NOTICES
Service of Notice of Motor Carrier Applications
[38 Pa.B. 6837]
[Saturday, December 13, 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 29, 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.
Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.
A-2008-2076637. Joseph J. Yates (P. O. Box 183, Springboro, Crawford County, PA 16435)--persons, in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Crawford, to points in Pennsylvania and return.
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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Tyler Sanabria, t/a TST Trucking; Doc. No. C-2008-2024302
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 Tyler Sanabria, t/a TST Trucking, respondent, maintains his principal place of business at 38 Ardsley Drive, Dover, PA 19004.
2. That respondent was issued a certificate of public convenience by this Commission on June 29, 2007, for property authority at Application Docket No. A-00123890.
3. That on September 3, 2007, Enforcement Officer John Theodosiades visited respondent's place of business at 277 Wembly Road, Upper Darby, and left a note for respondent to contact him by telephone in reference to scheduling his Safety Fitness Review for his trucking company. Officer Theodosiades also left Mr. Sanabria an approved informational packet. On September 8, 2007, Officer Theodosiades contacted respondent by telephone to ascertain if respondent had received the informational packet that was left in his door and offer Mr. Sanabria his assistance. On September 25, 2007, Officer Theodosiades informed the respondent that his Safety Fitness Review was scheduled for October 31, 2007. On October 31, 2007, Officer Theodosiades arrived at respondent's place of business and no one responded to his knocking on the door. Officer Theodosiades left a note which included his telephone number and requested Mr. Sanabria to call him. Failing to receive any communication from respondent, Officer Theodosiades attempted to contact Mr. Sanabria 20 times by telephone with no success. A letter dated December 3, 2007, was sent to Mr. Sanabria, informing him of an appointment on December 19, 2007, to conduct the Safety Fitness Review. On December 19, 2007, Officer Theodosiades went to respondent's place of business and knocked on the door. Again, no one answered the door. Officer Theodosiades waited one hour and knocked on the respondent's door, again no response.
4. That to date, respondent has failed to submit his company to a Safety Fitness Review. A satisfactory fitness 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.
5. That respondent, by failing to obey and comply with a Commission Secretarial letter directing respondent to submit his company to a safety fitness review, violated 66 Pa.C.S. § 501(c), and, for failure to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Tyler Sanabria, t/a TST Trucking's certificate of public convenience at A-00123890.
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 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 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 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. The penalty could include the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate.
C. If you file an answer which admits or fails to deny the allegation of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty.
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) 787-1227.
[Pa.B. Doc. No. 08-2274. Filed for public inspection December 12, 2008, 9:00 a.m.]
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