DEPARTMENT: Police
DEPARTMENT HEAD: William P. McManus, Chief of Police
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Briefing and Action on Revisions to Chapter 33
SUMMARY:
Transportation Network Companies (TNC) began operating in San Antonio on October 13, 2015. They are currently operating under an agreement for a nine- month period that allows them to operate outside of the requirements of Chapter 33; however, existing vehicles for hire in San Antonio continue to operate under the existing ordinance. Industry members, working with the Ground Transportation Unit and the Transportation Advisory Board (TAB), are recommending revisions to Chapter 33 that will assist them compete in the changing vehicle for hire industry.
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 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.
ISSUE:
Throughout these many meetings, staff has worked closely with industry to ensure that the changes being proposed still address the primary public safety issues in the vehicle for hire industry while relaxing some of the requirements in Chapter 33 to allow for greater competition in the industry. The Industry, TAB and Staff supported changes can be found in detail listed in Appendix I. These changes include:
• Modified definitions of vehicle types based on seating capacity
• Extending driver permit times and vehicle life
• Changes to Driver Permit and Supplemental Operating Permit fees and background check requirements
• Removal of requirements such as getting a physical
• Having an office staffed 40 hours weekly, etc.
• Adding Group Cycle as an allowable activity
• Changing “horse drawn carriages” to “equine drawn carriages” to allow for use of mules
• Changes to solvency information and insurance 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
The taxicab industry, supported by the TAB, proposed additional changes to Chapter 33. Staff does not support these changes as they are not supported by the City Risk Manager, the Airport, or the change creates an operating deficit by reducing revenue below expenditures. The requested changes that are not supported by staff include:
1. Removal of insurance company rating requirements
2. Reduction in permit fees from $440/year to $220/year
3. Increase downtown minimum from $5 to $8
4. Removal of $150 airport fee and increase Airport origination per trip fee from $1 to $1.25
5. Increase Airport minimum from $10.50 to $15
ALTERNATIVES:
Adopt in whole or in part; make no changes to Chapter 33; or modify the proposed revisions.
RECOMMENDATION:
The Department recommends proceeding to full Council with the recommendation to revise Chapter 33 to include all staff-supported revisions. The Department recommends delaying action on fee reductions and minimum trip charges until review and recommendations to TNC regulations occur this summer at the conclusion of TNC Temporary Operating Agreements.