Streamlined Application Decision Perimeter Seating Bus Additional Vehicles

Transcription

1 Streamlined Application Decision Perimeter Seating Bus Additional Vehicles Application # AV126/15 PSB Applicant Sun Valley Limousine Ltd. Principals Address Current Licence Application Summary Date Published in PSB Application Bulletin Submitters (and representatives) Board Decision HIEBERT, Mike 2432 Longhill Road, Kelowna BC V1V 2G3 Passenger Transportation Licence #71309: General & Special Authorizations Add 2 perimeter seating buses (PSBs) to the applicant s limousine service in the Central Okanagan Regional District and Highway 33 corridor from Beaverdell to Kelowna. Rates The Board is setting the minimum and maximum hourly rates and rules governing PSBs. April 20, 2015 none The special authorization is approved. Terms and conditions of licence are as set out in the decision. Rates are as set out in this decision. Decision Date April 28, 2015 Panel Chair Dennis J. Day 1. Introduction On February 26, 2015, the provincial government amended the definition of passenger directed vehicle to include vehicles with primarily perimeter seating regardless of seating capacity. This amendment brings stretch SUVs and limo buses into the Special Page 1 Application Decision Passenger Transportation Board

2 Authorization (SA) licence category. We refer to vehicles with perimeter seating that have a seating capacity of 12 or more passengers as perimeter seating buses (PSBs). Current operators licensed under the General Authorization (GA) category and using perimeter seating buses must have a Special Authorization licence by May 1, 2015 or they cannot operate the vehicles. The Board has developed a streamlined application process to facilitate the transition from a GA licence to an SA licence for PSBs. The applicant is applying under this streamlined application process to add PSBs to its SA licence. 2. Background The applicant began operating PSBs under a General Authorization licence in Between March 1, 2013 and March 1, 2015, the applicant operated a maximum of 2 perimeter seating buses. The applicant operates PSBs primarily in the Central Okanagan Regional District and the Highway 33 corridor from Beaverdell to Kelowna. The applicant submitted a streamlined application package with completed forms, resumes of principals and income statements. 3. Relevant Legislation Division 3 of the Passenger Transportation Act (the Act ) applies to this application. The Act requires the Registrar of Passenger Transportation to forward applications for Special Authorization licences to the Passenger Transportation Board (Board). Section 28(1) of the Act says that the Board may approve the application, if the Board considers that: a) there is a public need for the service the applicant proposed to provide under any special authorization. Page 2 Application Decision Passenger Transportation Board

3 b) the applicant is a fit and proper person to provide that service and is capable of providing that service, and c) the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia. I will consider each of these points in making my decision. 4. Submissions and Applicant s Response No submissions were received. 5. Reasons for the Board s Decision (a) Is there a public need for the service that the applicant proposes to provide under special authorization? The applicant reports that from January 2013 to March 2015, it has operated up to 2 vehicles at one time. Trip information from the applicant shows that PSB trips in 2014 were slightly lower than trips in The applicant also states that he has contracts with certain local businesses to provide service to them in the area exclusively. Based on the information provided, I find that there is a public need for the service that the applicant proposes to provide under this special authorization. (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? Page 3 Application Decision Passenger Transportation Board

4 The applicant s National Safety Code rating is Satisfactory-Unaudited. The condensed operating plan outlined management and staffing structure, driver hiring/training and fleet maintenance procedures. I note that the information received from the Registrar indicates that there are no complaints against the applicant. The financial statements for the years ending 2012 and 2013 are for the entire business, including both the SA vehicles and the PSBs operated under GA licensing. They indicate a slight improvement in revenue year-over-year. The required disclosure forms were completed and indicate no discrepancies. The applicant signed the Liquor Control & Licensing Act Declaration declaring, among other things, that it will operate its vehicles in accordance with that Act. Based on the information before me, I find that the applicant is a fit and proper person to provide the service that is the subject of this application, and is capable of providing that service. (c) Would the application, if granted, promote sound economic conditions in the passenger transportation business in British Columbia? The regulatory amendments require that all limousine operators using perimeter seating buses have a Special Authorization licence. This creates rate fairness and contributes to operational stability for the limousine sector. The applicant has been operating under a GA licence. There is a market for the vehicles the applicant is using. For these reasons, I find that the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia. 6. Conclusion For the reasons above, this application is approved. Page 4 Application Decision Passenger Transportation Board

