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Application Decision
Taxi – SSPV Amendment
| Application # | 19530-24 |
|---|---|
| Applicant & Application Summary | Port Coquitlam Taxi Ltd. Trade Name: Port Coquitlam Taxi, Belair Taxi Current Originating Area: City of Port Coquitlam, City of Port Moody Amendment of Licence: PDVA (Taxi)
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| Applicant Information | Current Passenger Transportation Licence: #70234 with:
Principals:
Office: 2121 Hartley Avenue, Coquitlam, BC V3K 6Z3 |
| More Information | Appendix 1: Notices Regarding This Approval Appendix 2: Approved Terms & Conditions of Licence Appendix 3: Data Requirements Appendix 4: Rates and Rules |
| Publication of Application | April 24, 2024 |
| Submissions | None received. |
| Board Decision | The application is approved in whole:
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| Decision Date | May 15, 2024 |
| Panel Chair | Garland Chow |
Introduction
The Passenger Transportation Act (Act) regulates the licensing and operation of commercial passenger transportation vehicles and services in B.C. Under the Act, the Passenger Transportation Board (Board) makes licensing decisions on applications relating to taxis, limousines, and other small shuttle and tour vehicles. The operation of these vehicles requires a “passenger directed vehicle authorization.” The Board has the authority to consider and approve applications for new licences as well as applications from existing licensees to change terms and conditions of their licences (including the addition of vehicles to their fleet), change rates to be charged for a service and request Temporary Operating Permits (TOPs). Since September 2019, the Board’s mandate has included licensing decisions relating to Transportation Network Services, also known as ride-hailing services.
Under the Taxi Modernization process the Board allows operation of single-shift vehicles (SSPV), i.e. separate day and night shift vehicles. These are designed to reduce trip refusals at shift change when licensees operate vehicles for two shifts on the same day. The SSPV are not in operation at the same time, apart from completion of a trip in process at the end of a shift, and so this does not increase the number of vehicles on the road.
ICBC has changed their insurance product for taxis to provide usage based (kilometer based) insurance. This new insurance product makes SSPV more affordable and attractive.
In June 2020 the Board approved an SSPV application form to simply the process for an interested applicant.
Jurisdiction
This application is made under the Act. As required by section 26(1) of the Act, the Registrar of Passenger Transportation forwarded the application to the Board. Section 26(2) of the Act requires the Board to publish the fact and nature of the application, and section 27(3) requires it to consider applications and any written submissions it receives as result of publication.
Section 28(1) governs the Board’s consideration of applications as follows:
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.
Section 28(2) states that the Board must, if it approves an application, specify the special authorization that should be included in the licence, if issued by the Registrar.
Section 28(3) states that the Board may establish terms and conditions that apply to a special authorization included in a licence.
Sections 12 (4.1) and (4.2) permit the Board to consider any records, information and reports that it considers relevant to an application, including records, information and reports obtained or produced by the Board.
Application
Applicant
The applicant, Port Coquitlam Taxi Ltd. (Port Coquitlam Taxi), was incorporated in B.C. on May 28, 1975. The applicant conducts business as both Port Coquitlam Taxi and Belair Taxi and the applicant’s office is located in Coquitlam, B.C.
Port Coquitlam Taxi has a Passenger Transportation Licence with Special Authorization to operate up to 19 taxis. Of these, 16 can be conventional taxis and 3 or more can be accessible taxis.
Port Coquitlam Taxi may only originate from any point in the City of Port Coquitlam, the City of Port Moody, and that portion of the City of Coquitlam north of the Dewdney Trunk Road.
The applicant also has Limited Attached Carrier Authorization to pick up passengers in the City of Coquitlam and south of an extension of the north boundary of the City of Coquitlam (legally described as that portion of Township 39 lying west of the City of Coquitlam), south of Township 4 and including township west of Township 39 and District Lot 256.
This limited authority remains in effect as long as the following conditions are met:
1. Port Coquitlam Taxi Ltd. is a subsidiary of Bel-Air Taxi Ltd., and some or all the issued and outstanding shares in the capital stock of Port Coquitlam Taxi Ltd. are owned by Bel-Air Taxi Ltd., and
2. Bel-Air (1982) Taxi Ltd. and Coquitlam Taxi (1977) Ltd. and Port Coquitlam Taxi Ltd. use the same central dispatch operations and have their main administrative and corporate offices at the same location.
Upon the termination of either condition 1 or 2 above, Port Coquitlam Taxi Ltd. must immediately stop originating passengers in the area described above.
Applicant’s Request & Explanation
The applicant seeks to amend its licence by instituting single-shift taxis for a portion of its conventional vehicles. They wish to add 10 designated single-shift paired vehicles (SSPVs).
The number of vehicles that can be operated at any one time remains at 19 taxis, of which 16 may be conventional and all others must be accessible.
