How will rickshaws, Smart Carts share road?By Allyson Bird (Contact)
The Post and Courier
Wednesday, July 16, 2008
Wade Spees Ken Robison (pedicab, left) said there's 'kind of a code of conduct out here and they don't care about that at all.' Chris Cordaro (in Smart Cart) said, 'I think we can all share,' as they waited for fares Monday. The Smart Cart is a new kind of vehicle competing for riders in Charleston. A shiny new gizmo that looks like an extended-cab golf cart sure has blown up some dust as it scooted customers around town these past few weeks. Rickshaw drivers, the perennial pedal-pushers on the downtown scene, are crying foul. How, they wonder, can a new driver just show up when they're doled out a meager 15 spots by lottery every quarter? And city officials, charged with answering that question, scratch their heads. How, they wonder, do they regulate something they haven't quite defined? Smart Cart Limo Service owner Tim Holbrook is quick to explain: With six seats (and safety belts), a roll cage and turn signals, "it looks like a golf cart, but legally it's a low-speed vehicle." Before rolling out his first cart over Fourth of July weekend, Holbrook met with his lawyers and determined that the city has no regulations that directly apply to his brand of motor coach. By law, low-speed vehicles must meet all the regulations as a car, and are restricted to streets with posted speed limits of 35 mph or under. As managing director of Destination Logistics — a shuttle service between Kiawah and Charleston — he oversees a fleet of more than 90 limousines, town cars, vans and buses. And until directed otherwise, he's applying that business license to his new venture. Joel Carl, owner of Charleston Pedicab, said that's his company's chief complaint. The city only allows 15 regulated rickshaws, divided among three companies, on the street at one time. "You might have a chauffeur's license, but that doesn't give you the right to drive any vehicle," Carl said. Trading digs, Holbrook said he welcomes any future city oversight, hoping his Smart Cart Limo Service will set the precedent. "I would hate for it to get as unregulated as the rickshaws have come to be," he said. But before anyone can regulate it, the business licensing department will have to meet with Holbrook to figure out where his carts fit in, according to Susan Herdina, a lawyer for the city. "We are investigating the matter," she said. The new business might more closely align with a taxicab than a rickshaw, city officials suspect, because rickshaws make up their own class of non-motorized vehicles. Herdina said Holbrook's service could require additional papers if he's picking up and dropping off passengers within city limits. For instance, city ordinances do not require Holbrook's shuttle service to have a certificate of public convenience and necessity — something a taxi must have. "The main concern the city has in all these situations is the safety of the people being picked up," Herdina said. She remembers the city quashing a golf cart rental business a few years back in the name of safety. Carl remembers a similar situation after "a rogue rickshaw guy" emerged on the streets. Smart Cart Limo Service renews those old worries. "This guy just shows up out of the blue passing out cards, saying he's licensed and insured," Carl said. "We just don't want anything to happen because it looks bad on us." Holbrook said his company has insurance coverage beyond any city requirements and thinks the argument is more about economics. "I understand there's some controversy because I'm doing something innovative that they don't like," he said. "They look at it as a direct threat to their industry." Holbrook hopes to put 10 carts on the road in Charleston and says he's eyeing 30 other cities spanning from Asheville, N.C., to Austin, Texas. For now he has two carts canvassing the peninsula with a laminated sign on the front to advertise the service and laminated copies of his license and insurance in a cubbyhole to show the police officers who keep stopping him. He blames the rickshaw drivers for the interference. But they didn't raise the stir at City Hall, according to the city attorney. "No," Herdina said. "I think it was actually a cab driver." Reach Allyson Bird at abird@postandcourier.com or 937-5594. |
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Comments
This article has 14 comment(s)
Posted by desspec on July 16, 2008 at 8:25 a.m. (Suggest removal)
Holbrook's lawyers know, but City lawyers don't?
Posted by Paul on July 16, 2008 at 8:46 a.m. (Suggest removal)
Ban all but residential and emergency traffic Market St. and below.
Posted by JC on July 16, 2008 at 10:41 a.m. (Suggest removal)
Maybe the phathom lawyers need to look at the definition of a "taxicab" in City ordinance Chapter 31, Article IV which specifically rules out low speed vehicles to operate as taxicabs.
