On-Demand Metered Accessible Taxicab Service for the City of Toronto

Submission to

City of Toronto Taxicab Industry Review

Submission by

Wheelchair Accessible Transit Inc. / Toronto Para Transit

April 2012

Table of Contents

Proposal - On-Demand Metered Accessible Taxicab Service for the City of Toronto Submission Objective Financial Impact Background The Toronto Opportunity On-Demand Metered Wheelchair Accessible Transportation The Opportunity to Use the Taxicab Fleets More Intelligently Legislative Requirements Philadelphia Parking Authority TTC Wheels-Trans Sustainability Accessible Taxicab Brokerage(s) Accessible Driver Training Accessible Vehicle Insurance Summary Schedule A - Vehicle Alternatives Schedule B - Legislative Context Schedule C - Accessible Vehicle Operator Training Program Schedule D - PBL Insurance Limited Schedule E - Toronto Para Transit - Company History Schedule F - Jack Matrosov Biographical Notes Schedule G- Matt Daus Speaks at N.Y. Public Transit Association WAT / TPT Contact Information

2 6 6 6 7 8 8 8 10 11 11 13 13 14 15 16 18 21 23 25 27 28 30

Wheelchair Accessible Transit Inc. / Toronto Para Transit

PROPOSAL On-Demand Metered Accessible Taxicab Service for the City of Toronto
Wheelchair Accessible Transit Inc. / Toronto Para Transit is pleased to submit to the Toronto Taxicab Review a proposal to address the issues of ambassador licences, wheelchair licences, and the legislative requirements of the AODA. With the implementation of this proposal individuals with disabilities living in the City of Toronto and visitors to the city will finally have equal access to on-demand metered taxicab services. They will have an alternative means of transportation other than the city run TTC Wheel-Trans program. The City will not have to provide any subsidies or grants to the dedicated taxicab brokerage(s) or drivers who enter into this program. The program is self-sustained and provides adequate opportunity for drivers to make the same if not more income than drivers of standard plates (sedan vehicles). The program also provides for a gradual transition of ambassador taxicab licences to standard licences ensuring the market value of the taxicab licence is not eroded due to a large influx of transferrable licences. Establishing a dedicated accessible taxicab brokerage(s) will ensure on-demand metered taxicab service is provided in priority and effectively monitored by a qualified service provider experienced in dealing with the special needs of individuals with disabilities. With the adoption and implementation of this proposal the City of Toronto will be one of the first cities to in the world to provide this level of accessible service and will be recognized internationally and throughout North America as the industry leader in providing on-demand accessible taxicab transportation with fare equity. On-demand Metered Wheelchair Accessible Taxicab Model: One (1) tier of taxi licences as opposed to the current controversial three (3) tiers. Guaranteed wheelchair accessible on-demand metered taxicab service, 24 hours a day, 7 days a week, and 365 days a year, at no cost difference to the fare charged to any customer hiring a taxicab in the City of Toronto. Elimination of a significant transportation barrier for the disabled, ensuring equality in taxicab services for all Torontonians and visitors to the City.

Wheelchair Accessible Transit Inc. / Toronto Para Transit

The proposal does not require any public subsidies in order to be successful. An alternative for the TTC Wheel-Trans and to individuals with disabilities who wish to have the convenience of on-demand metered taxicab service. Significant cost savings to TTC Wheel-Trans. This proposal would make Toronto compliant with the requirements of the Accessibility for Ontarians with Disabilities Act (2005) and Provincial and Federal Human Rights Legislation.

Proposal Highlights: All Ambassador taxicab vehicles to be converted to wheelchair accessible taxicab vehicles through a phased in approach. Existing W vehicles to be integrated into a dedicated accessible taxicab brokerage(s). Ambassador taxicab owners will be able to convert their Ambassador licence to a Standard licence after having converted their vehicle to an accessible vehicle and providing accessible transportation for a minimum of seven (7) consecutive years. During the seven (7) years of service, the converted ambassador taxicab will be required to work under contract and supervision with a dedicated wheelchair accessible taxicab brokerage(s). At the completion of seven (7) years, the Ambassador owner will have a fully functional standard taxicab licence (plate) which then can be sold at the going market rate, thus providing the much sought after retirement security and equality with standard plates. Upon sale, such licence may only be transferred to a new wheelchair accessible vehicle. The designated life of the accessible vehicle will be seven (7) model years, instead of the five (5) model years for a sedan vehicle. The extended years will enable the owner to recover the higher costs associated with the purchase of an accessible vehicle. Wheelchair Accessible vehicles will be subject to the same inspection schedules as standard taxicabs as stipulated by the Toronto Municipal Code Chapter 545.

Wheelchair Accessible Transit Inc. / Toronto Para Transit

The accessible taxicab brokerage will be required to have a state of the art Global Positioning System (GPS) and all accessible taxicabs will be required to have such system installed in the accessible vehicle. The brokerage dispatch team will monitor the service to ensure taxicab fares for the disabled community take priority over any other fares that drivers may pick up through dispatch or on the street. The Ambassador owner who converts his/her vehicle will be permitted to lease or rent the accessible taxicab to a qualified driver (2nd driver) that meets the City and brokerage guidelines allowing for the vehicle to operate two shifts per day. Surcharges shall be prohibited for accessible fares, only taxicab meter rates shall apply. All Ambassador taxicab operators and any other driver operating the wheelchair accessible taxicab will be required to successfully complete the 15-hour Accessible Vehicle Operator Training Program currently provided by Municipal Licensing & Standards - Training Centre. The Ambassador owner who converts his/her vehicle will be under contract with a dedicated accessible brokerage and will be obligated to service the disabled community in priority. The Ambassador owner who converts his/her vehicle will be permitted to pick up fares on the street, through dispatch and at taxicab stands when not engaged in providing priority service to the disabled community. The brokerage will be required to monitor drivers, to ensure priority is given to the disabled community, through the GPS, on-road supervision and mystery shopping evaluations. Brokerages will be obligated to report directly to Municipal Licensing and Standard, Licensing Services any contravention with respect to a driver who refuses priority service to any member of the disabled community. The brokerage will also provide all required documentation pertaining to any such refusal and assist Municipal Licensing and Standards with any such investigation as required. All dispatchers employed by the brokerage will be required to receive specialized training to deal with individuals that have speech impairments. All vehicles will be insured with adequate insurance coverage as required by the TTC and Municipal Licensing and Standard.

