37th Annual Report Covering the Licence-year Ended February 28, 1977 Annual Report of the MOTOR CARRIER COMMISSION Pursuant to Section 35 of the Motor Carrier Act Printed by K. M. MacDonald, Printer to the Queen's Most Excellent Majesty in right of the Province of British Columbia. 1978 Vancouver, B.C., June 30, 1977. To His Honour the Lieutenant-Governor in Council of the Province of British Columbia May it please Your Honour: Sir: We respectfully transmit herewith the Thirty-seventh Annual Report, pursuant to the provisions of section 35 of the Motor Carrier Act, covering the licence- year ended February 28, 1977. MOTOR CARRIER COMMISSION Judge G. Ross Sutherland, Chairman Stuart DeVitt, Deputy Chairman Gerard M. Morris, Commissioner REPORT OF THE MOTOR CARRIER COMMISSION, 1976/77 NEW COMMISSIONERS During the licence-year 1976/77, new Commissioners of the Motor Carrier Commission were appointed. By Order in Council dated June 17, 1976, Judge G. Ross Sutherland was designated Chairman, while Stuart DeVitt was named a Commissioner and by subsequent Order in Council was designated Deputy Chairman. Gerard M. Morris was appointed as the third member of the Commission, effective January 1, 1977. GENERAL From 1939 until July of 1973 the Motor Carrier Act was administered by the Public Utilities Commission, a body created by a statute, the Public Utilities Act. In 1973, as a result of the passing of the Energy Act, the Public Utilities Commission was abolished and the Motor Carrier Commission was established to administer the Motor Carrier Act, which provides for the regulation by the Commission of the business of transporting goods or persons by motor-vehicle for compensation on British Columbia highways. Before such for-hire operations can be lawfully conducted in the Province, a carrier must first obtain a licence from the Commission. There was an increase during the licence-year 1976/77 in the total number of licences issued by the Motor Carrier Commission. Some 3,000 applications for new or amended licence authority were filed with the Commission's Motor Carrier Branch, which, after investigation, submitted them to the Commission for decision. There was a slight reduction in the number of bus licences issued owing to the greater activity of the Bureau of Transit of the Ministry of Municipal Affairs and Housing. There was, however, a significant growth in the number of public freight licences issued. A substantial decrease is reported in the issuance of temporary permits over the preceding licence-year, primarily in Class III permits which were reduced from 19,370 in 1975/76 to 13,481 in 1976/77. The Motor Carrier Commission held nine formal public hearings in the 1976/77 licence-year. These hearings investigated new applications for licence authority, to vary existing authority, or to consider the cancellation of licences for failure to meet some requirement of the Motor Carrier Act or regulations. Some of the more important findings, decisions, and orders of the Commission are shown as Appendix B to this Report. The Statement of Revenue derived from licence fees charged under the Motor Carrier Act shows an increase of over $34,000 during this 1976/77 licence-year when compared to the amount collected during the previous licence-year. This increase in revenue, together with a corresponding growth in the number of public freight vehicle licences issued over the last few years, is an indication of the continued vitality and importance of the motor carrier industry in the Province of British Columbia. Revenue, licence and permit statistics are shown in Appendix A of this Report. 6 MOTOR CARRIER ACT MECHANICAL INSPECTIONS While the Motor-vehicle Act sets certain standards of construction and safety of vehicles operating on the highways of British Columbia, additional regulations under the Motor Carrier Act ensure the internal safety and comfort of passengers carried by licensed passenger vehicles, particularly buses, with a capacity of more than 12 passengers. Prior to the 1975/76 licence-year, regular inspections of licensed passenger vehicles were carried out by Inspectors of the Motor Carrier Branch. A co-operative arrangement has now been achieved so that inspections can be performed at Motor Vehicle Branch testing stations on behalf of the Commission. This arrangement has been most satisfactory. It should be noted that Motor Carrier Branch Inspectors continue to perform mechanical inspections in areas which are without testing stations. INSURANCE All vehicles operating in the Province of British Columbia are required under the general vehicle licensing laws of the Province to be insured for public liability and property damage. Under provisions of the Motor Carrier Act, all vehicles licensed by the Motor Carrier Commission must also have adequate cargo insurance coverage, whereas carriers