NOTICES

Service of Notice of Motor Carrier Applications

[39 Pa.B. 390]
[Saturday, January 17, 2009]

   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 2, 2009. 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-2009-2082454. Wade Edward Brewer, t/a Limo Express (R. R. 3, Box 3242, Laceyville, Bradford County, PA 18623)--persons, in limousine service, from points in the Counties of Bradford, Susquehanna, Lackawanna, Luzerne and Wyoming, to points in Pennsylvania and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.

   A-2009-2082602. Cab City, LLC (1601 Paxton Street, Harrisburg, Dauphin County, PA 17104)--a limited liability corporation of the Commonwealth--in call or demand service, in Lebanon County. Attorney: J. Bruce Walter, P. O. Box 1146, Harrisburg, PA 17108-1146.

   A-2009-2082778. Colonial Limousine Service, Inc. (200 Locust Street, Philadelphia, Philadelphia County, PA 19106)--a corporation of the Commonwealth--in limousine service, between points in Pennsylvania, which is to be a transfer of all rights authorized under the certificate issued at A-00117259 to Futuristic Enterprises, Inc., t/d/b/a Philadelphia Rolls-Royce Service, subject to the same limitations and conditions.

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-2008-2082359. Country Coach, Inc. (1436 Wetzel Run Drive, Weatherly, Carbon County, PA 18255), a corporation of the Commonwealth--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in the City of Hazleton, Luzerne County, and within an airline distance of 75 statute miles of the limits of said city, and from points in said territory, to points in Pennsylvania, and return.

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-00121224. Cloud 9 Entertainment, Inc. (128 Boyd Drive, Butler, Butler County, PA 16001)--discontinuance of service--persons, in limousine service between points in the Counties of Butler, Clarion, Armstrong and Allegheny, and from points in said counties, to points in Pennsylvania, and return.

   A-00122383. Racing Limos of York, LLC (210 Pebble Beach Drive, Mt. Wolf, York County, PA 17347)--discontinuance of service--persons, in limousine service from points in the Counties of York and Adams, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.
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Pennsylvania Public Utility Commission; Bureau of
Transportation and Safety v. American Corporate
Limousine, LLC; Doc. No. C-2008-2074899

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 American Corporate Limousine, LLC (respondent) is under suspension effective November 05, 2008, for failure to maintain evidence of insurance on file with this Commission.

   2.  That respondent maintains a principal place of business at 2219 Dubonnet Drive, Macungie, PA 18062.

   3.  That respondent was issued a Certificate of Public Convenience by this Commission on September 28, 2007, at A-00123716.

   4.  That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The penalty is $250.00 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 $250.00 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-00123716 for failure to maintain evidence of current insurance on file with the Commission; (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) 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 Enforce   ment
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:

            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 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 $250.00 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 Transportation
   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:

            James J. McNulty, 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.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 09-97. Filed for public inspection January 16, 2009, 9:00 a.m.]

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