PENNSYLVANIA PUBLIC UTILITY COMMISSION Service of Notice of Motor Carrier Applications [38 Pa.B. 6435]
[Saturday, November 22, 2008]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 8, 2008. 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-2008-2072531. Amish Express, LLC (240 Letort Road, Millersville, Lancaster County, PA 17551)--persons, in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania and return.
A-2008-2073231. Joseph C. Brown, t/a Endless Mountain Transportation (915 SR 29 South, Tunkhannock, Wyoming County, PA 18657), begin right to transport, 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 Susquehanna, Bradford and Wyoming, to points in Pennsylvania, and return.
A-2008-2073262. Glass City Limousine, Inc., t/a 2 Brothers Limo (P. O. Box 469, Ford City, Armstrong County, PA 16226), a corporation of the Commonwealth--persons, in limousine service, from points in the Counties of Armstrong, Washington, Westmoreland, Indiana, Butler, Clarion and Allegheny, to points in Pennsylvania and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. Attorney: William A. Gray, Esq., Vuono and Gray, LLC, 310 Grant Street, Suite 2310, Pittsburgh, PA 15219.
Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons as described under the application.
A-2008-2073090. Pocono Cab Company, LLC (399 Oak Street, East Stroudsburg, Monroe County, PA 18301)--a limited liability corporation of the Commonwealth--persons upon call or demand from points in Monroe County: So As To Permit--persons upon call or demand service, in the Counties of Pike and Carbon, and from points in the Boroughs of Wind Gap, Pen Argyl and Bangor, and the Townships of Plainfield, Washington and Upper Bethel, all in Northampton County. Attorney: Craig A. Doll, 25 West Second Street, P. O. Box 403, Hummelstown, PA 17036.
A-2008-2073650. Peter Equere, t/a Peace Taxi Company (P. O. Box 13039, Harrisburg, Dauphin County, PA 17110)--for amendment to his common carrier certificate, which grants the right, inter alia--to transport persons, upon call or demand, in the City of York, York County and the Borough of Gettysburg, Adams: So As To Permit the transportation of persons, upon call or demand, in the Counties of Dauphin and Cumberland.
Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.
A-2008-2053623.--Corrected--Jetway Transport, Inc. t/a Admiral Cab, Inc. (908 Dekalb Street, Bridgeport, Montgomery County, PA), a corporation of the Commonwealth--persons, upon call or demand; (1) In the Borough of Narberth, and that portion of Lower Merion Township, Montgomery County, beginning at the joinder of the Schuylkill River and City Line Avenue, thence northwardly along the Schuylkill River to its joinder with Mill Creek Road, thence westward along Mill Creek Road to its intersection with Gulph Road, then southwardly along Gulph Road to its intersection with Gypsy Lane, thence southeastwardly along Gypsy Lane and its merger with Wynnewood Avenue to its intersection with City Line Avenue, thence eastwardly along City Line Avenue to the point of beginning; subject to the following condition: That no right, power or privilege is granted to originate service from City Line Avenue addresses on the Montgomery County side of City Line Avenue from the Route 76 exit to Old Lancaster Road; (2) In the Townships of Marple, Upper Providence and Newtown, Delaware County, and that part of Lower Merion Township, Montgomery County, on and east of a line beginning at Waverly Road and the Schuylkill River, thence southeastwardly along Waverly Road to its intersection with Morris Avenue, then southeastwardly along Morris Avenue to its intersection with Old Gulph Road, then westward along Old Gulph Road to its merger with Roberts Road, then southward along Roberts Road to the Montgomery-Delaware County Line; (3) In the Boroughs of Conshohocken and West Conshohocken, Montgomery County; the Township of Radnor, Delaware County; and (4) In the Townships of Tredyffrin, Easttown, Willistown, East Whiteland, West Whiteland, Charlestown, East Goshen and the Borough of Malvern, all located in Chester County, and the Township of Upper Merion, Montgomery County, So As To Permit the transportation of persons upon call or demand service, from points in Valley Forge, Phoenixville, Malvern and Exton, Chester County, excluding service that is under the jurisdiction of the Philadelphia Parking Authority, which is to be a transfer of all the rights authorized under the Certificate issued at A-00120256 to Admiral Cab, Inc.
Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods as described under each application.
A-2008-2062242. Old City Movers, Inc. (1324 North 4th Street, Philadelphia, Philadelphia County, PA 19122), a corporation of the Commonwealth, for the right to begin to transport, as a common carrier, by motor vehicle, household goods in use between points in the City and County of Philadelphia and from points in the City and County of Philadelphia to points in the Counties of Berks, Bucks, Chester, Delaware and Montgomery.
____ Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Fargo Logistics, Inc.;
Doc. No. C-2008-2046501COMPLAINT 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 Fargo Logistics, Inc. (respondent) is under suspension effective July 18, 2008 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 1097 Zeager Road, Elizabethtown, PA 17022.
3. That respondent was issued a Certificate of Public Convenience by this Commission on April 25, 2008, at A-899980.
4. That respondent has failed to maintain evidence of Liability insurance and Cargo insurance on file with this Commission. The penalty is $250.00.
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 pays the penalty of $250.00 and 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-899980 for failure to maintain evidence of current insurance on file with the Commission; (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint; (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration; and (4) imposes an additional fine on the respondent should cancellation occur.
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, 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
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 and by paying the $250.00 fine proposed in the Complaint by certified check or money order 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 17105-3265Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
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.
____ Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Loiseau Corp.;
Doc. No. C-2008-2044714COMPLAINT 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 Loiseau Corp. (respondent) is under suspension effective July 15, 2006 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 641 North Broad Street, Philadelphia, PA 19123.
3. That respondent was issued a Certificate of Public Convenience by this Commission on September 24, 1996, at Application Docket No. A-00113002.
4. That respondent has failed to maintain evidence of 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-00113002 for failure to maintain evidence of current insurance on file with the Commission; (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint; (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration; and (4) imposes an additional fine on the respondent should cancellation occur.
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, 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
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 and by paying the fine proposed in the Complaint by certified check or money order 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 17105-3265Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
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.
____ Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Francis Belotta t/a B&B Trucking; Doc. No. C-2008-2048075 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 Francis Belotta t/a B&B Trucking (respondent) is under suspension effective August 19, 2005 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 8019 Hillcrest Drive, Tobyhanna, PA 18466.
3. That respondent was issued a Certificate of Public Convenience by this Commission on December 16, 2002, at A-00119332.
4. That respondent has failed to maintain evidence of Liability insurance and Cargo insurance on file with this Commission. The penalty is $250.00.
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 pays the penalty of $250.00 and 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 A-00119332 for failure to maintain evidence of current insurance on file with the Commission; (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint; (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration; and (4) imposes an additional fine on the respondent should cancellation occur.
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, 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
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 and by paying the $250.00 fine proposed in the Complaint by certified check or money order 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 17105-3265Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
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.
____ Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Chesapeake Logistics, LLC; Doc. No. C-2008-2050879 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 Chesapeake Logistics, LLC (respondent) is under suspension effective August 1, 2007 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 5304 Sunnyside Avenue, Beltsville, MD 20705.
3. That respondent was issued a Certificate of Public Convenience by this Commission on April 25, 1996, at Application Docket No. A-00119985.
4. That respondent has failed to maintain evidence of 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-00119985 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.
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, 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
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 and by paying the fine proposed in the Complaint by certified check or money order 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 17105-3265Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
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.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 08-2132. Filed for public inspection November 21, 2008, 9:00 a.m.]
