To outline the manner in which section 28(1) of the Passenger Transportation Act will be addressed by the Board in its deliberations and decisions.

Section 28(1) of the Passenger Transportation Act states that the Board may approve an application if the Board considers that

• (a)    there is a public need for the service the applicant proposes 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.

The Board may approve a licence if all three provisions of section 28 are answered in the affirmative.

The Board may refuse a licence if any one provision is answered in the negative. If the Board is approving a licence, it will make conclusions or findings with respect to all three considerations in a decision.  If the Board is refusing a licence it may make findings with respect to one or more of the considerations.

August 11, 2004

Revised

May 28, 2008

To describe how the Board determines whether exclusions apply to the definitions of passenger directed vehicle (PDV) or inter-city bus (ICB).

The Passenger Transportation Act defines the terms “inter-city bus” and “passenger directed vehicle” as follows :

"inter-city bus" means a commercial passenger vehicle when it is operated

• (a)    on a set time schedule between any prescribed municipality or regional district in British Columbia and any other location, whether in British Columbia or not,
• (b)    for individual fares,
• (c)    over a regular route, and
• (d)    between fixed terminating points, picking up or dropping off passengers at intermediate points as necessary,

and includes or excludes any commercial passenger vehicle or class of commercial passenger vehicle prescribed by regulation.

"passenger directed vehicle" means a commercial passenger vehicle if that vehicle

• (a)    can accommodate a driver and not more than the number of passengers prescribed by the regulations, and
• (b)    is operated to and from locations determined by the passenger or group of passengers or by a person acting on behalf of the passenger or group of passengers,
• (c)    and includes or excludes any commercial passenger vehicle or type of commercial passenger vehicle prescribed by regulation.

Specific exclusions from the definitions of “inter-city bus” and “passenger directed vehicle” are set out in sections 2 and 3 respectively of the Passenger Transportation.

The Board follows a two-step process to determine whether an exclusion applies to a particular type of commercial passenger vehicle:

1. The Board determines or confirms whether commercial passenger vehicles meet the definitional elements of a PDV or ICB.  If they do, then a special authorization is required unless there is an applicable exclusion. 
   
   
2. The Board reviews the exclusion to determine if one is applicable.

The exclusions listed in section 2 of the regulations only apply to inter-city buses and the exclusions listed in section 3 of the regulations only apply to passenger directed vehicle.

June 28, 2005

Revised

May 28, 2008

To describe how the Board handles constitutional questions (i.e. matters related to the Canadian Charter of Rights and Freedoms).

The Board does not have jurisdiction over constitutional questions (see section 6(3) of the Passenger Transportation Act and section 44(1) of the Administrative Tribunals Act.

The Board does not have jurisdiction to decide constitutional matters, and it does not have jurisdiction to refer constitutional questions to the Court.

Where a constitutional question is raised on a matter that is before the Board, the Board will proceed with the normal Board process, unless an applicant makes application to a Court in the nature of a prohibition to prevent the Board from considering the application.

Where the Board receives notice that such an application has been made to a Court, the Board may adjourn its proceedings pending the outcome of the Court application.

June 28, 2005

Revised

May 28, 2008

To clarify the meaning and use of “new information” as it relates to requests of the Board to reconsider, vary or rescind a previous Board decision under section 21(4)(a) of the Passenger Transportation Act.

Section 21(4) of the Passenger Transportation Act states that the Board may reconsider, vary or rescind any decision made by it if the Board is satisfied that (a) information has become available that was not available at the time the decision was made, or (b) there has been an error in procedure.

Reconsideration procedures are set out in Part F, the “Reconsideration” section of the Board’s Rules of Practice and Procedure.

“New evidence” is evidence that could not have been obtained if a party had made a reasonable effort to get it prior to the decision. 

New evidence is not additional or more evidence (such as more letters from potential service users) that is gathered or created after the Board’s original decision.  The question that anyone requesting reconsideration should ask themselves is:  “If I had made an effort, could I have obtained this evidence before the original decision was made?”

If the Board decides to proceed with a reconsideration request under section 21(4)(a), it will assess the new evidence for relevancy and it will determine what impact, if any, the new information would have on the Board’s original decision.

September 20, 2005

Revised

January 31, 2008; May 28, 2008

To outline the Board’s fleet size review policy.

The Passenger Transportation Act allows the Board to reduce maximum fleet sizes if a licensee consistently fails to operate the full number of vehicles authorized under its terms and conditions of licence. The Board’s Rules of Practice and Procedure outline procedures for fleet size reviews.

