Operational policies | Passenger Transportation Board

I: Understanding legislation

I.2 Records, information & reports

Purpose

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

Legislation

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

on a set time schedule
1. between a prescribed municipality and another location outside the municipality, whether in British Columbia or not, or
2. between a location in a prescribed regional district and another location inside or outside the prescribed regional district, whether in British Columbia or not,
for individual fares,
over a regular route, and
between fixed terminating points, picking up or dropping off passengers at intermediate points as necessary,

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

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

can accommodate a driver and not more than the number of passengers prescribed by the regulations, and
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,

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 Regulation.

Policy

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 ICB or PDV exclusions to determine if one is applicable.

Effective date

June 28, 2005

Revised

May 28, 2008
March 31, 2016

I.4 Constitutional questions

I.5 Reconsideration based on new information & error in procedure

Purpose

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

Legislation

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.

Policy

“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?”

The purpose of “new evidence” is to allow the Board to consider evidence that was unavailable at the time the application was decided. It is not to provide applicants with an opportunity to submit more information to correct or rectify an unsuccessful application.

“Error in procedure” relates to the Board’s duty of administrative fairness. The Board has a duty to act fairly and impartially in making its decisions. An error in procedure occurs when the Board does not act fairly. Procedural fairness relates to the Board’s decision making process, not to the outcome of the decision. Disagreement with the Board’s analysis or reasons does not give rise to an “error of procedure".

The Board has developed Rules of Practice and Procedure to outline its processes. Although the Board may vary a rule or timeline “where appropriate in the circumstances”, these rules are normally followed by the Board. Failure to follow a Rule may give rise to an error of procedure.

Effective date

September 20, 2005

Revised

January 31, 2008
May 28, 2008
March 31, 2016
August 11, 2016

II: Application matters

II.1 Written submissions

Purpose

To provide guidance on making written submissions on applications.

Legislation

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 “Weekly Bulletin”.
A person making a submission does not become a party to the application process.

Context

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:

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

Policy

The Board member reviewing an application file considers all submissions that meet filing requirements.

The Board expects submitters to tell the Board why they support or object to an application. Submitters should provide factual information to support general statements. The Board will not speculate as to a submitter’s case.

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

The Board may give little weight to irrelevant information or 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. It does not provide the Board with factual information or evidence about why there is not public need.

Effective date

July 14, 2008

Revised

May 28, 2008
March 31, 2016

II.2 Urgent public need (UPN)

II.3 Administrative transfer applications

II.4 Submitting social media information

Purpose

To clarify the use of social media as evidence in Board decision-making

Legislation

The Passenger Transportation Board makes decisions on a variety of applications related to the operation of passenger directed vehicles and inter-city buses.

Context

The Board makes evidence-based decisions. Evidence is information provided to the Board by applicants or submitters to establish their case. Evidence must be reliable, relevant and probative, i.e. capable of proving a fact. Evidence must be capable of being tested and verified.

Policy

Social media has become a major source for public opinion and impromptu expression. Whether it is relevant to an application before the Board will depend upon its probative value. Social media evidence, like other evidence, must be capable of being tested and verified.

The Board will review the social media posts and decide what weight they should receive. Quantity does not necessarily equate to relevancy or reliability. More trustworthy and probative evidence will receive more weight.

In reviewing public need, the Board finds specific information from individuals about their use of a passenger directed vehicles – how often, when, where, service quality experience – than petitions, form letters or general social media posts.

The Board expects applicants (or submitters) to analyze information and tell the Board what it shows or proves. Reams of raw data, such as strings of posts, may not be meaningful to the Board. Putting raw data into a table or chart may show trends or common responses. A sample of the raw data should also be provided for reference

The Board must know the identity of people who post on social media sites in case it has follow-up questions. When social media evidence is submitted, the person who submits it is expected to document and authenticate it. The Board does not accept unsolicited social media posts.

To document social media evidence, persons submitting such evidence should provide the following:

A complete copy of the material being submitted (in writing or electronically)
The date the material was retrieved
The URL from where the material was retrieved
The identity and contact information for the persons who wrote the text, tweet, post or other social media comment, and
A copy of notice to the people whose social media texts, tweets, posts or other social media comments are being submitted advising them that the information is being disclosed to the Board as part of its consideration of a specific application and may be treated as public information.

