Service of Notice of Motor Carrier Applications [37 Pa.B. 6184]
[Saturday, November 17, 2007]The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by December 10, 2007. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.
Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.
A-00124184. Lawrence L. Williams, Sr. (2 Scotrun Acres, Lot 3-5, Henryville, Monroe County, PA 18332)--persons, upon call or demand, in the Townships of Mt. Pocono, Tobyhanna, Stroudsburg and East Stroudsburg, Monroe County.
A-00124186. Peter Equere, t/a Peace Taxi Company (P. O. Box 13039, Harrisburg, Dauphin County, PA 17110)--persons upon call or demand, in the City of York, located in York County and the Borough of Gettysburg, located in Adams County.
A-00124187. McHenry's Transportation, LLC (220 Reinaker Road, Danville, Montour County, PA 17821)--a limited liability company of the Commonwealth--persons, in paratransit service, from points in the Counties of Montour and Columbia, to points in Pennsylvania, and return.
A-00124188. Michelle Gugliotti, t/a Gugliotti Transportation (40 Watkins Street, Swoyersville, Luzerne County, PA 18704)--persons in paratransit service, between point in Luzerne County, subject to the following conditions: (1) That, service shall be limited to transportation of ambulatory passengers; (2) That, service is to be limited to the use of vehicles that have not been modified to handle wheelchairs; (3) That, service is limited to or from United Rehabilitation Centers and/or Day Development programs within the City of Wilkes-Barre and surrounding communities in Luzerne County.
Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under the application.
A-00118146, F3. John D'amico, t/a First Class Luxury Limos (P. O. Box 1555, Delran, NJ 08075)--for the additional right to begin to transport, as a common carrier, by motor vehicle, persons in group and party service, in vehicles seating 11 to 15 passengers, including the driver, from points in the Counties of Philadelphia, Bucks, Chester, Delaware and Montgomery, to points in Pennsylvania and return.
Application of the following for the approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under the application.
A-00120856. Charles C. Roberts, III (353 Sawmill Road, Strasburg, Lancaster County, PA 17579)--discontinuance of service--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Windstar Transport, Inc.; Doc. No. A-00118950C
COMPLAINT The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:
1. That all authority issued to Windstar Transport, Inc. (respondent) is under suspension effective 07/23/2007 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at Windstar Transport, Inc., P. O. Box 493, Tannersville, PA 18372.
3. That respondent was issued a Certificate of Public Convenience by this Commission on 1/13/2004 at Application Docket No. A-00118950.
4. That respondent has failed to maintain evidence of bodily injury and property damage liability insurance on file with this Commission.
5. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
Wherefore, unless respondent causes its insurer to file evidence of insurance with this Commission within twenty (20) days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00118950 for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, Wendy J. Keezel, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect that the Bureau will be able to prove same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: _____ __________
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforcement
Division
Bureau of Transportation and SafetyNOTICE A. You must file an Answer within twenty (20) days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and Notice, 52 Pa. Code § 1.56(a). An Answer is a written explanation of circumstances wished to be considered in determining the outcome. The Answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your Answer must be verified and the original and three (3) copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty (20) days of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or Order of the Commission is a separate and distinct offense, subject to additional penalties.
C. You may elect not to contest this Complaint by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty (20) days of the date of service of this Complaint. The proof of insurance must be filed with the
Compliance Office, Bureau of Transportation
and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. Acord Certificates of Insurance and Faxed Form Es and Hs Are Unacceptable as Evidence of Insurance.
D. If you file an Answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.
E. If you file an Answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision. The judge is not bound by the optional fine set forth above.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.
____ Public Meeting held
May 19, 2005Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Kim Pizzingrilli
Pennsylvania Public Utility Commission v.
Travel With Comfort, Inc.;
A-00115561C0401; A-00115561, F.3Order By the Commission:
On January 22, 2004, the Bureau of Transportation and Safety instituted a Complaint against Travel With Comfort, Inc., Respondent, alleging failure to maintain evidence of bodily injury and property damage liability insurance on file with this Commission, a violation of the Public Utility Code at 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
In accordance with 52 Pa. Code § 5.61, the Bureau of Transportation and Safety notified the Respondent that, unless its insurer files evidence of insurance with this Commission, Respondent must file an Answer to the Complaint within twenty days of the date of service. The Notice further specified that, if Respondent failed to answer the Complaint within twenty days, the Bureau of Transportation and Safety would request the Commission issue an order which cancels Respondent's Certificate of Public Convenience.
