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New jitney rules coming

City Council is preparing to make some changes to its ordinances regarding jitneys.

The goal of the new rules, some of which also will be established by mid-September in a “green” ordinance that will govern the use of zero-emissions vehicles, is to “allow the market to function appropriately,” said Chris Newport, a spokesman for the city’s Department of Administration and Regulatory Affairs.

Newport said the previous rules are outdated and inhibit new ideas.

“The changes create a flexible framework and set the foundation for the industry to grow without standing in the way of technology and investment,” he said.

Erik Ibarra, owner of Rev Eco-Shuttle, said that is exactly what the new ordinance will do. The changes to the ordinance may “regulate us out of business,” he said.

I’ve written about RevHouston before. Ibarra’s concern appears to be because his service is currently neither fish nor fowl. Jitneys are being defined as having between nine and 15 passengers and operating on a fixed route. If that sounds like the Washington Wave to you, go to the head of the class. RevHouston is using a jitney license that Ibarra got to keep from getting tickets for not complying with taxi ordinances, but his service is for six and fewer at a time, and really is more like a taxi since it’s not on a fixed route. The city says it has a plan for that:

Although Ibarra’s two six-seat vehicles would be allowed to continue operating under the law under an exception, he said the new ordinance may not allow him to grow or to purchase more vehicles.

City officials say Ibarra’s company will be able to operate as a pedi-cab under the “green” ordinance, which the council is expected to consider in mid-September.

[…]

Ibarra said he is concerned that his company’s growth potential will be limited before the new regulations are in place.

He agrees that many of the changes proposed in the ordinance will be good for the industry but questioned why his company will be left in limbo.

“Why not put the green ordinance first?” he asked, noting that he would be in “regulatory purgatory” for six weeks. “It just seems backwards to say, we’re going to regulate you out of the market first, but don’t worry, we’re going to set up a green ordinance for you. … If this passes, they’re not going to prevent other companies from growing, just my company.”

I’m sure there’s a reason Council is doing the jitney update before the green ordinance, but regardless of that it does potentially leave Ibarra in the lurch. What happens if the green ordinance doesn’t get passed, for example? It probably won’t matter in the end, but I can’t blame the guy for fretting about it. As for his concern about his company’s growth potential, I must say that classifying RevHouston as a form of pedicab makes sense to me. As long as the green ordinance wouldn’t forbid him from operating, say, a ten-passenger eco-shuttle, I don’t see the problem. Am I missing something?

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