Service of Notice of Motor Carrier Applications [40 Pa.B. 2726]
[Saturday, May 22, 2010]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 June 7, 2010. 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 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 each application.
A-2010-2174499. Roberts Limousine Service, LLC (3185 Penn Estates, East Stroudsburg, Monroe County, PA 18301), a limited liability company of the Commonwealth—for the discontinuance of service and cancellation of its certificate as a common carrier, by motor vehicle, authorizing the transportation of persons in limousine service, from points in Monroe, Lackawanna, Luzerne, Carbon, Lehigh, Northampton and Pike Counties, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority; subject to the following condition: that no right, power or privilege is granted to provide service within Pike County except in the Townships of Greene, Porter, Lehman and Delaware.
A-2010-2175081. Paoli Airport Limousine Service, Inc. (105 Quaker Lane, Malvern, Chester County, PA 19355), a corporation of the Commonwealth, for discontinuance of service and cancellation of its Certificate as a common carrier, by motor vehicle, authorizing the transportation of persons in airport transfer service:
A-00095548, F.2: To transport, as a common carrier, persons in limousine-type vehicles, having a seating capacity of not less than seven passengers or more than 11 passengers, from the Borough of Malvern and the Townships of Willistown, East Whiteland, Chester County, to Philadelphia International Airport in the City and County of Philadelphia, and vice versa.
A-00095548, F.2, Am-A: To transport, as a common carrier, persons in limousine type vehicles having a seating capacity of not less than seven or more than 11 passengers, including the driver, from Newtown Square, in the Township of Newtown, the Borough of Media, the Township of Springfield, and the Village of Folsom, Ridley Township, all in the County of Delaware, to the Philadelphia International Airport in the City and County of Philadelphia, and vice versa.
A-00095548, F.2, Am-D: To transport, as a common carrier, in airport transfer service, persons and their baggage, having a prior or subsequent movement by air, in limousine-type vehicles having a seating capacity of not less than seven or more than 11 passengers, without the use of taximeters or dome lights, from the Philadelphia International Airport, in the City and County of Philadelphia, and the Township of Tinicum, Delaware County, to points in the County of Delaware and vice versa; subject to the following conditions:
(a) That no right, power or privilege is granted to perform transportation to or from the Townships of Radnor, Haverford, Marple and Newtown, Delaware County.
(b) That no right, power or privilege is granted to perform transportation to or from the area in Delaware County beginning at the intersection of the Lower Marion Montgomery County Line and Ardmore Avenue and continuing along Ardmore Avenue, Ellis Road, Lawrence Road and Darby Creek to Darby Creek; thence southwardly along Darby Creek to State Road, Springfield, Saxer, Baltimore, Woodland and Kedron Avenues to MacDade Boulevard; thence northeastwardly along MacDade Boulevard to Winona Avenue; thence southwardly along Winona Avenue continuing in a straight line to the Delaware River, thence northwardly along the Delaware River to the Philadelphia County Line and thence along the Philadelphia County Line and the Montgomery County Line to the place of beginning.
(c) That no right, power or privilege is granted to perform transportation to or from the Townships of Birmingham and Concord in the County of Delaware.
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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Active Limousine, LLC;
Doc. No. C-2010-2134265COMPLAINT 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 Active Limousine, LLC, Respondent, maintains a principal place of business at 327 Par Drive, Philadelphia, PA 19115.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on March 16, 2009, at A-6410515.
3. That on September 28, 2009, at approximately 10:00 AM, at 327 Par Drive, Philadelphia, Philadelphia County, PA, Enforcement Officer Ralph Kane, a duly authorized officer of this Commission, performed an Annual Inspection on Respondent. The following violations were found:
(a) No criminal history record obtained, reviewed or maintained on drivers Samson Chaudhry and Sohail Javeed.
(b) No driver history obtained, reviewed or maintained on driver Sohail Javeed.
4. That Respondent, by failing to obtain, review and maintain a criminal history record for its drivers violated 52 Pa. Code § 29.505(a), (b) and (d). The penalty is $250.00 per violation for a total penalty of $500.00.
5. That Respondent, by failing to obtain, review and maintain a driver history record for a driver, violated 52 Pa. Code § 29.504(a), (b) and (c). The penalty is $100.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Active Limousine, LLC, the sum of six hundred dollars ($600.00) for the illegal activity described in this complaint, and order such other remedy as the Commission may deem to be appropriate.