The applicant provided the following public explanation that was published in the Application Summary:
There are vehicles in my fleet that have been routinely operated for two shifts on the same day. The capacity of my fleet to meet public requests for rides is reduced when shift changes occur.
Overview of Applicant Materials
The applicant submitted application forms and other materials that meet the Board’s simplified SSVP application requirements.1
Submissions
The Board did not receive submissions on this application.
Records, Information and Reports
The Board has also considered the following in deciding this application:
Hara Associates, Modernizing Taxi Regulation BC 2018
Procedural Matters
Section 17 of the Act allows the Board to conduct written, electronic or oral hearings, or any combination as the Board, in its sole discretion, considers appropriate. This application is being conducted by way of a written hearing.
Analysis and Findings
Section 28(1) of the Act sets out the factors which the Board must consider on this Application. The first factor, fitness, is a threshold test. If the Board considers that an applicant is a fit and proper person and capable of providing a service, it will then consider whether there is a public need for the service and whether the application, if granted, would promote sound economic conditions in the transportation industry in B.C.
A. Applicant Fitness
The Board considers whether an applicant:
(i) is a fit and proper person to provide the proposed service; and
(ii) is capable of providing the service
First, with fit and proper, the Oxford English Dictionary defines fit as including “well adapted or suited to the conditions or circumstances of the case, answering the purpose, proper or appropriate … possessing the necessary qualifications, properly qualified, competent, deserving.” Also, the dictionary defines proper as including “suitable for a specified or implicit purpose or requirement; appropriate to the circumstances or conditions; of the requisite standard or type; apt, fitting; correct, right.” When looking at whether an applicant is fit and proper, the Board does so in the context of the passenger transportation industry in British Columbia. This includes the regulatory system that grants businesses a licence which confers on them both the authorization they need to provide their service and an ongoing obligation to operate in accordance with proper standards of conduct.
Second, capability is generally understood to mean that an applicant has the ability or qualities necessary to skillfully and effectively meet its obligations and achieve the results it says it will achieve. When looking at capability, the Board reflects on whether the applicant has demonstrated that it has the knowledge and understanding of relevant regulatory requirements and policies that govern passenger transportation providers, and whether it is able to comply with those requirements. It also looks at whether the applicant has the background, skills and knowledge to manage its proposed service, and the financing to operate it. The Board expects an applicant to demonstrate its competence and ability by providing sound and realistic information in its business plan and financial statements that is consistent and compatible with the transportation service it proposes.
The applicant submitted application forms and other materials that meet the Board’s application requirements. Disclosure of Unlawful Activity and Bankruptcy forms were provided to the Board’s satisfaction. No discrepancies or issues were identified by the Board. The applicant’s National Safety Code rating is Satisfactory-Unaudited and the firm has no administrative penalties. Nothing regarding the operation of Port Coquitlam Taxi has come to the attention of the Board suggesting that the applicant is not fit and proper.
Board Finding
Based on the information and evidence above, I find that Port Coquitlam Taxi Ltd. is a fit and proper entity to provide the proposed service, and I find that it has demonstrated it is capable of providing the service.
B. Public Need and Sound Economic Conditions
If the Board considers that an applicant is a fit and proper person and capable of providing a service, it then considers,
(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.
Is there a public need for the service the applicant proposes to provide?
An applicant is required to demonstrate public need by showing that there are people who would use the proposed service and by speaking to the various public need factors outlined in policy. To the extent possible, an application should provide evidence and an explanation of how the proposed service would promote these factors. Applicants should provide clear information about the service it proposes, and they should provide supporting evidence that is factual and objective. They should not rely on general claims or their own opinion.
The Board reviews applications and considers the extent and type of public need that has been demonstrated for the proposed service. In addition to demand, the Board considers the extent to which the proposed service meets public need factors in policy, such as accessibility, affordability, safety, and service quality.
For the purposes of this application, the Board will consider information and evidence from the 2018 report by Hara Associates – “Modernizing Taxi Regulation”. The report found that taxis in B.C.’s larger municipalities are run 24 hours a day, with a day shift and a night shift. At shift change, the day and night drivers must meet at a common place to transfer control of the taxi. This interrupts taxi service availability. In addition to the inefficiency, it means that customers sometimes experience trip refusals if the driver believes the trip cannot be completed before the shift ends (including the return trip to meet the new shift driver). In addition, shift changes happen at about the same time for all taxis, resulting in an aggregate reduction in taxi service during this period. Therefore, approving this application will result in fewer trip refusals and more consistent taxi availability for the public.
Board Finding
Based on the analysis above, I find that there is a public need for the proposed service.
Would approving the application support sound economic conditions in the passenger transportation business in British Columbia?
An applicant is required to demonstrate sound economic conditions by showing how their proposed service would support passenger transportation in BC and by speaking to the various sound economic conditions factors outlined in policy. To the extent possible, an application should provide evidence and an explanation of how the proposed service would promote these factors. Applicants should provide clear information about the service it proposes, and supporting evidence that is factual and objective. They should not rely on general claims or their own opinion.