Wheelchair Accessible Transit Inc. / Toronto Para Transit

Time Frame of Implementation: The proposed program would be structured to offer the transition of ambassador licences to accessible licences over a seven (7) year period. During this period, there will be a limited number of ambassadors allowed to enter into the program per year. This approach allows for owners who have recently purchased new sedan vehicles to continue operating until such time when the vehicle needs to be replaced with an accessible vehicle. This allows for a controlled transition while still maintaining the market value of taxicab owner licences within the City of Toronto. Upon adoption of this proposal, Wheelchair Accessible Transit Inc. and Toronto Para Transit can be positioned to implement the program within a four (4) to six (6) months period.

Wheelchair Accessible Transit Inc. / Toronto Para Transit

SUBMISSION

April, 2012 To: Chair and Committee Members, Licensing and Standards Committee Cesar Palacio (Chair), Chin Lee (Vice Chair), Glenn De Baeremaeker, Gloria Lindsay Luby, Frances Nunziata, Anthony Perruzza From: Re: Wheelchair Accessible Transit Inc. / Toronto Para Transit The 2012 Taxicab Industry Review Proposal for On-Demand Metered Accessible Taxicab Service in the City

Submission delivered by Hand and via Email: taxireview@toronto.ca

The proposal set forth by Wheelchair Accessible Transit Inc. / Toronto Para Transit (WAT/TPT) will position the City of Toronto as the industry leader in North America for providing on-demand metered accessible transportation for persons with disabilities and further provide a viable solution to address the many issues that exist in the Toronto taxicab industry. Objective To introduce and implement a transitional program for ambassador taxicab owner/operators to convert their existing licences to standard licenses. To also introduce, implement and manage a dedicated accessible taxicab brokerage program that provides on-demand metered wheelchair accessible taxicab service for persons with disabilities in the City of Toronto, while still offering regular taxi service 24/7 to the general public. This solution meets and exceeds the expectations of the Accessibility for Ontarians with Disabilities Act, 2005, (A.O.D.A.), ensuring equality and accommodation for individuals with disabilities by eliminating a significant transportation barrier they face in todays society. Financial Impact There are no financial implications to the City of Toronto with the adoption of this proposal. On-demand metered accessible taxicab service requires no subsidies to the taxicab industry to function effectively. The City and the Toronto Transit Commission (TTC) Wheel-Trans will be able to recognize additional future savings and efficiencies
Wheelchair Accessible Transit Inc. / Toronto Para Transit 6

by utilizing the increased number of accessible taxicabs, providing on-demand metered service, to address the increasing demand for Wheel-Trans service. Background On May 9, 2011, Councillor Cesar Palacio, Chair of the Licensing and Standards Committee (LSC), delivered a letter to LSC members, advising that a comprehensive review of the Toronto taxicab industry should occur. On May 31, 2011, the Licensing and Standards Committee (LSC) adopted the recommendation that Municipal Licensing and Standards (MLS) outline a plan for review of the taxicab industry. On August 29, 2011, MLS published a staff report advising that it would conduct a review of the taxicab industry by-law, reviewing all the provisions of Toronto Municipal Code Chapter 545, Licensing, Articles VII and VIII. In addition to examining issues brought forward by stakeholders and the public, it was determined that the review would examine:

the effectiveness of the Ambassador program; conversion to a dedicated vehicle; on-demand accessible service; ownership and transferability of Standard taxicab licences; leasing regulations; the role of designated agents; and the role of taxicab brokerages.

Wheelchair Accessible Transit Inc. / Toronto Para Transit recognize the importance of the Toronto Taxicab Industry Review, and sincerely believe now is the time for both the City and the taxicab industry to finally address the issue of on-demand metered accessible transportation for individuals with disabilities. Accessible transportation, or the lack of it, touches the lives of thousands of Ontarians in profound ways. Access to transportation can make the difference in access to work or education. It also has major consequences for those who need to get to health care and other essential government services. For many, it makes the difference between isolation and loneliness, and full participation in the life of their communities. Without accessible transportation, employment, education, and community life remain out of reach for many, and potential contributions to the community are lost. Access to equal, dignified transportation is fundamental to the achievement of equality for persons with disabilities

Wheelchair Accessible Transit Inc. / Toronto Para Transit

Demographics1 indicate that approximately 15% of the Canadian2 population has some sort of disability. An ageing population has been cited as being responsible for the rise, and while all age groups witness a rise in the disability rate, the rate of the 65-plus age group is rising faster than other groups. As our population continues to age, there will be an increasing need for accessible transportation. In the City of Toronto, as in almost all of Canada, there are no wheelchair accessible taxicabs operating on-demand at meter rate readily available to individuals that have a disability. THE TORONTO OPPORTUNITY On-demand Metered Wheelchair Accessible Transportation The ongoing review of the City of Toronto taxi industry provides a unique opportunity to incorporate accessibility into the supply of transportation services within the City. This document sets out, in overview, the legislative requirements and the opportunity allied to accessible transportation. The current review appears to be open to consider reform of any part of the existing taxi system and to do something better, although, considerable attention is being focused on the effectiveness of the Ambassador program, a restricted licence category with limitation in transferability and the hiring of second drivers. An additional element relates to the provision of accessible vehicles. The concept of doing something better is far reaching and impacts on the city as a world leader, not only in transportation but also on the world stage of events. The city will be host to the 2015 Pan Am Games and the World Pride 2014 event. There is also discussion on future Olympic and Para-Olympic bids. Without sufficient accessible transportation, visitors and participants requiring this type of service will be confronted with access barriers. The opportunity to use the taxicab fleets more intelligently This is where the greatest benefits will accrue. Introducing accessible vehicles within the fleet will further allow a brokerage to grow its business and access a clientele that is unable to use regular sedan vehicles. These sources of substantial new business would include; supported social services, government services, hospital non-emergency, transport to specialized schools, transport to employment, etc. Where accessible vehicles can be coordinated effectively and efficiently they are actually better at providing a number of trips (journeys) more cost effectively than
1

http://www.abilities.ca/organizations/2009/04/30/ccds_aginganddisability/ http://www.hrsdc.gc.ca/eng/disability_issues/reports/fdr/2010/fdr_2010.pdf 8

