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Page 1 Taxi Decision Passenger Transportation Board 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 Applicant PT Licence # 15% of taxi fleet 44-11 Aldergrove-Langley Taxi Ltd. 70614 2 48-11 Queen City Taxi Ltd. 70271 2 49-11 Burnaby Select Metrotown Taxi Ltd. 70358 1 51-11 Delta Sunshine Taxi (1972) Ltd. 70285 6 52-11 Kimber Cabs Ltd. 70458 3 54-11 Guildford Cab (1993) Ltd. 70431 8 56-11 Bonny’s Taxi Ltd. 70242 17 57-11 Surdell Kennedy Taxi Ltd. 70526 10 58-11 Port Coquitlam Taxi Ltd. 70234 2 59-11 Bel-Air Taxi (1982) Ltd. 70233 7 60-11 Royal City Taxi Ltd. 70450 8 61-11 Tsawwassen Taxi Ltd. 70463 4 62-11 White Rock South Surrey Taxi Ltd. 70404 9 63-11 Coquitlam Taxi (1977) Ltd. 70232 5 64-11 Newton Whalley Hi Way Taxi Ltd. 70974 11 65-11 Sunshine Cabs Ltd. 70547 10 56-12 North Shore Taxi (1966) Ltd. 70476 19 Total 124 Corporate information for each applicant company is provided in the individual decisions in Part II.

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Page 1: Licence Application Decisions on Peak Period Taxi …Page 3 Taxi Decision Passenger Transportation Board C. Board Decisions 1. Suburban Taxi Applications The following Amendment of

Page 1

Taxi Decision

Passenger Transportation Board

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 Applicant PT Licence # 15% of taxi fleet

44-11 Aldergrove-Langley Taxi Ltd. 70614 2

48-11 Queen City Taxi Ltd. 70271 2

49-11 Burnaby Select Metrotown Taxi Ltd. 70358 1

51-11 Delta Sunshine Taxi (1972) Ltd. 70285 6

52-11 Kimber Cabs Ltd. 70458 3

54-11 Guildford Cab (1993) Ltd. 70431 8

56-11 Bonny’s Taxi Ltd. 70242 17

57-11 Surdell Kennedy Taxi Ltd. 70526 10

58-11 Port Coquitlam Taxi Ltd. 70234 2

59-11 Bel-Air Taxi (1982) Ltd. 70233 7

60-11 Royal City Taxi Ltd. 70450 8

61-11 Tsawwassen Taxi Ltd. 70463 4

62-11 White Rock South Surrey Taxi Ltd. 70404 9

63-11 Coquitlam Taxi (1977) Ltd. 70232 5

64-11 Newton Whalley Hi Way Taxi Ltd. 70974 11

65-11 Sunshine Cabs Ltd. 70547 10

56-12 North Shore Taxi (1966) Ltd. 70476 19

Total 124

Corporate information for each applicant company is provided in the individual decisions

in Part II.

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Publication Date July 27, 2011 (except North Shore Taxi Ltd. – March 7, 2012)

Submissions Received Vancouver Taxi Applicants as listed in “B” below

City of Vancouver

Counsel William McLachlan, McLachlan Brown Anderson

B. 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

Applicant PT Licence Number of AVs

Requested

AV07-12 MacLure’s Cabs (1984) Ltd. 70199 16

AV08-12 Yellow Cab Company Ltd. 70277 36

AV09-12 Black Top Cabs Ltd. 70294 30

AV10-12 Vancouver Taxi Ltd. 70538 17

Total 99

Corporate information for each applicant company is provided in the individual decisions

in Part II.

Publication Date February 22, 2012

Submissions

Received

BC Taxi Association

Pacific Coop Taxi Association

Suburban Taxi Applicants as

listed in “A” above

Kashif Sheikh

Bhupinder Singh Thiara

Satnam Singh Thiara

Bhupinder Singh Dhaliwal

Counsel Tobin Robbins, Heenan Blaikie LLP

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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 Panel Members William H. Bell Brenda M. Brown

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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.

