Application Decision (Taxi - Amendment)
Urgent Public Need Request
Application #
Trade Name (s)
Principals
Address
Applicant’s
Representative
Current Licence
Application
Summary
Board Decision
308-14UPN Applicant Newton Whalley Hi Way Taxi Ltd.
Newton Whalley Hi Way Taxi
ALI, Aamir
BHULLAR, Jatinder Singh
BOLA, Kuldip Singh
GREWAL, Avtar Singh
KHARBAR, Tarsem Singh
PARMAR, Sukhdip
PARMAR, Narinder Singh
107 – 13119 84th Avenue, Surrey BC V3W 1B3
William McLachlan, McLachlan Brown Anderson
70974 (copy attached)
• Add service limitation for Canada Post contract clause
A. The panel is satisfied that there is an urgent public need for
the service proposed in this application.
The licence amendment is approved in whole.
Decision Date
Panel Chair
November 25, 2014
Spencer Mikituk
I. Introduction & “Urgent Public Need” Request
This is an application from Newton Whalley Hi Way Taxi Ltd. dba Newton Whalley Hi Way
Taxi (Newton Whalley), located in Surrey, British Columbia, who provides, in addition to
taxi services, crew transport services under contract to Canada Post Corporation (Canada
Post). Newton Whalley holds a Special Authorization (Taxi) licence 70974.
Under its Special Authorization (SA), Newton Whalley may operate at any time 63 vehicles
of which a maximum of 52 may be conventional taxis with a seating capacity of a driver and
Page 1
not less than 2 and not more than 7 passengers. All other vehicles are accessible taxis.
There is also a Vancouver International Airport (YVR) contract provision that allows
Newton Whalley to operate up to an additional 7 vehicles provided an arrangement is in
place with YVR Authority for operation of 16 taxis or more at the Airport. Newton Whalley
is operating the additional 7 vehicles pursuant to that YVR contract provision.
Newton Whalley proposes the following licence amendment:
•
•
To provide transportation under contract for Canada Post and add the following
“Service 1 (b) Limitation: Service may only be provided to persons employed or
engaged by Canada Post and only when the licensee has a written transportation
service agreement with Canada Post or its broker or agent to provide ongoing
crew transportation.”
To add a new contract service area originating from any point in the City of
Surrey, District of Delta and City of White Rock and destination in the City of
Surrey, District of Delta and City of White Rock.
William A. McLachlan is acting counsel for Newton Whalley for this application.
Counsel is asking the Board to process this application on the basis of “urgent public need”.
Counsel states that Newton Whalley and a number of other lower mainland taxi companies
were of the impression that sending copies of their Canada Post contracts to the PT Branch
was all that was required to service the contract. Canada Post traditionally has negotiated
rates at a discount from the metered taxi rate. Hence, Newton Whalley and several other
taxi companies are now in non-compliance. Contracts that differ from current taxi tariffs
require a licence amendment application approved by the PT Board. Taxi companies who
negotiate service contracts cannot offer or collect discounts on rates unless they have a
service limitation for “crew transportation” on their terms and conditions of licence.
II. Relevant Legislation & Board Policy
Division 3 of the Passenger Transportation Act (the “Act”) applies to this application.
The Act requires the Registrar of Passenger Transportation to forward applications for
Special Authorization licences to the Passenger Transportation Board (Board).
Page 2
Application Decision
Passenger Transportation Board
The Act also requires the Board to publish notice of applications and consider submissions.
If the Board is satisfied that there is an “urgent public need for the service proposed in the
application” it does not need to publish the application or consider submissions.
Section 28(1) of the Act says that the Board may approve the 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.
III. Reasons
I will first examine the matter of “urgent public need”. If I find that there is an urgent
public need for the service, I will then consider the applicant’s fitness and whether
approval of the application will promote sound economic conditions in the transportation
business.
If I do not find that there is an “urgent public need” for the service, the application will be
published and proceed through the regular process.
