NOTICES
Service of Notice of Motor Carrier Applications
[40 Pa.B. 1284]
[Saturday, March 6, 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 March 22, 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 approval to begin operating as common carriers for transportation of persons as described under each application.
A-2010-2158661. Checker Cab Co. of Steubenville, Inc., t/a Checker Transportation (1439 Sunset Boulevard, Steubenville, OH 43952), a foreign corporation registered in the Commonwealth, for the right to begin to transport, as a common carrier, by motor vehicle, persons in airport transfer service from Pittsburgh International Airport to points in Pennsylvania.
A-2010-2159261. Checker Cab Co. of Steubenville, Inc., t/a Checker Transportation (1439 Sunset Boulevard, Steubenville, OH 43952), a foreign corporation registered in the Commonwealth, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service between points in the Counties of Allegheny, Beaver and Washington.
A-2010-2159585. Saferide Transportation Services, LLC (216 Ian Drive, Shavertown, Luzerne County, PA 18708)—a limited liability corporation of the Commonwealth—in paratransit service, to or from medical or nursing home facilities, from points in Lackawanna and Luzerne Counties, to points in Pennsylvania, and return.
A-2010-2159587. Bella Transportation LLC, t/a Bella Luxury Limousine (P. O. Box 1805, Allentown, PA 18105)—for the right to begin, as a common carrier, persons in limousine service, between points in the Counties of Berks, Bucks, Carbon, Lehigh, Monroe, Montgomery, Northampton and Schuylkill to points in Pennsylvania and return, excluding service under the jurisdiction of the Philadelphia Parking Authority.
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-2010-2159361. T.H.J.R. Travel, Inc., d/b/a World Wide Travel (143 Hartman Road, Greensburg, PA 15601), a corporation of the Commonwealth—for the discontinuance of service and cancellation of it certificate to operate as a broker, to arrange for transportation of persons and their baggage, between points in Pennsylvania.
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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Torgro, Inc.;
Doc. No. C-2010-2135953; A-00123707
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 Torgro, Inc., respondent, maintains its principal place of business at 70 Jansen Avenue, Suite 201, Essington, PA 19029.
2. That respondent was issued a certificate of public convenience by this Commission on May 11, 2007, at Application Docket No. A-00123707.
3. That on July 17, 2009, a Compliance Review was performed on respondent by Enforcement Officer Supervisor Alexander Zinczenko, a duly authorized officer of this Commission. The information contained in the complaint was obtained during the review.
4. That respondent failed to keep a maintenance record, which identifies the vehicle, including make, serial number, year, and tire size on its 2008 Ford bus, bearing Pennsylvania License No. BA62285, Vehicle Identification No. 3FRNF65C48V575640.
5. That Respondent, by failing to maintain minimum records of inspection and maintenance, as stated in paragraph 4 above, violated 49 CFR 396.3(b). The penalty is $500.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Torgro, Inc. the sum of five hundred dollars ($500.00) 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 17105-3265
VERIFICATION 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 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.
C. You may elect not to contest this Complaint by paying the fine imposed 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 violations 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 allegation 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. 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. Peter Equere, t/a Peace Taxi Co.; Doc. No: C-2010-2113872; A-00124186
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 Peter Equere, t/a Peace Taxi Co., respondent, maintains his principal place of business at 540 Prospect Street, York, PA 17403.
2. That respondent was issued a certificate of public convenience by this Commission on May 12, 2008, at Application Docket No. A-00124186, for call or demand authority.
3. That respondent, on May 20, 2009, at approximately 9:00 a.m., at Route 74, West Manchester Township, York County, PA, presented a certain 2004 Chevrolet taxicab bearing Pennsylvania License No. TX46327, Vehicle Identification No. 1GNDX03E24D219763, to be inspected.
4. That the vehicle described in Paragraph 3 of this complaint was inspected by Enforcement Officer John Bumsted, a duly authorized officer of this Commission, on the date and at the time specified in Paragraph 3, and the following violations were disclosed:
a. Dome light not visible at a distance of 100 feet—light bulb not operable.
b. Carrier failed to post rates of fare in taxi.
5. That respondent, on May 20, 2009, at approximately 10:10 a.m., at Route 74, West Manchester Township, York County, PA, presented a certain 2005 Dodge taxicab bearing Pennsylvania License No. TX46628, Vehicle Identification No. 2D4GP44L25R123188, to be inspected.
6. That the vehicle described in Paragraph 5 of this complaint was inspected by Enforcement Officer John Bumsted, a duly authorized officer of this Commission, on the date and at the time specified in Paragraph 5, and the following violation was disclosed:
a. Fast meter.