handling C.O.D. shipments are required to take out and maintain fidelity bond coverage with respect to the remittance of C.O.D. trust funds. Failure to maintain required insurance by a carrier results in automatic licence suspension and may lead to a cancellation of licence authority unless appropriate proof of coverage is supplied. LICENCES SUSPENDED OR CANCELLED During the licence-year 1976/77 a number of Show Cause Hearings were held at which licensed motor carriers were required to show cause why their licences should not be cancelled either for non-compliance with requirements of the Motor Carrier Act and regulations or for the failure to provide an adequate and efficient service. One licence was cancelled and one suspension imposed. ENFORCEMENT Motor Carrier Branch Inspectors, in addition to their general and investigative duties in connection with applications and complaints lodged by shippers or carriers, continue to work co-operatively with various enforcement agencies. The enforcement of the licensing provisions of the Motor Carrier Act is primarily conducted by the various police forces of the Province, including the Royal Canadian Mounted Police in their capacity as the Provincial police force. The work of the police forces is supplemented by Weighmasters of the staff of the Ministry of Energy, Transport and Communications, who check for infractions of the Motor Carrier Act at various weigh stations located throughout the Province. Reflecting the concern of the motor carrier industry over enforcement, the Motor Carrier Commission on January 24, 1977, by Order 2-77, engaged a consultant to inquire into present procedures and practices by which the provisions of the Motor Carrier Act and the Motor Vehicle Transport Act (Canada) are being enforced in the Province of British Columbia. The consultant was authorized to (a) examine the practices and procedures now in effect with respect to the enforcement of the provisions of the Motor Carrier Act and the Motor Vehicle Transport Act (Canada) in British Columbia; REPORT OF THE MOTOR CARRIER COMMISSION 7 (b) report to the Commission on these practices and their adequacy for the purpose of achieving a reasonable enforcement of the provisions of the aforementioned Acts; (c) make recommendations to the Commission as to the manner in which these enforcement practices and procedures can be made more effective. It is expected that the report may provide a focal point for a new approach and increased emphasis on enforcement in the years ahead. TIME SCHEDULES AND TARIFFS The Motor Carrier Act requires licensed motor carriers to file current rate schedules (tariffs) with the Commission for the transportation of either passengers or freight between points within British Columbia. Once a rate schedule is accepted by the Commission, it cannot be varied without prior consent of the Commission. In addition, motor carriers holding certain classes of licences must file schedules with the Commission, showing times of arrival and departure from various termini on their routes. They are required to maintain these schedules once approved and may not vary them without first obtaining consent of the Commission. Motor Carrier Branch Rate Staff often assist carriers in the preparation and filing of tariff and time schedules—a sendee appreciated by many of the licensed carriers in British Columbia who conduct smaller operations. The following table shows the number of tariff and time schedule applications filed with the Commission through the Motor Carrier Branch in the 1976/77 licence-year. The drop in rate applications from 443 in 1975/76 to 333 in 1976/77 is due to receipt of fewer applications for mid-year rate changes, and to efforts by Branch Rate Staff to combine groups of similar applications into one. Continuous efforts are being made by the Commission and Motor Carrier Branch personnel to streamline operations and increase efficiency by use of new techniques and procedures. Number of Applications Submitted During Licence-years Ending in the Month of February of Each Year Referred to 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 Rate Time 333 35 443 31 357 45 223 46 216 41 179 36 191 51 199 48 179 50 81 37 APPENDICES Appendix A Summary of Total Revenue for the Licence-year 1976/77 Licence fees Temporary permits Miscellaneous 756,735.58 17,545.50 19,872.26 794,153.34 MOTOR CARRIER ACT REVENUE—ANNUAL COMPARISONS The following is a comparative table by years of gross revenue: Kind of Licence 1973/74 1974/75 1975/76 1976/77 Passenger (buses) $ 60,782.00 34,278.50 564,211.20 22,537.24 12,869.93 58,015.25 38,741.00 619,719.27 20,674.50 16,678.75 $ 60,775.38 39,731.00 631,912.73 13,349.00 14,362.30 $ 45,212.50 42 065 00 Public and limited freight Permits Miscellaneous!