DECISION AND ORDER 2018 NSUARB 21 M08500 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT. -and-

Transcription

1 DECISION AND ORDER 2018 NSUARB 21 M08500 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT IN THE MATTER OF THE MOTOR VEHICLE TRANSPORT ACT -and- -and- IN THE MATTER OF THE APPLICATION of COACH ATLANTIC TRANSPORTATION GROUP to amend Motor Carrier License No. P02752 and Extra-Provincial Operating License No. XP02345 BEFOREj Roland A. Deveau, Q.C., Vice Chair DECISION AND ORDER WHEREAS COACH ATLANTIC TRANSPORTATION GROUP of Dieppe, New Brunswick (Applicant), made an Application to the Nova Scotia Utility and Review Board (Board) requesting to amend its Motor Carrier License No. P02752 and Extra Provincial Operating License No. XP02345 (Licenses) by removing Rates and replacing it with the new Rates attached hereto as Appendix A; AND WHEREAS after the Application was received by the Clerk of the Board on January 22, 2018, under the Board s direction, the Notice of Amendment Application was published in the Royal Gazette on January 31, 2018, posted on the Board s website and forwarded to local carriers by , fax or letter;

2 -2- AND WHEREAS the Applicant stated the reasons for the Application included: To meet increased operating costs. AND WHEREAS no written objections to the granting of the Amendment Application were received by the Board by the stated deadline of February 7, 2018; AND WHEREAS the Board considered the Amendment Application and filed information by way of a paper hearing on February 8, 2018; IT IS ORDERED THAT the Amendment Application is granted, and the License be amended as follows: 1. SCHEDULED Remove the current Rates and replace with the new Rates attached hereto as Appendix A. DATED at Halifax, Nova Scotia this 20th day of February Clerk of the Board

3 Page 1 of 3 RATES, TOLLS AND CHARGES: Vehicle Hourly Min 4 Daily 10 hrs Hourly After 10 hrs KM Live KM Dead 2 way Shuttle Layover Day Cruise 10 hrs - HFX Cruise 5 hrs - HFX passenger HMC passenger Mini coach passenger Van (XP only) HMC - Highway Motor Coach - Minimum Charter Rates as noted below TERMS AND CONDITIONS 1. Minimum Charter Rates: (1) The Minimum Charter Rates apply to the operation of a Highway Motor Coach or for any vehicle if a discount/commission is used. (2) Considering all components of the License, including rates, charges, discounts and a negative FAM, at no time can the amount charged be below the following: Daily Hourly Live KM Deadhead KM 2018 $1,275 $135 $2.90 $ $1,300 $145 $2.95 $ $1,325 $155 $3.00 $2.75 (3) The Minimum Charter Rates are subject to all additional charges, including a positive FAM. (4) The Minimum Charter Rates apply to all bookings. The rates for future years take effect on January 1. (5) A carrier must not quote below the Minimum Charter Rates for the year in which a Charter Service is to be provided, regardless of when the request for services or the booking is made. (6) Carriers are not permitted to enter into contracts for charters occurring beyond December 31, 2020, without specifying in the contract that the rate may change, subject to the Board setting the Minimum Charter Rates for Highway Motor Coaches for 2021 or later.

4 Page 2 of 3 2. Charges: (1) Single Day Charters: Charges are the greater of the total kilometres or the applicable minimum, hourly, daily, and overtime hourly rates. (2) Multi-Day Charters: Charges are the greater of the total kilometres or applicable daily and layover day rates. (3) Additional: 1. All taxes, fees, tolls, parking, admissions, gratuities, etc., if not paid for directly by the charter group. 2. Driver s actual hotel costs and a per diem of up to $40/day, if not paid directly by the charter group. 3. Additional driver s costs if required. 4. Fuel Adjustment Mechanism. (4) Fuel Adjustment Mechanism (FAM): The FAM will apply to the base charter price charged to the customer. The base fuel price is the January 2009 monthly average Wholesale Diesel (Rack) Price in Halifax ($.571/L) as tracked by Natural Resources CanadafNRCan ), bvcitv e.cfm?priceyear= 2013&ProductlD=13&LocationlD=39&Averaqe=3&dummv=#PriceGraph. The FAM will increase the base charter prices by 1% for every five cents per litre that the NRCan average weekly Wholesale Diesel (Rack) prices in Halifax vary from the base fuel price. The FAM will be estimated at the time the charter price is quoted (not more than 5% over the current rate). The actual rate will be applied at the time of charter 3. Discounts / Commissions: (1) For Highway Motor Coaches: At the discretion of Coach Atlantic Transportation Group Inc., it may grant discounts/commissions up to 20%, subject to the Minimum Charter Rates. (2) For all other vehicles: At the discretion of, it may grant discounts/commissions up to 20%, subject to the Minimum Charter Rates. 4. Familiarization Tours: At the discretion of, for the purpose of promoting tourism, reduced rates may be charged to a person chartering a vehicle providing familiarization tours to travel agents, travel writers, tour operators, meeting planners and/or tourism departments.

5 Page 3 of 3 5. Cancellation Charges: Carrier may charge the following charges: (1) 2-14 days prior to charter date - 25% of charter cost (2) 48 hours or less prior to charger date -100% of charter cost 6. Definitions for use of the vehicle: Cruise: Charters originate at the Halifax Pier. Cruise (5 hrs) - for any duration up to 5 hours, with any portion of an hour rounded up to the next hour. Cruise (10 hrs) - more than 5 hours and less than 10 hours, with any portion of an hour rounded up to the next hour. Daily: On a single-day charter applies for the 10th hour. On Multi-Day charters, Daily means any part of a calendar day. Deadhead KM: Any kilometre traveled without passengers. All trips begin and end at the equipment point, subject to equipment availability at the time of booking. Equipment Point: The carrier s place of business, currently 767 Old Sambro Road, Harrietsfield, Nova Scotia. Highway Motor Coach: passenger vehicle which has three axles and a washroom. Hour: Except for cruise above, any portion of an hour rounded up to the nearest hour. Hourly: On a single-day charter, applies to any hour from the Minimum Charge to 9 hours (Daily Rate). Layover Day: Replaces the Daily rate on a multi-day trip when the vehicle travels 50 kilometres or less and the group remains at the same location/hotel. Live KM: Any kilometre traveled with passengers. Minimum Charge: Minimum amount charged to a customer. Overtime Hourly: Applies to any hour after 10 hours. Ski Martock/Wentworth: Charters originate within 25 kilometres of downtown Halifax. 2 Way Transfer: A return transfer (one movement each way) of the same group on the same calendar day within a 50 kilometre radius of downtown Halifax.