Every one or two years, the Board reviews fleet usage (i.e. activated identifiers) against the maximum fleet size authorized in a licensees terms and conditions of licence.   This review progresses through the following steps:

1. List of PDVs Below Capacity. The Board, with the assistance of the Branch, creates a list of PDV licensees that have not, for the past two consecutive licensing years, activated enough vehicle identifiers to reach their maximum fleet size.
   
   
2. Initial Review. The Board undertakes an initial review of the licensees operating below vehicle capacity. The review may entail a consideration of:
   
   
• terms and conditions of licence (as a whole),
  
• duration and degree of under-usage (including periods beyond the past two consecutive licensing years)
  
• type of service being provided supply in an area information on file with the PT Board and the PT Branch information received from a licensee respecting fleet size reviews in the past other relevant information
  
• A background review on a single licensee may result in a decision to take no action in the current year, or it may decide to promote the “background review” to a full “fleet size review.” If a background review concludes with no action taken, the Board does not contact the licensee.
  
  
3. Fleet Usage Review. The Board notifies the licensee that the Board is reviewing its fleet usage of passenger directed vehicles to see whether the maximum fleet size should be reduced.

The onus is on the licensee to provide documentation and information that satisfies the Board that (a) a current public need exists for PDV operation at the level asserted by the licensee and (b) the licensee is capable, within a set and reasonable time period, of activating and operating vehicles at the levels asserted by the licensee.  

If the Board directs the Registrar to amend a licence to reduce the maximum fleet size, the maximum fleet size generally will be not be set lower than the highest fleet usage level in the two licensing years that triggered the review.

May 10, 2007

Revised

May 28, 2008

To outline the Board’s approach to incomplete applications.

The Passenger Transportation Act allows the Board to dismiss an application as having been abandoned if an applicant fails to comply with a Board order or rule of practice and procedure. 

The Board’s “Application Handbook” sets out information requirements for various types of applications.  These are summarized in table form in Appendices D, E, and F of the handbook.

The Passenger Transportation Branch receives applications.  It reviews them to confirm that all required documents and information has been received.  If an application package is incomplete, the Branch notifies the applicant and provides a 30 day time limit for receipt of the information.  If application requirements are not received at the Passenger Transportation Branch within the 30 day time frame, the application is forwarded to the Passenger Transportation Board for its review.

If the Board receives an incomplete application from the Branch, Board staff will write to the applicant indicating:

• (a)    the information that is outstanding
• (b)    a date by which the information must be supplied (usually 2 weeks)
• (c)    notice that if the information is not received within a specified timeframe, the Board may dismiss the application as being abandoned.

If the outstanding information is not received and the applicant has not contacted the Board, the application will be forwarded to a panel member for a decision on whether the application should be dismissed.

May 28, 2008

To provide guidance on making written submissions on applications.

The Passenger Transportation Act states that the Board must consider written submissions filed on time and accompanied by the $50 fee.  Timelines for submissions may vary and are stated when the application is posted on the Board’s electronic “Bulletin”. 

The Board’s Rules of Practice and Procedure has specific procedural rules on submissions.

Submissions may support or oppose an application.  In practice, most submissions are written by competitors who oppose an application.

When reviewing applications the Board considers:

1. whether there is a public need for the service the applicant proposes to provide under any special authorization,
   
   
2. whether the applicant is a fit and proper person to provide that service and is capable of providing that service, and
   
   
3. whether the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia.

The Board member reviewing an application file considers all submissions that meet filing requirements.  The Board expects submitters to state their case and provide factual information to support general statements.  The Board will not speculate as to the submitter’s case.

The Board will give more weight to submissions that (a) relate directly to these considerations and (b) provide the Board with factual information to support or confirm statements. 

The Board may give little weight to irrelevant information and general statements not supported by facts.  For example, a statement that an application should be denied because “there is no public need” is a general statement and does not provide the Board with factual information about the passenger transportation services in an area.

July 14, 2008

Revised

May 28, 2008

To clarify the Board’s policy for handling applications where applicants claim “urgent public need.”

The Passenger Transportation Act, section 25(3), allows the Board to process an application without publication or receipt of submissions if the Board is satisfied that there is an urgent public need for the service proposed in the application.

The Board’s Rules of Practice and Procedure and the “Application Handbook” set out procedural requirements for requests to process an application on the basis of urgent public need.

Processing an application on the basis of urgent public need is an exception to the public process for considering applications.