Wheelchair Accessible Transit Inc. / Toronto Para Transit

traditional transport options. The options that exist in Toronto today are limited to TTC Wheel-Trans and the very few companies that provide accessible vans or the larger accessible vehicles, such as the Sprinter vehicle. The concept of accessibility within the taxicab fleet is so obvious that outsiders will be astounded that it is even an issue. The key point is that an accessible vehicle need not be more expensive than a nonaccessible vehicle where costs are calculated over the life of the vehicle. This can appear confusing, but it is clear that the extended life of purpose built accessible taxicab compared to a sedan in taxicab service brings the per-year costs to parity. In some instances the accessible vehicle is actually cheaper. The most common arguments used by the taxicab industry relate to the manufacturers list price of the accessible vehicle and conversion costs, which is undoubtedly higher. However, with extended vehicle life, a rigid vehicle maintenance program and having access to a more diverse clientele, a properly operating business would not experience higher associated costs. The development of energy efficient vehicles (such as electric vehicles) and purpose built wheelchair accessible vehicles is the future and is being addressed by a number of manufactures worldwide. (Schedule A Vehicle Alternatives) At a time when society and government regulators must address energy efficiency in the automotive industry, it makes sense to simultaneously maximize the availability of wheelchair accessible vehicles within the taxicab industry, by requiring a percentage of their fleet to be wheelchair accessible. The lack of wheelchair accessible transportation is not a lack of available technology or comparable cost but a lack of political foresight. Until legislation passes that mandates a conversion to wheelchair accessible and /or Universal Design vehicles, the taxicab industry will continue to resist the change, just as the auto industry resisted seat belts, air bags, and fuel economy requirements.3 Ambassador taxicab owners and the Toronto taxicab industry in general have resisted converting to accessible vehicles or purpose built vehicles. In its proposal, WAT/TPT addresses the issues by recommending a phased in approach to the conversion of ambassador taxicabs to accessible taxicabs, an option of using a traditional minivan type of accessible vehicle or a new age purpose built vehicle, an allowance of seven (7) years for the life of the vehicle, and an allowance to lease the accessible vehicle and/or hire a second driver. With these available options the ambassador taxicab owner who converts to an accessible vehicle will not only have parity with respect to vehicle costs but will be able to earn a higher level of income based on increased ridership. Consideration must also be given to the current Ambassador owners who, due to age and/or health issues, may not be able to physically perform the tasks of maneuvering a wheelchair in and out of an accessible vehicle. Accommodation for these ambassador owners will be realized through the provision of leasing and/or the ability to hire a second driver to operate the vehicle.
3

http://www.ncil.org/news/AccessibleTaxis2.html 9

Wheelchair Accessible Transit Inc. / Toronto Para Transit

LEGISLATIVE REQUIREMENTS To date, the City of Toronto Taxicab Industry Review has held several consultations with the industry stakeholders and it is already painfully apparent that the industry would generally choose to ignore the issue of accessibility and particularly the issue of ondemand metered accessible taxicab service. This resistance could be a result of ignorance to legislative requirements, lack of foresight or simply the desire to keep the industry service levels as status quo and just let TTC Wheels-Trans address the accessible transportation issue. It would be prudent and a demonstration of leadership for the City of Toronto to move forward with the taxicab industry review by addressing the inequities of accessible transportation as required by law. There is significant legislation in place from all levels of government to ensure persons with disabilities are treaty equally with respect to transportation services. (Schedule B Legislative Context) AODA Reg. 191/114 Integrated Accessibility Standards, Section 79 (1), (2) and (3), clearly places the onus on the City to make a determination by January 1, 2013, as to the proportion of on-demand accessible taxicabs required in the City and amend its Accessibility Plan accordingly. This requirement appears to align with the Citys current ongoing review of the taxicab industry. Since July 1, 2011, AODA Reg. 191/11, Section 80 (1) and (2) has required municipalities, including the City of Toronto, to ensure that owners and operators of taxicabs are prohibited from charging a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip. In addition, the Toronto Municipal Code Chapter 5455, Article V111, (150) also prohibits charging a higher fare or an additional fee for persons with disabilities. Although prohibited, the discriminatory and unethical practice of charging individuals with disabilities, who require the use of a wheelchair accessible vehicle, at higher rate than the meter rate is being permitted by taxicab companies operating within the city. Individuals are subjected to paying a flat rate fee, also referred to as a zone rate, instead of the required taxicab meter rate. This remains a long standing complaint of the disabled community and has gone unenforced by the Municipal Licensing and Standards Division.

http://www.search.e-laws.gov.on.ca/en/isysquery/007f6459-82a3-4753-8f883abc8ed5610a/1/doc/?search=browseStatutes&context=%23hit1 5 http://www.toronto.ca/taxitraining/pdf/chapter545.pdf Wheelchair Accessible Transit Inc. / Toronto Para Transit 10