The Complaint was published in the January 22, 2004, Pennsylvania Bulletin. To date, more than twenty days later, Respondent has failed to file an Answer to the Complaint and has failed to have its insurer file evidence of insurance with this Commission.
Therefore, it is Ordered That:
1. The allegations in the Complaint are deemed to be admitted.
2. The Complaint is hereby sustained.
3. The Certificate of Public Convenience, issued to Respondent at A-00115561, F.3, is hereby cancelled.
4. Respondent is assessed a fine in the amount of $250 for failing to comply with the provisions of 66 Pa.C.S. § 512. Payment must be made by certified check or money order payable to the PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
5. Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of Respondent's Certificate of Public Convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.
6. Should Respondent wish to again begin transportation operations in the Commonwealth of Pennsylvania, Respondent must file a Petition for Reinstatement of its Certificate for good cause, in accordance with the provisions of 52 Pa. Code § 5.41(a) and 1 Pa. Code § 35.17. An original and three copies shall be filed within 15 days of receipt of this letter. The Petition shall be filed with the Secretary, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. A copy of the Petition must also be served on the Bureau of Transportation and Safety and all other parties to the proceeding. The Commission will either grant or deny the Petition. If the Petition is denied or a timely Petition is not filed, Respondent must file a new application for authority in order to obtain a Certificate of Public Convenience. The Commission will assess the following five factors in deciding whether to grant or deny a Petition for Reinstatement: (1) Respondent's violation history of Commission rules and regulations, (2) Respondent's outstanding obligations to the Commission, such as monetary penalties, assessments, and insurance filings, (3) the timeliness of Respondent's filing of the Petition from the date of cancellation of its Certificate, (4) Respondent's rationale given for the violation resulting in the cancellation of its Certificate, and (5) Respondent's solution to prevent future violations of Commission rules and regulations. Respondent's Petition for Reinstatement should address each of these five factors. Further, the Petition must be accompanied by an Affidavit or Verification stating: ''that the facts above set forth are true and correct to the best of my knowledge, information and belief. I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities'' as set forth at 52 Pa. Code § 1.36. The Verification must be signed and dated. Respondent must pay all outstanding assessments and fines before this Commission will act on a Petition for Reinstatement. Payment must be made by certified check or money order payable to the PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
By the Commission,
____ Public Meeting held
July 11, 2007Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Terrance J. Fitzpatrick; Tyrone J. Christy; Kim Pizzingrilli
Pennsylvania Public Utility Commission v. Bruce R. Patterson, Jr., t/a B and D Mailing Services;
A-00114047C0701; A-00114047Order By the Commission:
On April 9, 2007, the Bureau of Transportation and Safety instituted a Complaint against Bruce R. Patterson, Jr., t/a B and D Mailing Services, respondent, alleging failure to pay outstanding assessments of $1,169, a violation of the Public Utility Code at 66 Pa.C.S. § 510(c).
In accordance with 52 Pa. Code § 5.61, the Bureau of Transportation and Safety notified the Respondent that it must file an Answer to the Complaint within twenty days of the date of service. The Notice further specified that, if respondent failed to answer the Complaint within twenty days, the Bureau of Transportation and Safety would request the Commission issue an order cancelling respondent's Certificate of Public Convenience, requesting the Pennsylvania Department of Transportation to put an administrative hold on the respondent's motor vehicle registrations and notifying the Pennsylvania Department of Revenue and respondent's insurance carriers that respondent's Certificate is revoked.
The Complaint was served on respondent on May 2, 2007. To date, more than twenty days later, respondent has failed to file an Answer to the Complaint.
Therefore, it is Ordered That:
1. The allegations in the Complaint are deemed to be admitted.
2. The Complaint is hereby sustained.
3. The Certificate of Public Convenience, issued to respondent at A-00114047 is hereby cancelled.
4. Commission will request Pennsylvania Department of Transportation to put an administrative hold on respondent's vehicle registrations. Respondent will NOT be able to register any new vehicles or renew any existing vehicle registrations until all past due assessments are paid, all past due fines are paid, all insurance filings are up to date, and it holds an active Certificate of Public Convenience issued by this Commission.