“Urgent” is relative to the public’s need, not the applicants.  There are limited circumstances where the Board may be satisfied that an urgent public need exists.  Examples may include:

• The only taxi company in town has stopped operating.
• The applicant has negotiated a written contract with an employer, such as a railway company or a postal company, respecting the transportation of company workers, and a copy of the contract has been submitted indicating an imminent start date.
• Other compelling circumstances exist.

Generally, an application comparable to a service being provided by another licensee in the same area does not constitute an urgent public need.  Further, an application to introduce a non-taxi service, such as a limousine service, into an area where no comparable service exists, is generally not considered a circumstance of urgent public need.  

When assessing an applicant’s claim of “urgent public need,” regardless of the circumstances, the Board may consider such things as:

• Whether other licensees are available to provide a comparable service to the public
• Whether there is a real public demand for the service
• How the “urgency” came to exist
• Whether any of the “urgency” was due to the applicants’ delay

If the Board processes an application on the basis of “urgent public need”, it may impose a time limit on the licence that is less than one year and may require an applicant to submit a full application through regular Board processes.

Where the Board denies a claim of urgent public need, an applicant should expect that the application will be returned to the “application queue” so it is processed in the order in which it was initially received by the Passenger Transportation Branch.

July 21, 2004

Revised

February 27, 2008; May 28, 2008

To clarify the status of pending applications if a Passenger Transportation licence is not renewed in accordance with the Passenger Transportation Act.

The Passenger Transportation Act requires licences to be renewed annually unless otherwise specified by the Board.  There is a “7 day slip rule” in cases where the Registrar is satisfied that failure to renew was due to inadvertence.

The Act also enables licensees to apply to transfer or amend licences, add additional vehicles, obtain a temporary operating permit or change rates.

With the exception of new licences, applications must be initiated by a “licensee.”  A licensee is a person who holds a valid licence.  For transfer or amendment of licences, additional vehicles, temporary operating permits or change of rate applications to be processed by the Board, there must at all times be a valid licence in existence.  If a licence is not renewed within the timeframes set out in section 34 of the Passenger Transportation Act, there is no “licensee”.  The pending application dies and cannot be “revived.”  The application will be published as abandoned.

January 19, 2006

Revised

May 28, 2008

To streamline application requirements when a transfer application is administrative in nature.

Under the Passenger Transportation Act, the Board may approve transfer applications if it considers an applicant a fit and proper person and capable of providing service.

 Note: a transfer application is not required when there is an ownership change within a corporation (i.e. change of shareholders).

The Application Handbook sets out the following transfer application requirements that include submission of a

• Transferee business plan,
• Transferee financial statements (i.e. cashflow statement, income statement, balance sheet), and
• Transferee Statement of Passenger Transportation Ownership Interests

Transfer requirements may be streamlined when the Board is satisfied that the transfer application is administrative in nature, i.e. the principals for the transferor and transferee are the same or mostly the same individuals.

Examples of circumstances when an administrative transfer may be possible are:

1. A sole proprietor converts the business to a limited corporation and the proprietor becomes the sole shareholder of the new corporation.
   
   
2. A partner leaves the partnership and the company changes from a partnership to (a) a sole proprietorship, (b) a new partnership or (c) a new corporation.   Streamlined transfer application requirements would apply only where a majority of the original partners continue as principals for the transferee.
   
   
3. One corporation is voluntarily being dissolved and a new corporation is established with the same principals or majority of the same principals.

Administrative Transfer Requirements:

When a transfer is administrative in nature, in addition to meeting the Registrar’s application requirements, transferees must provide a: 

• Transferee Balance sheet, if available, OR
• Transferor Balance sheet (this balance sheet should be current to the most recent full fiscal year)
• Transferee Statement of Passenger Transportation Ownership Interests 

(It is recommended that transferees submit the transferor’s rates and rules in their name; no changes can be made without making a change of rates application.)

The publication period for administrative transfers is 7 days.

After receiving an administrative transfer application, the Board may require additional information or documents before it makes a decision on the application.

November 3, 2006

Revised

May 28, 2008; November 5, 2009

To provide direction on when operators must obtain a licence after the Board approves a special authorization.

Section 28 (2) of the Passenger Transportation Act allows the Board to set terms and conditions of licence if it approves an application. 

The Board considers current public need for a service when it approves a new application, amendments to existing licences or additional vehicles.  To ensure that this public need is addressed, applicants should activate their licence within a reasonable time. 