Posted by letstakeawalk on July 16, 2008 at 11:16 a.m. (Suggest removal)
@ JC
Great idea to actually look at the law for guidance... the "low-speed vehicle" can neither be a taxi nor a public car. There doesn't seem to be any provision under which a low-speed vehicle can transport passengers for a fee. I think the City should shut him down.
I also wish the City would crack down on the rickshaws a bit. I know they're hard working kids, but they should follow the same traffic regulations as any motor vehicle. At night they should have constant red tail-lights, and most of them have flashing white strobes (very annoying to follow).
Posted by mansejolly on July 16, 2008 at 1:18 p.m. (Suggest removal)
letstakeawalk,
There aren't any provisions saying he can't do it, either. Surely you're not suggesting that an activity can only take place when a legislative body explicitly says so.
Posted by letstakeawalk on July 16, 2008 at 2:08 p.m. (Suggest removal)
@mansejolly
You are right, and I agree that if something isn't explicitly prohibited, then it must be legal. However, it's been my experience that the City of Charleston doesn't operate in that manner. But I'm sure they prohibit it somehow...
According to the law, Mr. Holbrock can't operate a low-speed vehicle as a taxi or as a public car. City Code Sec. 19-191 covers this:
"No person, other than a person licensed as a taxicab operator under chapter 31 of this Code, shall earn a substantial part of his livelihood by, or engage in the business of, driving a motor vehicle for himself or another upon the streets of the city unless such person has a valid license as a chauffeur or public car operator."
I would interpret that part of the code as prohibiting low-speed vehicles from acting as vehicles for hire.
Posted by Citadel2005 on July 16, 2008 at 3:43 p.m. (Suggest removal)
Keep the rickshaws. Get rid of the "low-speed vehicle"!!!
Posted by Jason on July 16, 2008 at 4:11 p.m. (Suggest removal)
The issue here appears to be bigger than simple competition.
The City of Charleston does NOTHING to make sure that transportation operators are legally operating...we have under insured companies, unlicensed chauffeurs, and operators masking as illegal cab companies.
[We] legitimate operations spend thousands of dollars and wait significant time periods to watch this go on, season after season.
What happened to police enforcement, Chief Mullen...?
Posted by vofr on July 16, 2008 at 5:25 p.m. (Suggest removal)
What's the problem here? A guy operates a business that has insurance that is clearly more safe and quicker than bicycle cabs. Also it can carry more people. The people are licensed chauffers...so now they get a cab type license and the world is better for their existence. So what's the problem?
Posted by letstakeawalk on July 16, 2008 at 5:35 p.m. (Suggest removal)
@ vofr
The question is not about insurance or licenses; it's about the legality of using a "low-speed vehicle" as a vehicle for-hire, which is currently prohibited under Chapter 31 of the City Code. It's not a taxi, it's not a public car, it's not legal.
Posted by JC on July 16, 2008 at 9:32 p.m. (Suggest removal)
mansejolly..what part of the definition of a taxi does not include low speed vehicles don't you understand? The definition clearly makes it illegal for them to be operating.
Posted by watchdog on July 16, 2008 at 9:45 p.m. (Suggest removal)
Please, let them all operate. They have no emissions,which is wonderful, and what is the big deal. This country is built on ideas, leave them alone.
Posted by SteveWynn on July 16, 2008 at 11:26 p.m. (Suggest removal)
God forbid anyone try something new in Charleston.
Posted by roadkillpedicab on July 17, 2008 at 6:51 p.m. (Suggest removal)
I drive a pedicab in Austin TX. It's fun , yet hard work. My passengers are uniformly impressed with pedicabbers physical ability to get them there using only the strength of their body. And there's something customers appreciate about the hard work , and the whole experience, that maakes them smile, enjoy and, and remember the ride. I very frequently have customers tell me that their pedicab ride was the best part of their night. They won't be saying that about a golf cart ride. And where is the honor and pride in sitting on your arse and driving a golf cart. The story mentions Austin Texas. I can assure you he will not be welcome here, as we have a thing against developors of all types coming in, taking austin jobs or resources for their own profit. Keep your limos and golf carts far away from here.