective, it is essential that crowds are dispersed quickly and safely. Given the unique circumstances of these applications and in the public interest of satisfying the demand for peak period taxi service, the Board finds that an applicant’s administrative penalty record would not, in and of itself, be a barrier to the Board approving an application. The Board supports continued enforcement. The Board notes the suburban taxi applicants stated a commitment to provide a peak period taxi supervisor. This should promote voluntary compliance and assist each company in maintaining care and control over its operations. As well, the Board has the power to review a licensee’s fitness at any time. Page 52 Taxi Decision Passenger Transportation Board Part Four: Decisions on Individual Applications Page 53 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 44-11 Applicantfd Aldergrove-Langley Taxi Ltd. Address 110 – 17767 64th Avenue, Surrey BC V3S 1Z2 Principals JOHAL, Hardip Decision Refused PT Licence # 70614 SINGH, Arvinder I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 54 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Aldergrove Langley Taxi Ltd. was incorporated on August 1, 1991 and is currently authorized under Passenger Transportation (PT) licence 70614 to operate 16 vehicles of which 12 may be conventional taxis. Service is currently provided in the City of Langley, the Township of Langley and the City of Abbotsford. The company directors completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The applicant received no administrative penalties for “illegal pickups” between April 2010 and April 2012. Referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Aldergrove Langley Taxi Ltd. states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 55 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Aldergrove Langley Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Aldergrove Langley Taxi has applied to expand its originating area for up to 15% of its fleet (2 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that none of its taxis are off shift in the time period measured. (2) The applicant did not respond to the Board’s March 12, 2012 request for data that indicates its taxis on shift average trips per taxi per hour. (3) The applicant does not have YVR authority. YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. The applicant did not provide spreadsheets in response to the Board’s March 12, 2012 request. Data received February 13, 2012, included (a) monthly total for “fleet on shift” (b) Page 56 Taxi Decision Passenger Transportation Board a monthly averages for trips within 5, 10, 15 and 30 minutes and (c) trip totals per shift for each vehicle and the fleet as a whole. The applicant is applying for authority to operate 2 taxis in the Downtown Vancouver Entertainment District during peak periods when none of its vehicles are off shift and trip volumes per taxi per hour are unknown. The Board finds there is insufficient evidence of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 97% of the time and is providing a timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 0 Category 2: On-Shift Productivity 1% Insufficient data Category 3: YVR licences 0 Category 4: Trips within 15 Minutes 0% 97% After considering the applicant’s evidence in its entirety, the Board is not convinced that Aldergrove Langley Taxi has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that based on the lack of sufficient evidence of excess capacity, its distance from Vancouver and lack of YVR authority; there is a reasonable probability that Aldergrove Langley would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels in their home markets. Page 57 Taxi Decision Passenger Transportation Board The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is refused. Page 58 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 48-11 Applicant Queen City Taxi Ltd. Address 5525 Imperial Street, Burnaby BC V5J 1E8 Principals BAINS, Harjit DULAY, Surjit GILL, Harinder MAND, Kirpal PARMAR, Bhuminder SAHOTA, Balwinder PT Licence # 70271 SANGHA, Paramjit Decision Refused I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Page 59 Taxi Decision Passenger Transportation Board Queen City Taxi was incorporated on February 20, 1973 and is currently authorized under PT licence 70271 to operate 11 vehicles of which 9 may be conventional taxis. It is corporately related to Bonny’s Taxi Ltd. and Burnaby Select Metrotown Taxi Ltd. Service is currently provided in the City of New Westminster, portions of Burnaby, Richmond, Surrey and Coquitlam. Queen City Taxi has authority from the Board to originate passengers at YVR. Bonny’s Taxi has 81 licences from YVR. It appears from the data discussed below that some Queen City taxis may be airport vehicles. Each company director completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The Board took into consideration that the applicant had incurred 4 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Queen City Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Queen City Taxi has its infrastructure in place and is an established taxi operator with a history of running a viable taxi service. Page 60 Taxi Decision Passenger Transportation Board 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Queen City Taxi has applied to expand its originating area for up to 15% of its fleet (2 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that a low percentage of its fleet and number of its taxis are off shift (average 9% of its fleet, 1 taxi) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average medium productivity (trips per taxi per hour) when compared against other applicants. (3) By virtue of its corporate relationship to Bonny’s Taxi Ltd, the applicant may have some YVR licences although the specific number is unclear. For the purpose of these decisions, the Board has attributed all the YVR licences to Bonny’s Taxi Ltd. YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Page 61 Taxi Decision Passenger Transportation Board Spreadsheet data was provided for the months of May 2011 to November 2011. The data provided by the applicant included dispatched and flag trips (and YVR trips) and the data is considered reliable. The applicant is applying for authority to operate 2 taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 1 taxi, 9 % of its vehicles off shift and medium trip volumes per taxi per hour. The Board finds this an indicator of a low level of excess capacity as all but one taxi is operating. (This finding is irrespective of whether or not Queen City has YVR licences.) Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 87% of the time and is providing a less timely service to its taxi patrons than the majority of suburban taxi applicants. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 1 9% Category 2: On-Shift Productivity medium Category 3: YVR licences # % of fleet n/a n/a Category 4: Trips within 15 Minutes 87% After considering the applicant’s evidence in its entirety the Board is not convinced that Queen City Taxi has the excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that, based on the data provided by Queen City Taxi, there is a reasonable probability it would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. Page 62 Taxi Decision Passenger Transportation Board The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is refused. Page 63 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 49-11 Applicant Burnaby Select Metrotown Taxi Ltd. Address 5525 Imperial Street, Burnaby BC V5J 1E8 Principals BAINS, Harjit DULAY, Surjit GILL, Harinder MAND, Kirpal PARMAR, Bhuminder SAHOTA, Balwinder PT Licence # 70358 SANGHA, Paramjit Decision Refused I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 64 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Burnaby Select Metrotown Taxi Ltd. was incorporated on May 21, 1985 and is currently authorized under Passenger Transportation (PT) licence 70358 to operate 4 vehicles, all of which may be conventional taxis. It is corporately related to Bonny’s Taxi Ltd. and Queen City Taxi Ltd. Service is currently provided in the City of Burnaby. Each company director completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The Board took into consideration that the applicant had incurred 3 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Burnaby Select Metrotown Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Vancouver Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Burnaby Select Metrotown Taxi has its infrastructure in place and is an established taxi operator with a history of running a viable taxi service. Page 65 Taxi Decision Passenger Transportation Board 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Burnaby Select Metrotown Taxi has applied to expand its originating area for up to 15% of its fleet (1 taxi) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that the Board put into three specific categories to assess excess capacity and one category to compare service levels among suburban taxi applicants: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority) (4) Service Levels (wait times from dispatch to passenger pickup). Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates the percentage of its fleet and number of its taxis are off shift (average 1% of its fleet, 0 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average high productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant does not have YVR authority. YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for the months of May 2011 to November 2011. The data provided by the applicant included dispatched and flag trips and the data is considered reliable. The applicant is applying for authority to operate 1 taxi in the Downtown Vancouver Entertainment District during peak periods when it averages 0 vehicles off shift and high Page 66 Taxi Decision Passenger Transportation Board trip volumes per taxi per hour. The Board finds this an indicator of a low level of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 95% of the time and is providing timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 0 1% Category 2: On-Shift Productivity high Category 3: YVR licences 0 0% Category 4: Trips within 15 Minutes 95% After considering the applicant’s evidence in its entirety the Board is not convinced that Burnaby Select has the excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that based on the data provided by Burnaby Select Metrotown Taxi, there is a high probability it would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is refused. Page 67 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 51-11 Applicant Delta Sunshine Taxi (1972) Ltd. Address 203 – 12837 76th Avenue Surrey BC V3W 2V3 Principals GILL, Sukhwinder HAYER, Jasvinder PUAAR, Parmajit SIDHU, Maheshinder PT Licence # 70285 WALLA, Joginder Decision Approved in part – 5 weekend taxis to operate in the Downtown Vancouver Entertainment District I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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: (iii) is the applicant a “fit and proper person” to provide the proposed service; and (iv) is the applicant capable of providing that service? The Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 68 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Delta Sunshine Taxi (1972) Ltd. was incorporated on May 29, 1972 and is currently authorized under Passenger Transportation (PT) licence 70285 to operate 40 vehicles of which a maximum of 35 may be conventional taxis. The applicant and its corporately related company, Tsawwassen Taxi Ltd., are licensed by the YVR Authority to operate 54 airport taxis. The PT licence stipulates that 9 vehicles in the Delta Sunshine Taxi fleet are dependent on the airport contract and will decrease according to a sliding scale if the number of airport licences is reduced. 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. Delta Sunshine Taxi (1972) Ltd. and Tsawwassen Taxi Ltd. have been operating as one entity since 1980. Tsawwassen Taxi Ltd. is a wholly owned subsidiary of Delta Sunshine Taxi (1972) Ltd. Both companies share the board of directors, management and staff, office space, dispatch system, revenues and expenses. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Each company director completed the required disclosure forms. The Board took into consideration that the applicant had incurred 2 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Delta Sunshine states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included Page 69 Taxi Decision Passenger Transportation Board suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that only the number of approved vehicles operates in the Downtown Vancouver Entertainment District at the appropriate times. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Delta Sunshine 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Delta Sunshine Taxi has applied to expand its originating area for up to 15% of its fleet (6 taxis) during peak periods and special days as approved by the PTB. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates a significant percentage of its fleet and number of its taxis are off shift (average 14% of its fleet, 5.4 taxis) in the time period measured. Page 70 Taxi Decision Passenger Transportation Board (2) The data provided by the applicant indicates taxis on shift, average low productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant has YVR taxi licences (80% of its fleet, equaling 32 of its 40 taxis). NOTE: Delta Sunshine has engaged carrier authority along with its wholly subsidiary PT licence holder Tsawwassen Taxi Ltd. Collectively they have authority to operate 54 YVR taxis. When determining their excess capacity the Board apportioned the 54 YVR taxis at a common percentage (79%) of their total fleet. This apportionment resulted in Delta Sunshine being considered at 32 taxis with YVR licences and Tsawwassen Taxi at 22. Delta Sunshine Taxi has YVR authority to operate a significant percentage of its fleet at the airport.YVR licences are a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for June 2011 to November 2011. The data provided by the applicant included dispatched, flag and YVR trips. The data is considered reliable. The applicant is applying for authority to operate 6 taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 5.4 taxis (14% if its fleet) vehicles off shift and low trip volumes per taxi per hour. The Board finds this a clear indicator of excess capacity. Additionally, the Board feels that due to the applicant’s excess capacity and its high number of YVR licenses (when combined with Tsawwassen Taxi), which would place taxis in close proximity to the City of Vancouver, the applicant would have some capacity to serve its home market as well as the Downtown Vancouver Entertainment District. However, if the Board were to approve the total number of vehicles requested, this may affect service in its home jurisdiction. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. Page 71 Taxi Decision Passenger Transportation Board The data provided by the applicant indicates it meets this service level 94% of the time and is providing timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 5.4 14% Category 2: On-Shift Productivity low Category 3: YVR licences 32 80% Category 4: Trips within 15 Minutes 94% After considering the applicant’s evidence in its entirety the Board is convinced that Delta Sunshine Taxi has some excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that due to its number of vehicles off shift, the significant percentage of its fleet with YVR licences, and therefore in close proximity to the City of Vancouver, and current service levels, Delta Sunshine Taxi would be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets if a limited number of vehicles are approved for weekend taxi service. The Board approves Delta Sunshine Taxi to operate 5 taxis in the Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturday/Sunday. The Board finds that approving this application in part promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved as set out in this decision. Terms and conditions of licence are set out in Appendix 1 below. Page 72 Taxi Decision Passenger Transportation Board Delta Sunshine Taxi Ltd. Appendix Special Authorization: Passenger Directed Vehicle (PDV) Terms and Conditions Fleet Size: 1. At any time – 31 vehicles of which a maximum of 26 may be conventional taxis. All other vehicles are accessible taxis. 2. YVR Contract - The licensee may operate up to an additional 9 vehicles, if the Vancouver International Airport Authority (VIAA) has approved airport licenses for 53 or more vehicles in fleet of the licensee and its corporately related company, Tsawwassen Taxi Ltd. The maximum number of additional vehicles decreases on a sliding scale as follows: Total Additional Maximum Fleet Size “airport Vehicles licenses” approved by the VIAA (or its agent) 53-54 9 40 vehicles of which a maximum of 35 may be conventional taxis. All other vehicles are accessible taxis. Page 73 51-52 8 39 vehicles of which a maximum of 34 may be conventional taxis. All other vehicles are accessible taxis. 49-50 7 38 vehicles of which a maximum of 33 may be conventional taxis. All other vehicles are accessible taxis. 47-48 6 37 vehicles of which a maximum of 32 may be conventional taxis. All other vehicles are accessible taxis. 45-46 5 36 vehicles of which a maximum of 31 may be conventional taxis. All other vehicles are accessible taxis. 43-44 4 35 vehicles of which a maximum of 30 may be conventional taxis. All other vehicles are accessible taxis. 41-42 3 34 vehicles of which a maximum of 29 may be conventional taxis. All other vehicles are accessible taxis. 39-40 2 33 vehicles of which a maximum of 28 may be conventional taxis. All other vehicles are accessible taxis. 37-38 1 32 vehicles of which a maximum of 27 may be conventional taxis. All other vehicles are accessible Taxi Decision Passenger Transportation Board taxis. a. When making application for renewal of its licence, Delta Sunshine Taxi Ltd. must submit a letter to the Registrar of Passenger Transportation from Ground Transportation, Vancouver International Airport Authority, stating that its contract with Delta Sunshine Taxi Ltd. remains in good standing. b. The letter referred to in (a) must confirm the number of airport licenses approved for Delta Sunshine Taxi Ltd. c. The Registrar may issue appropriate number of identifiers based on the sliding scale above. Specialty The accessible taxis must be operated in accordance with the Motor Vehicle Vehicles: 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. Minimum At least two wheel chair accessible vehicles in the fleet must be available to Operating serve passengers originating in the City of Surrey and the District of Delta on Requirement: a 24/7 basis. Vehicle Capacity: A driver and less than 2 and not more than 7 passengers. Flip Seat Authorization: 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. Service Priority Persons with mobility aids who require the accessible taxi for transportation Limitation: 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. Service 1: The following terms and conditions apply to Service 1: 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. 