1. New Licence Approvals
   
   Unless otherwise approved by the Board, a term and condition of licensing will be that an operator puts at least one vehicle into service within one year from the date of the Board’s approval.
   
   If a licensee requires an extension beyond the one year period, it must make a request to the Board before the expiry of the one year activation period.
   
   
2. Approvals to amend an authorization
   
   Unless otherwise specified by the Board, approvals for amendments to licences become effective
   
   
   • (a)    when the applicant meets the requirements of section
      29(1) of the Act, or
   • (b)    when the licence is renewed pursuant to section 34.
     
     
3. Additional Vehicles
   
   Unless otherwise approved by the Board, a licensee must activate all additional vehicle identifiers within 6 months from the date of the Board’s approval of the additional identifiers.  (Note: activation means the paperwork for each vehicle has been submitted to the Registrar.)
   
   If a licensee requires an extension beyond the six month period, it must make a request to the Board before the expiry of the six month activation period.

July 21, 2004

Revised

May 28, 2008

To clarify how terms and conditions of licence for passenger directed vehicles may be established if additional vehicles are requested pursuant to a contract.

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

At times, licensees may submit a contract as evidence of public need.

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

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

November 3, 2006

Revised

May 28, 2008

To describe “engaged carrier authorization.”

The Passenger Transportation Board must approve all authorizations to operate inter-city buses or passenger directed vehicles.  It is contrary to the Passenger Transportation Act to operate a motor vehicle as an inter-city bus or passenger directed vehicle unless authorized under a valid licence.

To cover the limited circumstances where an inter-city bus or passenger directed vehicle licensee requires immediate assistance to manage passenger overflows, the Board may establish an “engaged carrier authorization” as a term and condition of licence.  This authorization will allow other licensees to operate vehicles as inter-city buses or passenger directed vehicles in specific circumstances.    
The Board may consider letters from authorized inter-city bus or passenger directed vehicle operators as proof of need for an engaged carrier authorization.

Specific wording of “engaged carrier authorizations” can be found in the Board’s “Sample Terms & Conditions: for special authorization licences” that is posted on the Board’s website (www.ptBoard.bc.ca)

August 11, 2004

Revised

May 28, 2008

To describe how originating areas (i.e. passenger pick up areas) may be specified and interpreted on terms and conditions of licence.

The Passenger Transport Act allows the Board to establish the terms and conditions of licences for passenger directed vehicles, including originating areas for passengers.

Persons applying for a new or amended licence to operate passenger directed vehicles must specify passenger pick up areas.  These areas must be easily understood by licensees, passengers and enforcement officers.

General

Acceptable ways of stating originating areas include:  municipalities, regional districts, passenger transportation Board licensing districts and highway corridors.

An originating area of “anywhere in British Columbia” will not be accepted.  Electoral area boundaries, improvement districts, water districts or other less common geographic references will not be accepted to define an originating area or destination area.

Highway Corridors – (Preferred approach for communities outside the Lower Mainland)

Most services operate from a hub and its surrounding areas.  Thus, operating areas may be expressed as covering points on a highway corridor between certain communities or other readily identifiable landmarks.  For example, “transportation of passengers may only originate from City X and the surrounding area which extends south to ABC, southwest on Hwy 1 to and including LMN Road, west to Ski Resort, and north to Lotus Land”. 

When an operating area includes reference to a highway corridor, the originating or destination area will include pickup and drop off points at locations and places located on or accessed directly from the specified section of highway. 

Municipalities & Regional Districts

For many existing licences, originating areas are expressed as a “municipality and X number of kilometres from the municipality”. Under such circumstances, using the name of a village, town, city, regional district, or any other identifiable place means an area within the legal boundary of that place.  If a boundary changes, the new boundaries are deemed to apply to any existing licences. 

The Board is discouraging references to municipalities as often the specific boundaries are not readily identifiable.  Therefore, when reviewing an application from an existing licensee, the Board may re-write the originating area using the highway corridor approach outlined above.  Generally, licensees will be given an opportunity to comment on the wording before it is adopted. 

Licence Districts

A number of existing licences define originating areas by “licence districts”.  These are a carry-over from Motor Carrier Commission licensing and have been adopted by the Board.  (The actual boundaries are posted on the Board’s website at: www.ptBoard.bc.ca) As further reviews are undertaken, the Board will review the continued usefulness of licensing districts.