Philadelphia Parking Authority plans to make all the city's cabs wheelchairaccessible by 2016 The issue of accessible taxicabs and equitable service is one that most Canadian and American cities continue to struggle with today. In the United States individuals with disabilities are protected by the provisions of the Americans with Disabilities Act (ADA)6, an act similar to the Province of Ontarios AODA. In 2011, a USA federal suit was launched accusing the Philadelphia Parking Authority, which regulates cabs, of violating the Americans with Disabilities Act. As a result, the City of Philadelphia Parking Authority (PPA) began the process to require more than 300 taxicabs in Philadelphia to become wheelchair accessible before the end of 2012.7 Under the proposed regulation8 300 taxicabs will be required to be wheelchair accessible this year, and all taxicabs will be required to be wheelchair accessible by January 1, 2016. The PPA has stated that it can no longer wait for taxi companies to voluntarily step up and address the needs of the disabled as attempts over the past several years to encourage taxicab owners to voluntarily provide accessible taxicab service has failed. The current Taxi Review provides the City of Toronto the opportunity to not only address the transportation needs of Torontonians and visitors with disabilities but to also circumvent costly and embarrassing AODA and Human Rights complaints/lawsuits similar to what was seen in Philadelphia. TTC WHEEL-TRANS SUSTAINABILITY For many people with disabilities, especially those who are unable to drive or use conventional public transport, taxis and private hire vehicles are pivotal means for ensuring their mobility. In actual fact, inadequate and unreliable infrastructure particularly transportation services are a fact of life for the majority of the people with disabilities. The lack of equitable on-demand transportation exists throughout the world. In the City of Toronto tens of thousands of individuals with disabilities rely on the subsidized transportation services provided by the TTC Wheel-Trans program. This year the TTC expects to deliver 2.9 million Wheel-Trans trips, an increase of 19 per cent more than last year, when the number increased to 12.5 per cent over 2009. Approximately 38 per cent of these trips are provided by accessible taxicabs and 18 per cent by sedan taxicabs contracted by the TTC. In 2012, the TTC will pay $37,600,900.00 for the delivery and administration of WheelTrans trips provided by three (3) companies operating accessible taxicabs and two (2)
6 7

http://www.ada.gov/pubs/ada.htm http://philapark.org/taxis-limousines/ 8 http://philapark.org/wp-content/uploads/2011/01/Wheelchair-Taxicab-Reg-300-120123.pdf Wheelchair Accessible Transit Inc. / Toronto Para Transit 11

companies operating sedan taxicabs. Of this amount, approximately $33,100,900 will be paid to the taxicab companies for disbursement to the taxicab drivers and $4,500,000.00 will be paid directly to the taxicab brokerages for administrative services. The contract also allows for performance bonuses to be paid to these companies annually, as well as a subsidy per each trip. The City of Toronto TTC Service Efficiency Study on the Toronto Transit Commission (TTC) Final Report9 to the City Manager dated November 15, 2011, articulates the concerns that the City and the TTC have with respect to the future sustainability of Wheels-Trans based on increasing user demand and identifies specific opportunities for further cost reductions including the service provided, for persons with physical disabilities, using contracted accessible vans and sedan vehicles. Recommendations 9B of the Final Report suggests adjusting the service mix across para-transit providers with the potential opportunity to contract out more services over the next three years to decrease the subsidy to operate Wheel-Trans. The recommendation also suggests that the TTC shift more of the rides currently provided by contracted taxi fleet services and ultimately assess the feasibility of fully contracted services. The AODA, Regulation 191/11, prohibiting, owners and operators of taxicabs from charging a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip, provides new opportunity for the TTC WheelTrans to explore a business model that would incorporate on-demand metered taxicab service. The TTC Wheel-Trans could recognize millions in saving should it move to a metered taxicab service instead of the current fixed kilometer rate. For example: a 20 km WheelTrans trip costs $48.00; however, the same 20 km trip based on the taxicab meter rate would cost $39.25, a savings of $8.75 per 20 km trip. With an increased number of taxicabs at its disposal offering accessible on-demand metered service, the TTC would be able to recognize a significant reduction in its operating costs and also be able to offer its customers an expedited service. A new business model could incorporate various models of accessible vehicles including dedicated accessible mini-vans and purpose built accessible vehicles, as well as large capacity accessible vehicles to handle groups of persons with disabilities. Wheelchair Accessible Transit Inc. / Toronto Para Transit recognize that any suggested changes to the business model and service plans must be done in conjunction with the Advisory Committee on Accessible Transit (ACAT) and the taxicab industry as a whole, and look forward to participating in meaningful discussions to elaborate on its vision as to how the taxicab industry can contribute to the financial sustainability of the WheelTrans program.
9

http://www.toronto.ca/torontoservicereview/pdf/ttc_ses.pdf 12

Wheelchair Accessible Transit Inc. / Toronto Para Transit

ACCESSIBLE TAXICAB BROKERAGE(S) All passengers regardless of physical or other impairment have the right to equal access and service. This is the same the world over and recognized in the International Human Rights Treaty. However, we see various differing methods of achieving this. In the U.S.A. the most common approaches are embedded in the American with Disabilities Act (ADA), which has led to a separate fleet of specialized vehicles operating in parallel service. Providing accessible on-demand taxi service through a separate entity is most common in European countries but is generally not the practice in Ontario municipalities. In reality, there are many areas where equal transportation does not occur. Any reforms that are approved must always be mindful of the desire and requirement for treating all persons equally. Should the taxi industry be considered the most appropriate service delivery option for wheelchair accessible service, there are several options that may be considered in terms of the structure of the service.10 These options include: A separate on-demand taxi-based service, dedicated to providing service for the accessible community. This can be done by setting up a separate company; or restricting usage of wheelchair accessible taxis to service only disabled persons requiring a specialized vehicle; An integrated service providing fully accessible taxis as part of the standard taxi fleet. This may be done whereby the wheelchair accessible vehicles may only be dispatched to customers requiring accessible service or by providing an ondemand taxi sharing service designed mainly for disabled people, but usable by other (non-disabled) people as well.