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Part One: General Information

I. Introduction

A. Taxis in the Greater Vancouver Regional District 8

B. Temporary Operating Permits (City of Vancouver) 12

Part Two: Applications in General

II. Applications

A. Suburban Taxi Applications 16

B. Vancouver Taxi Applications 16

C. Submissions to Published Application Summaries 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) 21

B. Letters of Support / Media Reports 28

C. Municipal and City of Vancouver Information 29

D. City of Vancouver Administrative Report (March 16, 2012) 29

V. Positions of the Parties 31

Part Three: Board Considerations, Analysis and Findings

VI. Board Considerations

A. Public Need 36

B. Sound Economic Conditions 37

C. Applicant Fitness 38

VII. Analysis and Findings Common to All Applications

A. Public Need 38

B. Sound Economic Conditions 40

C. Suburban Taxi Applications 42

D. Vancouver Taxi Applications 48

E. Applicant Fitness 49

…continued

Table of Contents

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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

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

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Part One: General Information

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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).

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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

70546

47

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

Area* # of PT Licensees

Active Vehicles

North Vancouver/West Vancouver

North Shore Taxi Sunshine Cabs

2 190 125 65

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

Burnaby Bonny’s Taxi Burnaby Select

2 119 115

4

Langley Aldergrove Langley

Taxi****

1 16 16

Coquitlam/Port Coquitlam/ Port Moody

Port Coquitlam Taxi

Coquitlam Taxi Bel-Air Taxi

3 91 14 31 46

Pitt Meadows/Maple Ridge Allouette Taxi Meadow Ridge Taxi Syd’s Taxi

3 30 10 10 10

Richmond Richmond Taxi** Coral Cabs Garden City Taxi Kimber Cabs

4 131 64 19 30 18

New Westminster Queen City Taxi Royal City Taxi

2 63 11 52

Total 24 960

* 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.

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**** 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:

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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

Total 451 1314

* 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.

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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.

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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.

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Table 5: Peak Period TOPs for Vancouver Taxi Companies

Yellow Cab Vancouver Taxi Black Top MacLure’s Total

Vehicles: 24 11 20 10 65

Date Range April 29, 2011 – October 30, 2011

Days & Times Friday and Saturday evenings (3 p.m. – 6 a.m.)

Red & Black Cruise Ship Days and special summer fireworks events

Stanley Cup Final Game

Date Range November 4, 2011 – January 1, 2012 Days & Times

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

Date Range January 27, 2012 – April 21, 2012 Days & Times

Fridays and Saturday evenings (3 p.m. – 6 a.m.)

Date Range April 27, 2012 – July 15, 2012 Days & Times

Fridays and Saturday evenings (3 p.m. – 6 a.m.)

May 11, 2012; May 19, 2012 (24 hours)

Date Range July 20, 2012 - October 13, 2012 Days & Times

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.)

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Part Two: Applications in General

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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

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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

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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

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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.

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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.

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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

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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

1 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.

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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

2 These figures cap dispatch response time at 60 minutes to account for anomalies in the central dispatch system.

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.

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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

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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

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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 “pre-

TOP” 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

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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

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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

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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 on-

demand 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

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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

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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.

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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 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.

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.

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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 ( Surdell-Kennedy 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?

Five municipalities (City of Burnaby, City of Port Coquitlam, City of Richmond, City of Langley, and District of North Vancouver) offered specific objections or

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.

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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.

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Part Three: Board Considerations, Analysis and Findings

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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.

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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

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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

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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.

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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.

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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.

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The following sections discuss the data that was available to the Board. The discussion

starts with the suburban taxi applications.

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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

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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.

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(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 mid-

afternoon, 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.

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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

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capacity then approval of the application should not impact its ability to provide service to

patrons in its home jurisdiction.

Table 8: Data for Suburban Taxi Operations during Peak Periods Friday and Saturday Night

(Selected Dates 2011)

Applicant Primary Originating Area Cu

rre

nt

Fle

et

Pe

ak

Pe

rio

d T

ax

is

Re

qu

est

ed

[1]

Off

-Sh

ift

Ve

hic

les

[2]

On

-Sh

ift

Pro

du

ctiv

ity

[3]

YV

R v

eh

icle

s

[4]

Tri

ps

wit

hin

1

5 M

inu

tes

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%

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

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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 mid-

afternoon.

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).

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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.

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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.

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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.

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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.