August 11, 2004 (Licence Districts)
November 10, 2004 (Originating Area)
March 1, 2006 (Municipal Boundaries)

Revised and Merged

May 28, 2008

To clarify the meaning of the term road kilometres when used by the Passenger Transportation Board in setting terms and conditions for special authorizations.

The Passenger Transport Act allows the Board to establish the terms and conditions of licences for passenger directed vehicles, including originating areas for passengers. 

Road kilometres may be used to describe:

• (a)    originating areas, or
• (b)    destination areas.

The term “road kilometres” is used to set the maximum distance that a licence holder may travel by highway and by a ferry that crosses a body of fresh water.  It does not include any distance traveled by a ferry that crosses a body of salt water, unless specified by the Board. 

December 15, 2004

Revised

May 28, 2008

To outline the meaning of vehicle capacity and how it is stated in terms and conditions of licence for passenger directed vehicles.

The Passenger Transportation Act & Regulations define a "passenger directed vehicle" as a commercial passenger vehicle that (a) can accommodate a driver and not more than 11 passengers and (b) is operated to and from locations determined by the passenger or group of passengers or by a person acting on behalf of the passenger or group of passengers…

There are 3 general categories of passenger directed vehicles:  taxis; sedan limousines and limousines/shuttles/vans.  A motorcycle may also be a passenger directed vehicle.

Vehicle capacity should be stated in such a way as to give operators flexibility with respect to fleet management yet maintain distinctions among vehicle categories.

• A.     Vehicle Accommodation
  
  Vehicle accommodation is the maximum number of passengers that a vehicle can legally accommodate at any one time. If an operator uses a vehicle with a manufacturer’s carrying capacity of greater than 12 persons and removes any seats or seatbelts, so that the vehicle can only accommodate 11 passengers or less (and a driver), then the vehicle meets the definition of a passenger directed vehicle and a special authorization is required from the Board for its operation.
• B.     Vehicle Capacity Bands for Terms and Conditions of Licence:
  
  Unless the Board specifies otherwise, vehicle capacity on terms and conditions of licence applications approved after implementation of this policy will be in one of the following bands:
  

1. New Applicants
   
   All application summaries will state vehicle capacity in terms of vehicle banding and, if approved, terms and conditions of licence will state vehicle capacity in terms of banding.
   
   Any applications approved after the effective date of this policy will state vehicle capacity in terms of banding unless otherwise specified by the Board.
   
   
2. Existing Licensees
   
   Existing licensees who want to take advantage of the banding policy must submit a “PDV Vehicle Banding Request Form” to the Passenger Transportation Board office in Victoria.  This form is available on the Board’s website at www.ptBoard.bc.ca  Click “information”. There is no fee associated with this form.
   
   If an existing licensee applies for an amendment, additional vehicle or licence transfer, the Board may apply its banding policy to any new terms & conditions of licence issued.

Effective Date

November 10, 2004 (vehicle capacity)
July 5, 2007 (banding)

Revised and Merged

May 28, 2008

To explain Board terms and conditions with respect to specialty vehicles.

Section 28 (2) of the Passenger Transportation Act allows the Board to set terms and conditions of licence if it approves an application.

Some applicants base their applications for passenger directed vehicles on the use of a specific type of vehicle. 

If the Board approves an application in which public need and sound economic conditions are linked to the use of a certain type of vehicle, the Board may establish the use of specialty vehicles as a term and condition of licence.  Examples of specialty vehicles include:

• Accessible taxis or vehicles
• Classic (vintage) vehicles
• Convertibles 
• Four-wheel drive or all-wheel drive passenger vans
• Sedan limousines
• Sport utility vehicles
• Rolls Royce or Bentleys

The Board’s “Sample Terms & Conditions for special authorization licences” sets out the terminology used for some specialty vehicle terms and condition of licence.  This document is published on the Board’s website (www.ptboard.bc.ca).

November 10, 2004

Revised

May 28, 2008

To outline Board policy with respect to express authorization enabling licensees operating passenger directed vehicles to pick up passengers who hail or flag a motor vehicle from the street.

Under the Passenger Transportation Act, a licensee operating passenger directed vehicles may only pick up passengers who flag or hail a vehicle from a street if it has express authorization to do so on its terms and conditions of licence. A “hail” or a “flag” requires some indication on the part of the passenger, or someone acting on behalf of a passenger, that he or she wishes to secure a vehicle for transportation.  An action can be made verbally or by motion.

Unless otherwise approved by the Board, authorization to pick up passengers who hail or flag a motor vehicle from the street will be applied to taxi services. 

