PENNSYLVANIA PUBLIC UTILITY COMMISSION Service of Notice of Motor Carrier Applications [32 Pa.B. 6029] 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 (Commission). Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code § 3.381 (relating to the applications for transportation of property, household goods in use and persons). Each protest should 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, on or before December 30, 2002. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary from 8 a.m. to 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.
Application of the following for approval to begin operating as common carrier for transportation of persons as described under the application.
A-00119401. Joyce Joyner Puckett (35 Blackburn Road, Quarryville, Lancaster County, PA 17566)--persons in paratransit service, whose personal convictions prevent them from owning or operating a motor vehicle, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and vice versa.
Application of the following for approval of the right to begin to operate as a broker for the transportation of persons as described under the application.
A-00119402. Gary and Sarah Hock t/d/b/a G & S Tours Representatives (1278 Black Gap Road, Fayetteville, Franklin County, PA 17222)--brokerage license--to arrange for the transportation of persons, between points in Pennsylvania.
Complaint Pennsylvania Public Utility, Commission, Bureau of Transportation and Safety v. Atlantic Limousine Services Inc.; Doc. No. A-00117753C02
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 Atlantic Limousine Services, Inc., respondent, maintains its principal place of business at 250 Beverly Blvd., Apt. E 107, Upper Darby, Pennsylvania 19082.
2. That respondent was issued a certificate of public convenience by this Commission on October 19, 2001, at Application Docket No. A-00117753.
3. That respondent, on May 14, 2002, at approximately 5:00 p.m., at Philadelphia, Philadelphia County, Pennsylvania, permitted a certain 1995 Lincoln Limousine bearing Pennsylvania License No. LM22169, Vehicle Identification No. 1LNLM81W4SY645625, to be operated.
4. That the vehicle described in Paragraph 3 of this complaint was inspected by Enforcement Officer Ralph G. Kane, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 3 and the following violation was disclosed:
(a) No trip sheet.
5. That respondent, by failing to have a driver log sheet or a trip sheet in its vehicle, violated 52 Pa. Code § 29.335(a). Penalty is $50.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Atlantic Limousine Services, Inc., the sum of fifty dollars ($50.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, Michael E. Hoffman, 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 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.
Date: ______ ______ Michael E. Hoffman NOTICE 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 out come. 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, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.
C. You may elect not to contest this complaint by paying the fine proposed in this complaint by certified check or money order. Payment must be made to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your 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 a Secretarial Letter imposing a penalty (see B).
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 in C, above.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 02-2203. Filed for public inspection December 6, 2002, 9:00 a.m.]