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Part Four: Decisions on Individual Applications

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Licence Amendment Application Decision (Taxi)

Application 44-11

Applicantfd Aldergrove-Langley Taxi Ltd.

PT Licence # 70614

Address 110 – 17767 64th Avenue, Surrey BC V3S 1Z2

Principals JOHAL, Hardip SINGH, Arvinder

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?

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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.

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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)

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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

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

0 1% Insufficient data 0 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.

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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.

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Licence Amendment Application Decision (Taxi)

Application 48-11

Applicant Queen City Taxi Ltd. PT Licence # 70271

Address 5525 Imperial Street, Burnaby BC V5J 1E8

Principals BAINS, Harjit DULAY, Surjit

GILL, Harinder MAND, Kirpal

PARMAR, Bhuminder SAHOTA, Balwinder

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.

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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.

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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.

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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

Category 2: On-Shift Productivity

Category 3: YVR licences # % of fleet

Category 4: Trips within 15 Minutes

1 9% medium n/a n/a 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.

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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.

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Licence Amendment Application Decision (Taxi)

Application 49-11

Applicant Burnaby Select Metrotown Taxi Ltd.

PT Licence # 70358

Address 5525 Imperial Street, Burnaby BC V5J 1E8

Principals BAINS, Harjit DULAY, Surjit

GILL, Harinder MAND, Kirpal

PARMAR, Bhuminder SAHOTA, Balwinder

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?

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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.

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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

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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

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

0 1% high 0 0% 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.

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Licence Amendment Application Decision (Taxi)

Application 51-11

Applicant Delta Sunshine Taxi (1972) Ltd.

PT Licence # 70285

Address 203 – 12837 76th Avenue Surrey BC V3W 2V3

Principals GILL, Sukhwinder

PUAAR, Parmajit

WALLA, Joginder

HAYER, Jasvinder

SIDHU, Maheshinder

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?

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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

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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.

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(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.

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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

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

5.4 14% low 32 80% 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.

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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

“airport licenses” approved

by the VIAA (or its agent)

Additional Vehicles

Maximum Fleet Size

53-54 9 40 vehicles of which a maximum of 35 may be conventional taxis. All other vehicles are accessible taxis.

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

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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 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.

Minimum Operating

Requirement:

At least two wheel chair accessible vehicles in the fleet must be available to serve passengers originating in the City of Surrey and the District of Delta on 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 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 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

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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 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

Vehicles

A maximum of 5 vehicles may operate under this Service

Maximum Operating

Requirement:

Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 a.m.

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) 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.

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

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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.

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Licence Amendment Application Decision (Taxi)

Application 52-11

Applicant Kimber Cabs Ltd. PT Licence # 70458

Address 160 – 5671 Minoru Blvd., Richmond BC V6X 2B1

Principals BHANGU, Sarbit DHALIWAL, Sukhwinder

HANS, Surjit STAMM, Peter

Decision 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.

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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.

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(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.

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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 1: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3:

YVR licences

Category 4: Trips within 15 Minutes

2.0 11% low 18 100% 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.

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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.

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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 Vehicles

A maximum of 3 vehicles may operate under this Service

Maximum Operating Requirement:

Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 a.m.

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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.

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Licence Amendment Application Decision (Taxi)

Application 54-11

Applicant Guildford Cab (1993) Ltd.

PT Licence # 70431

Address 101 – 8299 129 St., Surrey BC V3W 0A6

Principals ALI, Rafaqat

BASSI, Amrik Singh

GILL, Jaswant

SUNNER, Harmel Singh

ATWAL, Devinder Singh

CHAHAL, Baljit Singh

JOHAL, Avtar

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?

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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.

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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.

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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: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

4.1 8% medium 17 34% 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

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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.

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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 Requirement:

At least 1 accessible taxi must be operated and available for hire 24 hours 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.

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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 Vehicles

A maximum of 2 vehicles may operate under this Service

Maximum Operating

Requirement:

Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10 p.m. to 5:00 a.m.

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) 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.

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.

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Licence Amendment Application Decision (Taxi)

Application 56-11

Applicant Bonny’s Taxi Ltd. PT Licence # 70242

Address 5525 Imperial Street, Burnaby BC V5J 1E8

Principals BAINS, Harjit DULAY, Surjit

GILL, Harinder MAND, Kirpal

PARMAR, Bhuminder SAHOTA, Balwinder

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?