November 10, 2004

Revised

May 28, 2008

To clarify the term “Vancouver International Airport” (YVR) as it is used in some terms and conditions of licence.

The Passenger Transportation Act, section 28(2)(a), enables to the Board to establish terms and conditions of licence on Special Authorization licences.

Some taxi and limousine licences permit or prohibit the origination or destination of passengers at the “Vancouver International Airport” (YVR).

YVR is located on Sea Island, in the City of Richmond. Facilities at the airport proper include two parallel east-west runways and one cross-wind runway. Connected International and Domestic terminals serve destinations in Canada, the United States and around the world. The South Terminal serves smaller communities across British Columbia. As well, 3 Canada Line stations are located on Sea Island to serve Vancouver International Airport.

There are also about 360 businesses and organizations located on Sea island as well as airline maintenance, helicopter and executive aircraft facilities, and a floatplane base.

For the purposes of terms and conditions of licence, unless otherwise specified, a reference to the “Vancouver International Airport” should be read as referring to the international, domestic or south terminals of the Airport, together with all Canada Line stations located on Sea Island. It does not refer to other businesses and organizations on Sea Island in the Municipality of Richmond.

This policy clarification is only applicable to terms and conditions of licences approved by the Passenger Transportation Board. Ground transportation at YVR is managed by the Vancouver Airport Authority (YVRA) which may have additional requirements or regulations governing the pick up and drop off of passengers at the Airport.

June 24, 2009

Revised

To outline the Board’s policy goals with respect to accessible taxis.

The Passenger Transportation Act, section 28(2)(a), allows the Board to establish terms and conditions that are to apply to a licence. 

The Passenger Transportation Board sets maximum fleet sizes for passenger directed vehicles and often specifies the mix of accessible and non-accessible taxis.

Whether or not a taxi company has a requirement to operate accessible taxis relates to the historical context of the licence.  Many taxi licences in Metro Vancouver have a certain number of accessible taxis while in other areas of the Province the number of accessible taxis is low.  If the Board has specified that a certain number of vehicles should be accessible vehicles, then there would have been an identified need for this service.  Most accessible taxis are available to any taxi passenger. 

Licensed operators may, on their own initiative, put any number of accessible vehicles into service as long as they meet the vehicle and equipment requirements set out in Division 44 of the Motor Vehicle Act Regulations (“Accessible Taxis”).  Similarly, operators may at any time remove accessible vehicles from service that were put into service on their own initiative.   

The taxi industry is first and foremost a service industry.  Taxis provide their services to the public which includes people who use wheelchairs and other mobility aids.  It is not uncommon for applicants for additional vehicles to apply for accessible vehicles based upon a need to serve persons with disabilities.  Accessible service and non-accessible service should be available to the public on a similar basis.  

The provision of accessible services may involve higher costs to operate.  Licence holders are responsible for integrating costs into their overall business plan.  Board policy is to refuse proposed rates which differentiate between accessible taxis and non-accessible taxis.

In reviewing applications for a new taxi service or additional vehicles in an urban area, the Board may consider matters such as demographics, the number of accessible vehicles in operation and the size of the community. The goal is to have accessible vehicles in operation in urban areas in British Columbia.

If the Board approves an application pursuant to section 28(1) of the Act, the Board may specify as a term and condition of licence that (a) a certain number of vehicles must be accessible taxis and (b) service must be available on a 24/7 basis or during certain hours, depending upon the characteristics of the local community.  This policy applies even if the applicant has not applied for additional accessible vehicles.

February 27, 2008

Revised

May 28, 2008

To set practical vehicle options that enables urban taxi operators to meet the transportation needs of the public while minimizing carbon emissions and operating costs.

The Minister may provide general policy directives to the Board with respect to the exercise of the Board's powers and duties. The Board may establish terms and conditions of licence.

On May 8, 2007, the Honourable Kevin Falcon, Minister of Transportation, issued a general policy directive to the Board for addressing the environmental impact of greenhouse gas emissions from the taxi industry.

In light of this directive and Board deliberations on policy options for minimizing taxicab carbon emissions, the Board first established an eco-friendly taxi policy on May 17, 2007.

Originally, the identification of a vehicle as “eco friendly” for the purposes of this policy was contingent on a series of benchmarks and criteria established by government departments. The Board is now updating its original policy to clarify which vehicles it considers to be an eco-friendly vehicle. The policy update uses combined fuel consumption ratings to identify eco-friendly vehicles.