— 669,458.08 17,545.50 19,872.26 Totals 694,678.87 753,828.77 760,130.41 794,153.34 i Includes fees for transfers and alterations of licences and for copies of conditions of licences and transcripts. NUMBER OF LICENCES—ANNUAL COMPARISONS The following table, by years, gives the number of licences for the various classes issued: Kind of Licence Number of Licences New and Renewed* 1973/74 1974/75 1975/76 1976/77 Passenger (buses)2 1,270 1,908 14,288 2,353 1,171 1,973 15,927 2,438 1,224 2,030 16,302 2,301 938 2.070 Public freight 17,523 2,179 Totals 19,819 21,509 21,857 22,710 1 Excluding transfers and licences issued for replacement vehicles. 2 Includes sedan cars licensed as public passenger vehicles. TEMPORARY PERMITS In order to provide flexibility, Part 10 of the Motor Carrier Act Regulations provides for the issuing of temporary permits in lieu of or as an adjunct to carriers' licences. The following is a summary of the number of temporary permits issued during the year 1976/77: Class II permits (for temporary operation as a public or limited vehicle for periods not exceeding 92 days) 3,879 Class III permits (for the temporary operation of a licensed public or a limited vehicle in a manner other than authorized by the licence, or pending consideration of an application for licence, renewal, alteration, or transfer of licence, etc.) 13,481 Special temporary permits (issued to carriers from provinces having reciprocity agreements with the Province of British Columbia respecting commercial motor-vehicle licences for the transport of household goods) 1,128 Total 18,488 REPORT OF THE MOTOR CARRIER COMMISSION Appendix B Province of British Columbia Motor Carrier Commission 37-76 In the Matter of the Motor Carrier Act (R.S.B.C. 1960, Chap. 252) and the Energy Act (S.B.C. 1975, Chap. 29) and Amendments Thereto and Regulations Thereunder, and in the Matter of the Motor Vehicle Transport Act (R.S.C. 1970, Chap. M-14) and Amendments Thereto, and in the Matters of (a) an Application of J. & G. Transport Ltd. for an Alteration to Licence Authority as Published Under No. 1903b; and (£>) a Requirement That J. & G. Transport Ltd. Show Cause Why Its Existing Licence Authority Should Not Be Cancelled Before Judge G. Ross Sutherland, Chairman, and Stuart DeVitt, Commissioner Dated this 25th day of June 1976. ORDER Whereas a public hearing was held on November 20, 1975, in Vancouver, B.C., with respect to an application of J. & G. Transport Ltd., published as No. 1903b, for alteration to that company's existing motor carrier licence authority, at which hearing that company was also required to show cause why its existing motor carrier licence authority should not be cancelled due to non-compliance by it with the terms and conditions of the motor carrier licence authority which it then held; and Whereas after the commencement of the hearing J. & G. Transport withdrew its application for alteration to its existing motor carrier licence authority; and Whereas the Motor Carrier Commission continued the hearing of the show cause portion of the application and in the light of the information gained at the hearing deferred its final decision for a period of six months from January 5, 1976: It is the decision of the Motor Carrier Commission that the motor carrier licences issued to J. & G. Transport Ltd. not be cancelled, but remain in full force and effect. The Commission orders that J. & G. Transport Ltd. be assessed the sum of $100 toward the costs of the Commission in the holding of the hearing in this matter and the sum of $50 already paid by that company as security for costs be set off against the said sum of $100. By the Commission: G. Ross Sutherland Chairman Province of British Columbia Motor Carrier Commission 52-76 In the Matter of the Motor Carrier Act (R.S.B.C. 1960, Chap. 252) and the Energy Act (S.B.C. 1973, Chap. 29) and Amendments Thereto and Regulations Thereunder, and in the Matter of an Application of Hugh Lindsay, d/b/a North Burnaby Taxi, to the Motor Carrier Commission Pursuant to the Motor Carrier Act Published as No. 538 Before Judge G. Ross Sutherland, Chairman, and Stuart DeVitt, Commissioner Dated this 3rd day of September 1976. 10 MOTOR CARRIER ACT PART 1—ORDER Upon consideration of the application of Hugh Lindsay, d/b/a North Burnaby Taxi (published as No. 538) for motor carrier licence authority as described in the notice of hearing in this matter dated July 8, 1976, the material submitted in support of and in opposition to the application during the course of the preliminary investigations of that application prior to the public hearing thereof, and at the hearing of the application held at Vancouver on August 30, 1976, at which the applicant was present by his committee duly appointed by order of the Honourable Mr. Justice McKay of the Supreme Court of British Columbia dated August 18, 1976, one Hugh Burns Lindsay, and was also represented by counsel: The Motor