Context

Under the Act, passenger directed vehicle licensees must apply to the Board to increase their maximum fleet size. The Board must consider public need, applicant fitness and sound economic conditions in assessing these applications.

At times, licensees may submit a contract as evidence of public need. This policy clarifies how terms and conditions of licence for passenger directed vehicles may be established if additional vehicles are requested pursuant to a contract.

Applicability

This policy applies to all licensees and applicants that wish to use a contract as evidence of public need in order to increase their maximum fleet size. 

Policy

When an applicant relies largely on a contract to demonstrate need for one or more additional vehicles, the decision-making panel will generally establish terms and conditions that:

• Tie all or some of the additional vehicles to the existence of a contract between the licensee and the contracting party; and
• At the time of licence renewal, requires licensees to submit proof to the Registrar that the contract remains in good standing.

Legislation

28 (1) The board may approve, in whole or in part, an application forwarded to the board under section 26 (1) [other licence applications] after considering the following: 

(a) whether the applicant 

(i) is a fit and proper person to provide the service the applicant proposes to provide under the special authorization, and 

(ii) is capable of providing the service; (b) if the board considers that the applicant is a fit and proper person to provide the service and is capable of providing the service, (i) whether there is a public need for the service, and (ii) whether the application, if granted, would promote sound economic conditions in the passenger transportation industry in British Columbia.

31 (1) Subject to subsection (4) and section 32, a licensee wishing to amend a licence must apply to the registrar and, in that event, […] 

(b) Division 3 applies to an application to amend a licence issued under that Division.