Ken makes some very interesting points, but realistically Chris, I don’t feel that your business is as serious a threat to the Austin pedicab market as others may lead on. I am sure you are proud of yourself, after all it’s a miracle that your business has survived this long under APD & AGTD’s radar. But for what it’s worth, so far I think the only thing you have proven is the total lack of concern the city of Austin and it’s mayor has when it comes to the subject of shutting down an illegal Jitney operation. But if the city want’s to risk the public safety like that, hey, who am I to argue with the mayor?

I’m sorry your sister got spit on, but it’s hard for me to share sympathy for you, because you are the one who put her in that position to begin with. Winning the respect of Austin’s mayor is one thing… But, if you want the respect of the pedicab community, you have to earn that respect by respecting city code just as we all do. The problem that many pedicabbers have with your Jitney/Gypsy operation stems from your drivers practice of standing in our non-motorized stands, parking on the side walk, blocking lanes of traffic, operating without a permit, and the snaking of our fares. We have both spoken face to face about this before, and to ease my concerns, and as a sign of friendship, you assured me that it was not your intent to invade our operational territory, yet your drivers have continually crossed that line with your consent to do so. Many of my competitor’s can’t hold to an honest accord either, I should have expected nothing less from you as well.

It has also been reported to me that your drivers have repeatedly snaked/scooped fares from pedicabbers. That in itself is an illegal activity, but luckily no ATX Pedicab has yet to be involved in such a scenario. You should consider yourself fortunate that most pedicabbers lack the training to deal with such a situation… However I should warn you, that I know how to handle that type of situation, and I know how to make certain that such a case is prosecuted to the fullest extent of the law. So, if it is your intent to keep practicing such deceptive business trade practices, I suggest you proceed with caution, and keep your lawyers on retainer because you may need them in the near future if both you and your driver’s insist on breaking the law.

Also, you are operating an illegal motorized cab service under questionable pretenses, You know that, I know that, everyone knows that, that we can all agree. It doesn’t matter if it’s electric or combustion, it’s motorized, and the city code clearly defines the difference between motorized and non-motorized vehicles, you can bitch and gripe all you want but you cannot deny the fact that golf carts have an electric motorized propulsion system. Yet you insist that the city should segregate their inspection standards for both electric and combustion propulsion systems just for you. Excuse me, but why is it that you feel that the Austin City Council and the AGTD should stop whatever their doing to rewrite it’s city code and adjust it’s inspection standards to assist you, and only You?

Even if you are some how miraculously successful in convincing the City to do this favor just for You, in granting your request for a monopoly. Your still going to have to get an operating authority, even if you already have insurance, your drivers are still going to have to get chauffeurs permits, your still going to be required to retro fit all your cabs with meters and fare lights, and your Jitney carts are still going to wind up in the taxi stand on 6th and San Jacinto right along with Yellow, Austin, and Lonestar, right where they belong with the other motorized taxi’s… So even if you win, your still going to lose!

It’s obvious that you don’t have the financial backing necessary to operate a legitimate taxi company, but still you insist on carrying on this charade. So please tell me, why is it that you don’t suspect we’re intelligent enough to smell the B.S. your shoveling? Everybody but you it seems, can smell it all up and down 6th Street! Quite frankly, I’m getting tired of the smell around here… But hey, if you think you got the brass nuggets to fight city hall, more power to you.

Chris, its all fun and games until someone punches, robs or an automobile hits your riders. Happens to us pedicabbers all the time. Yea man, you can join in the festivities, just dont be suprised when you get more then you asked for.

I just think its going to be pretty painful when someone sitting on your rear facing seats gets their legs crushed from a drunk rear end collision.

Or someone falls out cuz their drunk and at a higher speed then a pedicab.

Ive had 2 poeple drunkenly fall out of my cab at low speeds. Not so funny when going over 10mph. You should have seat belts on those rolling drunk tossers.

Also, you are loading more people then taxi cabs are legally allowed to. 3-4 people max.

We pedicabbers are held to rules and regulations, you are no different, other then you have a small grace period until the red tape hits you.

Good luck Scroe~

Dont work to hard. Leave that to the pedicabbers.

The vast majority of the complaints that I have heard from other pedicab drivers has been about your golf cart drivers. Many of your drivers have been seen picking up rides on the side of the road. Many have of your drivers have solicited passengers out of a pedicab as they were underway. Many of your drivers have parked their motorized vehicles on sidewalks.

When your drivers operate in this fashion they are a Gypsy Taxi service.

Currently the only thing that differentiates your business from a gypsy taxi service is that your employees ARE NOT ALLOWED TO ACCEPT ANY MONEY FROM THEIR PASSENGERS. If your employees do accept any money (this includes tips) from their passengers they are breaking the law, by operating without an operating authority, operating an unmarked, uninspected and unregistered vehicle, and driving without a chauffeurs permit.