If the test, as set out in section 28(1)(a) – 28(1)(c) of the Act is met, and the Board approves a taxi application that increases the supply of taxis in Metro Vancouver or the Capital Regional District, the vehicles must be eco-friendly unless they are accessible taxis.

“Eco-friendly vehicles” include any vehicles, 2006 model year or newer that meet any one of the following criteria:

• any motor vehicle with a CFCR of 6.8 litres per 100 km or less
• any “special purpose vehicle” (i.e. SUV) or “full size” vehicle with a CFCR of 8.0 litres per 100 km or less, or
• any “van” or “minivan” with a CFCR of 10.1 litres per 100 km or less.

For the purposes of this policy, combined fuel consumption rating (“CFCR”) is determined by adding 55% of the vehicle's city fuel consumption rating to 45% of the vehicle's highway fuel consumption rating. These calculations are based on data submitted by each vehicle's manufacturer to Transport Canada's Vehicle Fuel Efficiency Information System. Fuel consumption data is published by vehicle manufacturers and Natural Resources Canada.

This policy applies to:

• All licensees included in Appendix A of the “Board Rule Respecting CRD Taxicab Rates”.
• All licensees that have authorization to pick up passengers in Metro Vancouver and are listed in Appendix A of the Board Rule Respecting Lower Mainland Taxicab Rates.

May 16, 2007

Revised

July 11, 2007; Jan. 31, 2008; May 28, 2008; December 10, 2008

To establish requirements respecting sedan limousines and eco-friendly sedan limousines.

Sedan limousines and sedan taxicabs are comparable in that they both have a seating capacity that can accommodate up to 5 passengers plus the driver. These vehicles are used to provide separate and distinct services, with distinctions reflected in the Passenger Transportation Act and PT Board policies. For example, minimum hourly rates and wheelbase requirements for sedan limousines reflect luxury standards and vehicle styles that are generally expected when hiring a limousine service. Such distinctions prevent confusion in the marketplace, facilitate the provision of appropriate transportation services, and promote sound, economic conditions in the provincial passenger transportation business.

The Board also supports measures taken to reduce greenhouse gas emissions in all transportation sectors. Thus, the Board is expanding the scope of the sedan limousine definition to include some smaller eco-friendly vehicles.

The Passenger Transportation Board defines “sedan limousine” and “eco-friendly sedan limousine” as set out below.

A “sedan limousine” is:

1. a motor vehicle that has 4 passenger doors and a closed body, bears a National Safety Mark or Compliance Label as a passenger car under the Canada Motor Safety Act, and has a wheelbase of not less than 113 inches, or
2. an eco-friendly sedan limousine.

An “eco-friendly sedan limousine” is a motor vehicle that has 4 passenger doors and a closed body, bears a National Safety Mark or Compliance Label as a passenger car under the Canada Motor Safety Act, and

1. has a wheelbase of not less than 112 inches,
2. has a gasoline-electric hybrid motor or a bio-diesel motor,
3. has a manufacturer’s suggested retail price (MSRP) of not less than $50,000 Canadian, and
4. the vehicle is not more than 24 months old when the licensee first requests a vehicle identifier from the Registrar.

July 9, 2008

Revised

July 14, 2008, July 31, 2008

To provide direction on when the Board would consider a temporary fuel surcharge for taxis in British Columbia.

Under the Passenger Transportation Act the Board may approve or set rates charged by a licensee operating passenger directed vehicles.

The Board monitors prices for unleaded gas using weekly pump survey data from www.mjervin.com. The Board uses the average price for five cities in British Columbia: Vancouver, Victoria, Prince George, Kamloops and Kelowna.

1. Every week, the Board monitors the average price for unleaded gas across five cities in British Columbia.
   
   
2. The Board will consider implementing a temporary fuel surcharge after the price of unleaded gas is more than 30% higher than the annual average for unleaded gas in the year that was last used to implement a Taxi Cost Index or a Temporary Fuel Surcharge.
   
   
3. After reaching the surcharge review threshold, the Board will consider whether it will implement a temporary fuel surcharge and what the amount of any surcharge should be.   The Board may consider the following factors when deciding these matters:
   
   
• the timing of the last TCI increase and potential timing for a future TCI
• types of fuel used by vehicles
• the percentage of fuel costs incurred relative to overall operating costs
• any other factor that the Board considers applicable.
  
  
4. Any temporary fuel surcharge will remain in effect until the Board decides to end or vary it due to a significant change in fuel prices or the Board orders a rate change for a specific class of vehicles.