Effective date

April 4, 2012

Revised

October 21, 2015
March 31, 2016

II.5 Festive season TOPs

II.6 Information requests & Freedom of Information and Protection of Privacy Act (FIPPA)

Purpose

To clarify how FIPPA requests are managed in the context of the Passenger Transportation Act (PTA) and Board processes

Legislation

FIPPA sets out the access and privacy rights of individuals as they relate to the public bodies, such as the PT Board. FIPPA applies to records in the custody or under the control of public bodies. Access to information is provided except where release of that information is prohibited by FIPPA or its release would cause a specific harm.

Section 22 of FIPPA protects personal information. Section 21 of FIPPA protects disclosure harmful to business interests of a third party. For section 21 to apply, information must be supplied, implicitly or explicitly, in confidence.

Section 61(2) of the Administrative Tribunals Act (ATA) states that FIPPA does not apply to information received by the tribunal in a hearing or part of a hearing from which the public, a party or an intervener was excluded.

FIPPA also sets out timelines for responding to requests. Generally, requests must be processed in 30 business days.

The PTA sets out Board procedural authorities and how applications are to be considered. Section 27 states that submitters do not have a right to further disclosure of information.

Context

The Board publishes summaries of applications, not complete application packages.

The Board sometimes receives FIPPA requests from submitters or other interested parties for access to all application materials before the submission period ends, which is much shorter than the 30 business days permitted by FIPPA.

Policy

The Board will process FIPPA requests within the timelines specified in FIPPA. FIPPA requests will not be given priority over other Board operations to meet submission timelines. Neither will FIPPA requests be delayed unnecessarily. FIPPA requests are one of many activities that the Board must undertake.
Generally, section 21 of FIPPA does not apply to application materials as the information is not considered as submitted in confidence.
Information severed under section 61 of the ATA is the type of information that is set out in the Board’s Rule 17 “Confidential Information from the Applicant”.
The Board may provide PTA applicants with notice of the FIPPA requests and provide them with an opportunity to comment on the material that will be disclosed.
Rule 13 (Late Submissions) of the Board’s Rules applies people who receive disclosure under FIPPA and who then want to make a submission on the application.
Rule 16 (supplemental submission) applies to submitters of record who want to make additional submissions as a result of receiving disclosure under FIPPA

Effective date

March 31, 2016

II.7 Peak season TOPs for limousines

Purpose

To increase the availability of limousines to respond to seasonal spikes in demand for limousines.

Legislation

Section 38(2) of the Passenger Transportation Act says that the Board may approve an application for a temporary operation permit (TOP) if the Board considers that there is an urgent and temporary need for a licensee to increase the number of motor vehicles that may be operated under the licence.

Context

The Board recognizes that limousine operators provide a discretionary service. As such, they often experience spikes in demand at various times of the year. These spikes may occur during the festive, grad, ski or summer season. To meet cyclical, seasonal demands and serve their client base, operators may need to increase their fleet temporarily. For this reason, the Board is implementing a TOP application process for Peak Season Temporary Operating Permits (“PS TOPs”) for limousines that:

Allows limousine licensees to respond to seasonal increases in the need for limousine services
Streamlines regulatory practices and procedures

Municipalities and other agencies or organizations may have additional requirements with which limousine companies must comply.

Policy

Generally, the Board will accept that PS TOP applications are required to address a temporary and urgent need for more limousines.

(a) PS TOPs may be “cumulative”. In any calendar year, a licensee may apply for a maximum of one of the following PS TOP timeframes:

3 -30 day PS TOPS,
1- 60 day PS TOP and 1 -30 day PS TOP, or
1 – 92 day PS TOP.

(b) The calendar year starts on January 1st.

(d) In any calendar year, the latest date to start a PS TOP is

December 9th for a 30 day permit
November 9th for a 60 day permit
October 8th for a 92 day permit

(e) The maximum number of vehicles permitted for a PS TOP time frame is:

Fleet size	Number of PS TOP vehicles permitted
1-10	1
11-23	up to 2
24+	up to 3

(f) Licensees must indicate the maximum number of vehicles they are requesting when they submit a PS TOP application.

(g) Originating areas for PS TOPs will be the same as those on the applicant’s licence.

(h) Vehicle capacity and type may be different on a PS TOP than on a licence; however the Board may limit the number of sedan limousines at any time in an area.

(i) This policy applies only to those licensees who must charge hourly rates pursuant to the Board’s Minimum-Maximum Rates and Standard Rules for Limousines in BC.

(j) Fees for PS TOP applications are the same as regular TOP applications.

(k) TOP requests outside the PS TOP parameters must be submitted through the regular TOP process where corroborating evidence of “temporary and urgent need” is required.

Licensees must manage bookings accordingly and should not expect TOPs over and above PS TOPs unless appropriate supporting data is provided. See Reference Sheet 17.

With any regular TOP or PS TOP application, a panel member may require an applicant to submit more information, or may refuse an application if circumstances, including applicant fitness, warrant a refusal.

Effective date

July 27, 2016

III: Terms & conditions of licence

III.1 Activation of licences

Purpose

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

Legislation

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

Context

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.

Policy

A. New licence, transfers (PDVs)
An applicant must activate at least 50% of the vehicles approved in a decision within 6 months of the date of this decision.

Unless the Board orders otherwise, if no vehicles are activated, the Board’s approval of the Special Authorization expires
If less than 50% of the vehicles are activated within the 6 month period, the outstanding vehicles cannot be activated after the 6 month period without Board approval.

If an applicant requires an extension beyond the 6 months, it must make a request to the Board before the end of the 6 month activation period.

B. Additional vehicles (PDVs)
The licensee must activate the additional vehicles within 6 months of the date of the decision. Any additional vehicles that have not been activated within 6 months are no longer approved and the maximum fleet size on the licence is reduced accordingly unless the Board orders otherwise.

C. New licence, transfers (PDVs) – Urgent public need applications
An applicant must activate at least 50% of the vehicles approved in a decision within 60 days of the date of this decision.

Unless the Board orders otherwise, if no vehicles are activated, the Board’s approval of the Special Authorization expires
If less than 50% of the vehicles are activated within the 6 month period, the outstanding vehicles cannot be activated after the 6 month period without Board approval.

If an applicant requires an extension beyond the 60 days, it must make a request to the Board before the end of the 60 day activation period.

D. Additional vehicles (PDVs)- Urgent public need applications
The licensee must activate the additional vehicles within 45 days of the date of the decision. Any additional vehicles that have not been activated within 45 days are no longer approved and the maximum fleet size of the licensee is reduced accordingly unless the Board orders otherwise.

E.    New licence, transfers (ICBs)
An applicant must activate at least 1 vehicle within 6 months of the date of this decision.
If an applicant requires an extension beyond the 6 months, it must make a request to the Board before the end of the 6 month activation period.

F.     New licence, transfers (ICBs) – Urgent public need applications
An applicant must activate at least 1 vehicle within 60 days of the date of the decision.
If an applicant requires an extension beyond the 60 days, it must make a request to the Board before the end of the 60 day activation period.

G. Approvals to amend an authorization
Unless otherwise specified by the Board, approvals for amendments to licences become effective

when the applicant meets the requirements of section 29(1) of the Act, or
when the licence is renewed pursuant to section 34.

Effective Date

July 21, 2004

Revised

May 28, 2008
March 12, 2012;
March 31, 2016

III.2 Contracts & additional vehicles

III.3 Engaged carrier authorization

III.4 Originating areas (PDVAs)

Purpose

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

Legislation

The Passenger Transport Act allows the Board to establish the terms and conditions of licences for, including originating areas for passengers, for licences that include a passenger directed vehicle authorization.

Context

Persons applying for a new or amended licence to operate vehicles under a licence with a Special Authorization: Passenger Directed Vehicle Authorization must specify passenger pick up areas. These areas must be easily understood by licensees, passengers and enforcement officers.

Policy

General
Acceptable ways of stating originating areas include: municipalities, regional 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 road 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.
If the term “road kilometres” is used to describe an originating area, it means 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.
When reviewing an application from an existing licensee or new applicant, the Board may re-write the originating area using the highway corridor or regional district approach. Generally, licensees will be given an opportunity to comment on the wording before it is adopted.

Transportation network services
The Board has established regions for persons applying for a new or amended licence to operate vehicles under a licence with a Special Authorization: Transportation Network Services Authorization. These are found in the Transportation Network Services Application Package(222 KB).

Effective date

Merged Policies:
August 11, 2004 (Licence Districts)
November 10, 2004 (Originating Area)
March 1, 2006 (Municipal Boundaries)
March 31, 2016 (Road Kilometres)

Revised

May 28, 2008
March 6, 2013
March 31, 2016
May 22, 2020

III.5 Vehicle capacity & banding

Purpose

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

Legislation

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, (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) with perimeter seating, regardless of how many passengers the commercial passenger vehicle can accommodate.

Context

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.

Policy

A. Vehicle accommodation
Vehicle accommodation is the maximum number of passengers plus a driver 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 will be in one of the following bands:

T	Vehicles must be able to accommodate a driver and not less than 2 passengers and not more than 7 passengers.	Taxis Vehicle operations would be classified as a taxicab if licensees: a) Charge metered rates and have Board authorization to use a taxi meter, or b) Charge non-metered rates and have a licence that contains express authorization to use a top light or pick up hails and flags from the street, and operate one or more vehicles that carry no more than 7 passengers.
SL	Vehicle must be able to accommodate a driver and not less than 3 passengers and not more than 5 passengers.	Sedan Limousines Vehicles must bear a National Safety Mark or Compliance Label as a passenger car under the Canada Motor Safety Act that has 4 passenger doors, a closed body and a wheel base of not less than 113 inches (287.02 cm).
LV	Vehicle must be able to accommodate a driver and not less than 6 passengers and not more than 11 passengers.	Large Vehicles E.g. Limousines, larger passenger vans, sport utility vehicles, etc.
PSB	Vehicle accommodates A driver and 12 passengers or more.	Perimeter Seating Buses E.g. super stretch limousines and limousine buses
M	Vehicles must be able to accommodate a driver and not less than 1 passengers and not more than 2 passengers.	Motorcycles Vehicle must be a motorcycle as defined by the Motor Vehicle Act.

Note

Vehicle capacity focuses on the seating capacity of the vehicle, not on the actual number of passengers that a licensee transports at any one time.
Unless otherwise stated on the terms & conditions of licence, the number of passengers that a licensee transports ranges from 1 to the maximum number of passengers that a vehicle may legally carry.

Effective date

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

Revised & merged

May 28, 2008

Revised

March 31, 2016

III.6 Specialty PDV vehicles

III.7 Definition of Vancouver International Airport

III.8 Definition of Vancouver

IV: Vehicles

IV.1 Accessible taxis

Purpose

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

Legislation

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

Context

The taxi industry is first and foremost a service industry. Taxis provide service for the general public. This includes people with disabilities and those who use wheelchairs or other mobility aids.
Accessible and conventional taxi services should both be available to the public. Wheelchair accessible taxis that a licensee operates should be managed and dispatched on a priority basis so the transportation needs of people mobility devices are adequately met.

Vehicle minimums and options
Licensees may, on their own initiative, operate any number of the taxis in their fleet as wheelchair accessible vehicles. Any wheelchair accessible vehicle must meet vehicle standards set out in Division 44 (“Accessible Taxis”) of the Motor Vehicle Act Regulations.

Applications to increase taxi availability
When an applicant proposes to increase the number of taxis in their fleet or community, the Board looks to evidence supplied by the applicant to show the level of public need for all types of taxi services in the area. The Board may consider the need for both conventional and accessible services—whether or not an applicant seeks to add wheelchair accessible services. For applicants that serve medium-sized or larger communities, the Board expects them to include information about accessible services they provide and alternatives that are available in their community.

Rates
The Board makes no rate distinction between wheelchair accessible taxis and conventional taxis.

Dual use
Wheelchair accessible taxis are dual use. This means they may carry passengers whether or not a passenger has a wheelchair, scooter or other mobility device.

Flip seats
Some licensees have express authorization to install flip seats in their accessible taxis. This increases vehicle capacity to carry more passengers and more luggage. It also gives drivers sources of revenue that are not available to drivers of smaller, conventional taxis. This helps to offset the higher costs of operating wheelchair accessible taxis.

Policy

General
The goal is to have wheelchair accessible taxis integrated with taxi fleets in communities across British Columbia that have 8 or more taxis in operation. The Board may consider the need for wheelchair accessible taxis in communities with less than 8 taxis. It may do this in communities that have a high proportion of people 65 years of age or older or are known to have a high disability rate.
When making decisions about terms and conditions for accessible taxis, the Board will consider the characteristics of the community. Such considerations may include matters such as age and population demographics, the total number of conventional and wheelchair accessible taxis in the community, and proximity of the community to other transportation markets.

Applications
Except for operators in smaller communities, applicants seeking additional taxis are required to give the Board an Accessible Service Plan. This document includes a priority dispatch plan, company details (accessible equipment, training, services, and management) and information about other accessible transportation services in their community.

Terms and conditions
If the Board approves an application for a new taxi service, or to add vehicles to an existing taxi fleet, it may approve or set terms and conditions that establish requirements regarding the operation of wheelchair accessible taxis.
When the Board specifies a minimum number of wheelchair accessible taxis, it will specify as a term and condition of licence that wheelchair accessible vehicles are dispatched on a priority basis to persons with mobility aids who require accessible transportation. In addition, the Board may specify as a term and condition minimum operating requirements for wheelchair accessible taxis. Operators approved for accessible taxis will also be approved for the installation of flip seats.