You have stated again and again that you operate a shuttle service. Further you have stated that this shuttle service is not covered by section 13-2 of the Austin City code because your vehicles do not have internal combustion engines. Your vehicles being electrically powered is not the issue. At the point where money is accepted from passengers you are required to obtain an operating authority from the city of Austin. But then again you know this already.

While you say that you and your lawyers have read though the Austin City code please review sections 13-2-1-10, 13-2-3, 13-2-101, 13-2-161, 13-2-232

You can see the section 13-2 of the Austin City code here:

http://austinpedicab.org/wp-content/uploads/2008/01/austin-city-code-chapter-13-section-2.rtf

I would like also like to point out that should you be successful in getting your electric golf carts authorized to transport passengers in the downtown area, that many many other golf carts will flood Downtown Austin. You are not the only one to try to skirt around city regulations. Just look at the numbers of golf carts that operate at UT football games. Do you think it will take more than a few weeks for those guys won’t be out in force?

Chris Nielsen
Owner
Capitol Cruisers

But, I didn’t sign off on any contract or written code of conduct or protocol that equates simple attendance of a city meeting with making an unauthorized official business decision for my sponsor, or deeming it a fatal offense. In one year of pedicabbing, I’ve yet to receive my own copy of any written rules at all, let alone a rule like that. I don’t think I’m alone in this respect. So, I’m gonna assume your initial comment refers only to your internal operation (ATX Pedicab) and the rest of it is rhetorical flourish.

Allow me to elaborate on the protocols of a pedicab company. Most every business has protocols for it’s employee’s, a pedicab company is no different than any other business. More often than not, most all pedicab company’s are sole proprietorships, meaning that the business is owned by one person. The proprietor is solely responsible for establishing their own company’s internal protocols. As a sub-contractor, when you sign a contract with a given company, that company then becomes your Sponsor, making you subject of those protocols and granting you the privilege of obtaining a chauffuers permit under your Sponsors name.

Now I understand that there is a lot of confusion in the pedicab industry among independent contractors, and it is possible that the term “independent” is over exaggerated within the pedicab industry, many people seem to misinterpret the terminology and allow it to go to their head. Well lets look outside the box so you can get a better understanding of the terminology;

Subcontractor; someone who enters into a subcontract with the primary contractor. (Your sponsor would be the Primary, your subcontract would be your lease agreement.)

Independent contractor; a worker who provides specific services to a company but is not an employee or agent of that company. (Which means the contractor has no right or authority to act as an employee or agent in an official capacity beyond the scope of the position for which they are sub-contracted.)

Sub and Independent contractors are one in the same, and they do not have the same rights or privileges as that of an employee or agent. Contractors are obligated to abide by and fulfill their contractual obligations as established and governed by their Sponsor, nothing more.

Now, most every business has a code of conduct drawn up for it’s employees and sub-contractors, this code pretty much describes your position and job duties within a given company, this code is very important because it details everything you need to know about your specific position in the pedicab industry. This important information could come in the form of rules, policy’s or lease contract that you are required to accept and abide.

Every business has protocols of diplomatic formality within it’s company structure. These protocols are usually embedded within a given company’s rules and policy’s. It defines who the senior officers and managers are, and it defines who is subordinate and subject to that authority. If your a pedicabber, more than likely your a SUB/IND-contractor, which makes you subordinate to the authority of the Primary Sponsor, who technically speaking, is your Boss.

As a sub-contractor, your citizenship rights to make official business decisions on your Sponsor’s behalf are non-existent, because that would constitute a breach of contract and infringe upon the rights of the Primary Sponsor. Commiting such an act against your Sponsor could be construed as insubordination. For instance, a sub-contractor who acts in an official capacity without the knowledge or consent of the Primary Sponsor is in breach of their contract, because they willfully superceded their prescribed job duties in a subversive and hostile fashion. Another example would be a sub-contractor who publicly address’ his Sponsor with vulgarity, or who subversively takes it upon themselves to reschedule company meetings or re-negotiate lease agreements without the authority of the Sponsor.

These are all acts of insubordination, they are all terminable offenses, as they would violate most any legitimate business’ company protocol.

As long as there is room in the office, I think any pedicabber who takes the time to attend one of these meetings in a non-disruptive way should be supported for his or her interest and exercise of their citizenship rights, not terminated. I for one would like to have more transparency about what is discussed and decided at this level.

And for the record I mentioned the deathcab here to make it clear I’m no fan of build-your-own-pedicab-from-popsicle-sticks-and-bottle-caps approach, not as a personal attack on Luke. And when I wrote a new low, I meant a new high.