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 Page 74 Taxi Decision Passenger Transportation Board 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 only originate from 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 Taxis Originating Area: Transportation of passengers may originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Vehicle Any vehicle operating under this Service must have a “yellow weekend” plate Identification securely fastened in a conspicuous place at the front of the commercial vehicle and in a horizontal position. Maximum A maximum of 5 vehicles may operate under this Service number Vehicles Maximum Vehicles may only operate in the Downtown Vancouver Entertainment Operating District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 Requirement: a.m. The following apply to all vehicles in the fleet. Express (i) Vehicles must be equipped with a meter that calculates fares on a time authorizations: 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. Taxi Camera Equipment: Taxi Bill of Rights: A digital taxi camera must be installed and operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi Bill of Rights must at all times be displayed in an upright position Page 75 Taxi Decision Passenger Transportation Board with the complete text intact and visible to passengers. c) Licensees may only display a current Taxi Bill of Rights. Eco-friendly taxis: Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as ‘eco-friendly taxis’ as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. 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 76 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 52-11 Applicant Kimber Cabs Ltd. Address 160 – 5671 Minoru Blvd., Richmond BC V6X 2B1 Principals BHANGU, Sarbit DHALIWAL, Sukhwinder HANS, Surjit STAMM, Peter Decision PT Licence # 70458 Approved in part – 3 weekend taxis to operate in the Downtown Vancouver Entertainment District I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Page 77 Taxi Decision Passenger Transportation Board Kimber Cabs Ltd. was incorporated on August 24, 1989 and is currently authorized under Passenger Transportation (PT) licence 70458 to operate 18 vehicles. The company was established out of a need for service to passengers with mobility devices and all taxis must be accessible. All vehicles must originate from within the City of Richmond, which includes YVR. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Each company director completed the required disclosure forms. Kimber Cabs states that the authorized vehicles will be clearly identified. Kimber Cabs Ltd. had no administrative penalties between April 2010 and April 2012. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that only the number of approved vehicles operates in the Downtown Vancouver Entertainment District at the appropriate times. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Kimber Cabs 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. Page 78 Taxi Decision Passenger Transportation Board (c) Would the application, if granted, promote sound economic conditions in the passenger transportation business in British Columbia? The Board looks at how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Kimber Cabs has applied to expand its originating area for up to 15% of its fleet (3 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates a significant percentage of its fleet and number of its taxis are off shift (average 11% of its fleet, 2 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average low productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant has YVR licenses (100% of its fleet, equaling 18 of its 18 taxis). Kimber Cabs has YVR authority to operate a significant percentage of its fleet at the airport.YVR licences are a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for May 2011 to November 2011. The data provided by the applicant included dispatched, flag and YVR trips. The data provided is considered reliable. Page 79 Taxi Decision Passenger Transportation Board The applicant is applying for authority to operate 3 of its taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 2 vehicles off shift and low trips volumes per taxi per hour. The Board finds this a clear indicator of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 96% of the time and is providing timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 3: Category 1: Category 2: Off-Shift Vehicles On-Shift Productivity YVR licences 2.0 11% low 18 100% Category 4: Trips within 15 Minutes 96% The Board feels that due to the applicant’s excess and its close proximity to the City of Vancouver (Richmond), it would be able to serve its home market as well as the Downtown Vancouver Entertainment District. After considering the applicant’s evidence in its entirety the Board is convinced that Kimber Cabs has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that due to its number of vehicles off shift, low trip volumes per taxi per hour, all of its fleet with YVR licences, current service levels and its proximity to the City of Vancouver, Kimber Cabs would be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to its home markets. Page 80 Taxi Decision Passenger Transportation Board The Board approves Kimber Cabs Ltd. to operate 3 taxis in the Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturday/Sunday. The Board finds that approving this application promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved as set out in this decision. Terms and conditions of licence are set out in Appendix below. Page 81 Taxi Decision Passenger Transportation Board Kimber Cabs Ltd. Appendix Special Authorization Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Maximum Fleet Size: 18 vehicles Specialty Vehicles: 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. Vehicle Capacity: Vehicles can accommodate a driver and not more than 5 passengers. Service 1: The following terms and conditions apply to Service 1 Originating Area: Transportation of passengers may only originate from any point in the City of Richmond. 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 2: The following terms and conditions apply to Service 2: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. 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 A maximum of 3 vehicles may operate under this Service Vehicles Maximum Operating Vehicles may only operate in the Downtown Vancouver Requirement: Entertainment District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 a.m. Page 82 Taxi Decision Passenger Transportation Board The following apply to all vehicles in the fleet. Express Authorizations: (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. Taxi Cameras: Taxi 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 Passenger Transportation Board. Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. 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 83 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 54-11 Applicant Guildford Cab (1993) Ltd. Address 101 – 8299 129 St., Surrey BC V3W 0A6 Principals ALI, Rafaqat ATWAL, Devinder Singh BASSI, Amrik Singh CHAHAL, Baljit Singh GILL, Jaswant JOHAL, Avtar PT Licence # 70431 SUNNER, Harmel Singh Decision Approved in part – 2 weekend taxis to operate in the Downtown Vancouver Entertainment District I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 84 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Guildford Cab (1993) Ltd. dba Surrey Metro Taxi was incorporated on January 5, 1993 and is currently authorized under Passenger Transportation (PT) licence 70431 to operate 50 vehicles, of which a maximum of 41 may be conventional taxis. In this fleet, 17 taxis have airport license authority to originate from YVR. Service currently originates from any point in the City of Surrey and a portion of the District of Delta bounded by Highway 99, as well as YVR. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Each company director completed the required disclosure forms. The Board took into consideration that the applicant had incurred 4 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Guildford Cab states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that only the number of approved vehicles operates in the Downtown Vancouver Entertainment District at the appropriate times. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 85 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Guildford Cab 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Guildford has applied to expand its originating area for up to 15% of its fleet (8 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that a low percentage of its fleet and number of its taxis are off shift (average 8% of its fleet, 4.1 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift medium productivity (trips per taxi per hour) when compared against other applicants (3) The applicant has YVR licences (34% of its fleet, equaling 17 of its 50 taxis). Guildford Cab has YVR Authority to operate a significant percentage of its fleet at the airport. YVR licences are a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Page 86 Taxi Decision Passenger Transportation Board Spreadsheet data was provided for June 2011 to November 2011. The data provided by the applicant included dispatched, flag and YVR trips. The data is considered reliable. The applicant is applying for authority to operate 8 taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 4.1 taxis, 8% of its vehicles off shift and medium trip volumes per taxi per hour. The Board finds this an indicator of some excess capacity. Additionally, the Board feels that due to the applicant’s excess capacity and its moderate number of YVR licenses, which would place taxis in close proximity to the City of Vancouver, the applicant would have some capacity to serve its home market as well as the Downtown Vancouver Entertainment District. However, if the Board were to approve the total number of vehicles requested, this may affect service in its home jurisdiction Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 94% of the time and is providing a timely service to its taxi patrons than the majority of suburban taxi applicants. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Category 2: Category 3: Off-Shift Vehicles On-Shift Productivity YVR licences 4.1 8% medium 17 34% Category 4: Trips within 15 Minutes 94% After considering the applicant’s evidence in its entirety the Board is convinced that Guildford Cab has some excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that due to its percentage of vehicles off shift, the number of its fleet with YVR Page 87 Taxi Decision Passenger Transportation Board licences , and therefore in close proximity to the City of Vancouver, and current service levels, Guildford Cab would be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets if a limited number of vehicles are approved for weekend taxi service. The Board approves Guildford Cab (1993) Ltd. to operate 2 taxis in the Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturday/Sunday. The Board finds that approving this application in part promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved as set out in this decision. Terms and conditions of licence are set out in Appendix below. Page 88 Taxi Decision Passenger Transportation Board Guildford Cab (1993) Ltd. Appendix Special Authorization Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Maximum Fleet Size: 50 motor vehicles of which a maximum of 41 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: Vehicles can accommodate a driver and not less than 2 and not more than 7 passengers. Minimum Operating At least 1 accessible taxi must be operated and available for hire 24 hours Requirement: each day, every day of the week. Service 1: The following terms and conditions apply to Service 1: Originating Area: Transportation of passengers may only originate from any point in the City of Surrey and that portion of the District of Delta bounded on the south, east and west by Highway 99 (Deas Island Throughway). 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 2: The following terms and conditions apply to Service 2: Originating Area: Transportation of passengers may only 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. 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. Page 89 Taxi Decision Passenger Transportation Board 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: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. 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 A maximum of 2 vehicles may operate under this Service Vehicles Maximum Vehicles may only operate in the Downtown Vancouver Entertainment Operating District on Friday/Saturday and Saturday/Sunday from 10 p.m. to 5:00 Requirement: a.m. The following apply to all vehicles in the fleet. Express (i) Vehicles must be equipped with a meter that calculates fares on a time authorizations: 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. Taxi Camera Equipment: Taxi Bill of Rights: A digital taxi camera must be installed and operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. Eco-friendly taxis: Transfer of a licence: Page 90 Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as ‘eco-friendly taxis’ as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. 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. Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 56-11 Applicant Bonny’s Taxi Ltd. Address 5525 Imperial Street, Burnaby BC V5J 1E8 Principals BAINS, Harjit DULAY, Surjit GILL, Harinder MAND, Kirpal PARMAR, Bhuminder SAHOTA, Balwinder PT Licence # 70242 SANGHA, Paramjit Decision Refused I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 91 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Bonny’s Taxi was incorporated on November 7, 1977 and is currently authorized under Passenger Transportation (PT) licence 70242 to operate 115 vehicles of which 104 may be conventional. It is corporately related to Queen City Taxi Ltd. and Burnaby Select Metrotown Taxi Ltd. Service is currently provided in the City of Burnaby as well as the Vancouver International Airport (YVR). The company has 81 airport licences authorized by the YVR Authority. Each company director completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The Board took into consideration that the applicant had incurred 34 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Bonny’s Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Vancouver Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 92 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Bonny’s Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Bonny’s Taxi has applied to expand its originating area for up to 15% of its fleet (17 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that the Board put into three specific categories to assess excess capacity and one category to compare service levels among suburban taxi applicants: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority) (4) Service Levels (wait times from dispatch to passenger pickup). Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that a low percentage of its fleet and number of its taxis are off shift (average 3% of its fleet, 3.6 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average high productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant does have YVR authority (70% of its fleet, equaling 81 of its 115 taxis). YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Page 93 Taxi Decision Passenger Transportation Board Spreadsheet data was provided for the months of May 2011 to November 2011. The data provided by the applicant included dispatched, flag and YVR trips and the data is considered reliable. The applicant is applying for authority to operate 17 taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 3.6 taxis (3% of its fleet) vehicles off shift (97% on shift) and high trip volumes per taxi per hour. The Board finds this an indicator of a low level of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 95% of the time and is providing timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 3.6 Category 2: On-Shift Productivity 3% high Category 3: YVR licences 81 Category 4: Trips within 15 Minutes 70% 95% After considering the applicant’s evidence in its entirety the Board is not convinced that Bonny’s Taxi has the excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that, based on the data provided by Bonny’s Taxi, there is a reasonable probability it would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in British Columbia. Page 94 Taxi Decision Passenger Transportation Board Conclusion This application is refused. Page 95 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 57-11 Applicant Surdell Kennedy Taxi Ltd. Address 103 – 12975 84th Street, Surrey BC V3W 1B3 Principals BAJWA, Jaswant Singh BRAR, Tejinder Paul Singh DHALIWAL, Jugrah Singh DHALIWAL, Nirmal Singh GILL, Sarabjit Singh GREWAL, Sajjan Singh PT Licence # 70526 TOOR, Jaskawal Singh Decision Refused I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 96 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Surdell Kennedy Taxi Ltd. was incorporated on January 24, 1991 and is currently authorized under Passenger Transportation (PT) licence 70526 to operate 69 vehicles of which 56 may be conventional taxis. The applicant is licensed by the YVR Authority to operate 40 airport taxis. Service is currently provided in and from the cities of Surrey and Delta as well as the Vancouver International Airport (YVR). Each director has completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The Board took into consideration that the applicant had incurred 6 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Surdell Kennedy Taxi Ltd. states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 97 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Surdell Kennedy Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Surdell Kennedy Taxi has applied to expand its originating area for up to 15% of its fleet (10 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant is insufficient respecting the percentage of taxis that are off shift. (2) The data provided by the applicant is insufficient respecting the productivity of taxis on shift (trips per taxi per hour). (3) The applicant has YVR licences (58% of its fleet, equaling 40 of 69 taxis). YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for three months: September 2011 to November 2011. The vehicles on shift data and trips per taxi per hour data includes dispatched taxis only and Page 98 Taxi Decision Passenger Transportation Board does not include taxis or trips by taxis that only served flag