ADMINISTRATIVE REPORT

Date: January 12, 2001
Author/Local: A. Straka/7546

RTS No. 01700

CC File No. 113

Council: January 23, 2001

TO:	Vancouver City Council
FROM:	Chief License Inspector
SUBJECT:	Amendment to Vehicles for Hire By-Law No. 6066: Driver Instruction

RECOMMENDATION

A. THAT Council approve an amendment to Section 13(4) of the Vehicles for Hire By-Law No. 6066 and the creation of Section 13(5), substantially in the form of Schedule A, to clarify the rules that apply to driver training instructors and to permit driver training instructors with single vehicles to operate from home offices in their dwelling units under certain conditions.

B. THAT Council authorize the Director of Legal Services to bring forward the appropriate by-law amendment.

GENERAL MANAGER COMMENTS

The General Manager of Community Services RECOMMENDS approval of the above recommendations.

COUNCIL POLICY

Council, by way of the Vehicles for Hire By-Law No. 6066, consolidated for convenience only to May 2, 2000, license and regulate owners of motor vehicle driver instruction businesses and require them to have office space in commercial buildings.

PURPOSE

The purpose of this report is to propose an amendment to the Vehicles for Hire By-Law No. 6066 to clarify the rules that apply to driver training instructors and to permit driver training instructors with single vehicles to operate from home offices in their dwelling units undercertain conditions.

BACKGROUND

Presently, driver instruction vehicles are licensed by the City on the condition that the applicant has an office in a commercial building with waiting room accommodation for pupils and access to washrooms. Recently, a qualified driver training instructor with a single vehicle wrote to the City to request that this policy be amended to enable him to use his private residence as his business address. Attached to this correspondence is a list of other independent driver training instructors in support of the requested amendment.

Driving school operators with more than one vehicle either operate from a commercial location where their instruction vehicles are parked overnight or employ instructors who take their business vehicle home with them at the end of the work day. On the other hand, driver training instructors with only one vehicle normally pick up and drop off students at their own home. The vehicle is parked outside of the instructor's residence when not in use for instruction purposes. As office space required by single-vehicle driving training instructors can generally be accommodated in their own residence, the need to secure office space in a commercial building for licensing purposes places a substantial financial burden on the business.

Accordingly, staff propose that Section 13(4) of the Vehicles for Hire By-Law be revised and Section 13(5) be added to clarify the rules that apply to driver training instructors in commercial buildings and to permit a homecraft driver training instruction business under certain conditions including the use, in the business, of only one motor vehicle.

DISCUSSION

Presently, Section 13(4) of the Vehicles for Hire By-Law No. 6066 states the following:

"No license to operate a driver instruction vehicle shall be issued unless the applicant:

(a) has an office, waiting room accommodation for pupils, and access to washrooms for both sexes; and
(b) has filed with the Inspector a syllabus of the proposed course of driver training and instruction."

It is proposed that Section 13(4) of the Vehicles for Hire By-Law No. 6066 be amended, and Section 13(5) be added, substantially the form set out in Schedule A to this Report.

The proposed amendment has been drafted to minimize the potential for conflict with neighbouring residents from a driver training business operating next door. In addition torequiring compliance with all regulations pertaining to homecraft businesses under Section 11.6 of the Zoning and Development By-Law (refer to Schedule B), students or employees of the business will not be permitted to attend the residential premises, the business can be carried on by only one person at the premises and only one driver instruction vehicle can be used and licensed in the business. Prohibiting students and/or employees of the business from attending the premises will ensure that all students are picked up and dropped off at their homes. Furthermore, restricting the homecraft to only one driver instruction vehicle will minimize any interference with normal, daily traffic patterns in the neighbourhood. The amendment also clarifies the rules that apply to driver training instructors with more than one vehicle who are required to have commercial office space.

CONSULTATION WITH AFFECTED BUSINESSES

On December 28, 2000, a letter was mailed out to all licensed driver training instruction schools in the City of Vancouver seeking comments/feedback on the proposed amendment. All responses received to date have been in support of the amendment, with one individual specifically requesting an expansion to two or three instruction vehicles.

CONCLUSION

The proposed amendment to Section 13(4) of the Vehicles for Hire By-Law No. 6066 and addition of Section 13(5) will clarify the rules that apply to driver training instructors in respect of their commercial premises, and will permit homecraft driver training instruction business under certain conditions where only one motor vehicle is employed in the business.

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SCHEDULE A

(1) A person must not apply for a licence to operate a driver instruction vehicle, and must not carry on the business of motor vehicle driver instruction, unless that person:

(a) keeps and uses premises in a zoning district which permits that type of business under the Zoning and Development By-law and maintains in those premises a waiting room and wash rooms suitable for the use of students, or complies with subsection (5) of this section; and

(b) has filed with the Inspector a syllabus of the motor vehicle driver instruction course that person intends to use, and uses that syllabus in the business.

(2) A person may keep and use premises for the business of motor vehicle driver instruction in a residential dwelling unit but only if that person:

(a) and those premises comply with the Zoning and Development By-law including, without limitation, section 11.6;

(b) licenses only one driver instruction vehicle under this By-law for use in that business, and uses only that motor vehicle in the business;

(c) does not permit any students or employees of the business to attend at the premises; and

(d) is the only person carrying on the business at the premises.

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(c) 1998 City of Vancouver