The Board considers the issue from a wide-ranging perspective. Generally, it is the Board’s view that the overall economic interests of the passenger transportation industry weighs more heavily than the economic and financial interests of any particular applicant, submitter, or business. The Board also considers the extent to which the proposed service meets sound economic conditions factors in policy, such as competition, innovation, sustainability, and variety.
The 2018 Hara report found that providing taxi licensees the ability to operate single shift paired vehicles will result in more consistent capacity available throughout the day.
ICBC’s recent changes to their insurance product for taxis to provide kilometer-based insurance make SSPVs a more affordable service option for taxi companies.
Board Finding
I find that approving the application would promote sound economic conditions in the passenger transportation industry in B.C.
Conclusion
For the reasons above, this application is approved in whole, and I establish the requirements that follow in appendices to this decision:
Appendix 1: Notices Respecting This Approval
Appendix 2: Terms and Conditions of Licence
Appendix 3: Data Requirements
Appendix 4: Rates and Rules
Port Coquitlam Taxi Ltd.
Port Coquitlam Taxi, Belair Taxi
Appendix 1: Notices Respecting This Approval
| Notice to Applicant | Licence Required To Operate:
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Port Coquitlam Taxi Ltd.
Port Coquitlam Taxi, Belair Taxi
Appendix 2: Approved Terms & Conditions of Licence
The applicant will be subject to terms and conditions that include terms and conditions set out below in “A. Legislative Requirements,” “B. Passenger Transportation Vehicles,” “C. Originating Areas & Services,” and “D. Other Requirements.”
Special Authorization Passenger Directed Vehicles Authorization PDVA: Taxi Terms & Conditions |
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| Definitions | “Board” means the Passenger Transportation Board “Registrar” means the Registrar, Passenger Transportation |
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| Vehicle Identifiers | Each motor vehicle operated under this authorization must display, at the times and in the form and manner required by the Registrar, a vehicle identifier that is:
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| Data Requirements | The licensee must provide to the Registrar any information, including personal information, and data that the Registrar or Board may require within time periods that the Registrar or Board may reasonably require, and which may include, without limitation, information and data set out in section 28(5)(a) to (c) of the Passenger Transportation Act. |
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| Maximum Fleet Size | Base Maximum Fleet Size:
Maximum Fleet Size with Single-Shift Paired Vehicles:
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| Single Shift Paired Vehicles (SSPV) |
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| Vehicle Capacity (Taxi) | A driver and not less than 2 and not more than 7 passengers. |
| Accessible Vehicles | An accessible passenger directed vehicle must be operated in accordance with the Motor Vehicle Act Regulations including Division 10 (Commercial Passenger Vehicles) 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. |
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An accessible passenger directed vehicle may be equipped with flips seats that are installed in accordance with Division 10.07(5) of the Motor Vehicle Act Regulations. |
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| 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 Port Coquitlam, the City of Port Moody, and that portion of the City of Coquitlam north of the Dewdney Trunk Road. |
| Destination Area | Transportation of passengers may terminate at any point in British Columbia. |
| Limited Attached Carrier Authorization: |
This limited authority remains in effect as long as the following conditions are met:
Upon the termination of either condition 1 or 2, Port Coquitlam Taxi Ltd. must immediately stop originating passengers in the area described in A above. |
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Licensees must ensure that accessible taxi service is available to passengers throughout a 24-hour day in a reasonable manner and that accessible taxi availability is, at a minimum, proportionate to conventional taxi availability. |
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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. |
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| Hailing in Originating Area |
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| Top Lights | Motor vehicles may be equipped with a top light. |
| Meters | Motor vehicles must be equipped with a meter that calculates fares on a time and distance basis. |
| Taxi Cameras & Meters | Licensees must install taxi camera equipment and taxi meters, including taxi soft meters, in compliance with applicable rules, standards and orders of the Passenger Transportation Board. |
| Taxi Bill of Rights | A Taxi Bill of Rights may only be displayed in vehicles when the licensee:
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General requirements Collecting personal health information Shielding driver and passenger information Certain charges not allowed Taxis must keep phone dispatch Apps may not accept payment for fares |
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Liquor Control and Licensing Act Cannabis Control and Licensing Act |
The licensee must ensure passenger directed vehicles under their licence are operated at all times in compliance with the Liquor Control and Licensing Act and the Cannabis Control and Licensing Act. |
| Transfer of a Licence | This special authorization licence may not be assigned or transferred except with the approval of the Board pursuant to section 30 of the Passenger Transportation Act. |
Port Coquitlam Taxi Ltd.
Port Coquitlam Taxi, Belair Taxi
Appendix 3: Data Requirements
Data Requirements, effective September 3, 2019, are applicable.
Appendix 4: Rates and Rules
The follow Board rates and rules remain applicable: