Las Vegas Sun

March 28, 2024

LV pedicab operator shuts down

Las Vegas' largest operator of pedicabs -- bicycle-powered rickshaws that move tourists up and down the Strip -- is taking his vehicles off the road after his drivers were threatened with arrest for operating illegally.

Richard Beauregard, who operates AmeriCab Inc., in Las Vegas is mulling his legal options after being told that Clark County officials would draft an ordinance outlawing pedicabs on some streets even after he and a competitor operated pedicab businesses for years.

Beauregard said he had no choice but to remove his pedicabs from the streets Monday, putting 100 drivers out of work.

"What a way to say 'happy holidays,"' Beauregard said.

Drivers coming in off their afternoon shifts and others getting ready to go out for the evening Monday were told the company was in limbo because of a crackdown by government officials. Pedicab operators have used several legal interpretations to try to operate within the framework of existing laws.

Because pedicabs are not motorized, they don't come under the jurisdiction of the Nevada Taxicab Authority or the Nevada Transportation Services Authority. But limousine drivers complained to TSA regulators that pedicabs were operating unsafely.

AmeriCab and a smaller, older rival, Silver State Pedicabs, have business licenses to operate in Clark County, but officials said they were prohibited from charging people for rides because they are rental companies and not transportation companies. So pedicab companies instead offered their services for free, displaying a sign that said "not for hire," and drivers worked for tips.

But the District Attorney's office believed the companies were operating for hire and illegally.

When county officials said working for tips was prohibited, AmeriCab made contact with a legal charity, Jewish War Veterans Post 21 in Las Vegas, and offered rides for donations with a percentage of each donation going to the charity.

But Beauregard said Monday that he was warned that his drivers would be arrested and their pedicabs impounded by Metro officers if they continued to operate.

Beauregard's counterpart at Silver State already has been to court to try to avert a shut-down.

A Clark County District Court judge last week rejected a request for an injunction on behalf of Huff-N-Stuff LLC, which operates Silver State Pedicabs.

The request sought to bar authorities from ticketing pedicab drivers and confiscating their vehicles.

Silver State sought the injunction after the Clark County Department of Business Licenses issued letter warning that pedicabs are illegal in unincorporated Clark County.

Attorney Eric Olsen, who represents Silver State Pedicab, said the company wants the county to consider regulations under which the pedicabs can operate instead of being forced off the road.

"Essentially, that's what we wanted was the county to actually look at some regulations ... instead of a blanket ban," Olsen said. "We would like the county to come to the table an address the issue."

He said Silver State has not closed its doors, but the business of leasing pedicabs is expected to be slow since the drivers could be subject to a citation if they are on the street.

"Yes, they are in business," Olsen said. "But whether they have any business, I don't know."

Stunned drivers learning the news Monday said they were surprised because they have always had a good relationship with Metro bicycle officers and the county, but now, police were threatening and harassing them.

"Metro turned on us overnight," said driver Phillip Bewley, Las Vegas, who said a Metro officer recently asked him to transport a tourist who had broken her ankle at a Strip property to her hotel.

Bewley also alleged that while off the job, he was harassed by a Metro officer, who issued him a citation while he was bicycling after the officer identified him as an AmeriCab driver.

Pedicab drivers say they frequently help Metro keep drunken drivers off the road by giving people free rides.

Now, drivers are worried about making ends meet.

"I'm going to have to figure out what I'm going to do for Christmas," said driver Eddie Ortiz, Las Vegas, who is worried about a long-term layoff and now, apparently jobless.

Ortiz said he suspected that county officials were cracking down because of complaints some have made against independent pedicab drivers not affiliated with AmeriCab or Silver State.

Beauregard said AmeriCab drivers pay $30 a day to lease a company pedicab and everything they make in tips they keep. The best drivers, he said, make $250 to $300 a day.

"It's all in the personality of the driver," Beauregard said. "Some of them sing Elvis songs, some of them whistle, some of them tell jokes. It's all an entertainment experience and the more entertaining you are, the more money you can make."

One driver, he said, only works weekends when the tourists are active and makes $450 a shift because he is so engaging with his passengers.

Pedicab operators say they get along with taxi and limousine drivers because they give passengers short rides the taxis don't want to handle. But it was limo drivers who brought safety issues to the attention of TSA Chairwoman Sandra Avants.

"The complaints we received were of such a serious nature that we knew it was time to address the public safety aspect of these vehicles," said Avants, whose state commission regulates buses and limousines in Clark County.

Avants brought together representatives of the Nevada Taxicab Authority, the county, Metro and the state attorney general's office in late October to discuss the proliferation of pedicabs.

"The TSA organized the conference in response to numerous complaints from limousine and taxicab drivers who reported either collisions or close calls in traffic as the pedicabs frequently darted in traffic without utilizing traffic signals," minutes from the meeting said.

Avants also said she was concerned that pedicab operators were not adequately insured to pay claims in the event of an accident. The TSA, which also regulates moving companies and tow-truck operators, tracks insurance and safety standards of the vehicles it monitors.

"Metro had undercover officers riding with a pedicab driver to observe how they worked," said Byram Tichenor, the TSA's new chief of enforcement. "The officer said it was a pretty scary ordeal, with his driver pedaling along at 10 mph and other traffic going around them much faster.

"They were darting in and out of Strip traffic, riding in turn lanes," Tichenor said. "There needs to be something for tourists riding in these things to be protected. There's a potential for disaster if they're not insured."

Beauregard said his company carries a $2 million insurance policy to cover his drivers, but it's possible some unaffiliated drivers are uninsured.

Beauregard said he was told by county officials that an ordinance would be drafted that "would be a win-win situation for everybody." But while he hasn't seen a draft yet, what he's hearing isn't encouraging. He said he was told that county officials are considering a ban that would restrict pedicabs to private property, effectively taking them off the streets.

"Great," Beauregard said. "They're allowing us to operate where there aren't any people."

He said his company may try to get some legal assistance from attorneys for the Jewish War Veterans Post, an organization the company befriended at last month's Veterans Day parade when it transported Jewish war veterans down the parade route.

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