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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.

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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.

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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

Category 2: On-Shift Productivity

Category 3:

YVR licences

Category 4: Trips within 15 Minutes

3.6 3% high 81 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.

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Conclusion

This application is refused.

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Licence Amendment Application Decision (Taxi)

Application 57-11

Applicant Surdell Kennedy Taxi Ltd.

PT Licence # 70526

Address 103 – 12975 84th Street, Surrey BC V3W 1B3

Principals BAJWA, Jaswant Singh

DHALIWAL, Jugrah Singh

GILL, Sarabjit Singh

TOOR, Jaskawal Singh

BRAR, Tejinder Paul Singh

DHALIWAL, Nirmal Singh

GREWAL, Sajjan 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?

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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.

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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

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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: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: 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.

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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.

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Licence Amendment Application Decision (Taxi)

Application 58-11

Applicant Port Coquitlam Taxi Ltd.

PT Licence # 70234

Address 2121 Hartley Avenue, Coquitlam BC V3K 6Z3

Principals DHALIWAL, Hardeep GILL, Harjinder

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.

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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.

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(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 licence-

specific vehicles. The vehicle on shift data includes all taxis on shift and is considered

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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: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: 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.

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Conclusion

This application is refused.

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Licence Amendment Application Decision (Taxi)

Application 59-11

Applicant Bel-Air Taxi (1982) Ltd.

PT Licence # 70233

Address 2121 Hartley Avenue, Coquitlam BC V3K 6Z3

Principals MEHAT, Sohan S.

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.

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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.

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(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 licence-

specific vehicles. The vehicle on shift data includes all taxis on shift and is considered

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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: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: 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.

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Conclusion

This application is refused.

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Licence Amendment Application Decision (Taxi)

Application 60-11

Applicant Royal City Taxi Ltd. PT Licence # 70450

Address 436 Rousseau Street, New Westminster BC V3L 3R3

Principals DHILLON, Chamkaur

GILL, Ravinder

JHALLI, Amrit

SANAEE, Behrouz

SINGH, Sarjit

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?

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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.

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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.

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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

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

1.2 2% medium 9 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.

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Conclusion

This application is refused.

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Licence Amendment Application Decision (Taxi)

Application 61-11

Applicant Tsawwassen Taxi Ltd.

PT Licence # 70463

Address 203 – 12837 76th Avenue Surrey BC V3W 2V3

Principals BADESHA, Gurpal

HANS, Bhajan

SIDHUM, Gurminder

BAJWA, Mandeep

JHAJJ, Mohan 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?

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.

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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

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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.

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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.

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Figure 1

Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011)

Category 1: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

2.0 7% low 22 79% 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.

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Tsawwassen Taxi Ltd. Appendix

Special Authorization:

Passenger Directed Vehicle (PDV)

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 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.

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.

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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 Vehicles

A maximum of 2 vehicles may operate under this Service

Maximum Operating

Requirement:

Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10 p.m. to 5:00 a.m.

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) 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

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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.

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Licence Amendment Application Decision (Taxi)

Application 62-11

Applicant White Rock South Surrey Taxi Ltd.

PT Licence # 70404

Trade Names Pacific Cabs

Address 3 – 17921 55th Avenue, Surrey BC V3S 6C4

Principals BIRING, Jagdip

GREWAL, Balbir Singh

RANDHAWA, Gurmeet Singh

SIDHU, Angrez

DHALIWAL, Harchand

MANN, Surinder

SANDHU, Jaswinder 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?

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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.

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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.

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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

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

2.7 4% high 28 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.

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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.

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Licence Amendment Application Decision (Taxi)

Application: 63-11

Applicant: Coquitlam Taxi (1977) Ltd.

PT Licence # 70232

Address: 2121 Hartley Avenue, Coquitlam BC V3K 6Z3

Principals: GILL, Harjinder MEHAT, Sohan

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.

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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.

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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.

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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 licence-

specific 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: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: 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

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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.