1. Is there an urgent public need for the service proposed in the application?
Board Policy
“Urgent” is relative to the public’s need, not the applicants. It is an exception to the public
process for considering applications. Applicants are expected to demonstrate to the board
that there is an urgent public need for the application to be processed without notice or
consideration of submissions.
In considering “urgent public need” the board may consider such things as:
Page 3
Application Decision
Passenger Transportation Board
•
•
•
•
Whether other licensees are available to provide the 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.
Counsel for Newton Whalley has provided the following information and evidence to
support a UPN claim:
•
•
•
•
•
•
The current Canada Post contract with Newton Whalley is in place until December
31, 2014, and has been operational since July 1, 1999. Since 1994, Newton Whalley
has had ongoing contracts with Canada Post. The current agreement is coming up
for tender.
There are 64 Canada Post trips per day for Newton Whalley. A minimum of 4 to 5
taxis are required to service these trips.
Current month/annual revenues represent a significant amount.
Newton Whalley will be in breach of contract with Canada Post if there is any
service interruption.
This service is not offered to the public at large.
When operating under the Canada Post contract here is no competition with other
transportation companies.
The Board recognizes that contracts for the transport of railway, ship or airplane crews as
well as postal employees or other specified groups are significant to the taxi industry. The
Board has also noted that these contracts are negotiated between the parties and the rates
reflect these negotiations. When it introduced the policy change for contract clauses, it
noted that: The Board has reviewed this policy and concluded that the filing and approval
of such contracted rates imposes an unnecessary regulatory requirement on industry and
is not an efficient use of resources. The policy applies only to transportation services for
crews, employees and company contractors (generally referred to as “crew transport”)
when the services and rates are provided and charged under contract between the parties.
(Industry Advisory, September 2007, amended October 24, 2007).
Page 4
Application Decision
Passenger Transportation Board
Rule 45 of the Board’s Rules of Practice and Procedure codifies this policy change and says
that approval of contract rates for crew transportation is not required by the PT Board if:
(a) There is a valid, current written contract for crew transportation between a licensee
and a company or its agent; and
(b) The licensee’s conditions of licence have a service limitation specifying that crew
transportation service may only be provided if there is a current, valid contract between
the licensee and, or on behalf of, a specified organization.
Newton Whalley has supplied sufficient information and evidence to show that a revision
of their licence Terms and Conditions is required to be competitive in the Canada Post
contract tendering process. This is a business to business arrangement. Canada Post has
workers that require daily transport and require a service that can accomplish this task.
The end result is that a public need exists for this service. Newton Whalley has satisfied me
that there is a public need for its proposed service.
Therefore, I will consider this application on the basis urgent public need.
(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 its 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 are expected to show that they have the resources and skills to manage the
service that want to operate. The Board gets much of this information from business plans
and financial statements.
Page 5
Application Decision
Passenger Transportation Board
Newton Whalley has been operating in Surrey and the adjoining Service Areas since 1941.
Since Newton Whalley’s inception its taxi fleet has grown to 70 vehicles. The applicant’s
National Safety Code certificate is in good standing.
The disclosure forms of Unlawful Activity and Bankruptcy and Passenger Transportation
Ownership were completed to the satisfaction of the Board. There has not been any
information brought to my attention to prove the directors are not fit and proper.
If this application were approved, there will be no change as to who is in care and control of
the operation or vehicles.
I note that the file from the Passenger Transportation Branch contained information
regarding one complaint. This matter was closed by the Branch and no administrative
penalties were imposed.
I have determined that the applicant’s oversight in not obtaining the necessary service limitation
for contract rates is not, in and of itself, a barrier to this application approval.
However, the Board expects an applicant to monitor its operations closely to ensure that its
compliance systems are in order. The Board may at any time initiate a fitness review if a
licensee’s fitness may be in question.
Newton Whalley has previously been deemed fit, proper and capable in order to obtain and
maintain its licence. Newton Whalley has its infrastructure in place and is an established
taxi operator with a history of running a viable taxi service.
