NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[36 Pa.B. 667]

   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 February 27, 2006. 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-00122383. Racing Limos of York, LLC (210 Pebble Beach Drive, Mount Wolf, York County, PA 17347)--persons, in limousine service, from points in the Counties of York and Adams, to points in Pennsylvania, and return. Attorney: J. Bruce Walter, Esquire, P. O. Box 1146, Harrisburg, PA 17108-1146.

   A-00122379. Gregory E. Ruffo t/a Ruffo's Auto Repair (401 North 4th Street, Youngwood, Westmoreland County, PA 15697)--persons, in limousine service, from points in the County of Westmoreland, to points in Pennsylvania, and return.

   A-00122391. Susan R. Wingert (P. O. Box 694, 410 Maple Street, Terre Hill, Lancaster County, PA 17581)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Roma
Torres; Doc. No. A-00120888C0501

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 Roman Torres, respondent, maintains his principal place of business at 3601 Conshocken Ave., #501, Philadelphia, Pa. 19131.

   2.  That respondent was issued a certificate of public convenience by this Commission on September 7, 2004, at Application Docket No. A-00120888.

   3.  That respondent, by Commission Secretarial Letter dated July 9, 2004, was informed to submit a copy of a current satisfactory safety rating from the U. S. Department of Transportation or another state, within 180 days, or complete a safety fitness review by a Commission enforcement officer. A satisfactory safety rating must be achieved by respondent in order to maintain a certificate of public convenience to operate as a common carrier of property between points in the Commonwealth of Pennsylvania. Beginning in September, 2004, Enforcement Officer Charles F. Myers of the Philadelphia District Office made numerous attempts to contact respondent, but all were unsuccessful. On March 7, 2005, the Philadelphia District Office attempted to contact respondent by first class mail to scheduled a Safety Fitness Review. Respondent failed to respond to the letter. All attempts to reach respondent by the Philadelphia District Office were unsuccessful. On March 24, 2005, the Bureau of Transportation and Safety's safety office reported that respondent had failed to complete a safety fitness review in the allotted time period.

   4.  That respondent, by failing to submit itself to a safety fitness review from this Commission, violated 66 Pa.C.S. § 501(c) for failure to comply with a Commission order and § 1501 for failure to maintain adequate, efficient and safe service and facilities.

   WHEREFORE, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Roman Torres's, certificate of public convenience at A-00120888.

            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 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         

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). 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 17105-3265

   B.  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. The penalty could include the revocation of your certificate of public convenience or other remedy.

   C.  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 (see B).

   D.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 06-203. Filed for public inspection February 3, 2006, 9:00 a.m.]

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