An integrated accessible type service utilizing the converted accessible vehicles appears to be the system best suited for the City of Toronto. This system allows greater flexibility and utilization of the vehicles within the fleet as well as greater revenue opportunities for the accessible operator and thus a better economic model. It would also provide equity in service which the former option would be unable to provide. ACCESSIBLE DRIVER TRAINING A primary goal in establishing on-demand at meter rate accessible taxicab service is to ensure equity for all individuals. Regulators of the taxicab industry recognize the role that taxicab drivers/owners play in meeting this goal and are obligated to oversee that quality service is provided to ensure customer safety and consumer protection. Driver training is important to ensure that drivers are sensitive in addressing specific accessible needs of an individual with disabilities. Therefore, the regulator plays an
10

http://www.cityofkingston.ca/pdf/transportation/AccessibleTaxi_DraftReport.pdf 13

Wheelchair Accessible Transit Inc. / Toronto Para Transit

important role in regulating driver training, testing and ensuring that appropriate training standards have been established. WAT /TPT provides accessible transportation for many individuals with disabilities and organizations by utilizing a variety of accessible vehicles and has taken a pro-active approach to training by ensuring its drivers meet a high level standard with respect to assisting individuals with disabilities. Since 2009, WAT /TPT have, through contracted services with the Municipal Licensing and Standards Division Training Centre, required all drivers operating its vehicles to successfully complete the 15-hour Accessible Vehicle Operator Training Program. (Appendix C) In addition, WAT /TPT require its dispatchers attend specialized training to deal with individuals that have speech impairments. WAT /TPT propose that all accessible operators be required to attend mandatory training as currently provided by the MLS Training Centre. ACCESSIBLE VEHICLE INSURANCE Although not considered as an element of the review, there is an opportunity to examine the high cost of insurance on taxicabs. Minimizing risk (risk management) and achieving maximum benefit can likely be identified in the cost calculation of operating an accessible taxicab. The elements of taxi control, quality, quantity and economic viability appear to be linked and appropriate for the review to assess each. The taxicab industry acknowledges that regulating the private insurance business is beyond the control of the City of Toronto which has no authority in such matters. The availability of affordable taxicab insurance in the GTA has for many years been a challenge. During the past decade insurance for the industry was primarily provided by only three or four companies resulting in eligibility restrictions, high deductible costs and increasing rates. In preparation for the current taxicab industry review, WAT/TPT, has engaged in fruitful discussions with PBL Insurance Limited to establish insurance criteria for accessible taxicabs. It appears that this company is now positioned to offer those Ambassadors who convert to accessible vehicles a more competitive insurance rate than what is currently available to the taxicab industry. (Schedule D- PBL Insurance Limited)

Wheelchair Accessible Transit Inc. / Toronto Para Transit

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SUMMARY OF life Wheelchair Accessible Transit Inc. / TPT is an experienced accessible transportation company having provided dedicated service for several decades in Toronto and the surrounding areas. Its goal is to provide reliability and service excellence, while eliminating barriers that the disabled and ageing communities currently face, enabling their clients to improve and enhance their quality of life. Alex Matrosov, founder of TPT, recently received a Lifetime Achievement and Humanitarian Award from the International Association of Transportation Regulators (I.A.T.R.) for his outstanding achievement and continuous contributions to the taxicab industry in providing accessible transportation to individuals with disabilities. WPT/TPT is well positioned to provide the services outlined in this document and to implement the recommendations outlined in its proposal of transitioning ambassador taxicabs to accessible taxicabs for providing on-demand metered accessible taxicab services to individuals with disabilities. WAT/TPT looks forward to working together with the City of Toronto, its citizens, and the taxicab industry to ensure industry reforms align with the needs of the disabled community for on-demand metered accessible transportation.

Wheelchair Accessible Transit Inc. / Toronto Para Transit

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SCHEDULE A VEHICLE ALTERNATIVES A Greener Environment Traditionally, the accessible taxicab vehicle has been a minivan that has undergone a conversion to allow for the transport of wheelchairs. Automotive manufactures now recognize the need for alternative types of vehicles for use in transporting passengers using wheelchairs. Either it is a purpose built vehicle, a modified version of the minivan or large capacity vehicle all must be designed to meet certain standards that apply to accessibility. Accessible vehicles must be in compliance with the Highway Traffic Act (HTA) R.R.O. 1990, Regulation 629 (amended July 2011) and the Canadian Standards Association Standard D409. It is proven that automobile emissions impact on the quality of air and our environment. Governments have legislated that all vehicles meet a minimum level of emissions and have approved alternative fuels to assist manufactures to meet government standards. Todays vehicles are manufactured to use such fuels as clean diesel, propane, natural gas, and gasoline with a bio-ethanol base. The introduction of the Eco vehicle, which operates on both gasoline and electricity, has proven to be both fuel efficient and low emissions. Electric vehicles11, although still fairly new, are the cleanest operating vehicle on the market. Many of these types of vehicles and fuels are being introduced into the taxicab industries throughout North America. Accessible vehicles need not be the traditional looking vehicle or use traditional fuel sources. The City of Toronto recently approved the MV-1 vehicle to be used as an accessible taxicab. The following are pictures of various types of accessible vehicles that are or will be available to the Ambassador Taxicab owner when he/she chooses to participate in the proposed program to convert the sedan vehicle to an accessible vehicle.

Nissan NV-200

MV-1

11

http://www.autos.com/car-buying/electric-cars/ 16

Wheelchair Accessible Transit Inc. / Toronto Para Transit

Fiat

Renault

Mercedes-Benz E-Vito

London Taxi

Wheelchair Accessible Transit Inc. / Toronto Para Transit

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SCHEDULE B LEGISLATIVE CONTEXT

Federal and International On March 11, 2010, the Government of Canada ratifies the Convention on the Rights of Persons with Disabilities (CRPD) at the United Nations. Canada pledged to be governed by the CRPD, the newest international human rights treaty which boldly articulates a human rights framework for addressing the exclusion and lack of access people with disabilities have encountered in Canada and in all societies. The United Nations Declaration of the Rights of Disabled Persons12 provides in sections 3 and 8 that: 3. Disabled persons have the inherent right to respect for their human dignity. Disabled persons, whatever the origin, nature and seriousness of their handicaps and disabilities, have the same fundamental rights as their fellow citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible. [] 8. Disabled persons are entitled to have their special needs taken into consideration at all stages of economic and social planning. Provincial The Ontario Human Rights Commission Persons with disabilities have a human right to adequate, dignified public transportation services on an equal basis. The Ontario Human Rights Code13 - Section 1 Discrimination guarantees the right to equal treatment with respect to services, including transportation, without discrimination on the basis of disability. A failure to provide equal access to transportation services is a violation of the Code and can be the subject of a human rights complaint OHRC - Policy and guidelines on disability and the duty to accommodate: 5.4.9 Phasing in accommodation (excerpt) Some accommodations will be very important but will be difficult to accomplish in a short period of time. In this situation, undue hardship should be avoided by phasing in the accessible features gradually. Some accommodations will benefit large numbers of persons with disabilities, yet the cost may prevent them from being accomplished. One approach that may reduce the hardship is to spread the cost over several years by phasing in the accommodation gradually. In many cases, while accommodation is being phased in over an extended
12 13

http://www2.ohchr.org/english/law/res3447.htm http://www.ohrc.on.ca/en/resources/Policies/PolicyDisAccom2/pdf 18

Wheelchair Accessible Transit Inc. / Toronto Para Transit

period of time, it may still be possible to provide interim accommodation for the individual. If both short- and long-term accommodation can be accomplished without causing undue hardship, then both should be considered simultaneously. Accessibility for Ontarians with Disabilities Act, 2005 (AODA) The Government of Ontario has approved two specific pieces of accessibility legislation: The Ontarians with Disabilities Act, 2001 (ODA)14 and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). In addition, the requirements under the Ontario Human Rights Code to provide accommodation for people with disabilities remains in effect. The AODA which applies to both the public and private sectors, provides for the development, implementation and enforcement of accessibility standards to achieve full accessibility in the province of Ontario by 2025. Standards are being established by regulation in five areas: Customer Service, Information and Communications, Built Environment, Employment and Transportation.

ONTARIO REGULATION 191/1115

made under the

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005 INTEGRATED ACCESSIBILITY STANDARDS Duties of municipalities, accessible taxicabs 79. (1) Every municipality shall consult with its municipal accessibility advisory committee, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities to determine the proportion of ondemand accessible taxicabs required in the community. (2) Every municipality shall identify progress made toward meeting the need for on-demand accessible taxicabs, including any steps that will be taken to meet the need, in its accessibility plan required under Part I. (3) Municipalities shall meet the requirements of this section by January 1, 2013. (4) In this section, accessible taxicab means an accessible taxicab as defined in section 1 of Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Persons) made under the Highway Traffic Act.
14 15

http://www.odacommittee.net/ohrc.html http://www.e-laws.gov.on.ca/html/source/regs/english/2011/elaws_src_regs_r11191_e.htm 19

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Duties of Municipalities, Taxicabs 80. (1) Any municipality that licenses taxicabs shall ensure that owners and operators of taxicabs are prohibited, (a) from charging a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip; and (b) from charging a fee for the storage of mobility aids or mobility assistive devices. (2) Any municipality that licenses taxicabs shall ensure that owners and operators of taxicabs place vehicle registration and identification information on the rear bumper of the taxicab. (3) Any municipality that licenses taxicabs shall ensure that owners and operators of taxicabs make available vehicle registration and identification information in an accessible format to persons with disabilities who are passengers. (4) The information in subsection (2) shall meet the requirements of subsection 58 (3). (5) Municipalities described in this section shall meet the requirements in this section, (a) by July 1, 2011, in respect of subsection (1); and (b) by January 1, 2012, in respect of subsections (2) and (3).

Toronto Municipal Code Chapter 545 Article VIII The Toronto Municipal Code Chapter 54516 prohibits charging a higher fare or an additional fee for persons with disabilities: 545-150 Rates and Fares - No owner or driver shall publish or use a tariff or demand or receive rates and charges other than those authorized by this chapter, whether such rates and charges are determined by distance or by time.

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SCHEDULE C

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SCHEDULE D

YOUR RISK. OUR FOCUS Wheelchair Accessible Transit Inc. (Parataxi Initiative) Document Purpose Goal: To assist Wheelchair Accessible Transit Inc. in their effort to secure a contract with the City of Toronto (GTA) for the dispatch and provision of Parataxi services; including the training and monitoring of qualified drivers. A Parataxi can be defined as a vehicle manufactured for the exclusive use of transporting persons either with our without a physical disability. In the GTA this would involve reclassifying Ambassador taxi licenses creating an exclusive license class for Parataxis. It is strongly held that this initiative will solve long held grievances for the Ambassador plate holders while at the same time increasing the publics access to safe and reliable wheel care and taxi transportation. Taxi / Accessible Insurance in the GTA The availability of affordable taxi / accessible insurance in the GTA has for many years been a challenge. For the 3-5 years preceding 2008 insurance for the industry was primarily provided by the following insurers: Lombard, Zurich, Kingsway (Jevco), and Facility (the least flexible and most expensive). Since 2008, Lombard and Zurich have exited the class in the GTA. The gap has been filled by a few programs with high deductible / captive insurers managed by taxi fleet brokerages, one of which has already seen the exodus of its initial re-insurer (Chartis). Jevco announced on August 26, 2011 that they will be increasing rates in this class in Ontario 33% (expected to be higher in the GTA) effective October 1, 2011. Traditional insurers have left or are challenged by the class for a number of reasons: 1. Poor driver selection by fleet managers / taxi brokerages resulting in accidents leading to physical damage, bodily injury, and accident benefit claims 2. Unlisted operators unknown to insurers which prejudice the insurers from properly underwriting the risk. 3. A lack of supervision of driver pools that fails to adequately discipline and or remove poor drivers (not uncommon to have some drivers with 5-6 moving violations still operating units) 4. Motivation to keep vehicles operating 24/7 has resulted in a rush to fill a drivers seat at the expense of due diligence and public safety. 5. Mechanical repair of vehicles is often below MTO standards due to the age, or wear and tear of the vehicles and the pressure to cut repair costs to increase short term profits. 6. Accident Benefit insurance is heavily exposed as most drivers are not covered by WSIB. Doug Searle VP, PBL Insurance Limited, 200 Queens Ave., Unit 600, London, Ontario, N6A 1J3 Email: dsearle@pblinsurance.com, Tel: 519-963-2176, Fax: 519-646-5846 www.pblinsurance.com
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YOUR RISK. OUR FOCUS

Parataxis & Insurance It is in the publics overall interest to have safe, accessible, and affordable wheel chair accessible transit. To create a stable insurance solution for the parataxis class, risk management controls must be clear and intrinsic to providers operating principles. Failing this, insurers will not underwrite or worse, may perceive an opportunity to profit only to have losses mount resulting in the continued cycle of entry then abrupt exit from the class. Insurance stability will therefore require the following: 1. Common dispatch and management control of all assigned vehicles and operators. No third party fleet managers (arms length control) will be permitted. 2. All drivers subject to both the provider and insurer approval prior to operating any unit 3. All operators subject to established vehicle maintenance schedule under the management of the provider. No third party fleet managers (arms length control) will be permitted. 4. Drivers subject to clear guidelines related to MVR and Accident status. Those not meeting the criteria will either not be hired, or if employed subject to progressive discipline and or termination. 5. Only parataxis will be permitted on the fleet.