5 I establish the terms and conditions of licence that are attached to this decision as Appendix I. Note: The application summary included, erroneously, a taxi bill of rights clause. I have deleted that clause from the terms and conditions of licence established in Appendix I. 7. Rates I approve the rates as set out in Appendix II. Page 5 Application Decision Passenger Transportation Board

6 Sun Valley Limousine Ltd. Appendix I SA Licence Required to Operate Perimeter Seating Buses After May 1, 2015, Sun Valley Limousine Ltd. may only operate perimeter seating buses if the Registrar of Passenger Transportation has issued Sun Valley Limousine Ltd. a Special Authorization licence. Approval of application may expire The applicant must activate all approved PSB vehicles within 3 months of the date of this decision. Any vehicles that have not been activated within 3 months of the date of this decision are no longer approved. This may result in a reduction of fleet size or, if only one vehicle is approved under a Special Authorization, expiry of the Board s approval of the Special Authorization. The Passenger Transportation Board may vary the requirements set out in 1 above, if circumstances warrant it. If an applicant needs more time to activate its vehicles, then the applicant must make a request to the Board before the end of the 3 month activation period. (Note: activate means that the applicant has submitted the documents required to obtain a Special Authorization Vehicle Identifier to the Registrar of Passenger Transportation.) Special Authorization Maximum Fleet Size: Vehicle Capacity (PSB): Vehicle Capacity: Vehicle Capacity (SL): Vehicle Capacity (LV): 9 vehicles, of which: Terms & Conditions 1 must be a stretch SUV limousine 2 may be sedan limousines 2 may only be PSBs A driver and 12 passengers or more. A driver and not less than 3 and not more than 11 passengers Any vehicle that can accommodate a driver and not less than 3 and not more than 5 passengers must be a sedan limousine. A stretch SUV limousine can accommodate a driver and not less than 10 and not more than 11 passengers Page 6 Application Decision Passenger Transportation Board

7 Specialty Vehicles: Originating Area: Service 1: Destination Area: Return Trips: Transfer of a licence: Liquor Control & Licensing Act Sedan vehicles may only be operated if the vehicles are sedan limousines, including eco-friendly sedan limousines, as defined by Board policies or rules in effect at the time a special authorization vehicle identifier is issued by the Registrar of Transportation Board for the vehicle. Transportation of passengers may only originate from points: Central Okanagan Regional District (CORD) Highway 33 corridor from Beaverdell to Kelowna Transportation of passengers may terminate at any point in British Columbia and beyond the British Columbia border when engaged in an extra-provincial undertaking. The same passengers may be returned from where their return trip terminates in the destination area to any point within the originating area when the return trip is arranged by the time the originating trip terminates. The following apply to all vehicles in the fleet. 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. The licensee must at all times operate its passenger directed vehicles in compliance with the Liquor Control & Licensing Act. Page 7 Application Decision Passenger Transportation Board

8 Sun Valley Limousine Ltd. Appendix II Rates: PSBs that can carry up to 16 passengers, plus driver: Minimum: $150 per hour Maximum: $240 per hour PSBs that can carry 17 or more passengers, plus driver: Minimum: $175 per hour Maximum: unlimited Discounts of up to 15% may be offered on the rates set out above. These rates and rules take effect May 1, Transition: The licensee may give effect to a different hourly rate to those set out in rule referred to above until September 30, 2015 as long as: The rate or rule is part of a written agreement or contract, dated before March 1, 2015 between a licensee and a passenger, or on behalf of passenger, for use of a perimeter seating bus, and The licensee can produce a record showing the date that the agreement or contract was made. Page 8 Application Decision Passenger Transportation Board