Carrier Commission hereby orders that the application of Hugh Lindsay, which was described in the notice of hearing in this matter as follows, be and it is hereby granted: Description of Application Eleven new limited passenger-vehicle licences with five-passenger carrying capacity to operate in the following manner: Terminal point from which vehicle will be operated: Burnaby, B.C. Service that may be rendered: Charter trips only, for business originating in the Municipality of Burnaby transporting a person or group of persons, under charter, to any point in British Columbia. The Commission further orders that the sums of $50 paid by the applicant and each of the qualified objectors as security for costs with respect to the hearing of this matter be refunded. PART 2—COMMENTARY RE DECISION While the Commission, in arriving at its decision on the application of Hugh Lindsay, noted that there were 17 objectors to the application who qualified themselves to make representations at the hearing of the application pursuant to Regulation 4.16 made under the Motor Carrier Act, the Commission also noted that those objectors were either employees of one licensed taxi company, Bonny's Taxi (1971) Ltd., or another licensed taxi company, Capital Hill Taxi, which company is wholly owned and controlled by Bonny's Taxi (1971) Ltd., or licensed individual taxi operators being dispatched by the one presently operating Burnaby Radio Taxi Dispatch Organization, operated by Bonny's Taxi (1971) Ltd. The Commission does not view the aforementioned situation as indicative that there is a truly competitive situation in the taxi business in Burnaby. The Commission is of the view that there is evidence that the introduction of a new independent taxi service such as that proposed by the applicant Hugh Lindsay to Burnaby could be a convenience to the public. In this regard the Commission has noted from evidence brought before it at the hearing of this matter that the Municipality of Burnaby, through its duly elected council and the appropriate transportation committee of that council, has, after conducting investigations of the need for taxi services in Burnaby, which included hearings of the views of concerned parties, decided that the new taxi service for Burnaby proposed by the applicant, Hugh Lindsay, was desirable and necessary in the public interest. The Commission has further noted that, in so far as its jurisdiction in this matter permitted, the municipal authorities of Burnaby have authorized, under municipal licence, Hugh Lindsay to perform the taxi operations which, in part, are the subject-matter of his application to the Motor Carrier Commission. In this regard the Commission has noted that in a letter written by the principal protestant to the application of Hugh Lindsay, Bonny's Taxi (1971) Ltd., dated December 8, 1975, to the Mayor and Council of the Municipality of Burnaby, that company appears to have recognized the need for the licensing of additional taxi vehicles to operate to and from Burnaby, though at the same time that company suggested that it should be the one to operate such cabs as an addition to their present fleet. The Commission was not persuaded by anything brought to its attention by the objectors to the application that the decision of the Municipality of Burnaby in this case was not founded upon a reasonable assessment of the situation respecting the need for a truly competitive and independent taxi service in Burnaby to supply the additional taxi vehicles deemed to be required for proper service to that community. It was suggested by objectors in the course of the proceedings at the hearing of this application that the de facto single control of taxi operations in Burnaby which at present exists is REPORT OF THE MOTOR CARRIER COMMISSION 11 necessary in the public interest in order that proper service to the public and a reasonable return to the operators of taxi businesses be maintained. The Commission was not convinced by its investigations of this application that the result of the granting of the application of Hugh Lindsay would be to seriously impair the taxi service which now and in the immediate future would be available to the public in Burnaby, contrary to the public interest. By the Commission: G. Ross Sutherland Chairman Stuart DeVitt Commissioner Province of British Columbia Motor Carrier Commission 59-76 In the Matter of the Motor Carrier Act (R.S.B.C. 1960, Chap. 252) and the Energy Act (S.B.C. 1973, Chap. 29) and Amendments Thereto and Regulations Thereunder, and in the Matter of the Motor Vehicle Transport Act (R.S.C. 1970, Chap. M-14), and in the Matter of the Applications by National Freight Consultants Inc., d/b/a National Freight Systems, Published as Nos. 2048a and 777 Before Judge G. Ross Sutherland, Chairman, and Stuart DeVitt, Commissioner Dated this 25th