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Licence Amendment Application Decision (Taxi)

Application 64-11

Applicant Newton Whalley Hi Way Taxi Ltd

PT Licence # 70974

Address 107 – 13119 84th Avenue, Surrey BC V3W 1B3

Principals ALI, Aamir

GREWAL, Ravinder Singh

JOHAL, Sukhwinder Singh

PARMAR, Narinder Singh

CHAHAL, Dharampal Singh

GREWAL, Avtar Singh

KHARBAR, Tarsem 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?

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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.

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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.

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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

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

4.8 7% medium 16 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

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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.

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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 (or its agent)

Additional 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.

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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 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 three (3) accessible taxis 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.

Minimum Operating Requirement:

At least 2 accessible taxis must be operated and available for hire 24 hours 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.

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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 Vehicles

A maximum of 2 vehicles may operate under this Service

Maximum Operating

Requirement:

Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10 p.m. to 5:00 a.m.

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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.

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.

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Licence Amendment Application Decision (Taxi)

Application 65-11

Applicant Sunshine Cabs Ltd PT Licence # 70547

Address 107 – 13119 84th Avenue, Surrey BC V3W 1B3

Principals BEDI, Paramjit Singh

JAWANDA, Charanjit

JAWANDHA, Gurjit

GILL, Sanjeev

JAWANDHA, Harmikpal S.

Decision 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?

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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.

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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).

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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.

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Figure 1

Analysis of Applicant Data: Peak Periods Friday and Saturday night (Selected Dates in 2011)

Category 1: Off-Shift Vehicles

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: 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.

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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) Additional Vehicles Maximum Fleet Size

28 17 65 vehicles of which 55 may be

conventional taxis

27 16 64 vehicles of which 54 may be

conventional taxis

26 15 63 vehicles of which 53 may be

conventional taxis

25 14 62 vehicles of which 52 may be

conventional taxis

24 13 61 vehicles of which 51 may be

conventional taxis

23 12 60 vehicles of which 50 may be

conventional taxis

22 11 59 vehicles of which 50 may be

conventional taxis

21 10 58 vehicles of which 49 may be

conventional taxis

20 9 57 vehicles of which 48 may be

conventional taxis

19 8 56 vehicles of which 47 may be

conventional taxis

18 7 55 vehicles of which 46 may be

conventional taxis

17 6 54 vehicles of which 46 may be

conventional taxis

16 5 53 vehicles of which 45 may be

conventional taxis

15 4 52 vehicles of which 44 may be

conventional taxis

14 3 51 vehicles of which 43may be

conventional taxis

13 2 50 vehicles of which 42 may be

conventional taxis

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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. 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.

Eco-Friendly Taxis:

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.

Vehicle Capacity: Vehicles can accommodate a driver and not less than 2 and not more than 7 passengers.

Minimum Operating

Requirement:

At least 3 accessible taxis must be operated and available for hire 24 hours each day, every day of the week. Two of the 3 accessible taxis must be 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: The following terms and conditions apply to Service 2:

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.

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Destination Area: Transportation of passengers may terminate at any point 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.

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.

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 Vehicles

A maximum of 10 vehicles may operate under this Service

Maximum Operating

Requirement:

Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 a.m.

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) 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.

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.

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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.

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Licence Amendment Application Decision (Taxi)

Application 56-12

Applicant North Shore Taxi (1966) Ltd.

PT Licence# 70476

Address 264 Pemberton Avenue, North Vancouver BC V7P 2R5

Principal BOWAL, Bodh

PARHAR, Salinder Singh

SIDHU, Dharam Singh

MANHAS, Balwinder Singh

SANGHERA, Gurbax

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?

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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.

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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

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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.

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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

Category 2: On-Shift Productivity

Category 3: YVR licences

Category 4: Trips within 15 Minutes

16.0 13% insufficient data 31 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.

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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

agent) Additional Vehicles Maximum Fleet Size

31 18 125 motor vehicles of which a maximum of 113 may be conventional taxis.

30 17 124 motor vehicles of which a maximum of 112 may be conventional taxis.

29 16 123 motor vehicles of which a maximum of 111 may be conventional taxis.

28 15 122 motor vehicles of which a maximum of 110 may be conventional taxis.

27 14 121 motor vehicles of which a maximum of 109 may be conventional taxis.

26 13 120 motor vehicles of which a maximum of 108 may be conventional taxis.

25 12 119 motor vehicles of which a maximum of 107 may be conventional taxis.