and YVR patrons during its shift. The applicant states its assumption “that cars that take a flag will also take a dispatched trip in the respected originating area during the timeline and thus will be counted as “On Shift” in the report.” While the assumption may be accepted to a point, it does not account for the omission of data for YVR trips. More generally, the Board finds the data does not accurately represent the number of taxis on shift, the trips per taxi per hour; and does not consider the data reliable. The applicant is applying for authority to operate 10 taxis in the Downtown Vancouver Entertainment District during peak periods when the number of its vehicles off shift and trip volumes per taxi per hour is unknown. The Board finds there is insufficient evidence of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 97% of the time and is providing a timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Category 2: Category 3: Category 4: Off-Shift Vehicles On-Shift Productivity YVR licences Trips within 15 Minutes insufficient data insufficient data 40 58% 97% After considering the applicant’s evidence in its entirety, the Board is not convinced that Surdell Kennedy Taxi has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that based on the lack of sufficient evidence of excess capacity, there is a reasonable probability it would not be able to serve the Downtown Entertainment District while maintaining current service levels to their home markets. Page 99 Taxi Decision Passenger Transportation Board The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business the Greater Vancouver Regional District. Conclusion This application is refused. Page 100 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 58-11 Applicant Port Coquitlam Taxi Ltd. Address 2121 Hartley Avenue, Coquitlam BC V3K 6Z3 Principals DHALIWAL, Hardeep Decision Refused PT Licence # 70234 GILL, Harjinder I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Page 101 Taxi Decision Passenger Transportation Board Port Coquitlam Taxi was incorporated on May 28, 1975 and is currently authorized under Passenger Transportation (PT) licence 70234 to operate 14 vehicles of which 12 may be conventional. Port Coquitlam Taxi is corporately related to Bel-Air (1982) Ltd. and Coquitlam Taxi (1977) Ltd. Service is currently provided in the Cities of Port Coquitlam, Coquitlam, Port Moody as well as some surrounding areas. The company directors completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Port Coquitlam Taxi had no administrative penalties for “illegal pick-ups” between April 2010 and April 2012. Port Coquitlam Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Vancouver Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Port Coquitlam Taxi 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. Page 102 Taxi Decision Passenger Transportation Board (c) Would the application, if granted, promote sound economic conditions in the passenger transportation business in British Columbia? The Board looks at how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Port Coquitlam Taxi has applied to expand its originating area for up to 15% of its fleet (2 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that 0.5 (1%) of its taxis are off shift in the time period measured. (2) The data provided by the applicant is insufficient respecting the productivity of taxis on shift (trips per taxi per hour). (3) The applicant does not have YVR authority. YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for the months of May 2011 to November 2011. It included collective data for 91 vehicles operated under the licences of Bel-Air Taxi (1982) Ltd., Coquitlam Taxi (1977) Ltd. and Port Coquitlam Taxi Ltd. As the data provided was inclusive, decisions for the three individual companies generally refer to data applicable to the operation of 91 vehicles rather than the operation of licencespecific vehicles. The vehicle on shift data includes all taxis on shift and is considered Page 103 Taxi Decision Passenger Transportation Board reliable. However, the trips per taxi per hour data included dispatch trips and did not include flag trips (or YVR trips by Coquitlam Taxi). This data is not considered reliable. The applicant is applying for authority to operate 2 taxis in the Downtown Vancouver Entertainment District during peak periods when none of its vehicles are off shift and trip volumes per taxi per hour is unknown. The Board finds there is insufficient evidence of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 98% of the time and is providing a timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Category 2: Category 3: Category 4: Off-Shift Vehicles On-Shift Productivity YVR licences Trips within 15 Minutes 0.5* 1%* insufficient data* 0* 0%* 98%* * Coquitlam Taxi, Port Coquitlam Taxi and Bel-Air Taxi supplied data collectively. Only Coquitlam Taxi has YVR Authority (30 of 31 taxis, or 97%) After considering the applicant’s evidence in its entirety, the Board is not convinced that Port Coquitlam Taxi has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that based on the lack of sufficient evidence of excess capacity, there is a reasonable probability Port Coquitlam Taxi would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Page 104 Taxi Decision Passenger Transportation Board Conclusion This application is refused. Page 105 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 59-11 Applicant Bel-Air Taxi (1982) Ltd. Address 2121 Hartley Avenue, Coquitlam BC V3K 6Z3 Principals MEHAT, Sohan S. Decision Refused PT Licence # 70233 I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Page 106 Taxi Decision Passenger Transportation Board Bel-Air Taxi was incorporated on December 14, 1982 and is currently authorized under Passenger Transportation (PT) licence 70233 to operate 46 vehicles, of which 40 may be conventional taxis. Bel-Air Taxi is corporately related to Coquitlam Taxi (1977) Ltd. and Port Coquitlam Taxi Ltd. Service is currently provided in the Cities of Port Coquitlam, Coquitlam, Port Moody and within 3 road kilometers of these cities as well as some surrounding area. The company director completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The Board took into consideration that the applicant had incurred 1 administrative penalty for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Bel-Air Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Bel-Air Taxi 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. Page 107 Taxi Decision Passenger Transportation Board (c) Would the application, if granted, promote sound economic conditions in the passenger transportation business in British Columbia? The Board looks at how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Bel Air Taxi has applied to expand its originating area for up to 15% of its fleet (7 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that 0.5 (1%) of its taxis are off shift in the time period measured. (2) The data provided by the applicant is insufficient respecting the productivity of taxis on shift (trips per taxi per hour). (3) The applicant does not have YVR licences. YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for the months of May 2011 to November 2011. It included collective data for 91 vehicles operated under the licences of Bel-Air Taxi (1982) Ltd., Coquitlam Taxi (1977) Ltd. and Port Coquitlam Taxi Ltd. As the data provided was inclusive, decisions for the three individual companies generally refer to data applicable to the operation of 91 vehicles rather than the operation of licencespecific vehicles. The vehicle on shift data includes all taxis on shift and is considered Page 108 Taxi Decision Passenger Transportation Board reliable. However, the trips per taxi per hour data included dispatch trips and did not include flag trips (or YVR trips by Coquitlam Taxi). This data is not considered reliable. The applicant is applying for authority to operate 7 taxis in the Downtown Vancouver Entertainment District during peak periods when none of its vehicles are off shift and trip volumes per taxi per hour is unknown. The Board finds there is insufficient evidence of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 98% of the time and is providing a timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Category 2: Category 3: Category 4: Off-Shift Vehicles On-Shift Productivity YVR licences Trips within 15 Minutes 0.5* 1%* insufficient data* 0* 0%* 98%* * Coquitlam Taxi, Port Coquitlam Taxi and Bel-Air Taxi supplied data collectively. Only Coquitlam Taxi has YVR Authority (30 of 31 taxis, or 97%) After considering the applicant’s evidence in its entirety, the Board is not convinced that Bel Air Taxi has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that based on the lack of sufficient evidence of excess capacity, its distance from Vancouver and lack of YVR authority, there is a reasonable probability Bel-Air would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Page 109 Taxi Decision Passenger Transportation Board Conclusion This application is refused. Page 110 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 60-11 Applicant Royal City Taxi Ltd. Address 436 Rousseau Street, New Westminster BC V3L 3R3 Principals DHILLON, Chamkaur SANAEE, Behrouz GILL, Ravinder SINGH, Sarjit PT Licence # 70450 JHALLI, Amrit Decision Refused I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 111 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Royal City Taxi Ltd. was incorporated on September 30, 1941 and is currently authorized under Passenger Transportation (PT) licence 70450 to operate 52 vehicles of which 43 may be conventional taxis. Service is currently provided in and from the City of New Westminster and parts of Burnaby and Coquitlam as well as the Vancouver International Airport (YVR). The company has 9 airport licences authorized by the YVR Authority. In addition, it has contracts to transport CN crews and Canada Post employees. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Each company director completed the required disclosure forms. The Board took into consideration that the applicant had incurred 3 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Royal City Taxi Ltd. states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 112 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Royal City Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Royal City Taxi Ltd. (the applicant) has applied to expand its originating area for up to 15% of its fleet (8 taxis) during peak periods and special days as approved by the PTB. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates the percentage of its fleet and number of its taxis are off shift (average 2% of its fleet, 1.2 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average medium productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant has YVR licences (17% of its fleet, equaling 9 of its 52 taxis). Royal City Taxi has YVR Authority to operate a relatively low percentage of its fleet at the airport. Airport licences are a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Page 113 Taxi Decision Passenger Transportation Board Spreadsheet data was provided for May 2011 to November 2011. The data provided by the applicant included dispatched, flag and YVR trips. The data is considered reliable. The applicant is applying for authority to operate 8 of its taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 1.2 vehicles off shift and medium trip volumes per taxi per hour. The Board finds this an indicator of a low level of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 93% of the time and is providing timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 1.2 Category 2: On-Shift Productivity 2% medium Category 3: YVR licences 9 Category 4: Trips within 15 Minutes 17% 93% After considering the applicant’s evidence in its entirety the Board is not convinced that Royal City Taxi has the excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that, based on the data provided by Royal City Taxi, there is a reasonable probability it would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. The Board finds that approving this application would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Page 114 Taxi Decision Passenger Transportation Board Conclusion This application is refused. Page 115 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 61-11 Applicant Tsawwassen Taxi Ltd. Address 203 – 12837 76th Avenue Surrey BC V3W 2V3 Principals BADESHA, Gurpal BAJWA, Mandeep HANS, Bhajan JHAJJ, Mohan Singh PT Licence # 70463 SIDHUM, Gurminder Decision Approved in part – 2 weekend taxis to operate in the Downtown Vancouver Entertainment District I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Page 116 Taxi Decision Passenger Transportation Board Tsawwassen Taxi Ltd. was incorporated on February 21, 1973 and is currently authorized under Passenger Transportation (PT) licence 70463 to operate 28 vehicles of which 24 may be conventional taxis. The applicant and its corporately related company, Delta Sunshine (1972) Taxi Ltd., are licensed by the YVR Authority to operate 54 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 Taxi Ltd. and Delta Sunshine Taxi (1972) Ltd. have been operating as one entity since 1980. Tsawwassen Taxi Ltd. is a wholly owned subsidiary of Delta Sunshine Taxi (1972) Ltd. Both companies share the board of directors, management and staff, office space, dispatch system, revenues and expenses. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Delta Sunshine Taxi (1972) Ltd. must be the only shareholder in Tsawwassen Taxi Ltd. and the sole owner of Tsawwassen Taxi Ltd. The appropriate company directors completed the required disclosure forms. The Board took into consideration that the applicant had incurred 5 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Tsawwassen Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that only the number of approved vehicles operates in the Downtown Vancouver Entertainment District at the appropriate Page 117 Taxi Decision Passenger Transportation Board times. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Tsawwassen Taxi 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? Tsawwassen Taxi has applied to expand its originating area for up to 15% of its fleet (4 taxis) during peak periods and special days as approved by the PTB. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates a significant percentage of its fleet and number of its taxis are off shift (average 7% of its fleet, 2.0 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average low productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant has YVR licences (79% of its fleet, equaling 22 of its 28 taxis). NOTE: Delta Sunshine has engaged carrier authority along with its wholly subsidiary PT licence holder Tsawwassen Taxi Ltd. Collectively they have authority to operate 54 YVR taxis. When determining their excess capacity the Board apportioned the 54 YVR taxis at a common percentage (79%) of their total fleet. This apportionment resulted in Delta Sunshine being considered at 32 taxis with YVR licences and Tsawwassen Taxi at 22. Page 118 Taxi Decision Passenger Transportation Board Tsawwassen Taxi has YVR Authority to operate a significant percentage of its fleet at the airport. YVR licences are a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for June 2011 to November 2011. The data provided by the applicant included dispatched, flag and YVR trips. The data is considered reliable. The applicant is applying for authority to operate 4 taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 2 taxis (7% if its fleet) vehicles off shift and low trip volumes per taxi per hour. The Board finds this an indicator of some excess capacity. Additionally, the Board feels that due to the applicant’s excess capacity and its high number of YVR licenses (when combined with Delta Sunshine Taxi), which would place taxis in close proximity to the City of Vancouver, the applicant would have some capacity to serve its home market as well as the Downtown Vancouver Entertainment District. However, if the Board were to approve the total number of vehicles requested, this may affect service in its home jurisdiction. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 95% of the time and is providing timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Page 119 Taxi Decision Passenger Transportation Board Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Category 2: Category 3: Off-Shift Vehicles On-Shift Productivity YVR licences 2.0 7% low 22 79% Category 4: Trips within 15 Minutes 95% After considering the applicant’s evidence in its entirety the Board is convinced that Tsawwassen Taxi has some excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that due to its number of vehicles off shift, the significant percentage of its fleet with YVR licences , and therefore in close proximity to the City of Vancouver, and current service levels, Tsawwassen Taxi would be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets if a limited number of vehicles are approved for weekend taxi service. The Board approves Tsawwassen Taxi to operate 2 taxis in the City of Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturday/Sunday. The Board finds that approving this application in part promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved as set out in this decision. Terms and conditions of licence are set out in Appendix below. Page 120 Taxi Decision Passenger Transportation Board Tsawwassen Taxi Ltd. Appendix Special Passenger Directed Vehicle (PDV) Authorization: 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: 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. Service Priority Persons with mobility aids who require the accessible taxi for transportation Limitation: 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 Taxi (1972) Ltd. must be the only shareholder in Tsawwassen Taxi Ltd. And the sole owner of Tsawwassen Taxi Ltd. Service 1: The following terms and conditions apply to Service 1: 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 121 Taxi Decision Passenger Transportation Board 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 Taxis Originating Area: Transportation of passengers may originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. 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 A maximum of 2 vehicles may operate under this Service Vehicles Maximum Vehicles may only operate in the Downtown Vancouver Entertainment Operating District on Friday/Saturday and Saturday/Sunday from 10 p.m. to 5:00 a.m. Requirement: The following apply to all vehicles in the fleet. Express (i) Vehicles must be equipped with a meter that calculates fares on a time and authorizations: 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. Taxi Cameras: Taxi camera equipment may only be installed and operated in vehicles when the licensee is in compliance with applicable taxi camera rules, standards and Page 122 Taxi Decision Passenger Transportation Board orders of the Passenger Transportation Board. Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. 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 123 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 62-11 Applicant White Rock South Surrey Taxi Ltd. Trade Names Pacific Cabs Address 3 – 17921 55th Avenue, Surrey BC V3S 6C4 Principals BIRING, Jagdip DHALIWAL, Harchand GREWAL, Balbir Singh MANN, Surinder RANDHAWA, Gurmeet Singh SANDHU, Jaswinder Singh PT Licence # 70404 SIDHU, Angrez Decision Refused I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 124 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. White Rock South Surrey Taxi was incorporated on March 28, 1968 and is currently authorized under Passenger Transportation (PT) licence 70404 to operate 63 vehicles, of which 53 may be conventional taxis. The applicant is licensed by the YVR Authority to operate 28 airport taxis. The PT licence stipulates that 6 vehicles are dependent on the airport contract and will decrease according to a sliding scale if the number of airport licences is reduced. Service currently originates from White Rock, Langley, a portion of Surrey as well as those vehicles authorized at YVR. Each company director completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The applicant received no administrative penalties for “illegal pickups” between April 2010 and April 2012. Referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. White Rock South Surrey Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 125 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. White Rock South Surrey Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. White Rock South Surrey Taxi has applied to expand its originating area for up to 15% of its fleet (9 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates the percentage of its fleet and number of its taxis are off shift (average 4% of its fleet, 2.7 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average high productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant does have YVR authority (44% of its fleet, equaling 28 of 63 taxis). YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Page 126 Taxi Decision Passenger Transportation Board Spreadsheet data was provided for the months of May 2011 to November 2011. The data provided by the applicant included dispatched, flag and YVR trips and the data is considered reliable. The applicant is applying for authority to operate 9 taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 2.7 taxis, 4% of its vehicles off shift and higher than average trip volumes per taxi per hour. The Board finds this an indicator of a low level of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 84% of the time and is providing less timely service to its taxi patrons than the majority of suburban taxi applicants. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 2.7 Category 2: On-Shift Productivity 4% high Category 3: YVR licences 28 Category 4: Trips within 15 Minutes 44% 84% After considering the applicant’s evidence in its entirety the Board is not convinced that White Rock South Surrey Taxi has the excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that based on its limited excess capacity and current service levels, there is a reasonable probability it would not be able to serve the Downtown Vancouver Entertainment District without further reducing its service levels to their home markets. Page 127 Taxi Decision Passenger Transportation Board The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is refused. Page 128 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application: 63-11 Applicant: Coquitlam Taxi (1977) Ltd. Address: 2121 Hartley Avenue, Coquitlam BC V3K 6Z3 Principals: GILL, Harjinder Decision Refused PT Licence # 70232 MEHAT, Sohan I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Page 129 Taxi Decision Passenger Transportation Board Coquitlam Taxi was incorporated on August 2, 1977 and is currently authorized under Passenger Transportation (PT) licence 70232 to operate 31 vehicles. The applicant is licensed by the YVR Authority to operate 30 airport taxis. The PT licence stipulates that 5 vehicles are dependent on the airport contract and will decrease according to a sliding scale if the number of airport licences is reduced. Coquitlam Taxi is corporately related to Bel-Air (1982) Ltd. and Port Coquitlam Taxi Ltd. Service is currently provided in the Cities of Port Coquitlam, Coquitlam, Port Moody as well as some surrounding areas and YVR. The company directors completed the required disclosure forms. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. The Board took into consideration that the applicant had incurred 7 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Coquitlam Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that taxis are not providing service originating in the City of Vancouver, including the Downtown Entertainment District. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 130 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Coquitlam Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Coquitlam has applied to expand its originating area for up to 15% of its fleet (taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that 0.5 (1%) of its taxis are off shift in the time period measured. (2) The data provided by the applicant is insufficient respecting the productivity of taxis on shift (trips per taxi per hour). (3) The applicant does have YVR authority (97% of its fleet, equaling 30 of 31 taxis). YVR authority is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Page 131 Taxi Decision Passenger Transportation Board Spreadsheet data was provided for the months of May 2011 to November 2011. It included collective data for 91 vehicles operated under the licences of Bel-Air Taxi (1982) Ltd., Coquitlam Taxi (1977) Ltd. and Port Coquitlam Taxi Ltd. As the data provided was inclusive, decisions for the three individual companies generally refer to data applicable to the operation of 91 vehicles rather than the operation of licencespecific vehicles. The vehicle on shift data includes all taxis on shift and is considered reliable. However, the trips per taxi per hour data included dispatch trips and did not include flag trips (or YVR trips by Coquitlam Taxi). This data is not considered reliable. The applicant is applying for authority to operate 5 taxis in the Downtown Vancouver Entertainment District during peak periods when none of its vehicles are off shift and trip volumes per taxi per hour is unknown. The Board finds there is insufficient evidence of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 98% of the time and is providing a timely service to its taxi patrons. The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Category 2: Category 3: Category 4: Off-Shift Vehicles On-Shift Productivity YVR licences Trips within 15 Minutes 0.5* 1%* insufficient data* 30* 97%* 98%* * Coquitlam Taxi, Port Coquitlam Taxi and Bel-Air Taxi supplied data collectively. Only Coquitlam Taxi has YVR Authority (30 of 31 taxis, or 97%) After considering the applicant’s evidence in its entirety, the Board is not convinced that Coquitlam Taxi has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that based on the lack of sufficient evidence of excess capacity, there is a reasonable Page 132 Taxi Decision Passenger Transportation Board probability Coquitlam Taxi would not be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. The Board finds that the application, if granted, would not promote sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is refused. Page 133 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 64-11 Applicant Newton Whalley Hi Way Taxi Ltd Address 107 – 13119 84th Avenue, Surrey BC V3W 1B3 Principals ALI, Aamir CHAHAL, Dharampal Singh GREWAL, Ravinder Singh GREWAL, Avtar Singh JOHAL, Sukhwinder Singh KHARBAR, Tarsem Singh PT Licence # 70974 PARMAR, Narinder Singh Decision: Approved in part –2 weekend taxis to operate in the Downtown Vancouver Entertainment District I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 134 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Newton Whalley Hi Way Taxi Ltd. was incorporated on October 7, 1980 and is currently authorized under Passenger Transportation (PT) licence 70974 to operate 70 vehicles of which 59 may be conventional taxis. The applicant is licensed by the YVR Authority to operate 16 airport taxis. The PT licence stipulates that 6 vehicles are dependent on the airport contract and will decrease according to a sliding scale if the number of airport licences is reduced. Service currently originates from any point in the City of Surrey, District of Delta and the City of White Rock, as well YVR. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Each company director completed the required disclosure forms. The Board took into consideration that the applicant had incurred 6 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Newton Whalley Hi Way Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that only the number of approved vehicles operates in the Downtown Vancouver Entertainment District at the appropriate times. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 135 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Newton Whalley Hi Way Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. Newton Whalley Hi Way Taxi has applied to expand its originating area for up to 15% of its fleet (11 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates that a low percentage of its fleet and number of its taxis are off shift (average 7% of its fleet, 4.8 taxis) in the time period measured. (2) The data provided by the applicant indicates taxis on shift average medium productivity (trips per taxi per hour) when compared against other applicants. (3) The applicant has YVR licences (23% of its fleet, equaling 16 of its 70 taxis). Newton Whalley Hi Way Taxi Ltd. has YVR authority to operate a significant percentage of its fleet at the airport.YVR licences are a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Page 136 Taxi Decision Passenger Transportation Board Spreadsheet data was provided for May 2011 to November 2012. The data provided by the applicant included dispatched, flag, and YVR vehicles on shift and trips. The data is considered reliable. The applicant is applying for authority to operate 11 taxis in the Downtown Vancouver Entertainment District during peak periods when it averages 4.8 taxis, 7 % of its vehicles off shift and medium trip volumes per taxi per hour. The Board finds this an indicator of some excess capacity. Additionally, the Board feels that due to the applicant’s excess capacity and its moderate number of YVR licenses, which would place taxis in close proximity to the City of Vancouver, the applicant would have some capacity to serve its home market as well as the Downtown Vancouver Entertainment District. However, if the Board were to approve the total number of vehicles requested, this may affect service in its home jurisdiction. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 93% of the time and is providing a timely service to its taxi patrons than the majority of suburban taxi applicants. The Board’s consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 4.8 Category 2: On-Shift Productivity 7% Category 3: YVR licences medium 16 Category 4: Trips within 15 Minutes 23% 93% After considering the applicant’s evidence in its entirety the Board is convinced that Newton Whalley Hi Way Taxi has some excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday Page 137 Taxi Decision Passenger Transportation Board nights. The Board finds that due to its number of vehicles off shift, the percentage of its fleet with YVR licences, and therefore in close proximity to the City of Vancouver, and current service levels, Newton Whalley Hi Way Taxi would be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets if a limited number of vehicles are approved for weekend taxi service. The Board approves Newton Whalley Hi Way Taxi Ltd. to operate 2 taxis in the Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturday/Sunday. The Board finds that approving this application in part promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved as set out in this decision. Terms and conditions of licence are set out in Appendix below. Page 138 Taxi Decision Passenger Transportation Board Newton Whalley Hi Way Taxi Ltd. Appendix Special Authorization Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Maximum Fleet Size: 1. At any time – 63 motor vehicles of which a maximum of 52 may be conventional taxis. All other vehicles are accessible taxis. 2. YVR Contract - The licensee may operate up to an additional 7 vehicles under service 3, if the Vancouver International Airport Authority (VIAA) has approved airport licences for 16 or more vehicles in fleet of the licensee. The maximum number of additional vehicles decreases on a sliding scale as follows: Total “airport licenses” approved by the VIAA Additional (or its agent) Vehicles Maximum Fleet Size 16 7 70 motor vehicles of which a maximum of 59 may be conventional taxis. All other vehicles are accessible taxis. 15 6 69 motor vehicles of which a maximum of 58 may be conventional taxis. All other vehicles are accessible taxis. 14 5 68 motor vehicles of which a maximum of 57 may be conventional taxis. All other vehicles are accessible taxis. 13 4 67 motor vehicles of which a maximum of 56 may be conventional taxis. All other vehicles are accessible taxis. 12 3 66 motor vehicles of which a maximum of 55 may be conventional taxis. All other vehicles are accessible taxis. 11 2 65 motor vehicles of which a maximum of 54 may be conventional taxis. All other vehicles are accessible taxis. 10 1 64 motor vehicles of which 53 may be conventional taxis. All other vehicles are accessible taxis. a. When making application for renewal of its licence, Newton Whalley HiWay Taxi Ltd. must submit a letter to the Registrar of Passenger Transportation from Ground Transportation, Vancouver International Airport Authority, stating that its contract with Newton Whalley HiWay Taxi Ltd. remains in good standing. b. The letter referred to in (a) must confirm the number of airport licences approved for Newton Whalley HiWay Taxi Ltd. Page 139 Taxi Decision Passenger Transportation Board c. The Registrar may issue appropriate number of identifiers based on the sliding scale above. 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: Vehicles can accommodate a driver and not less than 2 and not more than 7 passengers. Flip Seat Passengers may be seated in moveable “flip seats” or “let down seats” that Authorization: are installed behind the driver in accordance with Division 10.07(5) of the Motor Vehicle Act Regulations. Only three (3) accessible taxis may have a flip seat installed. Service Priority Persons with mobility aids who require the accessible taxi for transportation Limitation: 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. Minimum Operating At least 2 accessible taxis must be operated and available for hire 24 hours Requirement: each day, every day of the week. Service 1: The following terms and conditions apply to Service 1: Originating Area: Transportation of passengers may only originate from any point in the City of Surrey, District of Delta and City of White Rock. 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 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 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 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 New Westminster and City of Langley. Destination Area: Transportation of passengers must terminate at a hospital located in the City of New Westminster or the Township of Langley, or at any point in British Columbia. Service Limitation: Service is limited to the transportation of passengers who require the use of a wheelchair equipped vehicle. Page 140 Taxi Decision Passenger Transportation Board Service 3: The following terms and conditions apply to Service 3: Originating Area: Transportation of passengers may only 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. Return Trips: The same passengers may 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 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 4: The following terms and conditions apply to Service 4: Originating Area: Transportation of passengers may only originate from any point on the Canadian National Railway Company rail line in that portion of Licence District 14 west of the Pitt River, Licence District 14A, and that portion of Licence District 15 west of and including the City of Surrey. Destination Area: Transportation of passengers must terminate at any point on the Canadian National Railway Company rail line in that portion of Licence District 14 west of the Pitt River, Licence District 14A, and that portion of Licence District 15 west of and including the City of Surrey. Service Limitation: Service may be provided only to persons employed or engaged by the Canadian National Railway Company and only as long as a current written contract exists between the licence holder and the Canadian National Railway Company or its broker or agent. Service 5: The following terms and conditions apply to Service 5: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. 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 A maximum of 2 vehicles may operate under this Service Vehicles Maximum Vehicles may only operate in the Downtown Vancouver Entertainment Operating District on Friday/Saturday and Saturday/Sunday from 10 p.m. to 5:00 Requirement: a.m. Page 141 Taxi Decision Passenger Transportation Board The following apply to all vehicles in the fleet. Express (i) Vehicles must be equipped with a meter that calculates fares on a time Authorizations: 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. Taxi Cameras: Taxi 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 Passenger Transportation Board. Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. Eco-friendly taxis: Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as ‘eco-friendly taxis’ as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. 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 142 Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 65-11 Applicant Sunshine Cabs Ltd Address 107 – 13119 84th Avenue, Surrey BC V3W 1B3 Principals BEDI, Paramjit Singh PT Licence # GILL, Sanjeev JAWANDA, Charanjit JAWANDHA, Harmikpal S. JAWANDHA, Gurjit Decision 70547 Approved in part - 10 weekend taxis to operate in the Downtown Vancouver Entertainment District I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 143 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Sunshine Cabs Limited was incorporated on February 13, 1981 and is currently authorized under Passenger Transportation (PT) licence 70547 to operate 65 taxis, of which 55 may be conventional taxis. The applicant is licensed by the YVR Authority to operate 28 airport taxis. The PT licence stipulates that 17 vehicles are dependent on the airport contract and will decrease according to a sliding scale if the number of airport licences is reduced. Service currently originates from within the District of North Vancouver, the City of North Vancouver and the District of West Vancouver, as well as YVR. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Each company director completed the required disclosure forms. The Board took into consideration that the applicant had incurred 20 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. Sunshine Cabs Limited states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that only the number of approved vehicles operates in the Downtown Vancouver Entertainment District at the appropriate times. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 144 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Sunshine Cabs 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 approaches the “economic conditions” issue from a broad perspective. 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 within passenger transportation markets. As well, the Board discourages destructive forms of competition that could unduly harm existing service providers. Sunshine Cabs Ltd. has applied to expand its originating area for up to 15% of its fleet (10 taxis) during peak periods and special days as approved by the Board. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup). Discussion of the data follows. Excess Capacity (categories 1,2 and 3) (1) The data provided by the applicant indicates a high percentage of its fleet and number of its taxis are off shift (average 33% of its fleet, 21.6 taxis) in the time period measured. (2) The data provided by the applicant is insufficient respecting the productivity of taxis on shift (trips per taxi per hour). (3) The applicant has YVR authority (43% of its fleet, equaling 28 of its 65 taxis). Page 145 Taxi Decision Passenger Transportation Board Sunshine Cabs Taxi Ltd. has YVR authority to operate a significant percentage of its fleet at the airport.YVR licences are a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for May 2011 to November 2011. The data provided by the applicant included dispatched trips and YVR trips. The data did not include trips by taxis that only served flag patrons during its shift. However, the applicant states its assumption “that cars that take a flag will also take a dispatched trip in the respected originating area during the timeline and thus will be counted as “On Shift” in the report.” The Board accepts the applicant’s assumption to a point and considers the Sunshine Cabs data for vehicles off shift reliable. Conversely, the data relating to trips per taxi per hour does not include flag trips and is not considered a reliable indicator of excess capacity. The applicant is applying for authority to operate 10 of its taxis in the Downtown Vancouver Entertainment District during peak periods when the applicant averages of 21.6 vehicles off shift. The Board finds this a clear indicator of excess capacity. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 93% of the time and is providing timely service to its taxi patrons. The Board’s consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Additionally, the Board feels that due to the proximity of the applicant’s home base (North Shore) to the City of Vancouver, North Shore Taxi would be able to serve its home market as well as the entertainment district in the City of Vancouver. Figure 1 summarizes the applicant’s data pertaining to these four categories. Page 146 Taxi Decision Passenger Transportation Board Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Category 2: Category 3: Category 4: Off-Shift Vehicles On-Shift Productivity YVR licences Trips within 15 Minutes 21.6 33% insufficient data 28 43% 93% After considering the applicant’s evidence in its entirety the Board is convinced that Sunshine Cabs has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that due to its high number of vehicles off shift, high percentage of its fleet with YVR authority, current service levels and its proximity to the City of Vancouver, Sunshine Cabs would be able to serve the Downtown Entertainment District while maintaining current service levels in their home markets. The Board approves Sunshine Cabs to operate 10 taxis in Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturdays/Sundays. The Board finds that approving this application promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved as set out in this decision. Terms and conditions of licence are set out in Appendix below. Note: In the course of Board’s review of the terms and conditions of licence for Sunshine Cabs Ltd., the Board discovered an inconsistency in the wording with respect to the YVR contract. The wording has been changed to reflect the wording in other licences. Page 147 Taxi Decision Passenger Transportation Board Sunshine Cabs Ltd. Appendix Special Authorization Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Maximum Fleet Size: 1. At any time – 48 motor vehicles of which a maximum of 41 may be conventional taxis. All other vehicles are accessible taxis. 2. YVR Contract – The licensee may operate up to an additional 17 vehicles if the Vancouver International Airport Authority (VIAA) has approved airport licences for 28 or more vehicles in fleet of the licensee: Total “airport licenses” approved by the VIAA (or its agent) 28 Page 148 Additional Vehicles 17 27 16 26 15 25 14 24 13 23 12 22 11 21 10 20 9 19 8 18 7 17 6 16 5 15 4 14 3 13 2 Maximum Fleet Size 65 vehicles of which 55 may be conventional taxis 64 vehicles of which 54 may be conventional taxis 63 vehicles of which 53 may be conventional taxis 62 vehicles of which 52 may be conventional taxis 61 vehicles of which 51 may be conventional taxis 60 vehicles of which 50 may be conventional taxis 59 vehicles of which 50 may be conventional taxis 58 vehicles of which 49 may be conventional taxis 57 vehicles of which 48 may be conventional taxis 56 vehicles of which 47 may be conventional taxis 55 vehicles of which 46 may be conventional taxis 54 vehicles of which 46 may be conventional taxis 53 vehicles of which 45 may be conventional taxis 52 vehicles of which 44 may be conventional taxis 51 vehicles of which 43may be conventional taxis 50 vehicles of which 42 may be conventional taxis Taxi Decision Passenger Transportation Board 12 1 49 vehicles of which 41 may be conventional taxis a. When making application for renewal of its licence, Sunshine Cabs Ltd. must submit a letter to the Registrar of Passenger Transportation from Ground Transportation, Vancouver International Airport Authority, stating that its contract with Sunshine Cabs Ltd. remains in good standing. b. The letter referred to in (a) must confirm the number of airport licences approved for Sunshine Cabs Ltd. c. Specialty Vehicles: Eco-Friendly Taxis: Vehicle Capacity: The Registrar may issue appropriate number of identifiers based on the sliding scale above. 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. Any additional conventional vehicles approved for this licence on or after May 16, 2007 and for which a passenger transportation identifier is issued, must be operated as `eco-friendly taxis' as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. Vehicles can accommodate a driver and not less than 2 and not more than 7 passengers. Minimum At least 3 accessible taxis must be operated and available for hire 24 hours Operating each day, every day of the week. Two of the 3 accessible taxis must be Requirement: operated under Services 1 & 2 and must not be vehicles that have been licensed by the Vancouver International Airport Authority to provide taxicabs at the Vancouver International Airport Service 1: The following terms and conditions apply to Service 1: Originating Area: Transportation of passengers may only originate from any point in the District of North Vancouver, the City of North Vancouver and the District of West Vancouver. Destination Area: Transportation of passengers may terminate at any point in British Columbia. 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 2: Originating Area: Page 149 The following terms and conditions apply to Service 2: Transportation of passengers may only originate from any point in the District of North Vancouver, the City of North Vancouver and the District of West Vancouver. Taxi Decision Passenger Transportation Board Destination Area: Return Trips: Service 3: Transportation of passengers may terminate at any point beyond the British Columbia/United States border when engaged in an extraprovincial 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. The following terms and conditions apply to Service 3: Originating Area: Transportation of passengers may only originate at the Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Service 4: The following terms and conditions apply to Service 4: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Vehicle Any vehicle operating under this Service must have a “yellow weekend” Identification plate securely fastened in a conspicuous place at the front of the commercial vehicle and in a horizontal position. Maximum A maximum of 10 vehicles may operate under this Service number Vehicles Maximum Vehicles may only operate in the Downtown Vancouver Entertainment Operating District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to Requirement: 5:00 a.m. The following apply to all vehicles in the fleet. Express (i) Vehicles must be equipped with a meter that calculates fares on a authorizations: 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. Taxi Camera Equipment: Taxi Bill of Rights: A digital taxi camera must be installed and operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. Page 150 Taxi Decision Passenger Transportation Board Transfer of a licence: Page 151 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. Taxi Decision Passenger Transportation Board Licence Amendment Application Decision (Taxi) Application 56-12 Applicant North Shore Taxi (1966) Ltd. Address 264 Pemberton Avenue, North Vancouver BC V7P 2R5 Principal BOWAL, Bodh MANHAS, Balwinder Singh PARHAR, Salinder Singh SANGHERA, Gurbax PT Licence# 70476 SIDHU, Dharam Singh Decision Approved in part – 14 weekend taxis to operate in the Downtown Vancouver Entertainment District I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 152 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. North Shore Taxi (1966) Ltd. was incorporated on December 21, 1966 and is currently authorized under PT licence 70476 to operate 125 taxis, of which a maximum of 95 may be conventional taxis. The applicant is licensed by the YVR Authority to operate 31 airport taxis. The PT licence stipulates that 18 vehicles are dependent on the airport contract and will decrease according to a sliding scale if the number of airport licences is reduced. Service currently originates from within the District of North Vancouver, the City of North Vancouver, the District of West Vancouver as well as those authorized at YVR. The application included a business plan for the proposed peak period service that stated it would be a complementary taxi service to the existing “on demand service”. Financial statements, with projections for the proposed service, were included as well as an outline of the company’s share structure. Each company director completed the required disclosure forms. The Board took into consideration that the applicant had incurred 18 administrative penalties for “illegal pick-ups” between April 2010 and April 2012. However, referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative record would not, in and of itself, be a barrier to an application approval. North Shore Taxi states that the authorized vehicles will be clearly identified. The business plan contained the applicant’s strategy for compliance and enforcement of its vehicles operating in the Downtown Vancouver Entertainment District. This included suburban taxi applicants hiring a “compliance supervisor” and using the company’s dispatch system to monitor non-licensed pickups. The Board expects the applicant to monitor its operations closely to ensure that its compliance and monitoring systems are effective and that only the number of approved vehicles operate in the Downtown Vancouver Entertainment District at the appropriate times. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may be in question. Page 153 Taxi Decision Passenger Transportation Board The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. North Shore Taxi 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. North Shore Taxi has applied to expand its originating area for up to 15% of its fleet (19 taxis) during peak periods and special days as approved by the PTB. Its application is based on excess capacity. The applicant provided a set of data that falls into three specific categories that can be used to assess excess capacity: (1) Excess Capacity (vehicles off shift) (2) Excess Capacity (productivity of vehicles on shift) (3) Excess Capacity (applicants with YVR Authority). A fourth category allows the Board to assess and compare service levels among suburban taxi applicants: (4) Service Levels (wait times from dispatch to passenger pickup. Discussion of the data follows. Excess Capacity (categories 1, 2 and 3) (1) The data provided by the applicant indicates a significant percentage of its fleet and number of its taxis are off shift (average 13% of its fleet, 16 taxis) in the time period measured. (2) The data provided by the applicant is insufficient respecting the productivity of taxis on shift (trips per taxi per hour). (3) The applicant has YVR licences (25% of its fleet, equaling 31 of its 125 taxis). North Shore Taxi Ltd. has YVR authority to operate a significant percentage of its fleet at the airport.YVR licences are a common contributor to some suburban taxi applicants Page 154 Taxi Decision Passenger Transportation Board having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Spreadsheet data was provided for December 2011 to February 2012. Data did not include trips by taxis that only served flag or YVR patrons during its shift. However, the applicant states its assumption “that cars that take a flag will also take a dispatched trip in the respected originating area during the timeline and thus will be counted as “On Shift” in the report.” While the assumption may be accepted to a point, it does not account for the omission of data for YVR trips. The data relating to trips per taxi per hour is not considered sufficient. The applicant used paper records to report the number of taxis off shift during the time period measured. The applicant submitted this supplementary data on June 27, 2012. The Board considers North Shore Taxi’s data for vehicles off shift reliable. The applicant is applying for authority to operate 19 of its taxis in the Downtown Vancouver Entertainment District during peak periods when the applicant averages of 16 vehicles off shift. The Board finds this a clear indicator of excess capacity. Additionally, the Board feels that due to the applicant’s excess capacity and its close proximity to the City of Vancouver, it would be able to serve its home market as well as the Downtown Vancouver Entertainment District. North Shore Taxi has YVR authority to operate a significant percentage of its fleet at the airport. This is a common contributor to some suburban taxi applicants having excess capacity to serve additional taxi patrons during Downtown Vancouver Entertainment District peak periods on weekends. Service Level (category 4) (4) Wait Time is the average wait from when a taxi is dispatched until a taxi user is picked up and the meter is turned on. The panel finds that the majority of suburban taxi applicants have an average wait of 15 minutes or less over 92% of the time. The data provided by the applicant indicates it meets this service level 97% of the time and is providing timely service to its taxi patrons. Page 155 Taxi Decision Passenger Transportation Board The Board consideration of excess capacity and service levels should enable successful applicants to maintain current service levels in their home jurisdiction. Figure 1 summarizes the applicant’s data pertaining to these four categories. Figure 1 Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011) Category 1: Off-Shift Vehicles 16.0 Category 2: On-Shift Productivity 13% Category 3: YVR licences insufficient data 31 Category 4: Trips within 15 Minutes 25% 97% After considering the applicant’s evidence in its entirety the Board is convinced that North Shore Taxi has excess capacity to provide peak period weekend taxi service to the Downtown Vancouver Entertainment District on Friday and Saturday nights. The Board finds that due to its high number of vehicles off shift, high percentage of its fleet with YVR licences, current service levels and its proximity to the City of Vancouver, North Shore Taxi would be able to serve the Downtown Vancouver Entertainment District while maintaining current service levels to their home markets. The Board approves North Shore Taxi to operate 14 taxis in the Downtown Vancouver Entertainment District from 10:00 p.m. to 5:00 a.m. on Friday/Saturday and Saturday/Sunday. The Board finds that approving this application in part promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved as set out in this decision. Terms and conditions of licence are set out in Appendix below. Page 156 Taxi Decision Passenger Transportation Board North Shore Taxi Ltd. Appendix Special Authorization: Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Maximum Fleet Size: 1. At any time - 107 motor vehicles of which a maximum of 95 may be conventional taxis. All other vehicles are accessible taxis. 2. YVR Contract - The licensee may operate up to an additional 18 if the Vancouver International Airport Authority (VIAA) has approved airport licences for 31 or more vehicles in fleet of the licensee. The maximum number of additional vehicles decreases on a sliding scale as follows: Total “airport licenses” approved by the VIAA (or its Additional agent) Vehicles Maximum Fleet Size 125 motor vehicles of which a 31 18 maximum of 113 may be conventional taxis. 124 motor vehicles of which a 30 17 maximum of 112 may be conventional taxis. 123 motor vehicles of which a 29 16 maximum of 111 may be conventional taxis. 122 motor vehicles of which a 28 15 maximum of 110 may be conventional taxis. 121 motor vehicles of which a 27 14 maximum of 109 may be conventional taxis. 120 motor vehicles of which a 26 13 maximum of 108 may be conventional taxis. 119 motor vehicles of which a 25 12 maximum of 107 may be conventional taxis. 118 motor vehicles of which a 24 11 maximum of 106 may be conventional taxis. 117 motor vehicles of which a 23 10 maximum of 105 may be conventional taxis. 116 motor vehicles of which a 22 9 maximum of 104 may be conventional taxis. 115 motor vehicles of which a 21 8 maximum of 103 may be conventional taxis. 