August 31, 2011

Doug Searle VP, PBL Insurance Limited, 200 Queens Ave., Unit 600, London, Ontario, N6A 1J3 Email: dsearle@pblinsurance.com, Tel: 519-963-2176, Fax: 519-646-5846 www.pblinsurance.com

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SCHEDULE E

Toronto Para Transit - Company History Alex Matrosov typifies the Canadian immigrant experience. He arrived in Canada with little more than the shirt on his back, worked hard, raised a family and with a keen entrepreneurial vision he achieved considerable success. Alex Matrosov helped pioneer wheelchair accessible transportation in the Greater Toronto Area and now operates a multimillion dollar transportation company. He literally learned the business from the ground up starting out as a limousine driver at Pearson International Airport. In 1995 Alex founded Toronto Para Transit, today the leading provider of wheelchair accessible transportation in Ontario. Over the last twenty six years he has developed expertise that is unmatched in the industry. In 1982 Alex obtained his taxi cab drivers license from the Municipality of Metropolitan Toronto and in 1983 he purchased his first taxi cab plate and was associated with A Quick Taxi Brokerage. Here he developed a successful and expanding business transporting children with special needs. One of his major clients was McCluskey Transportation. His relationship with McCluskey has now spanned over twenty years passing down to his son Jack. This is when he developed a passion and expertise in the business of assisting people with unique transportation needs. In 1988 he was approached by the General Manager of a taxi company to head up a special wheelchair accessible division. In 1990 he was asked by the Provincial Ministry of Transportation to work on a special Provincial pilot study on developing wheelchair accessible taxi transportation. The provincial government provided monetary incentives for individuals who would convert mini vans into wheelchair accessible taxis. In 1991 Alex started a new company specializing in accessible transportation. As President (and a driver) of this company he built a fleet of 6 wheelchair accessible taxis. This was one of the first companies in Toronto with a dedicated fleet of accessible taxis. Alexs expertise and success became well known in the transportation industry. In early 1995 Alex was approached by the owner of Royal Taxi to establish and lead a wheelchair accessible transportation division. He accepted the challenge. In 1995 he was awarded a $1.8 million three year contract with Wheel-Trans while he was with Royal Taxi. In order to administer this significant contract, Alex founded Toronto Para Transit in February 1995 and appreciably expanded his fleet.
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At the same time Alex expanded the company with new contracts with organization such as: The Toronto District School Board, The Workers Safety and Insurance Board, Cardinal Coach Lines and Stock Transportation. As a result of the exceptional work his company was doing for Wheel-Trans through Royal Taxi, in June 2000 Alexs Toronto Para Transit on its own was awarded a 5-year contract this time for $7.18 million dollars. Again Alex expanded his fleet this time to 20 wheelchair accessible vehicles. At the same time, Wheelchair Accessible Transit was established headed by Alexs son Jack. In order to be more efficient and dedicated to Wheel-Trans, Toronto Para Transit decided to focus primarily on this business allowing Wheelchair Accessible Transit to focus on all other accessible transportation business. Today, the two integrated companies, Toronto Para Transit and Wheelchair Accessible Transit operate through a dual central dispatch system and are the largest provider of wheelchair accessible transportation in the Ontario.