24 11 118 motor vehicles of which a maximum of 106 may be conventional taxis.

23 10 117 motor vehicles of which a maximum of 105 may be conventional taxis.

22 9 116 motor vehicles of which a maximum of 104 may be conventional taxis.

21 8 115 motor vehicles of which a maximum of 103 may be conventional taxis.

20 7 114 motor vehicles of which a maximum of 102 may be conventional taxis.

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19 6 113 motor vehicles of which a maximum of 101 may be conventional taxis.

18 5 112 motor vehicles of which a maximum of 100 may be conventional taxis.

17 4 111 motor vehicles of which a maximum of 99 may be conventional taxis.

16 3 110 motor vehicles of which a maximum 98 may be conventional taxis.

15 2 109 motor vehicles of which a maximum 97 may be conventional taxis.

14 1 108 motor vehicles of which a maximum 96 may be conventional taxis.

13 or less 0 107 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.

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 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 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

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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

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and in a horizontal position.

Maximum number Vehicles

A maximum of 14 vehicles may operate under this Service

Maximum Operating

Requirement:

Vehicles may only operate in the Downtown Vancouver Entertainment District on Friday/Saturday and Saturday/Sunday from 10:00 p.m. to 5:00 a.m.

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) 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: 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.

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Licence Application Decision (Additional Taxis)

Application AV07-12

Applicant MacLure’s Cabs (1984) Ltd.

PT Licence # 70199

Address 1510 W. 3rd Avenue, Vancouver BC V6J 1J7

Principals BANSAL, Gursharan

KANDOLA, Sodhi

POONIA, Sucha

DYAL, Gurdial

NAGRA, Gurpal

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

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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.

To the knowledge of current management, none of the 4 companies has been found guilty of

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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.

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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

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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.

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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 – Shift Change

The licensee must have at least 20 vehicles that do not change their 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.

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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 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 Requirement:

Vehicles may only be available for hire:

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.

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The following apply to all vehicles in the fleet.

Taxi Camera Equipment:

A digital taxi camera that meets board specifications 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.

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 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 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.

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Licence Application Decision (Additional Taxis) Application AV09-12

Applicant Black Top Cabs Ltd. PT Licence # 70294

Address 777 Pacific Street, Vancouver BC V6Z 2R7

Principals BAL, Kamaldeep

MANGAT, Rupinder

PAUL, Tej

DHILLON, Avninder

PARMAR, Sukhwinder

SANDHU, Jaswant

Decision 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.

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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.

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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.

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(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

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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.

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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 – Shift Change

The licensee must have at least 30 vehicles that do not change their 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.

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

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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 extra-provincial 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 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 Requirement:

Vehicles may only be available for hire:

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.

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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 Equipment:

A digital taxi camera that meets board specifications 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.

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 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 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.

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Licence Application Decision (Additional Taxis)

Application AV10-12

Applicant Vancouver Taxi Ltd. PT Licence # 70538

Address 790 Clark Drive, Vancouver, BC V5L 3J2

Principals ABDOLLAHI, Abolghasem

CHEEMA, Sahajpal S.

JUDGE, Harparkash S.

MANGAT, Bharpur Singh

MANN, Jasbir Singh

NAHAL, Kashmir S.

RANA, Balbir S.

RANDHAWA, Iqbal S.

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?

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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.”

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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

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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

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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.

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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.

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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 – Shift Change

The licensee must have at least 20 vehicles that do not change their 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 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.

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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 Requirement:

Vehicles may only be available for hire:

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 Equipment:

A digital taxi camera that meets board specifications 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.

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.

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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 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 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.

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Licence Application Decision (Additional Taxis)

Application AV08-12

Applicant Yellow Cab Company Ltd.

PT Licence # 70277

Address 1441 Clark Drive, Vancouver BC V5L 3K9

Principals BASRAN, Satinder

JASWAL, Satnam

SEKHON, Satvinder

GREWAL, Harpreet

SAHOTA, Kulwant

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?

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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.”

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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

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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

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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.

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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 – Shift Change

The licensee must have at least 37 vehicles that do not change their 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.

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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 Requirement:

Vehicles may only be available for hire:

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 Equipment:

A digital taxi camera that meets board specifications 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.

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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 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 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.