Effective date

February 27, 2008

Revised

May 28, 2008
March 12, 2012
January 29, 2015
March 31 2016
May 22, 2020

IV.2 Eco-friendly taxis

Purpose

To encourage the use of eco-friendly taxis in British Columbia.

Legislation

The Board set terms and conditions of licence, including types of vehicles that may be used.

Context

The use of eco-friendly vehicles has environmental benefits for society as well as economic benefits for taxi companies and drivers. Eco-friendly taxis are used in many urban areas in British Columbia.

Policy

When an applicant seeks to start or expand a fleet of taxis, the Board applies the considerations set out in section 28(1) of the Passenger Transportation Act.
If the Board approves an increase in the supply of taxis in Metro Vancouver or the Capital Regional District (CRD), all conventional taxis must be eco-friendly vehicles.
The Board may also require the use of eco-friendly taxis in other areas of the province. Before issuing a decision, the Board will advise an applicant of its intent to apply the policy. The applicant will have an opportunity to respond.

Eco-friendly vehicles

“Eco-friendly vehicles” include any vehicle with an all-electric or gas-electric fuel source. They also include any vehicle, 2006 model year or newer, that meets any one of the following criteria:

any motor vehicle with a combined fuel consumption rating (“CFCR”) of 6.9 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, 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.

Effective date

May 16, 2007

Revised

July 11, 2007
January 31, 2008
May 28, 2008
December 10, 2008
November 2, 2011
March 31, 2016
January 5, 2023

IV.3 Sedan limousines

Purpose

To set requirements for sedan limousines and eco-friendly sedan limousines.

Context

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. Board policies reflect these distinctions. For example, minimum hourly rates and vehicle size 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 sedan limousine definition includes some smaller eco-friendly vehicles.

Policy

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

A “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 113.0 inches, or
2. is a 2012 model or newer and has an overall length of not less than 202.0 inches; or,
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

has a wheelbase of not less than 112.0 inches,
is powered by a hybrid of gasoline and electricity, electricity or bio-diesel
has a manufacturer’s suggested retail price (MSRP) of not less than $50,000 Canadian, and
the vehicle is not more than 24 months old when the licensee first requests a vehicle identifier from the Registrar.

Effective date

July 9, 2008

Revised

July 14, 2008
July 31, 2008
June 4, 2014
March 31, 2016

V: Rates

V.1 Taximeter rate changes

V.2 Transportation of personal baggage

Purpose

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

Legislation

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.

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.

Policy

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, including domestic pets.

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 is that it is personal baggage.

No extra fees may be charged for the transportation of personal baggage, mobility aids or assistance dogs. The transportation of domestic pets is at the discretion of taxi drivers or companies.

Effective date

February 4, 2009

Revised

July 15, 2009
April 4, 2012

V.3 Taxi rate harmonization & equalization

Purpose

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

Legislation

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

Policy

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.

Effective date

July 15, 2009

V.4 Certificates, cards, coupons & vouchers

Purpose

To clarify when and how a licensee may distribute gift certificates, gift cards, coupons and vouchers for passenger transportation services.

Legislation

Under the Passenger Transportation Act, operators of taxis, limousines and other passenger directed vehicles must charge rates that the Board sets or approves.

Context

Various types of certificates, gift cards, coupons and vouchers are used by taxi and limousine companies as part of their business operations. The Board does not normally review the certificates and vouchers that licensees are using.

Terms

“Certificates” refers generally to gift certificates, gift cards, coupons, vouchers and other printed or electronic ways of giving advance payment credit for passenger transportation trips.

Policy

Certificates make business sense and are acceptable as long as they do not undermine or undercut Board approved rates.

Principles

Taxi drivers must at all times charge passengers Board approved rates, either metered rates or other rates.
Certificates must:
1. not result in universal discounts to the public of Board approved rates
2. have a stated dollar value
3. be handled like cash by companies and drivers; that is, in cases where a trip costs less than the certificate amount, the passenger gets change or credit for the unused part, and in cases where a trip costs more, the passenger pays the difference
Certificates may only be:
1. donated by a taxi licensee to a registered non-profit or charity or to the organizer of a public, community event such as a tourism promotion or festival, but not a bar or entertainment establishment
2. given to an individual as a customer service response to a legitimate and specific customer complaint
3. Taxi Licensees may only sell certificates to people for the stated value of the certificate. For example, a licensee must sell a $10 certificate for $10 dollars. There must not be “discounts” for bulk purchases.