DEPARTMENT: Police
DEPARTMENT HEAD: William McManus, Chief of Police
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT: Chapter 33 Proposed Revisions
SUMMARY:
The San Antonio Police Department recently presented to the Criminal Justice, Public Safety and Services Committee proposed Changes to Chapter 33. This Chapter regulates the vehicle for hire industries in San Antonio, which include Taxicabs, Limousines, Tours, Charters, Pedicabs, and Horse-drawn Carriages. Recently the introduction of a new industry, Transportation Network Companies (TNCs), has changed the market environment for the existing companies and unlike non-regulated industries the vehicle for hire industry cannot adjust to their changing environment without changes to the City Code.
Since October 2015 the industries have been working with the Transportation Advisory Board (TAB) and City staff on developing changes to Chapter 33 that will assist them in this changing market place. The TAB approved all of these changes on October 26, 2015. Although a number of requirements were relaxed to assist the industries, public safety remained a primary focus.
BACKGROUND INFORMATION:
On June 22, 2015, the TAB recommended approval of the addition of Article III Group Cycle to Chapter 33. Group Cycles are pedal driven vehicles that accommodate multiple passengers operating as a short-distance shuttle between various entertainment, dinning, hotel and nightclubs.
On August 13, 2015, the San Antonio City Council passed an ordinance allowing the City Manager to approve an operating agreement with TNCs that would allow them to operate in San Antonio for a nine-month trial period. Other parts of the vehicle for hire industry began to request changes to Chapter 33.
On August 29, 2015, SAPD Interim Police Chief Anthony Trevino addressed the TAB encouraging them to review and recommend changes to Chapter 33. The TAB created a TAB Sub-Committee to propose revisions.
During the week of October 12,, 2015, SAPD staff met individually with each industry (Pedicabs, Limousines, Tours, Charters, Horse Carriages, and Taxicabs) to discuss their proposals.
The TAB Sub-Committee met on October 8, 15, and 22 to discuss the changes that each industry proposed for Chapter 33. The Sub-Committee voted to take the proposed changes to the TAB for discussion and recommendation.
On October 19, 2015, another TAB Sub-Committee, appointed to review and develop changes to Chapter 33 on Wheelchair Assessable Vehicle (WAV), met and recommend changes to Chapter 33 that would assist in developing incentives to increase the number of WAVs in San Antonio.
On October 26, 2015 the TAB was presented with all of the proposed revisions of Chapter 33. During this meeting, the TAB concurred with the proposed changes.
On January 19, 2016, the Criminal Justice and Public Safety and Services Committee met and approved taking these changes forward to City Council for approval.
ISSUE:
As a result of the meetings with industry, TAB Sub-Committees, TAB Board, and the Criminal Justice and Public Safety and Services Committee, a number of changes are proposed to Chapter 33. Some of the major recommendations include:
• Modified definitions of vehicle types based on seating capacity
• Changes to solvency requirements
• Extending driver permit times and vehicle life
• Removal of requirements, such as getting a physical, an eye exam, etc.
• Removing the requirement to have an office staffed 40 hours weekly
• Adding Group Cycle as an allowable activity
• Changing “horse drawn carriages” to “equine drawn carriages” to allow for use of mules
• Changes to insurance for limousines, tours, and charters to match Texas DOT requirements
• Allowing supplemental vehicles and drivers for limited periods
• Allowing Pedicabs to work throughout the city and removing pre-employment drug screening
• Moving wheelchair accessible vehicles from the ordinance to the rules and regulations
• Removing the required fuel surcharge adjustments in April and October
These proposed changes will assist the industries in adapting to the changing market place and they will also assist the Police Department in being able to administer and enforce the code.
The taxicab industry is interested in additional changes to Chapter 33, primarily regarding fees paid to the City and rates charged to customers. These issues are slated to be presented to City Council this coming summer and will be presented for review during the discussion of TNCs.
The red-lined version of the Chapter 33 changes is attached for review.
ALTERNATIVES:
Adopt in whole or in part; make no changes to Chapter 33; or modify the proposed revisions.
FISCAL IMPACT:
No fiscal impact
RECOMMENDATION:
The Department recommends approval of the proposed revisions to Chapter 33