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SCHEDULE F Jack Matrosov Biographical Notes Jack Matrosov is the President and CEO of Wheelchair Accessible Transit Inc., Ontarios largest accessible transportation company. Jack Matrosov graduated from York University with a major in Economics. He went on to work for the Canadian Imperial Bank of Commerce as a Senior Financial Advisor. Jack eventually decided to help build Toronto Para Transit, a family business that specialized in transporting individuals with disabilities. As Jack learned the full scope and potential of the company, he became passionate and committed to grow a high quality accessible transportation business with safe and reliable vehicles, well trained drivers and excellent service. To achieve his objective, Jack Matrosov opened a sister company to Toronto Para Transit and became the President and CEO of Wheelchair Accessible Transit Inc. while at the same time maintaining his position with the parent company as General Manager. With Jacks leadership, the company has grown from the first wheelchair accessible taxi in the City of Toronto to a fleet of over 175 vehicles servicing all of southern Ontario. With dedication and ambition, Jacks father Alex, the founder of Toronto Para Transit and a pioneer of accessible transportation showed how this service is needed and how, given our aging population, the need for this kind of service will continue to grow significantly in the future. Jack took his fathers vision, and with hard work and dedication together with his father built a company dedicated to serving individuals with disabilities. Clients include school boards, insurance companies and numerous organizations that work with individuals who have special needs and various government bodies. Jack has also worked for many years with Municipal Licensing and Standards of the City of Toronto to develop a comprehensive training program to train all new drivers who transport people with disabilities. Wheelchair Accessible Transit is the only company that has all of its drivers trained and licensed by Municipal Licensing and Standards under a program that was developed in a partnership with Wheelchair Accessible Transit. Jack's current vision is to help develop a program for the City of Toronto that would see all city taxis with the capability to provide on demand metered accessible service. With Jacks plan this service will be provided without government subsidies. Eventually as technology advances, all these wheelchair accessible taxis will be powered by electric batteries. This program would be provided through a dedicated accessible brokerage company with the experience and focus to ensure that all passengers both disabled and able bodied are transported in a safe and reliable vehicle by a highly skilled and trained driver.
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SCHEDULE G
Daus Speaks at New York Public Transit Association: Unveils New Parataxi Transportation Service to Reform Access-A-Ride and Paratransit Systems Worldwide I am very pleased and honored to have been invited to speak at the New York Public Transit Association (NYPTA) conference in Buffalo, New York this June. I delivered a presentation on a new concept we have dubbed Parataxis, along with my colleague and co-author Dr. James Cooper from Napier University in Scotland on behalf of the IATR (International Association of Transportation Regulators), UTRC (University Transportation Research Center, Region 2), the Transportation Research Board (TRB) and the Taxi Research Network. NYPTA is an organization of government and quasi-government public transit agencies and authorities which educates public servants and industry vendors on best practices and innovative methods to deliver safe and efficient transportation services similar to the IATRs mission involving taxi regulation. The theme of this NYPTA conference was Collaborative, Collective Cost-Cutting and the title of our presentation is Maintaining and Improving Rural Transit Supply in an Era of Cost-Cutting Parataxis: Intermodal Solutions for Rural Communities and Beyond. The theory behind our presentation and the paper we are authoring and presenting before the Transportation Research Board (of the National Research Council and the National Academy of Sciences) next January is to use taxicabs and for-hire vehicles to deliver more efficient, accessible, environmentally sustainable and safe transportation at significantly reduced government subsidy costs, while enhancing service for both disabled and non-disabled passengers in rural and urban communities throughout the United States and the United Kingdom. There are three types of paratransit services that include mandated public subsidized accessible transportation programs (such as Access-A-Ride in NY City), non-emergency medical transportation subsidized by social service funding or government programs (e.g., Medicare), and a variety of Federal Transit Administration (FTA), State and Locally funded programs to provide wheelchair accessible service in a variety of ways (e.g., non-profits, private taxi companies, local government vehicles, etc..). Most of these systems throughout the U.S. involve vans or shuttle buses which are designed to accommodate several disabled passengers, including wheelchair users that use bus-like vehicles which provide non-fixed route prearranged service. We must start by acknowledging that the Access-A-Ride and paratransit system is broken, and in fact, was inherently flawed from its inception; being inefficient by design and continuing to waste billions of dollars nationwide each year in subsidized funding. Prearranging service for multiple passengers on non-fixed routes dramatically increases travel and waiting times for disabled customers and senior citizens, making for a system with inconsistent and erratic service due to unpredictable usage and the juggling of varied destinations. Also, one could argue that the spirit of equivalent service as envisioned by the Americans with Disabilitie s Act and U.S. Department of Transportation regulations is not being met as non-disabled passengers can board mass transit on demand while disabled passengers must make reservations days in advance. This inequity is compounded by the drastic service reductions taking place due to government funding issues caused by the Great Recession and other variables.
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The system needs to be dramatically reformed and reengineered, and there is no better time than now to do so to address the fiscal crises public transit agencies are facing around the country. The key is to create a new transportation paradigm by phasing in Parataxis, private taxicabs that would receive government subsidies to retrofit smaller minivans with wheelchair ramps and cover other costs (such as training and increased insurance premiums) to operate via a centralized dispatch system. My vision for a Parataxi system is to phase-out paratransit vans or shuttles, so that individualized prearranged for-hire or taxi service can be provided through a centralized dispatch system using Global Positioning Systems (GPS). Rather than disjointed and uncoordinated funding, the Federal government should consolidate all disabled transport funding streams (mass transit, social services and other ancillary discretionary grants and New Freedom lines) to require recipient States to designate only one agency to coordinate all services for both public transit and non-emergency medical transport by using wheelchair accessible and standard taxicabs. Service would improve in terms of reduced travel time and government costs would be significantly reduced. In addition, the Federal government could require such vehicles to be alternatively fueled or environmentally sustainable and to be operated in accordance with standards to ensure savings and efficiency to be monitored closely by a State Transportation Agency as part of its mandated planning processes. Once we get over the government agency turf wars and resistance to change from existing van manufacturers and service providers, everyone can become part of the solution in terms of still being economically viable and saving money. This solution could involve private contractors to provide centralized dispatch services and the subsidies would instead go to dispatch companies as well as private taxi businesses to offset vehicle retrofitting costs for wheelchair ramp installation, insurance and training costs. Not only does this benefit urban environments, but such subsidies would have the result of adding taxi service to rural environments where additional taxicabs will enhance sorely needed intermodal transit for all passengers across more expansive geographic territories. Similar programs are being piloted in New York City as we speak which have elements of a total Parataxi solution. When I was Taxi and Limousine Commissioner in New York City, several years ago I learned that the Metropolitan Transportation Authority (MTA) had contracts with a value of more than $60 million with limousine companies to pick-up passengers stranded by Access-A-Ride appointments. I had a meeting with my friend and then MTA Chief Executive Officer Lee Sander and we both put the ball in motion culminating in todays Manhattan pilot program where disabled Access-A-Ride subscription service users can use debit cards issued by the MTA to use yellow taxicabs instantly via street hail. This cuts the cost per trip down from about $50-60 per van ride to around $15-20 per taxi ride. We combined the successful T-PEP program elements with the 311 dispatch system and the Parataxi concept and now I am pleased to learn that one of the largest and most successful car service conglomerates Corporate Transportation Group will be serving as the lead dispatcher to use livery vehicles in the other boroughs of the City in the next few months to expand this pilot program to everyone in New York City. This is just the beginning of what I know will be a paradigm shift that will not only transform taxi service and public transit for the disabled, but will also finally bring private taxicabs into the realm of mainstream public transportation planning, research and funding. I am pleased to announce that in addition to presenting this paper to the TRB, Dr. Cooper and I will be conducting a complete session on this topic at the upcoming IATR conference in Toronto from September 11 14. For more information on how to register and attend the conference, or become a member of IATR, visit www.iatr.org.

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Contact Information

Wheelchair Accessible Transit Inc. / Toronto Para Transit 2727 Steeles Ave. West Toronto, Ontario M3J 3G9 Office Tel: 416-884-9898 Toll Free: 1-877-225-2212 Email: info@wheelchairtransit.com Website: www.wheelchairtransit.com

Contacts Jack Matrosov President /CEO Wheelchair Accessible Transit Inc. Alex Matrosov President & Founder Toronto Para Transit (TPT)

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