From the evidence provided, I find that the applicant is fit, proper and capable of providing
the proposed new contract service.
(c)
Would the application, if granted, promote sound economic conditions in the
passenger transportation business in British Columbia?
There are many markets for transportation services. A healthy, competitive industry
provides the public with service options while enabling successful operators to run a
successful business.
Page 6
Application Decision
Passenger Transportation Board
Application materials have demonstrated that a need exists for the additional service that
is being applied for. Given the nature of this business, it would appear that Newton
Whalley is not encroaching to any significant extent, if at all, on business from other service
providers in the area. This is essentially a business to business arrangement. Approving
this application would promote sound economic conditions in the passenger transportation
in British Columbia.
IV. Conclusion
For the reasons above, this application is approved in whole.
I establish the activation requirements and the terms and conditions of licence that are
attached to this decision as Appendix I. These form an integral part of the decision.
Page 7
Application Decision
Passenger Transportation Board
Newton Whalley Hi Way Taxi Ltd.
Appendix I
Licence Required
to Operate
Vehicles
Special
Authorization
The Registrar of Passenger Transportation must issue the applicant a
licence before the applicant can operate any vehicles approved in this
decision.
Passenger Directed Vehicle (PDV)
Terms & Conditions:
Vehicles:
1. At any time – 63 motor vehicles of which a maximum of 52 may be
conventional taxis. All other vehicles are accessible taxis.
Maximum Fleet
Size:
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:
Page 8
Total “airport
licenses”
approved by the
VIAA
(or its agent)
Additional
Vehicles
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.
Application Decision
Maximum Fleet Size
Passenger Transportation Board
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.
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:
A driver and not less than 2 and not more than 7 passengers.
Services
Service 1(a):
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 1 (b):
The following terms and conditions apply to Service 1 (b):
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 only terminate at any point in the City of
Surrey, District of Delta and City of White Rock.
Service Limitation:
Service may only be provided to persons employed or engaged by Canada
Post and only when the licensee has a written transportation service
agreement with Canada Post or its broker or agent to provide ongoing crew
transportation.
Page 9
Application Decision
Passenger Transportation Board
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.
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:
Destination Area:
Page 10
•
along Highway 99 north to Britannia Beach
•
in the Greater Vancouver Regional District north of the Fraser River
and west of the Pitt River
•
in the Greater Vancouver Regional District south of the Fraser River
and west of and including the City of Surrey
Transportation of passengers must terminate at any point on the Canadian
National Railway Company rail line:
•
along Highway 99 north to Britannia Beach
•
in the Greater Vancouver Regional District north of the Fraser River
and west of the Pitt River
•
in the Greater Vancouver Regional District south of the Fraser River
and west of and including the City of Surrey
Application Decision
Passenger Transportation Board
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 west property line of
Main Street from Burrard Inlet to National Avenue; the projection westward of
the north property line of National Avenue from Main Street to False Creek; the
north shoreline of False Creek from National Avenue to the extension
southward of the west property line of Burrard Street; the west property line of
Burrard Street from False Creek to Robson Street, the south property line of
Robson Street from Burrard Street to Denman Street, the west property line of
Denman Street from Robson Street to Georgia Street; the south property line
of Georgia Street from Denman Street to Chilco Street, the east property line of
Chilco Street and its extension north from Georgia Street to Burrard Inlet;
Burrard Inlet from Chilco Street to Main Street. (See attached map.)
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.
Other
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 eleven (11) 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.
Page 11
Application Decision
Passenger Transportation Board
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 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.
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.
Taxi Identification On or before June 16, 2014, each vehicle operated by the licensee must have
Code: a unique taxi identification code (TIC) affixed to the inside and outside of the
vehicles in a manner that complies with applicable rules, specifications and
orders of the Passenger Transportation Board.
Transfer of a
licence:
Page 12
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.
Application Decision
Passenger Transportation Board