310 Service of notice of motor carrier applications?  

  • Service of Notice of Motor Carrier Applications

    [41 Pa.B. 988]
    [Saturday, February 19, 2011]

     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 March 7, 2011. 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-2010-2195604. Ameriquest Ambulance, Inc. (2755 Philmont Avenue, Suite 100, Huntingdon Valley, Huntingdon County, PA 19006)—a corporation of the Commonwealth of Pennsylvania—in paratransit service, limited to the transportation of individuals who are non-ambulatory or individuals who require medical monitoring due to chronic or acute medical conditions, from points in the Counties of Bucks and Montgomery, and the City and County of Philadelphia, to points in Pennsylvania, and return.

    A-2011-2223613. Kuhn Transportation, LLC (3 Adventure Lane, Jim Thorpe, Carbon County, PA 18229)—persons in paratransit service, between points in Pennsylvania.

    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-2011-2224738. Greensburg Yellow Cab Co. (951 West Pittsburgh Street, Greensburg, Westmoreland County, PA 15601), a corporation of the Commonwealth of Pennsylvania—for amendment to its existing right to transport, as a common carrier, by motor vehicle, persons in paratransit service, under certificate issued at A-00120017, F. 2; So As To Permit: the transportation of persons, in paratransit service between points in the County of Westmoreland, et al.; which is to be a transfer of all of the paratransit rights under the certificate issued at A-00103670, F. 3, F. 3, Am-A, F. 3, Am-B and F. 3, Am-D to S & S Transit, Inc.; subject to the same limitations and conditions. Attorney: William A. Gray, Esquire, Vuono & Gray, LLC, 310 Grant Street, Suite 2310, Pittsburgh, PA 15219.

    Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.

    A-2011-2224492. Greensburg Yellow Cab Co, (951 West Pittsburgh Street, Greensburg, Westmoreland County, PA 15601), a corporation of the Commonwealth of Pennsylvania—for the additional right to begin to transport persons, in group and party service, in vehicles seating fifteen passengers or less, including the driver, between points in the County of Westmoreland, and from points in said County and the County of Allegheny, to points in Pennsylvania, and return, excluding that service which is under the jurisdiction of the Philadelphia Parking Authority; which is to be a transfer of all of the group and party rights under the certificate issued at A-00103670, F. 4 to S & S Transit, Inc. Attorney: William A. Gray, Esquire, Vuono & Gray, LLC, 310 Grant Street, Suite 2310, Pittsburgh, PA 15219.

    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-2011-2224519. TDF Services, Inc. (109 Dark Hollow Road, Oakmont, Allegheny County, PA 15139), a corporation of the Commonwealth of Pennsylvania, for the additional right to begin to transport, as a common carrier, by motor vehicle, persons in Group and Party 11-15 service, between points in the Counties of Allegheny, Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Lawrence, Mercer, Somerset, Washington and Westmoreland, excluding service between points in Allegheny County which are under the jurisdiction of the Allegheny Port Authority.

    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 the application.

    A-2011-2223608. Andrew Zimdahl (1932 West Girard Avenue, Philadelphia, Philadelphia County, PA 19130)—household goods in use, between points in the counties of Bucks, Chester, Delaware, Montgomery and Philadelphia.

    Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of household goods by transfer of rights as described under the application.

    A-2011-2224735. J. G. Naughton, Inc. (1705 Raspberry Street, Erie, Erie County, PA 16502), a corporation of the Commonwealth of Pennsylvania, for the additional right to its common carrier certificate which grants the right to transport, as a motor common carrier, property, excluding household goods in use, between points in Pennsylvania; So As To Permit the transportation of household goods in use: (a) between points in the County of Erie, and from points in the County of Erie, to points in Pennsylvania, and vice versa; and (b) between points in the City of Erie, Erie County, and within 25 miles by the usually traveled highways of the limits of said City, and from points in the said territory, to points in Pennsylvania, and vice versa, which is to be a transfer of the household goods in use rights authorized under the Certificate issued at A-00114281 to Piper Moving Systems, Inc., subject to the same limitations and conditions. Attorney: William A. Gray, Esquire, Vuono & Gray, LLC, 310 Grant Street, Suite 2310, Pittsburgh, PA 15219

    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-2011-2224416. Tina L Rittenhouse, t/a Rittenhouse Busing (460 Mountain Lane, McVeytown, PA 17051)—for the discontinuance of service and cancellation of her certificate as a common carrier, persons in paratransit service, from points in Mifflin County to points in Pennsylvania, and return.

    Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Ralph G Smith, Inc.;
    Doc. No. C-2011-2215756

    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 Ralph G Smith, Inc., (respondent) is under suspension effective December 07, 2010 for failure to maintain evidence of insurance on file with this Commission.

     2. That respondent maintains a principal place of business at 239 E. Market St., West Chester, PA 19380.

     3. That respondent was issued a Certificate of Public Convenience by this Commission on July 11, 1956, at A-00083135.

     4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.

     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 $500 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-00083135 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) 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 17105-3265

    VERIFICATION

     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 Safety

    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 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:

        Rosemary Chiavetta, Secretary
    Pennsylvania Public Utility Commission
    P. O. Box 3265
    Harrisburg, PA 17105-3265

     B. 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 $500 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 Transporta tion and Safety
    Pennsylvania Public Utility Commission
    P. O. Box 3265
    Harrisburg, PA 17105-3265

     Acord 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

        Rosemary Chiavetta, Secretary
    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 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.

    Pennsylvania Public Utility Commission Bureau of Transportation and Safety v. Gerald L. Thomas, t/a Thomas Trucking; Doc. No. C-2010-2209184

    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 Gerald L. Thomas, t/a Thomas Trucking, (respondent) is under suspension effective October 30, 2010 for failure to maintain evidence of insurance on file with this Commission.

     2. That respondent maintains a principal place of business at 96 Linwood Avenue, Jamestown, NY 14701-8314.

     3. That respondent was issued a Certificate of Public Convenience by this Commission on April 01, 2009, at A-8910797.

     4. That respondent has failed to maintain evidence of Cargo insurance on file with this Commission. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.

     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 $500 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-8910797 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) 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,

    Michael E. Hoffman, Director
    Bureau of Transportation and Safety
    P. O. Box 3265
    Harrisburg, PA 17105-3265

    VERIFICATION

     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 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: ____ _________________

    Michael E. Hoffman, Director
    Bureau of Transportation and Safety

    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 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:

        Rosemary Chiavetta, Secretary
    Pennsylvania Public Utility Commission
    P. O. Box 3265
    Harrisburg, PA 17105-3265

     B. 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 $500 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 Transporta tion and Safety
    Pennsylvania Public Utility Commission
    P. O. Box 3265
    Harrisburg, PA 17105-3265

     Acord 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:

        Rosemary Chiavetta, Secretary
    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 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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.

    Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Satellite Limousine, Inc.;
    Doc. No. C-2011-2213700

    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 Satellite Limousine, Inc., (respondent) is under suspension effective November 25, 2010 for failure to maintain evidence of insurance on file with this Commission.

     2. That respondent maintains a principal place of business at 2075 Byberry Road, Suite 102, Bensalem, PA 19020-3057.

     3. That respondent was issued a Certificate of Public Convenience by this Commission on November 30, 2005, at A-00121758.

     4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.

     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 $500 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-00121758 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) 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 17105-3265

    VERIFICATION

     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 Safety

    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 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:

        Rosemary Chiavetta, Secretary
    Pennsylvania Public Utility Commission
    P. O. Box 3265
    Harrisburg, PA 17105-3265

     B. 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 $500 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 Transporta tion and Safety
    Pennsylvania Public Utility Commission
    P. O. Box 3265
    Harrisburg, PA 17105-3265

     Acord 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:

        Rosemary Chiavetta, Secretary
    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 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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.

    ROSEMARY CHIAVETTA, 
    Secretary

    [Pa.B. Doc. No. 11-310. Filed for public inspection February 18, 2011, 9:00 a.m.]

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