day of October 1976. DECISION AND ORDER The applications of National Freight Consultants Inc. as set out in the notice of hearing dated July 13, 1976, were heard by this Commission on September 28, 29, and 30, 1976. In this matter the applicant company, National Freight Consultants Inc., the directors of which are three men with extensive experience in the trucking business, for a very short period of time (approximately two months) attempted to establish a consulting firm under the name of National Freight Consultants Inc., which would act as an agent to secure freight for persons or firms who had no facilities in British Columbia. This venture did not prove successful and National Freight Consultants Inc. then applied for the hauling authority at present before the Commission. Although 11 trucking companies did indicate in one way or another their desire to be heard as objectors to the application at the hearing, only two of these objectors qualified to be heard as objectors within the meaning of section 7 (2) (a) of the Motor Carrier Act and, although these two objectors had a right to call evidence pertaining to the service already provided on the route in question, they chose to call no evidence. On the whole of the evidence in this hearing, the Commission makes the following findings of fact: (1) That the principals of the applicant company have an unusual amount of experience in the trucking industry, from the driving of trucks to the dispatching and management of relatively large trucking firms still operating on the trucking route herein applied for, and this length and varied experience should benefit the shipping public: (2) That the applicant company, which has been operating from April 1976 to date on permits issued by the Commission, has established office and terminal facilities in British Columbia and Alberta to service the shipping public: (3) That the applicant company has equipment available through ownership and lease arrangement to service the public need; and the company has at present on order 15 new trailers to add to its fleet: 12 MOTOR CARRIER ACT (4) That the applicant company has from April 1976 to date found the operation of the service they have provided to have been economically viable, having generated business at a rate of approximately $100,000 per month: (5) That the shippers who have availed themselves of the applicant's services have found the applicant to be prompt and efficient and reliable in supplying services when requested. Counsel for one of the qualified objectors argued strongly that it was the obligation of this Commission, in the light of section 37 of the Motor Carrier Act, to regulate the number of carriers licensed for the route in question in order to maintain the present carriers in an economically sound position, and references were made to decisions of previous pronouncements of H. F. Angus and Martin R. Taylor in this regard. Having read the decisions of H. F. Angus and Martin R. Taylor, which dealt with section 37 of the Motor Carrier Act, this Commission is in agreement with the principles expounded by both of these previous commissions, in which both Angus and Taylor agree that the primary concern of the Commission is that of the public. The mere fact that the new carrier by his competition may reduce the profits of the existing carriers is not the test to be applied, but if the reduction of revenue to existing carriers were such as to make the continuation of the service to the public uneconomical, then this competition should be denied, because of the resulting disadvantage to the public. In the present application, although the witnesses for the applicant were vigorously cross- examined at length by Mr. Macdonald (counsel for one of the objectors) as to the availability of transportation services already provided by licensed carriers on the route, and the financial feasibility of the applicant being allowed to compete for freight over this route, no evidence was called by either of the qualified objectors as to the effect that the operations of the applicant's had had to date on the companies already providing services. The Commission at the conclusion of the hearing had heard no evidence as to the effect this applicant's operations from April 1976 to date had had on the revenue of existing carriers nor did the Commission have any evidence from existing carriers that they could service the public need which the applicant was providing on a temporary basis, and which the applicant was applying to service on a permanent basis. Having made the previously mentioned findings of fact, we conclude that the applicant should be granted forthwith operating authority to provide services for the transportation of freight as set out hereunder. It will be noted that the authority granted is not precisely what was applied for and in particular