May 28, 2008

To ensure that metered rate changes are transparent to the public.

When flag, distance and waiting time rates are adjusted on a taxi meter, only the change in flag rate is immediately apparent to passengers. Most applications for a change in metered rates include changes to flag, distance and wating time rates.

Applications for any change to a metered taxi rates must include a change to the flag rate.

July 9, 2008

To clarify that taxi operators may not charge for the transportation of a passenger’s personal baggage.

Under the Passenger Transportation Act, the Board may approve or set rates charged by a licensee operating passenger directed vehicles.  Under the Act “rates includes discount fares, deadhead charges, round trip fares, point-to-point fares, minimum charges, and any other fees or charges.”

The Motor Vehicle Act Regulations provides a definition of “freight” that expressly excludes “a passenger’s personal baggage.”  Freight and charges for freight are not subject to regulation under the Passenger Transportation Act.  However, anyone carrying freight for compensation may be subject to other legislation and bylaws. 

The Motor Vehicle Act Regulations defines "accessible taxi" as a taxi having a gross vehicle weight rating of not more than 4 500 kg, which is designed and manufactured or converted for the purpose of transporting persons who use mobility aids.  It also defines “mobility aid” as a device, including a manual wheelchair, electric wheelchair and scooter, that is used to facilitate the transport, in a normally seated orientation, of a person with a physical disability.

Taxi operators must charge Board-approved rates whenever they are providing transportation for passengers. For the purposes of this policy, passenger transportation includes the transportation of passengers and any personal baggage. Personal baggage includes items such as luggage, parcels and equipment that would fit in the trunk of a mid-sized, sedan-style taxicab. In circumstances where it is difficult to determine whether an item is personal baggage or freight, the presumption should be that it is personal baggage. No extra fees may be charged for the transportation of personal baggage, mobility aids or assistance dogs.

July 15, 2009

To clarify the “harmonization” and “equalization” options for establishing common taxi rates in the same geographical area.

Under the Passenger Transportation Act, the Board may approve or set rates charged by a licensee operating passenger directed vehicles.

The Board seeks to preserve the ability for a taxi licensee to propose rates that will enable it to provide a safe and reliable transportation service for passengers.  At the same time, the Board is generally supportive of licensee efforts to establish or maintain common rates among companies operating in the same area.  For licensees in the same area to establish common rates, they must make a “rates harmonization” request, or submit a Change of Rates application that includes a “rates equalization” rationale. 

Rates Harmonization
Rates harmonization is a process where the current rates of two or more taxi companies are weighted and averaged.   “Rates harmonization” requests are sent by licensees directly to the Board.  A rationale for the harmonization request must be included.   If the request is accepted, the rates of two or more companies will be weighted and averaged to derive a common rate.  The rates of some companies may decline,  and the rates of others may increase.  Where less than 100% of the affected companies have requested rates harmonization, the Board may provide the other companies with an opportunity to comment and indicate whether they wish to participate.

Rates Equalization
Rates equalization is a request for parity with the rates of one or more other licensees in the area.  A Change of Rates application must be sent to the Passenger Transportation Branch to propose “rates equalization” and establish parity with the rates of other licensees in an area.  Applicants must include a rationale for the equalization request, along with an indication of whether other licensees in the area support the request. 

Changes to Common Rates
If a common rate is in effect in an area, an individual licensee may make a change of rates application to establish its own rates.   In addition to normal requirements that apply to  a “change of rates” application, applicants must provide a rationale and supporting documentation for charging rates that are higher or lower than the common rate.  

July 15, 2009

To outline Board policy when making decisions on appeals from a decision of the Registrar to impose administrative penalty

Under the Passenger Transportation Act, the Board may confirm or rescind an administrative penalty imposed by the Registrar of Passenger Transportation.

The Act does not set out specific criteria to guide the Board’s exercise of discretion with regard to appeals. 

The Board must exercise its discretion having regard to the objects of the Act.  This requires consideration of public need, fitness to provide services, and the promotion of sound economic conditions in the passenger transportation business in this province as well public safety.  In addition, the Board will consider any relevant factors that the appellant raises with regard to this appeal.  Other relevant factors may include any statements of principles made public by the Registrar of Transportation that relate to the imposition of administrative penalties on matters such as:

• the harm or risk caused by a contravention
• frequency, length of time and severity of contraventions
• prior enforcement actions
• extent to which a contravention is deliberate
• benefits that the person may derive from an act of contravention

September 12, 2007

Revised

May 28, 2008