114 motor vehicles of which a 20 7 maximum of 102 may be conventional taxis. Page 157 Taxi Decision Passenger Transportation Board 19 6 18 5 17 4 16 3 15 2 14 1 13 or less 0 113 motor vehicles of which a maximum of 101 may be conventional taxis. 112 motor vehicles of which a maximum of 100 may be conventional taxis. 111 motor vehicles of which a maximum of 99 may be conventional taxis. 110 motor vehicles of which a maximum 98 may be conventional taxis. 109 motor vehicles of which a maximum 97 may be conventional taxis. 108 motor vehicles of which a maximum 96 may be conventional taxis. 107 motor vehicles of which a maximum 95 may be conventional taxis. a. When making application for renewal of its licence, North Shore Taxi (1966) Ltd. must submit a letter to the Registrar of Passenger Transportation from Ground Transportation, Vancouver International Airport Authority, stating that its contract with North Shore Taxi (1966) Ltd. remains in good standing. b. The letter referred to in (a) must confirm the number of airport licences approved for North Shore Taxi (1966) Ltd. Specialty Vehicles: Vehicle Capacity: Flip Seat Authorization: c. The Registrar may issue appropriate number of identifiers based on the sliding scale above. 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. Vehicles can accommodate 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. Only one vehicle, including an accessible taxi, may have a flip seat installed. Service Priority Limitation: 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. Service 1: The following terms and conditions apply to Service 1: Originating Area: Transportation of passengers may only originate from any point in the District of West Vancouver, City of North Vancouver and District of North Vancouver. Destination Area: Transportation of passengers may terminate at any point in British Columbia Page 158 Taxi Decision Passenger Transportation Board 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 2: The following terms and conditions apply to Service 2: Originating Area: Transportation of passengers may only originate from any point in the District of Squamish and Woodfibre. Destination Area: Transportation of passengers may only terminate at any point in the City of Vancouver. Service Limitation: Service may be provided only to employees of: a) Squamish Terminals Ltd. b) Canadian Stevedoring Company Limited c) Western Stevedoring Company Limited d) Empire Stevedoring Company Limited e) Pacific Pilotage Authority Service 3: The following terms and conditions apply to Service 3: Originating Area: Transportation of passengers may only originate from any point in Licence District 14A, that portion of Licence District 14 west of the Pitt River and that portion of Licence District 15 west of but including the City of Surrey. Destination Area: Transportation of passengers may only terminate at any point in Licence District 14A, that portion of Licence District 14 west of the Pitt River and that portion of Licence District 15 west of but including the City of Surrey. Service Limitation: Service is limited to the transportation of industrial workers employed by the Canadian National Railway. Service 4: The following terms and conditions apply to Service 4: Originating Area: Transportation of passengers may only originate at the Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Service 5: The following terms and conditions apply to Service 5: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from the Downtown Vancouver Entertainment District, i.e. the area that is bounded by the Burrard Inlet on the south, the Lion’s Gate bridge on the north and either Main, Beatty or Abbot street to the east. 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 Page 159 Taxi Decision Passenger Transportation Board and in a horizontal position. Maximum number A maximum of 14 vehicles may operate under this Service Vehicles Maximum Vehicles may only operate in the Downtown Vancouver Entertainment Operating District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 Requirement: a.m. The following apply to all vehicles in the fleet. Express (i) Vehicles must be equipped with a meter that calculates fares on a time and authorizations: 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. Taxi Camera Equipment: A digital taxi camera must be installed and operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. Eco-friendly taxis: Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as ‘eco-friendly taxis’ as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. Transfer of a licence: Page 160 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. Taxi Decision Passenger Transportation Board Licence Application Decision (Additional Taxis) Application AV07-12 Applicant MacLure’s Cabs (1984) Ltd. Address 1510 W. 3rd Avenue, Vancouver BC V6J 1J7 Principals BANSAL, Gursharan DYAL, Gurdial KANDOLA, Sodhi NAGRA, Gurpal PT Licence # 70199 POONIA, Sucha Decision Approved – 16 peak period taxis I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial Page 161 Taxi Decision Passenger Transportation Board statements. MacLure’s Cabs (1984) Ltd. was incorporated on January 24, 1984 and is currently authorized under Passenger Transportation (PT) licence 70199 to operate 65 vehicles of which 55 may be conventional taxis. Service currently originates from within the City of Vancouver and it may operate vehicles originating from Vancouver International Airport. During the 5 approved TOP periods beginning in April 2011, MacLure’s Cabs operated 10 peak period additional taxis in the Downtown Vancouver Entertainment District. This application is to approve 16 permanent peak period taxis. Counsel for the 4 Vancouver taxi companies submitted common material which was the Chow Report and a brief generic business plan. It states that the 4 companies have successfully operated 65 TOP vehicles for over 14 months and are confident that the model works from an operational perspective. If approved, the permanent peak period taxis will be operated in the same manner as the 65 TOP vehicles. Full dispatch will be offered by each taxi company to its additional vehicles. Individual company shareholders will put the vehicles on the road and be responsible for finding drivers. Financial statements, with projections for the proposed service were included. Each company director completed the required disclosure forms. Submissions on the Vancouver taxi applicants raised issues relating to driver working conditions, company business practices and share prices. However, there was no concrete evidence to support the allegations. Labour, employment and safety grievances are not within the jurisdiction of the Passenger Transportation Board. In response to follow-up questions from the Board, counsel for the Vancouver taxi applicants made these comments: Copies of each company’s National Safety Code audit and ratings indicate “Satisfactory – Unaudited.” A breakdown of employees versus lease drivers shows that the majority of drivers are lease drivers, with the exception of Yellow Cab. Page 162 To the knowledge of current management, none of the 4 companies has been found guilty of Taxi Decision Passenger Transportation Board a violation of the Employment Standard’s Act. The 4 Vancouver taxi companies have engaged a mediator/facilitator in labour relations to assist them in appropriately and fairly dealing with matters raised by drivers. Heenan Blaikie has been retained to draft a set of recruitment and contractual documents to be used by all 4 companies on a “go forward” basis. No sanctions have been imposed by the 4 Vancouver companies on any drivers who made submissions on the 4 Vancouver taxi applications. One driver, who was listed in the PCCT submission, was disciplined for a trip refusal. Documentation was provided. The Vancouver taxi applicants retain a monitor for the entertainment district who acts as a ground liaison with the VPD and monitors taxi availability. The Board took into consideration that the Vancouver taxi applicants collectively received 13 administrative penalties, 3 of which were for operating outside their area and 3 for trip refusals between April 2010 and April 2012. However, in referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative penalty record would not, in and of itself, be a barrier to an application approval. When the Vancouver taxi applicants received the interim tabulations, as stated in the Chow Report, indicating a 21% taxi refusal rate, members acted immediately to remind their drivers of their public obligation, company policy and enforcement. As of August 1, a notice has been permanently affixed to a taxi window with a complaint phone number for trip refusal. Progressive discipline beginning with a 5 day suspension for trip refusal complaints will be in effect. The Board expects the applicant to monitor its operations closely to ensure that compliance is maintained. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may by in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. MacLure’s Cabs has its infrastructure in place and is an established taxi operator with a history of running a viable taxi service. It has the resources and skills to manage the service it proposes to operate. Page 163 Taxi Decision Passenger Transportation Board 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. The Board is looking at the 4 Vancouver taxi applicants’ applications through a different lens than those of the 17 suburban taxi applicants. The Vancouver taxi applicants are applying for additional vehicles to increase their capacity to meet an unmet public need in their current originating area. The suburban taxi applicants are applying to use excess capacity from their current fleets to meet an unmet public need in a new originating area. It is their responsibility to provide evidence that they have the excess capacity to serve a new originating area while maintaining current (timely) service level in their home jurisdictions. The Vancouver taxi applicants have the responsibility to demonstrate that adding the proposed additional taxis to their fleets will satisfy unmet public need and sound economic conditions. MacLure’s Cabs has applied to add 16 vehicles to its fleet. These vehicles would operate during peak periods and special days as approved by the Board. The applicant provided a set of data that included the number and percentage of its “taxis off shift” and “productivity (trips per taxi per hour) of vehicles on shift” during the time periods measured. The taxis off shift data is considered reliable. However, the productivity of vehicles on shift (trips per taxi per hour) reported was based on dispatched trips only and does not include flag or YVR trips. It is not considered sufficient. The time periods measured were both pre TOP pilot project and during the TOP pilot project when MacLure’s Cabs had 10 additional taxis in service. The applicant averaged 8% of its fleet, 5.9 taxis off shift. A letter dated April 13, 2012 from Digital Dispatch Systems Inc. (DDS) states that “data provided by MacLure’s Cabs is showing a lower percentage of car usage than the actual number of cars that MacLure’s states were on the road on Friday and Saturday evening between May and November 2011.” DDS noted the limitations of its older taxi-track system and that it is not designed to archive flag trips and “car sign on sign Page 164 Taxi Decision Passenger Transportation Board off” information. “The only cars counted are those that handled dispatch trips during a shift.” The Board also considered evidence in the Chow Report and fleet usage data received directly from the 4 Vancouver taxi companies which confirmed the full operation and absorption of the 65 TOP vehicles operated since April 2011. The Board gives further consideration to Dr. Chow’s note that only the computer data from Yellow Cab reflects the total business of the taxi firm. Black Top Cabs and MacLure’s Cabs use a version of Digital Dispatch System (DDS) that only tracks dispatched trips, and not flag or hailed trips. Dr. Chow further states that when examining the downtown core, flag trips represent 88% of Yellow Cab’s overall business during peak periods. The Chow report suggests that the percentage of flagged trips may be even higher for Black Top Cabs and MacLure’s Cabs. The Board finds that it is reasonable to assume that MacLure’s Cabs would also have proportionally high flag volumes during peak period on weekends. The evidence in its entirety convinced the Board that the applicant’s current taxis, including TOPs, are working to capacity during peak periods. The Board is further convinced by the evidence of unmet public need that demand for taxi service during peak periods still exceeds the supply of available taxis. Consequently, the Board approves MacLure’s Cabs (1984) Ltd. request for permanent authority to operate 16 additional taxis in Vancouver during peak periods and special days/events as approved by the Board. The Board finds that approving this application promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved. Terms and conditions are set out in Appendix below. Page 165 Taxi Decision Passenger Transportation Board MacLure’s Cabs (1984) Ltd. Appendix Special Authorization: Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Fleet Size: 81 motor vehicles of which: 65 may operate 24 hours/7days a week. Of these, a maximum of 55 may be conventional taxis. All other vehicles are accessible taxis. 16 only may be operated as “peak period taxis” under service 3. 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: Vehicles can accommodate a driver and not more than 7 passengers. Service Limitation – The licensee must have at least 20 vehicles that do not change their Shift Change shift between 14:30 and 17:30 hours. Service 1: The following terms and conditions apply to Service 1 Originating Area: Transportation of passengers may only originate from any point in the City of Vancouver. Destination Area: Transportation of passengers may terminate at any point in British Columbia. 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 2: The following terms and conditions apply to Service 2 Originating Area: Transportation of passengers may only originate from any point at the Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Page 166 Taxi Decision Passenger Transportation Board Service 3: The following terms and conditions apply to Service 3: Peak Period Weekend Taxis Originating Area: Transportation of passengers may only originate from any point in the City of Vancouver. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Vehicle Each vehicle must have the capital letter “W” placed immediately Identification before all the vehicle numbers that are required by the City of Vancouver’s “Vehicle for Hire” by-law, section 4.1B. This letter “W” must not be less than 12 cm high and must be the same colour as the vehicle numbers. Maximum Operating Vehicles may only be available for hire: Requirement: Starting at 15:00 and ending no later than 06:00 the next day on each Friday and Saturday; Starting at 15:00 on Celebration of Light evenings and ending no later than 06:00 the next day; Starting at 15:00 on October 31st and ending no later than 06:00 the next day; Starting at 15:00 on December 31st and ending no later than 06:00 the next day; and On “Black” and “Red” cruise ship days and other special event days as established by the Board and set out in an annual Rule of the Board. Share Restriction: 1. For a period of five years following the initial activation of any identifiers approved as peak period weekend taxis, any vehicles attached to the identifiers must remain in the care and control of MacLure’s Cabs (1984) Ltd. and in no circumstances can the company issue shares, beneficial or otherwise, with respect to the identifiers or vehicles associated with the identifiers. 2. For a period of four years following the initial activation of any identifiers approved as peak period weekend taxis, MacLure’s Cabs (1984) Ltd. must, at the time of licence renewal, submit a notarized letter confirming that the identifiers and any vehicles associated with the identifiers remain in the control of the company and no shares have been issued with respect to the operation of the vehicles or the identifiers associated with the vehicles. Page 167 Taxi Decision Passenger Transportation Board The following apply to all vehicles in the fleet. Taxi Camera A digital taxi camera that meets board specifications must be installed Equipment: and operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. Eco-Friendly Taxis Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as `eco-friendly taxis' as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. Express (i) Vehicles must be equipped with a meter that calculates fares on a Authorizations: time and distance basis. (ii) Vehicles may be equipped with a top light. (iii) Vehicles may, from within the originating areas only, pick up passengers who hail or flag the motor vehicle from the street. Transfer of a This special authorization may not be assigned or transferred licence: except with the approval of the Board pursuant to section 30 of the Passenger Transportation Act. Page 168 Taxi Decision Passenger Transportation Board Licence Application Decision (Additional Taxis) Application AV09-12 Applicant Black Top Cabs Ltd. Address 777 Pacific Street, Vancouver BC V6Z 2R7 Principals BAL, Kamaldeep DHILLON, Avninder MANGAT, Rupinder PARMAR, Sukhwinder PAUL, Tej SANDHU, Jaswant Decision PT Licence # 70294 Approved – 30 peak period taxis I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Page 169 Taxi Decision Passenger Transportation Board Black Top Cabs Ltd. was incorporated on August 29, 1983 and is currently authorized under Passenger Transportation (PT) licence 70294 to operate 197 vehicles, of which 167 may be conventional taxis. Service currently originates from within the City of Vancouver and it may operate vehicles originating from Vancouver International Airport. During the 5 approved TOP periods beginning in April 2011, Black Top Cabs operated 20 peak period additional taxis in the Downtown Vancouver Entertainment District. This application is to approve 30 permanent peak period taxis. Counsel for the 4 Vancouver taxi companies submitted common material which was the Chow Report and a brief generic business plan. It states that the 4 companies have successfully operated 65 TOP vehicles for over 14 months and are confident that the model works from an operational perspective. If approved, the permanent peak period taxis will be operated in the same manner as the 65 TOP vehicles. Full dispatch will be offered by each taxi company to its additional vehicles. Individual company shareholders will put the vehicles on the road and be responsible for finding drivers. Financial statements, with projections for the proposed service were included. Each company director completed the required disclosure forms. Submissions on the Vancouver taxi applicants raised issues relating to driver working conditions, company business practices and share prices. However, there was no concrete evidence to support the allegations. Labour, employment and safety grievances are not within the jurisdiction of the Passenger Transportation Board. In response to follow-up questions from the Board, counsel for the Vancouver taxi applicants made these comments: Copies of each company’s National Safety Code audit and ratings indicate. “Satisfactory – Unaudited.” A breakdown of employees versus lease drivers shows that the majority of drivers are lease drivers, with the exception of Yellow Cab. To the knowledge of current management, none of the 4 companies has been found guilty of a violation of the Employment Standard’s Act. Page 170 Taxi Decision Passenger Transportation Board The 4 Vancouver taxi companies have engaged a mediator/facilitator in labour relations to assist them in appropriately and fairly dealing with matters raised by drivers. Heenan Blaikie has been retained to draft a set of recruitment and contractual documents to be used by all 4 companies on a “go forward” basis. No sanctions have been imposed by the 4 Vancouver companies on any drivers who made submissions on the 4 Vancouver taxi applications. One driver, who was listed in the PCCT submission, was disciplined for a trip refusal. Documentation was provided. The Vancouver taxi applicants retain a monitor for the entertainment district who acts as a ground liaison with the VPD and monitors taxi availability. The Board took into consideration that the Vancouver taxi applicants collectively received 13 administrative penalties, 3 of which were for operating outside their area and 3 for trip refusals between April 2010 and April 2012. However, in referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative penalty record would not, in and of itself, be a barrier to an application approval. When the Vancouver taxi applicants received the interim tabulations, as stated in the Chow Report, indicating a 21% taxi refusal rate, members acted immediately to remind their drivers of their public obligation, company policy and enforcement. As of August 1, a notice has been permanently affixed to a taxi window with a complaint phone number for trip refusal. Progressive discipline beginning with a 5 day suspension for trip refusal complaints will be in effect. The Board expects the applicant to monitor its operations closely to ensure that compliance is maintained. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may by in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Black Top Cabs has its infrastructure in place and is an established taxi operator with a history of running a viable taxi service. It has the resources and skills to manage the service it proposes to operate. The applicant has satisfied the requirements of this consideration. Page 171 Taxi Decision Passenger Transportation Board (c) Would the application, if granted, promote sound economic conditions in the passenger transportation business in British Columbia? The Board looks at how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. The Board is looking at the 4 Vancouver taxi applicants’ applications through a different lens than those of the 17 suburban taxi applicants. The Vancouver taxi applicants are applying for additional vehicles to increase their capacity to meet an unmet public need in their current originating area. The suburban taxi applicants are applying to use excess capacity from their current fleets to meet an unmet public need in a new originating area. It is their responsibility to provide evidence that they have the excess capacity to serve a new originating area while maintaining current (timely) service level in their home jurisdictions. The Vancouver taxi applicants have the responsibility to demonstrate that adding the proposed additional taxis to their fleets will satisfy unmet public need and sound economic conditions. Black Top Cabs Ltd. has applied to add 30 vehicles to its fleet. These vehicles would operate during peak periods and special days as approved by the Board. The applicant provided a set of data that included the number and percentage of its “taxis off shift” and “productivity (trips per taxi per hour) of vehicles on shift” during the time periods measured. The taxis off shift data is considered reliable. However, the productivity of vehicles on shift (trips per taxi per hour) reported was based on dispatched trips only and does not include flag or YVR trips. It is not considered sufficient. The time periods measured were both pre TOP pilot project and during the TOP pilot project when Black Top Cabs had 20 additional taxis in service. The applicant averaged less than 1% of its fleet, 1 taxi off shift. The data was further supported by fleet usage evidence in the Chow Report and fleet usage data received directly from the 4 Vancouver taxi companies which confirmed the full operation and absorption of the 65 TOP vehicles operated since April 2011. The Board gives consideration to Dr. Chow’s note that only the computer data from Yellow Cab reflects the total business of the taxi firm. Black Top Cabs and MacLure’s Cabs use a Page 172 Taxi Decision Passenger Transportation Board version of Digital Dispatch System (DDS) that only tracks dispatched trips and not flag or hailed trips. Dr. Chow further notes that when examining the downtown core, flag trips represent 88% of Yellow Cab’s overall business. The Chow report suggests that the percentage of flagged trips may be even higher for Black Top Cabs and MacLure’s Cabs. The Board finds that it is reasonable to assume that Black Top Cabs would also have proportionally high flag volumes during peak period on weekends. The evidence in its entirety convinced the Board that the applicant’s current taxis, including TOP vehicles, are working to capacity during peak periods. The Board further finds that demand for taxi service in Vancouver during peak periods still exceeds the supply of available taxis. The Board approves Black Top Cab Ltd.’s request for permanent authority to operate 30 additional taxis in Vancouver during peak periods and special days/events as approved by the Board. The Board finds that approving this application promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved. Terms and conditions of licence are set out in Appendix below. Page 173 Taxi Decision Passenger Transportation Board Black Top Cabs Ltd. Appendix Special Authorization: Passenger Directed Vehicle (PDV) Terms & Conditions: Maximum Fleet Size: 227 motor vehicles of which: 197 vehicles may operate 24 hours/7days a week. Of these, a maximum of 167 may be conventional taxis. All other vehicles are accessible taxis 18 vehicles only may be operated under Service 2 & 3 30 vehicles only may be operated as “peak period taxis” under service 5 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: Vehicles can accommodate a driver and not more than 7 passengers. Service Limitation – The licensee must have at least 30 vehicles that do not change their shift Shift Change between 14:30 and 17:30 hours. Service 1: The following terms and conditions apply to Service 1 Originating Area: Transportation of passengers may only originate from any point in the City of Vancouver. Destination Area: Transportation of passengers may terminate at any point in British Columbia. 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 2: The following terms and conditions apply to Service 2 Originating Area: Transportation of passengers may only originate from any point at the Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Service 3: The following terms and conditions apply to Service 3 Originating Area: Transportation of passengers may only originate from any point in the City Page 174 Taxi Decision Passenger Transportation Board of Vancouver or the Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point beyond the British Columbia/United States border when engaged in an extraprovincial undertaking. Service 4: The following terms and conditions apply to Service 4 Originating Area: Transportation of passengers may only originate from any point at the Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point in the City of Vancouver. Reverse Trips: Transportation of passengers may only originate in the destination area if the transportation terminates in the originating area. Service Limitation: Service may be provided only to persons employed or engaged by Air Canada and only as long as a current written contract exists between the licence holder and Air Canada or its broker or agent. Service 5: The following terms and conditions apply to Service 5: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from any point in the City of Vancouver Destination Area: Transportation of passengers may terminate at any point in British Columbia. Vehicle Each vehicle must have the capital letter “W” placed immediately Identification before all the vehicle numbers that are required by the City of Vancouver’s “Vehicle for Hire” by-law, section 4.1B. This letter “W” must not be less than 12 cm high and must be the same colour as the vehicle numbers. Maximum Operating Vehicles may only be available for hire: Requirement: Starting at 15:00 and ending no later than 06:00 the next day on each Friday and Saturday; Page 175 Starting at 15:00 on Celebration of Light evenings and ending no later than 06:00 the next day; Starting at 15:00 on October 31st and ending no later than 06:00 the next day; Starting at 15:00 on December 31st and ending no later than 06:00 the next day; and On “Black” and “Red” cruise ship days and other special event days as established by the Board and set out in an annual Rule of the Board. Taxi Decision Passenger Transportation Board Share Restriction: 1. For a period of five years following the initial activation of any identifiers approved as peak period weekend taxis, any vehicles attached to the identifiers must remain in the care and control of Black Top Cabs Ltd. and in no circumstances can the company issue shares, beneficial or otherwise, with respect to the identifiers or vehicles associated with the identifiers. 2. For a period of four years following the initial activation of any identifiers approved as peak period weekend taxis, Black Top Cabs Ltd. must, at the time of licence renewal, submit a notarized letter confirming that the identifiers and any vehicles associated with the identifiers remain in the control of the company and no shares have been issued with respect to the operation of the vehicles or the identifiers associated with the vehicles. The following apply to all vehicles in the fleet. Taxi Camera A digital taxi camera that meets board specifications must be installed and Equipment: operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. Eco-Friendly Taxis Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as `eco-friendly taxis' as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. Express (i) Vehicles must be equipped with a meter that calculates fares on a Authorizations: time and distance basis. (ii) Vehicles may be equipped with a top light. (iii) Vehicles may, from within the originating areas only, pick up passengers who hail or flag the motor vehicle from the street. Transfer of a This special authorization may not be assigned or transferred except licence: with the approval of the Board pursuant to section 30 of the Passenger Transportation Act. Page 176 Taxi Decision Passenger Transportation Board Licence Application Decision (Additional Taxis) Application AV10-12 Applicant Vancouver Taxi Ltd. PT Licence # Address 790 Clark Drive, Vancouver, BC V5L 3J2 Principals ABDOLLAHI, Abolghasem MANN, Jasbir Singh CHEEMA, Sahajpal S. NAHAL, Kashmir S. JUDGE, Harparkash S. RANA, Balbir S. MANGAT, Bharpur Singh RANDHAWA, Iqbal S. 70538 SANDHU, Gurbux S. Decision Approved – 17 peak period taxis I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 177 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Vancouver Taxi Ltd. was incorporated on July 10, 1979 and is currently authorized under Passenger Transportation (PT) licence 70538 to operate 47 vehicles of which 41 may be conventional taxis. The company is also authorized under PT licence 70546 to operate an additional 30 vehicles, all of which must be accessible taxis. Service currently originates from within the City of Vancouver and it may operate vehicles originating from Vancouver International Airport. During the 5 approved TOP periods beginning in April 2011, Vancouver Taxi Ltd. operated 11 peak period additional taxis in the Downtown Vancouver Entertainment District. This application is to approve 17 permanent peak period taxis to be added to PT licence 70538. Counsel for the 4 Vancouver taxi companies submitted common material which was the Chow Report and a brief generic business plan. It states that the 4 companies have successfully operated 65 TOP vehicles for over 14 months and are confident that the model works from an operational perspective. If approved, the permanent peak period taxis will be operated in the same manner as the 65 TOP vehicles. Full dispatch will be offered by each taxi company to its additional vehicles. Individual company shareholders will put the vehicles on the road and be responsible for finding drivers. Financial statements, with projections for the proposed service were included. Each company director completed the required disclosure forms. Submissions on the Vancouver taxi applicants raised issues relating to driver working conditions, company business practices and share prices. However, there was no concrete evidence to support the allegations. Labour, employment and safety grievances are not within the jurisdiction of the PT Board. In response to follow-up questions from the Board, counsel for the Vancouver taxi applicants made these comments: Copies of each company’s National Safety Code audit and ratings indicate “Satisfactory – Unaudited.” Page 178 Taxi Decision Passenger Transportation Board A breakdown of employees versus lease drivers shows that the majority of drivers are lease drivers, with the exception of Yellow Cab. To the knowledge of current management, none of the 4 companies has been found guilty of a violation of the Employment Standard’s Act. The 4 Vancouver taxi companies have engaged a mediator/facilitator in labour relations to assist them in appropriately and fairly dealing with matters raised by drivers. Heenan Blaikie has been retained to draft a set of recruitment and contractual documents to be used by all 4 companies on a “go forward” basis. No sanctions have been imposed by the 4 Vancouver companies on any drivers who made submissions on the 4 Vancouver taxi applications. One driver, who was listed in the PCCT submission, was disciplined for a trip refusal. Documentation was provided. The Vancouver taxi applicants retain a monitor for the entertainment district who acts as a ground liaison with the VPD and monitors taxi availability. The Board took into consideration that the Vancouver taxi applicants collectively received 13 administrative penalties, 3 of which were for operating outside their area and 3 for trip refusals between April 2010 and April 2012. However, in referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative penalty record would not, in and of itself, be a barrier to an application approval. When the Vancouver taxi applicants received the interim tabulations, as stated in the Chow Report, indicating a 21% taxi refusal rate, members acted immediately to remind their drivers of their public obligation, company policy and enforcement. As of August 1, a notice has been permanently affixed to a taxi window with a complaint phone number for trip refusal. Progressive discipline beginning with a 5 day suspension for trip refusal complaints will be in effect. The Board expects the applicant to monitor its operations closely to ensure that compliance is maintained. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may by in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Vancouver Taxi Ltd. has its infrastructure in place and is an Page 179 Taxi Decision Passenger Transportation Board established taxi operator with a history of running a viable taxi service. It has the resources and skills to manage the service it proposes to operate. 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. The Board is looking at the 4 Vancouver taxi applicants’ applications through a different lens than those of the 17 suburban taxi applicants. The Vancouver taxi applicants are applying for additional vehicles to increase their capacity to meet an unmet public need in their current originating area. The suburban taxi applicants are applying to use excess capacity from their current fleets to meet an unmet public need in a new originating area. It is their responsibility to provide evidence that they have the excess capacity to serve a new originating area while maintaining current (timely) service level in their home jurisdictions. The Vancouver taxi applicants have the responsibility to demonstrate that adding the proposed additional taxis to their fleets will satisfy unmet public need and sound economic conditions. Vancouver Taxi Ltd. has applied to add 17 vehicles to its fleet. These vehicles would operate during peak periods and special days as approved by the Board. Vancouver Taxi has a corporately related company, Vancouver Taxi Ltd. dba Handicapped Cab. These companies share common dispatch and collectively operate 77 vehicles. Vancouver Taxi did not provide data in the spreadsheet format as requested by the Board on April 3, 2012. A letter dated April 13, 2012, from Digital Dispatch Systems Inc. (DDS) states that the data requested by the Board “is not available” because “the data archive has not been done by Vancouver Taxi in a regularly scheduled fashion.” However, on June 7, 2012, Vancouver Taxi had provided the Board with a report on the number of its vehicles in service and out of service for weekend peak period shifts from May to November 2011. This report was for a total of 88 vehicles. The report data is Page 180 Taxi Decision Passenger Transportation Board considered reliable and shows that for the time period in question, Vancouver Taxi was operating near full capacity (averaging 99% of vehicles on shift). Vancouver taxi was one of the 4 Vancouver taxi companies that was approved for the TOPs associated with the pilot project resulting in the Chow Report. Although it did not provide dispatch data to the study by Dr. Chow, Vancouver Taxi’s operations were captured in Dr. Chow’s taxi patron survey and the taxi screen line count data. Further, evidence in the Chow Report in combination with fleet usage data received directly from the 4 Vancouver taxi companies confirm the full operation and absorption of the 65 TOP vehicles operated since April 29, 2011. The Board gives further consideration to Dr. Chow’s note that only the computer data from Yellow Cab reflects the total business of the taxi firm. Black Top Cabs and MacLure’s Cabs use a version of Digital Dispatch System (DDS) that only tracks dispatched trips, and not flag or hailed trips. Dr. Chow further states that when examining the downtown core, flag trips represent 88% of Yellow Cab’s overall business during peak periods. The Chow report suggests that the percentage of flagged trips may be even higher for Black Top Cabs and MacLure’s Cabs. The Board finds that it is reasonable to assume that Vancouver Taxi would also have proportionally high flag volumes during peak period on weekends. Given the totality of the evidence, including the Chow Report, the involvement of Vancouver Taxi as a TOP licensee during the period of the Chow study, and the fleet utilization report provided by Vancouver Taxi, the Board is satisfied that Vancouver Taxi was operating at or near capacity during the TOP period. Furthermore, the other 3 Vancouver taxi applicants support the application of Vancouver Taxi Ltd. The evidence in its entirety convinced the Board, that the applicant’s current taxis including TOPs are working to capacity during peak periods. The Board is further convinced by the evidence of unmet public need that demand for taxi service during peak periods still exceeds the supply of available taxis. The Board approves Vancouver Taxi Ltd.’s request for permanent authority to operate 17 additional taxis in Vancouver during peak periods and special days/events as approved by the Board. Page 181 Taxi Decision Passenger Transportation Board The Board finds that approving this application promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved. Terms and conditions are set out below in Appendix. Page 182 Taxi Decision Passenger Transportation Board Vancouver Taxi Ltd. Appendix Special Authorization: Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Maximum Fleet Size: 64 motor vehicles of which: 47 may operate 24 hours/7days a week. Of these, a maximum of 41 may be conventional taxis. All other vehicles are accessible taxis. 