POLICY REPORT
LICENSING

TO:

Standing Committee on Transportation and Traffic

FROM:

Chief License Inspector in consultation with the General Manager of Engineering Services and the Director of Legal Services

SUBJECT:

Amendment to Vehicles for Hire By-Law No. 6066: Pedicabs

 

RECOMMENDATION

GENERAL MANAGER COMMENTS:

COUNCIL POLICY:

Council, by way of the Vehicles for Hire By-Law, Number 6066, licenses and regulates owners and drivers for hire in the City of Vancouver. This includes pedicabs, described as "a 3-wheeled vehicle propelled solely by the foot power of the operator and capable of carrying no more than 2 passengers in addition to the operator."

PURPOSE

The purpose of this report is to propose amendments to the Vehicles for Hire By-Law No. 6606 which eliminate the requirement for pedicabs to operate only between 9:30 am to 2:00 am, allow pedicab operation throughout the year, and introduce additional pedicab regulations.

BACKGROUND

In May, 1983, the City received a request for the licensing of a three-wheel peddle-powered tourist carriage business. Individual carriages were to be operated by trained student cyclists on designated tour routes throughout the City. Although the business appeared to be an asset to the City's tourism industry, Engineering Services was concerned that these carriages could seriously impede traffic and create a hazard to both motorists and passengers. To avoid problems on roadways and near congested sidewalk areas, staff recommended to Council that pedicab operations be allowed on a trial basis in Gastown only for the 1983 summer tourist season subject to conditions regulating the type, number and licensing of carriages and limitations to routing and times of operation. Council approved the recommendation on June 28, 1983 on the condition that a review of the pedicab operation(s) be completed after the trial period to determine if the operation should continue in future years, and if so, under what conditions. This review subsequently revealed that only one pedicab applicant attempted to operate in Gastown during the summer of 1983 and quickly found his operation to be economically unviable because of the City's strict limitations on number of pedicabs and routes designated through Gastown. Eventually, the pedicab operation was relocated to Granville Island which falls under federal authority.

In I984, the City received another similar request for the operation of foot-powered rickshaws as a taxi service during the months of March through November. To avoid the problems experienced by the pedicab business in 1983, this operator requested that the City allow greater flexibility in routings, pick-ups and operation time, enabling the business to be run more like a taxi operation, and permit space on the carriage for third party advertising. As the 1983 pedicab trial period was too short and sporadic to determine the extent of interaction with automobiles and pedestrians on City streets, Council approved a second trial period for 1984 which increased the total number of carriages to thirty, expanded the designated tour routes and included both rickshaws and pedicabs.

A review of the second 1984 trial period showed that the impacts caused by the pedicabs/rickshaws were tolerable, largely because the approved routes and times of operation were chosen to minimize interruptions with other vehicular and pedestrian traffic. Furthermore, it was evident that being able to operate pedicabs in the evening proved the most beneficial from an economic perspective. Based on these findings, on May 7, 1985, Council approved the continuation of pedicab operations in the City in future years in a manner similar to the 1984 trial period with only minor refinements in the downtown during rush hour.

On March 25, 1986, Council approved the use of vehicles such as pedicabs, horse-drawn carriages, rickshaws and various demonstration land vehicles to operate on City streets during the period of Expo 86 subject to certain conditions designed to minimize adverse impacts on the Downtown street system. For pedicabs in particular, the number of approved licenses was increased from 30 to 40 and the designated routes expanded for the duration of EXPO only to meet the anticipated increased demand.

After EXPO 1986, pedicab regulations reverted back to those originally established in 1985 and no changes have been made since.

DISCUSSION

Vehicles for Hire By-Law No. 6066 defines pedicab as "a 3-wheeled vehicle propelled solely by the foot power of the operator and capable of carrying no more than 2 passengers in addition to the operator." Section 18 of the By-Law states the following:

In addition to the by-law provisions above, there are a number of additional conditions of operation which pedicab businesses must comply with. These conditions, found in Appendix B, include licensing and insurance requirements, permitted times and months of operation, required carriage safety features and a map indicating designated streets on which pedicabsmay operate.

Presently, there are six pedicabs licensed in the City of Vancouver with five owned by the same business.

