Chris “Neils” Nielsen has written in to the comments section  of the safety meeting post.  He suggests that his company is hear to stay.  He also suggests that he is operating a legal business, and holds himself to the same standards that Taxi and Pedicab companies are held to.  Chris further suggests that the pedicab community has been putting forth our best efforts to make him operate his business following the same standards expected of Automobile and Bicycle Taxi services.  Honestly any efforts that have been put forth have been spotty and half arsed and lacking any follow through.  Maybe it is time to put forth some “Best efforts” to continually inform the city of the ongoing illegal operation of Capitol Cruisers.

Capitol Cruisers says:
5. January, 2009 at 15:53

. . . And I thought my golf carts were subject to some pretty harsh and unfair scrutiny. We don’t have to be enemies you know. We aren’t going anywhere, no matter how many insults, videotapes, or police reports that are made we are here to stay. The city is working with us to get us an operations permit, can’t we all just get along?!?!?! I was surprised at the level of hostility my company received when we started last July (extreme aggression, slanderous untrue comments, and one of you even spit on my little sister when she was driving!!!). After receiving numerous citations from APD (all of which were dismissed by the way)we are still operating despite the best efforts of those in your community which will remain nameless to have us shut down. We are insured, my drivers have spotless driving/criminal history records, and even the Mayor has taken a ride with us and loved it! This is America guys. . .We can be mortal enemies, or we can be friends. I prefer the latter.

Chris Nielsen
Owner
Capitol Cruisers

So Far there have been a couple of responses to his claims.  They are included below.

Ken Cameron says:
5. February, 2009 at 18:46
Chris,

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?

-Ken Cameron

romanzoo says:
7. February, 2009 at 18:36
Drunk Tosser: a hi speed golf cart hauling drunk poeple with no seat belts that travels at a hi speed with rear facing seats.

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.

ATX says:
7. February, 2009 at 18:44
Hey guys, I hope you don’t mind if I chime in here…

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.

For reference of about who Chris “Niels” Nielson is I have collected a few posts from his myspace blog, and a video of his employees breaking the law.

Chris Niels Nielson gets a DWI

Chris Niels Nielson uses physical intimidation to scare his competitors employees