does not include the carrying of grain, as it is the Commission's view that the applicant failed to establish public need for this service. The Commission hereby orders that the applicant be granted licence authority for the operation of 10 Class III Public Freight vehicles, with conditions of licence as follows: Commodities to be carried: Building materials, including glass and reinforcing steel; machinery and construction equipment, which because of size or weight requires the use of special loading or unloading equipment, or is self-loaded or unloaded under its own power (charter trips). For whom to be carried: One individual or company only at any one time. Area, route, or territory: From Vancouver and points situated within 45 road-miles of its boundaries transported to the British Columbia-Alberta border or vice versa. Restriction—Transportation services authorized under this authority are restricted to services performed with the use of platform-type trailer equipment; transportation by means of van-type equipment is prohibited. The Commission further orders that the application of National Freight Consultants Inc. for transfer to them from Vernon A. Fair of all Class III Public Freight vehicle licences issued by the Commission to and in the name of Vernon A. Fair, which application was also the subject-matter of the hearing in this matter, be and it is hereby granted. The Commission further orders that the security deposits of $50 paid by all persons with respect to the hearing of these applications be refunded. By the Commission: Judge G. Ross Sutherland Chairman Stuart DeVitt Commissioner REPORT OF THE MOTOR CARRIER COMMISSION 13 Province of British Columbia Motor Carrier Commission 64-76 In the Matter of the Motor Carrier Act (R.S.B.C. 1960, Chap. 252) and the Energy Act (S.B.C. 1973, Chap. 29) and Amendments Thereto and Regulations Thereunder, and in the Matter of the Motor Vehicle Transport Act (R.S.C. 1970, Chap. M-14) and Amendments Thereto, and in the Matter of (a) an Application of Oldham's Transport Ltd. for an Alteration to Licence Authority as Published Under No. 2717; and (_>) A Requirement That Oldham's Transport Ltd. Show Cause Why Route No. 1 of That Company's Existing Conditions of Licence and the Attendant Restrictions Should Not Be Deleted From the Carrier's Licence Authority Before Judge G. Ross Sutherland, Chairman, and Stuart DeVitt, Commissioner Dated this 18th day of November 1976. ORDER Whereas a public hearing was held commencing on Wednesday, October 27, 1976, with respect to an application of Oldham's Transport Ltd., published as No. 2717, for alteration to that company's existing motor-carrier licence authority, at which hearing that company was also required to show cause why the motor carrier licences already held by that company should not be amended by the deletion therefrom of Route No. 1 of Part 1 of the conditions attached to that licence and the attendant restrictions thereon limiting transport services under that clause to those conducted to the order and under the direcion of another motor carrier, Van-Kam Freightways Ltd.; and Whereas the show cause portion of the subject-matter of the hearing was heard first, and the hearing of the application for alteration to licence authority followed; and Whereas evidence was given by representatives of Van-Kam Freightways Ltd. that Oldham's Transport Ltd. transported freight under clause 1 of Part 1 of conditions which were attached to that carrier's licence, which freight was not carried to the order or under the direction of Van-Kam Feightways Ltd.; and Whereas Ernest Oldham, proprietor of Oldham's Transport Ltd., admitted that on various occasions since January 1, 1976, his company had transported freight over Route 1 of Part 1 of the conditions attached to his company's licence, and which freight was not carried to the order of or under the direction of Van-Kam Freightways Ltd.: The Commission hereby orders that Route 1 of the existing Conditions of Licence of Oldham's Transport Ltd. and the restriction related thereto, which reads as is set out below, be and they are herby cancelled. The Commission further directs that the Superintendent of Motor Carriers forthwith delete the said route and restriction from the conditions attached to the licence of Oldham's Transport Ltd. Terminus: Kamloops. Terminus: Golden. Route and intermediate points: Direct via Trans-Canada Highway (service as need dictates to Canoe, Tappen, and Sorrento or intermediate off-route points). Restrictions re Route 1—All freight transported under scheduled authority shall be to the order and under the direction of Van-Kam Freightways Ltd., whose tariff and bills of lading shall be used. No service involving both pick-up and delivery permitted between Salmon Arm and Canoe or intermediate points. Whereas the evidence produced both during the show cause portion of the hearing and the application portion of the hearing included substantial admissions by the proprietor of Oldham's Transport Ltd. of deliberate infractions of the licence authority issued to that company by the Commission, the Commission, in addition to the cancellation of Route 1 of the conditions attached to that carrier's Licence, hereby orders that the whole of the licence authority issued to Oldham's Transport Ltd. be suspended for a period of 10 days. The Commission, however, in considering the possible effect of the suspension on innocent third parties and the financial burden on the carrier, fixes as an alternative to the suspension a pecuniary penalty of $1,000 to be paid forthwith to the Superintendent of Motor Carriers. 14 MOTOR CARRIER ACT The Commission further orders that, if the sum of $1,000 is not paid by December 1, 1976, all licences issued by the Commission to Oldham's Transport Ltd. will stand suspended for the period December 14, 1976, to December 23, 1976, both dates inclusive. The Commission, in the light of the information gained at this hearing, hereby defers its final decision on the application of Oldham's Transport Ltd. for alteration to that carrier's authority as set out in the Notice of Hearing in this matter dated July 30, 1976, for a period of six months from the date of this order. In the meantime the Commission authorizes the Superintendent of Motor Carriers to issue to Oldham's Transport Ltd. temporary authority by way of permits in the terms of the authority sought by the applicant's application for alteration to licence authority as described in the Notice of Hearing herein. This Commission directs the Superintendent of Motor Carriers to closely supervise the operations of Oldham's Transport Ltd. for a period of four months from the date of this order as to that carrier's compliance with the provisions of the Motor Carrier Act and regulations thereunder during that period, and to report thereon in writing to the Motor Carrier Commission at the end of the fourth month. The Commission hereby fixes April 4, 1977, as the date (prior to the expiration of the aforementioned six months' period) when the Commission will require Oldham's Transport Ltd. to appear before it to show cause why the alteration of licence sought by that company as referred to herein should not be refused, and further to show cause why the whole of the licence authority issued to Oldham's Transport Ltd. should not be cancelled. The Commission further orders that the security deposits of $50 paid by all the participants in this matter be refunded, with the exception of the security deposit paid by Oldham's Transport Ltd., which may be set off against the alternative pecuniary penalty imposed on that company. By the Commission: Judge G. Ross Sutherland Chairman Stuart DeVitt Commissioner Province of British Columbia Motor Carrier Commission 1-77 In the Matter of the Motor Carrier Act (R.S.B.C. 1960, Chap. 252) and the Energy Act (S.B.C. 1973, Chap. 29) and Amendments Thereto and Regulations Thereunder, and in the Matter of the Motor Vehicle Transport Act (R.S.C. 1970, Chap. M-14) and Amendments Thereto, and in the Matter of an Application by Onkar Transport Ltd. for Motor Carrier Licence Authority Published Under No. 2198/76 Before Judge G. Ross Sutherland, Chairman, and Stuart DeVitt, Commissioner Dated the 10th day of January 1977 ORDER After having considered the information gained by staff investigators on the application of Onkar Transport Ltd., published as No. 2198/76 prior to the public hearing thereof and the information gained at the public hearing on November 3, 1976, the Commission has concluded as follows: The applicant in this case has submitted insufficient evidence that there is any broad shipper need for the extra-provincial motor carrier services between British Columbia and Alberta proposed to be supplied. Convincing evidence of the availability of a number of other carriers has been submitted by those opposing the application who could provide transportation services of many kinds, including those sought by shippers supporting the applicant at the hearing. The Commission finds that such evidence as was submitted in support of the application related only to traffic moving from British Columbia to points in Alberta. No evidence of any REPORT OF THE MOTOR CARRIER COMMISSION 15 significant traffic originating in Alberta was submitted by the applicant. In these circumstances the Commission questions the economic viability of the proposed operations. The Commission therefore finds that no significant public interest would be served by the granting of the application. The Commission therefore orders that the application of Onkar Transport Ltd. be and it is hereby refused. The Commission further orders that the security deposits in the