Recently, a licensed pedicab operator has advised staff that the current pedicab by-laws/regulations, established in the mid 1980's, have become outdated and are no longer appropriate in the City of Vancouver today. In particular, the licensee claims that a considerable amount of pedicab business occurs at night, primarily transporting customers leaving nightclubs. Overall, pedestrian traffic in the Downtown core at night has increased considerably since the mid 1980's making pedicab service into the early morning a viable proposition. Currently, the by-law restricts pedicab operations to 2:00 am, however many liquor license establishments have extended their closing time to 3:00 am. The 2:00 am restriction may have originally been established due to the City's concern for carriage driver safety, but unsafe circumstances could occur at any time of the day and night. Furthermore, all licensed carriages are equipped with required safety fixtures and drivers are well trained to handle confrontational situations.

In addition, the by-law stipulates that pedicabs cannot operate during the months of December through February. The original pedicab proposals presented to the City in the mid-1980's were seasonal businesses not interested in operating during the winter months. To satisfy the business needs of the proposed pedicab operations and protect carriage drivers from inclement weather, prohibiting the operation of pedicabs during the three winter months was included in the by-law. However, the demand for pedicab services in the City has grown considerably since the mid-1980's resulting in the need for a year-round operation. The argument of inclement weather during the winter months jeopardizing the safety of drivers and passengers is not sound justification as such weather can be a common occurrence in Vancouver irrespective of the time of year.

The licensee has also questioned the existing designated pedicab street routes in the Downtown, originally established in the mid 1980's. Engineering Services concurs that traffic patterns in the Downtown core are considerably different today and have reviewed the routing system within this context, in consultation with Translink staff. This has resulted in a new, revised street routing system, shown in Appendix C, which enables pedicabs to move within the Downtown area more freely.

Finally, current City regulations for the operation of pedicabs include many conditions which are not included in the Vehicles for Hire By-Law. Although the City's Vehicles for Hire Inspector inspects licensed pedicab carriages to ensure that all requirements are met,compliance with those regulations not included in the Vehicles for Hire By-Law are difficult to enforce. Therefore, staff recommend that the following regulations be included in the By-law:

· A list of all the required pedicab carriage safety features;
· The City's Vehicle for Hire plate is to be affixed to the rear of all licensed pedicab carriages;
· All pedicab operators leasing carriages must carry their business license and current photo identification including name, address and date of birth (eg. BC Driver's License or BC photo ID) on their person at all times while operating the pedicab;
· All owners of pedicab businesses must have their pedicabs fully operational within 60 days from the date of license application; and
· Pedicabs may only operate on designated streets as approved by the General Manager of Engineering Services.

PROPOSED AMENDMENTS

To implement the proposed changes to the pedicab operational regulations, it is proposed that Vehicles for Hire By-law No. 6066 be amended generally as set out in Appendix A to this report subject to such changes as the Director of Legal Services considers necessary.

In addition to the proposed amendments, all relevant provisions of Vehicles for Hire By-Law No 6066, Street and Traffic By-Law No 2849 and the Motor Vehicle Act must also continue to be adhered to.

CONCLUSION

The proposed amendments to Vehicles for Hire By-Law No. 6066 as outlined in this report will allow pedicab operators to operate their carriages on a year-round basis with no time restrictions. The amendments will also require pedicab carriages to be equipped with certain safety fixtures, a vehicle for hire plate affixed to the rear, pedicab operators to carry their business license and current photo identification on their person at all times while operating a pedicab and operating only on designated streets as approved by the City Engineer. Finally, all owners of pedicab businesses must have their pedicabs fully operational within 60 days from the date of license issuance.

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APPENDIX A

1. Delete the current by-law regulations which restrict pedicabs to be operated from 2.01 a.m. to 9.29 a.m. on any day and only during the months of December, January and February.

2. Include the requirement that pedicabs may only operate on designated streets as approved by the City Engineer.

3. Include the requirement that all pedicab carriages must be equipped with the following:

4. Include the requirement that the City's Vehicle for Hire plate is to be affixed to the rear of all pedicab carriages while in operation.

5. Include the requirement that all pedicab leasees must carry their business license and current photo identification including name, address and date of birth (eg. BC Driver's License or BC photo ID) on their person at all times while operating a pedicab.

6. Include the requirement that all owners of pedicab businesses must have their pedicabs fully operational within 60 days from the date of license issuance.

APPENDIX C

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© 2002 City of Vancouver