17 only may be operated as “peak period taxis” under service 3. Vehicle Capacity: Vehicles can accommodate a driver and not more than 7 passengers. 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. Service Limitation – The licensee must have at least 20 vehicles that do not change their shift Shift Change between 14:30 and 17:30 hours. Service 1: The following terms and conditions apply to Service 1: Originating Area: Transportation of passengers may only originate from any point in the City of Vancouver or Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point in British Columbia. 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 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 Vancouver or 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. Page 183 Taxi Decision Passenger Transportation Board Service 3: The following terms and conditions apply to Service 3: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from any point in the City of Vancouver. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Vehicle Each vehicle must have the capital letter “W” placed immediately Identification before all the vehicle numbers that are required by the City of Vancouver’s “Vehicle for Hire” by-law, section 4.1B. This letter “W” must not be less than 12 cm high and must be the same colour as the vehicle numbers. Maximum Operating Vehicles may only be available for hire: Requirement: Starting at 15:00 and ending no later than 06:00 the next day on each Friday and Saturday; Starting at 15:00 on Celebration of Light evenings and ending no later than 06:00 the next day; Starting at 15:00 on October 31st and ending no later than 06:00 the next day; Starting at 15:00 on December 31st and ending no later than 06:00 the next day; and On “Black” and “Red” cruise ship days and other special event days as established by the Board and set out in an annual Rule of the Board. Share Restriction: 1. For a period of five years following the initial activation of any identifiers approved as peak period weekend taxis, any vehicles attached to the identifiers must remain in the care and control of Vancouver Taxi Ltd. and in no circumstances can the company issue shares, beneficial or otherwise, with respect to the identifiers or vehicles associated with the identifiers. 2. For a period of four years following the initial activation of any identifiers approved as peak period weekend taxis, Vancouver Taxi Ltd. must, at the time of licence renewal, submit a notarized letter confirming that the identifiers and any vehicles associated with the identifiers remain in the control of the company and no shares have been issued with respect to the operation of the vehicles or the identifiers associated with the vehicles. The following apply to all vehicles in the fleet. Taxi Camera A digital taxi camera that meets board specifications must be installed and Equipment: operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. Page 184 Taxi Decision Passenger Transportation Board b) The Taxi 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 Taxi Bill of Rights. Eco-Friendly Taxis Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as `eco-friendly taxis' as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. Express (i) Vehicles must be equipped with a meter that calculates fares on a Authorizations: time and distance basis. (ii) Vehicles may be equipped with a top light. (iii) Vehicles may, from within the originating areas only, pick up passengers who hail or flag the motor vehicle from the street. Transfer of a This special authorization may not be assigned or transferred except licence: with the approval of the Board pursuant to section 30 of the Passenger Transportation Act. Page 185 Taxi Decision Passenger Transportation Board Licence Application Decision (Additional Taxis) Application AV08-12 Applicant Yellow Cab Company Ltd. Address 1441 Clark Drive, Vancouver BC V5L 3K9 Principals BASRAN, Satinder GREWAL, Harpreet JASWAL, Satnam SAHOTA, Kulwant PT Licence # 70277 SEKHON, Satvinder Decision Approved – 36 peak period taxis I. Reasons for the Board’s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? In the “Analysis and Findings Common to All Applications” the Board concluded that the cumulative evidence from all the applicants demonstrates a need for 137 permanent peak period taxis to serve the Downtown Vancouver Entertainment District on weekends. (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 Board reviews the conduct of an applicant and the structure of the existing or proposed operations. Does the applicant seem to understand passenger transportation laws and policies? Is the business set up to follow these laws? Is there something in the applicant’s background that shows it disregards the law? Page 186 Taxi Decision Passenger Transportation Board Applicants must show that they have the resources and skills to manage the service they want to operate. The Board gets much of this information from business plans and financial statements. Yellow Cab Company Ltd. was incorporated on March 19, 1962 and is currently authorized under Passenger Transportation (PT) licence 70277 to operate 249 vehicles of which 212 may be conventional taxis. Service currently originates from within the City of Vancouver and it may operate vehicles originating from Vancouver International Airport. During the 5 approved TOP periods beginning in April 2011, Yellow Cab operated 24 peak period additional taxis in the Downtown Vancouver Entertainment District. This application is to approve 36 permanent peak period taxis. Counsel for the 4 Vancouver taxi companies submitted common material which was the Chow Report and a brief generic business plan. It states that the 4 companies have successfully operated 65 TOP vehicles for over 14 months and are confident that the model works from an operational perspective. If approved, the permanent peak period taxis will be operated in the same manner as the 65 TOP vehicles. Full dispatch will be offered by each taxi company to its additional vehicles. Individual company shareholders will put the vehicles on the road and be responsible for finding drivers. Financial statements, with projections for the proposed service were included. Each company director completed the required disclosure forms. Submissions on the Vancouver taxi applicants raised issues relating to driver working conditions, company business practices and share prices. However, there was no concrete evidence to support the allegations. Labour, employment and safety grievances are not within the jurisdiction of the Passenger Transportation Board. In response to follow-up questions from the Board, counsel for the Vancouver taxi applicants made these comments: Copies of each company’s National Safety Code audit and ratings indicate “Satisfactory – Unaudited.” Page 187 Taxi Decision Passenger Transportation Board A breakdown of employees versus lease drivers shows that the majority of drivers are lease drivers, with the exception of Yellow Cab. To the knowledge of current management, none of the 4 companies has been found guilty of a violation of the Employment Standard’s Act. The 4 Vancouver taxi companies have engaged a mediator/facilitator in labour relations to assist them in appropriately and fairly dealing with matters raised by drivers. Heenan Blaikie has been retained to draft a set of recruitment and contractual documents to be used by all 4 companies on a “go forward” basis. No sanctions have been imposed by the 4 Vancouver companies on any drivers who made submissions on the 4 Vancouver taxi applications. One driver, who was listed in the PCCT submission, was disciplined for a trip refusal. Documentation was provided. The Vancouver taxi applicants retain a monitor for the entertainment district who acts as a ground liaison with the VPD and monitors taxi availability. The Board took into consideration that the Vancouver taxi applicants collectively received 13 administrative penalties, 3 of which were for operating outside their area and 3 for trip refusals between April 2010 and April 2012. However, in referring back to the common findings and the unique circumstances of these applications, the Board has determined that an applicant’s administrative penalty record would not, in and of itself, be a barrier to an application approval. When the Vancouver taxi applicants received the interim tabulations, as stated in the Chow Report, indicating a 21% taxi refusal rate, members acted immediately to remind their drivers of their public obligation, company policy and enforcement. As of August 1, a notice has been permanently affixed to a taxi window with a complaint phone number for trip refusal. Progressive discipline beginning with a 5 day suspension for trip refusal complaints will be in effect. The Board expects the applicant to monitor its operations closely to ensure that compliance is maintained. The Board advises the applicant that the Board may at any time initiate a “fitness review” when a licensee’s fitness may by in question. The applicant has previously been deemed fit, proper and capable in order to obtain and maintain its licence. Yellow Cab has its infrastructure in place and is an established taxi Page 188 Taxi Decision Passenger Transportation Board operator with a history of running a viable taxi service. It has the resources and skills to manage the service it proposes to operate. 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 how additional taxis could affect service in an area. An application will not be refused just because other taxi companies have a licence. The overall health and quality of taxi services in an area is more important than the interests of one taxi company. The Board is looking at the 4 Vancouver taxi applicants’ applications through a different lens than those of the 17 suburban taxi applicants. The Vancouver taxi applicants are applying for additional vehicles to increase their capacity to meet an unmet public need in their current originating area. The suburban taxi applicants are applying to use excess capacity from their current fleets to meet an unmet public need in a new originating area. It is their responsibility to provide evidence that they have the excess capacity to serve a new originating area while maintaining current (timely) service level in their home jurisdictions. The Vancouver taxi applicants have the responsibility to demonstrate that adding the proposed additional taxis to their fleets will satisfy unmet public need and sound economic conditions. Yellow Cab Co. Ltd. has applied to add 36 vehicles to its fleet. These vehicles would operate during peak periods and special days as approved by the Board. Its application is based on its need for additional taxis, to meet an identified unmet public need during peak periods in its current originating area. The applicant provided a set of data that included the number and percentage of its “taxis off shift” and “productivity (trips per taxi per hour) of vehicles on shift” during the time periods measured. The data is considered reliable. The time periods measured were both pre TOP pilot project and during the TOP pilot project when Yellow Cab had 24 additional taxis in service. The applicant averaged less than 1% of its fleet, 0.3 taxis off shift and a high productivity level of its vehicles on shift. The data was further supported by fleet usage evidence in the Chow Report and fleet usage data received directly from the 4 Vancouver Page 189 Taxi Decision Passenger Transportation Board taxi companies which confirmed the full operation and absorption of the 65 TOP vehicles operated since April 2011. The evidence in its entirety convinced the Board, that the applicant’s current taxis including TOPs are working to capacity during peak periods. The Board is further convinced by the evidence of unmet public need that demand for taxi service during peak periods still exceeds the supply of available taxis. The Board approves Yellow Cab Co. Ltd. request for permanent authority to operate 36 additional taxis in Vancouver during peak periods and special days/events as approved by the Board. The Board finds that approving this application promotes sound economic conditions in the passenger transportation business in the Greater Vancouver Regional District. Conclusion This application is approved. Terms and conditions of licence are set out in Appendix below. Page 190 Taxi Decision Passenger Transportation Board Yellow Cab Company Ltd. Appendix Special Authorization Passenger Directed Vehicle (PDV) Terms & Conditions: Vehicles: Fleet Size: 285 motor vehicles of which: 249 may operate 24 hours/7days a week. Of these, a maximum of 212 may be conventional taxis. All other vehicles are accessible taxis. 36 only may be operated as “peak period taxis” under service 3. 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: Vehicles can accommodate a driver and not more than 7 passengers. Service Limitation – The licensee must have at least 37 vehicles that do not change their Shift Change shift between 14:30 and 17:30 hours. Service 1: The following terms and conditions apply to Service 1: Originating Area: Transportation of passengers may only originate from any point in the City of Vancouver. 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 2: The following terms and conditions apply to Service 2: Originating Area: Transportation of passengers may only originate from any point at the Vancouver International Airport. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Page 191 Taxi Decision Passenger Transportation Board Service 3: The following terms and conditions apply to Service 3: Peak Period Weekend Taxis Originating Area: Transportation of passengers may originate from any point in the City of Vancouver. Destination Area: Transportation of passengers may terminate at any point in British Columbia. Vehicle Identification Each vehicle must have the capital letter “W” placed immediately before all the vehicle numbers that are required by the City of Vancouver’s “Vehicle for Hire” by-law, section 4.1B. This letter “W” must not be less than 12 cm high and must be the same colour as the vehicle numbers. Maximum Operating Vehicles may only be available for hire: Requirement: Starting at 15:00 and ending no later than 06:00 the next day on each Friday and Saturday; Starting at 15:00 on Celebration of Light evenings and ending no later than 06:00 the next day; Starting at 15:00 on October 31st and ending no later than 06:00 the next day; Starting at 15:00 on December 31st and ending no later than 06:00 the next day; and On “Black” and “Red” cruise ship days and other special event days as established by the Board and set out in an annual Rule of the Board. Share Restriction: 1. For a period of five years following the initial activation of any identifiers approved as peak period weekend taxis, any vehicles attached to the identifiers must remain in the care and control of Yellow Cab Company Ltd. and in no circumstances can the company issue shares, beneficial or otherwise, with respect to the identifiers or vehicles associated with the identifiers. 2. For a period of four years following the initial activation of any identifiers approved as peak period weekend taxis, Yellow Cab Company Ltd. must, at the time of licence renewal, submit a notarized letter confirming that the identifiers and any vehicles associated with the identifiers remain in the control of the company and no shares have been issued with respect to the operation of the vehicles or the identifiers associated with the vehicles. The following apply to all vehicles in the fleet. Taxi Camera A digital taxi camera that meets board specifications must be installed Equipment: and operated in each of the licence holder’s vehicles in accordance with applicable rules and orders of the Passenger Transportation Board. Page 192 Taxi Decision Passenger Transportation Board Taxi Bill of Rights: a) A Taxi Bill of Rights issued by the Ministry of Transportation (“Taxi Bill of Rights”) must be affixed to an interior rear-seat, side window of each taxicab operated under the licence. b) The Taxi 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 Taxi Bill of Rights. Eco-Friendly Taxis Any additional conventional taxis approved for this licence on or after June 11, 2007 and for which a passenger transportation identifier is issued, must be operated as `eco-friendly taxis' as defined by Board Policy Guidelines in effect at the time the vehicle is issued a passenger transportation identifier. Express (i) Vehicles must be equipped with a meter that calculates fares on a Authorizations: time and distance basis. (ii) Vehicles may be equipped with a top light. (iii) Vehicles may, from within the originating areas only, pick up passengers who hail or flag the motor vehicle from the street. 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 193 Taxi Decision Passenger Transportation Board
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