sum of $50 paid by the applicant and by each of the qualified objectors who appeared at the hearing of the application be refunded. The security deposit of $50 made by Porter Trucking Ltd., who did not appear at the hearing, is to be retained, in accordance with the provisions of Regulation 4.16 made under the Motor Carrier Act. By the Commission: G. Ross Sutherland Chairman Stuart DeVitt Commissioner Province of British Columbia Motor Carrier Commission 3-77 In the Matter of the Motor Carrier Act (R.S.B.C. 1960, Chap. 252) and the Energy Act (S.B.C. 1973, Chap. 29) and Amendments Thereto and Regulations Thereunder, and in the Matter of the Motor Vehicle Transport Act (R.S.C. 1970, Chap. M-14) and Amendments Thereto, and in the Matter of an Application by Global Transportation Services Inc., of New Westminster, B.C., Published as No. 886/1976 Before Stuart DeVitt, Commissioner, and Gerard M. Morris, Commissioner Dated this 15th day of February 1977 ORDER Having considered the information gained by staff investigations of the application of Global Transportation Services Inc., published as No. 886/1976, the amendments to that application made at the public hearing thereof held on February 1, 1977, and what was submitted at the hearing by the applicant and the qualified objecting motor carriers to the application, the Commission concluded that: The applicant, who called no shipper witnesses in support of his application, had not submitted convincing evidence either of shipper need for his proposed service or of any general public benefit which would arise from the granting of his application. Carriers opposing the application in question submitted evidence of the availability of a substantial number of already licensed motor carriers who could readily provide transport services which the applicant proposed to provide and, in particular, to those shippers whom the applicant represented were his proposed customers. The Commission therefore orders that the application of Global Transport Services Inc. be and it is hereby refused. The Commission further orders that the security deposits in the sum of $50 paid by the applicant and by each of the qualified objectors who appeared at the hearing of the application be refunded. By the Commission: Stuart DeVitt Commissioner and Deputy Chairman Gerard M. Morris Commissioner Printed by K. M. MacDonald, Printer to the Queen's Most Excellent Majesty in right of the Province of British Columbia. 1978 250-378-8658
- Library Home /
- Search Collections /
- Open Collections /
- Browse Collections /
- BC Sessional Papers /
- 37th Annual Report Cover the License-Year Ended February...
Open Collections
BC Sessional Papers
37th Annual Report Cover the License-Year Ended February 28,1977 Annual Report of the MOTOR CARRIER COMMISSION… British Columbia. Legislative Assembly 1978
jpg
Page Metadata
Item Metadata
Title | 37th Annual Report Cover the License-Year Ended February 28,1977 Annual Report of the MOTOR CARRIER COMMISSION Pursuant to Section 35 of the Motor Carrier Act |
Alternate Title | REPORT OF THE MOTOR CARRIER COMMISSION |
Creator |
British Columbia. Legislative Assembly |
Publisher | Victoria, BC : Government Printer |
Date Issued | 1978 |
Genre |
Legislative proceedings |
Type |
Text |
FileFormat | application/pdf |
Language | English |
Identifier | J110.L5 S7 1978_V02_03_001_015 |
Collection |
Sessional Papers of the Province of British Columbia |
Source | Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia |
Date Available | 2019-03-25 |
Provider | Vancouver: University of British Columbia Library |
Rights | Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia |
CatalogueRecord | http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198 |
DOI | 10.14288/1.0377956 |
AggregatedSourceRepository | CONTENTdm |
Download
- Media
- bcsessional-1.0377956.pdf
- Metadata
- JSON: bcsessional-1.0377956.json
- JSON-LD: bcsessional-1.0377956-ld.json
- RDF/XML (Pretty): bcsessional-1.0377956-rdf.xml
- RDF/JSON: bcsessional-1.0377956-rdf.json
- Turtle: bcsessional-1.0377956-turtle.txt
- N-Triples: bcsessional-1.0377956-rdf-ntriples.txt
- Original Record: bcsessional-1.0377956-source.json
- Full Text
- bcsessional-1.0377956-fulltext.txt
- Citation
- bcsessional-1.0377956.ris
Full Text
Cite
Citation Scheme:
Usage Statistics
Share
Embed
Customize your widget with the following options, then copy and paste the code below into the HTML
of your page to embed this item in your website.
<div id="ubcOpenCollectionsWidgetDisplay">
<script id="ubcOpenCollectionsWidget"
src="{[{embed.src}]}"
data-item="{[{embed.item}]}"
data-collection="{[{embed.collection}]}"
data-metadata="{[{embed.showMetadata}]}"
data-width="{[{embed.width}]}"
data-media="{[{embed.selectedMedia}]}"
async >
</script>
</div>

https://iiif.library.ubc.ca/presentation/cdm.bcsessional.1-0377956/manifest