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 the Bureau will 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: ______ _________________
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforce ment
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 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 an Order imposing a penalty.
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 Commonwealth of Pennsylvania and should be 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 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 an Order imposing a penalty.
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.
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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Stylin' Limousine, Inc.;
Doc. No. C-2010-2127742COMPLAINT 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 Stylin' Limousine, Inc., respondent, maintains its principal place of business at 1938 North Center Avenue, Somerset, PA 15501.
2. That respondent was issued a certificate of public convenience by this Commission on November 19, 2001, at Application Docket No. A-00117376.
3. That respondent's operating rights were suspended on March 12, 2008, for failure to maintain evidence of insurance on file with this Commission. The suspension was lifted August 7, 2009.
4. On September 30, 2009, Enforcement Officer Brian McGowan traveled to respondent's place of business in an attempt to meet with owner, Dan Colefish. Officer McGowan left a business card due to Mr. Colefish being unavailable. Again on October 20, 2009, Officer McGowan traveled to respondent's place of business which resulted in another unsuccessful attempt to meet with Mr. Colefish. As a result, Officer McGowan sent a ten (10) day certified letter to respondent requesting copies of all trips sheets from March 1, 2008, through and including August 31, 2009. On October 27, 2009, Mr. Colefish contacted the Altoona District Office and left his telephone number and a message for Officer McGowan to contact him. On November 12, 2009, Mr. Colefish contacted Officer McGowan and advised him that the requested documents were faxed to the district office. Officer McGowan advised Mr. Colefish that he had not received the documents, possibly because of the recent office closure and asked if he could pick up the documents. Mr. Colefish stated that Officer McGowan could pick up the trip sheets at his attorney's office. A review of the documents indicated that respondent provided a trip on March 22, 2008, which was during the period of lapsed insurance coverage. In addition, a review of the trip sheet revealed that the trip sheet failed to have the name of the certificated carrier and the PUC A number.
5. That respondent, by permitting its vehicle to be operated while under suspension, violated 52 Pa. Code § 32.2 and § 32.11 and 66 Pa.C.S. § 501(c), in that it failed to observe, obey and comply with a Commission regulation or order, and the terms and conditions thereof. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is $1,000 and cancellation of the certificate of public convenience.
6. That respondent, by failing to retain a completed driver trip sheet, violated 52 Pa. Code § 29.335(a)(2). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is $50.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Stylin' Limousine, Inc., the sum of one thousand fifty dollars ($1,050.00) for the illegal activity described in this complaint and cancellation of the certificate of public convenience at A-00117376.
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 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: ______ _________________
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforce ment
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 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:
Rosemary Chiavetta, 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 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. If you file an answer which either 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 you certificate of public convenience, it may also impose an additional fine of up to $1,000.
D. 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.
E. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.
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Pennsylvania Public Utility Commission,
Bureau of Transportation and Safety v.
Delaware Valley Recovery System;
Doc. No. C-2010-2172256COMPLAINT 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 Delaware Valley Recovery System, Respondent, maintains its principal place of business at 516 Sterner Mill Road, Feasterville, PA 19053.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on November 7, 1995, at Application Docket No. A-00112428.
3. That on December 20, 2007, Respondent received an initial assessment of $201.00. On August 29, 2008, Respondent received an initial assessment of $206.00, and on September 9, 2009, Respondent received an initial assessment of $216.00. Respondent failed to pay these assessments; therefore, a balance was due in the amount of $623.00.
4. That Respondent has an outstanding assessment of $623.00.
5. That Respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).
6. That Respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).
Wherefore, unless Respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which cancels the Certificate of Public Convenience issued to Respondent, notifies the Pennsylvania Department of Revenue that Respondent's Certificate of Public Convenience has been revoked, notifies Respondent's insurance carrier that Respondent's Certificate of Public Convenience has been revoked, and 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, 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: ______ _________________
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforce ment
Bureau of Transportation and SafetyNOTICE A. You must file an Answer within twenty 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). 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 copies sent to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty days, 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.
C. You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:
Bureau of Administrative Services
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. If you file an Answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue an Order imposing a penalty (see Paragraph B). 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 penalty set forth in Paragraph B.
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. 10-972. Filed for public inspection May 21, 2010, 9:00 a.m.]