This Secretarial Cancellation Letter will also be served on:
The Department of Revenue
Bureau of Audit Programs
Sales and Use Taxes
Tenth Floor, Strawberry Square
Harrisburg, PA 17128-1061and on respondent's insurance carriers:
Allstate Insurance Company
3075 Sanders Road
Suite H1A
Northbrook, IL 60062-7127State Auto National Insurance Company
518 East Broad Street
Columbus, OH 43215-39765. Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of respondent's Certificate of Public Convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.
6. Should respondent wish to again begin transportation operations in the Commonwealth of Pennsylvania, respondent must file a new application for authority in order to obtain a Certificate of Public Convenience. The respondent must pay all outstanding assessments and fines before this Commission will act on an application for authority. Payment must be made by certified check or money order payable to the PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
By the Commission,
____ Public Meeting held
May 19, 2005Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Kim Pizzingrilli
Pennsylvania Public Utility Commission v.
Travel With Comfort, Inc.;
A-00115561C0401; A-00115561, F.3cOrder By the Commission:
On January 22, 2004, the Bureau of Transportation and Safety instituted a Complaint against Travel With Comfort, Inc., Respondent, alleging failure to maintain evidence of bodily injury and property damage liability insurance on file with this Commission, a violation of the Public Utility Code at 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
In accordance with 52 Pa. Code § 5.61, the Bureau of Transportation and Safety notified the Respondent that, unless its insurer files evidence of insurance with this Commission, Respondent must file an Answer to the Complaint within twenty days of the date of service. The Notice further specified that, if Respondent failed to answer the Complaint within twenty days, the Bureau of Transportation and Safety would request the Commission issue an order which cancels Respondent's Certificate of Public Convenience.
The Complaint was published in the January 22, 2004 Pennsylvania Bulletin. To date, more than twenty days later, Respondent has failed to file an Answer to the Complaint and has failed to have its insurer file evidence of insurance with this Commission.
Therefore, it is Ordered That:
1. The allegations in the Complaint are deemed to be admitted.
2. The Complaint is hereby sustained.
3. The Certificate of Public Convenience, issued to Respondent at A-00115561, F.3, is hereby cancelled.
4. Respondent is assessed a fine in the amount of $250 for failing to comply with the provisions of 66 Pa.C.S. § 512. Payment must be made by certified check or money order payable to the PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
5. Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1, et seq. In view of the cancellation of Respondent's Certificate of Public Convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.
6. Should Respondent wish to again begin transportation operations in the Commonwealth of Pennsylvania, Respondent must file a Petition for Reinstatement of its Certificate for good cause, in accordance with the provisions of 52 Pa. Code § 5.41(a) and 1 Pa. Code § 35.17. An original and three copies shall be filed within 15 days of receipt of this letter. The Petition shall be filed with the Secretary, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. A copy of the Petition must also be served on the Bureau of Transportation and Safety and all other parties to the proceeding. The Commission will either grant or deny the Petition. If the Petition is denied or a timely Petition is not filed, Respondent must file a new application for authority in order to obtain a Certificate of Public Convenience. The Commission will assess the following five factors in deciding whether to grant or deny a Petition for Reinstatement: (1) Respondent's violation history of Commission rules and regulations, (2) Respondent's outstanding obligations to the Commission, such as monetary penalties, assessments, and insurance filings, (3) the timeliness of Respondent's filing of the Petition from the date of cancellation of its Certificate, (4) Respondent's rationale given for the violation resulting in the cancellation of its Certificate, and (5) Respondent's solution to prevent future violations of Commission rules and regulations. Respondent's Petition for Reinstatement should address each of these five factors. Further, the Petition must be accompanied by an Affidavit or Verification stating: ''that the facts above set forth are true and correct to the best of my knowledge, information and belief. I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities'' as set forth at 52 Pa. Code § 1.36. The Verification must be signed and dated. Respondent must pay all outstanding assessments and fines before this Commission will act on a Petition for Reinstatement. Payment must be made by certified check or money order payable to the PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 07-2105. Filed for public inspection November 16, 2007, 9:00 a.m.]