7. That respondent, by permitting its vehicle to be operated that failed to have an operable dome light affixed to the roof of the vehicle, violated 52 Pa. Code § 29.314(e). The penalty is $100.00.
8. That respondent, by failing to post rates of fare in a conspicuous place in the vehicle, violated 52 Pa. Code § 29.316(b) and/or (c). The penalty is $50.00.
9. That respondent, by failing to have the meter regulated in accordance with the current tariff rates on file with this Commission, violated 52 Pa. Code § 29.314(b)(6). The penalty is $500.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Peter Equere, t/a Peace Taxi, Co., the sum of six hundred fifty dollars ($650.00) 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 17105-3265
VERIFICATION 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 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 a Secretarial Letter 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 Pennsylvania Public Utility Commission, and forwarded to James J. McNulty, Secretary, 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 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 a Secretarial Letter 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.
F. 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. Main Line Limousine, Inc., t/a Elegante Limousine Service; A-00108501; C-2009-2108020
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 Main Line Limousine, Inc., t/a Elegant Limousine Service, respondent, maintains its principal place of business at 41 Claremont Boulevard, Havertown, PA 19083.
2. That respondent was issued a certificate of public convenience by this Commission, for Limousine service, on October 11, 1989, at Application Docket No. A-00108501.
3. That on April 15, 2009, and April 24, 2009, an annual fleet inspection was performed on respondent by Enforcement Officers William Lark and Freda Culver, duly authorized officers of this Commission. The information contained in this complaint was obtained during said inspection.
4. That respondent, on April 24, 2009, at approximately 9:00 a.m., at 388 Reed Road, Broomall, PA, presented a certain 1962 Bentley, bearing License No. LM21909, Vehicle Identification No. B6LDW, for inspection.
5. That the vehicle described in Paragraph 4 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 4 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
6. That respondent, on April 24, 2009, at approximately 9:30 a.m., at 388 Reed Road, Broomall, PA, presented a certain 1956 Bentley, bearing License No. LM21910, Vehicle Identification No. B339DE, for inspection.
7. That the vehicle described in Paragraph 6 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 6 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
8. That respondent, on April 24, 2009, at approximately 9:55 a.m., at 388 Reed Road, Broomall, PA, presented a certain 1953 Bentley, bearing License No. LM21087, Vehicle Identification No. B3105R, for inspection.
9. That the vehicle described in Paragraph 8 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 8 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
10. That respondent, on April 24, 2009, at approximately 10:20 a.m., at 388 Reed Road, Broomall, PA, presented a certain 1951 Bentley, bearing License No. LM207850, Vehicle Identification No. B284LJ, for inspection.
11. That the vehicle described in Paragraph 10 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 10 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
12. That respondent, by operating vehicles older than eight model years without an official approval form for exemption onboard, violated 52 Pa. Code § 29.333(e). The penalty is $250.00 per violation for a total fine of $1,000.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Main Line Limousine, Inc., t/a Elegant Limousine Service, the sum of one thousand dollars ($1,000.00) 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 17105-3265
VERIFICATION 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 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:
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 a Secretarial Letter 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 a Secretarial Letter 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. Joseph R Tunstall;
t/a J. R. Tunstall Trucking;
Doc. No. C-2010-2052513; A-00119400
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 Joseph R. Tunstall, t/a J. R. Tunstall Trucking, respondent, maintains his principal place of business at 2002 Penn Avenue, Holsopple, PA 15935.
2. That Respondent was issued a Certificate of Public Convenience by this Commission on March 3, 2006, at Application Docket No. A-00119400.
3. That during the period of July 2008 through June 2009, Enforcement Officers Brian Mehan and Brian McGowan, duly authorized officers of this Commission, performed a safety audit at the respondent's facility and the following violations were noted:
a) Carrier failed to ensure that the driver vehicle inspection reports contained the certification of repairs or that correction was unnecessary for truck #19 on June 9, 2008.
b) Carrier failed to ensure that the driver vehicle inspection reports contained the certification of repairs or that correction was unnecessary for truck #17 on July 15, 2008.
c) Carrier failed to conduct alcohol and controlled substance testing in accordance with 49 CFR Part 40. A drug and alcohol previous employer inquiry was not completed for driver Michael Sullivan before performing a safety sensitive function on December 6, 2007.
d) Carrier used driver Michael Sullivan for a safety sensitive function prior to receiving a negative pre-employment controlled substance result.
e) Carrier used driver Thomas D. Lucas for a safety sensitive function prior to receiving a negative pre-employment controlled substance result.
f) Carrier used driver David B. Brusha for a safety sensitive function prior to receiving a negative pre-employment controlled substance result.
g) Carrier used driver Scott H. Coughenour for a safety sensitive function prior to receiving a negative pre-employment controlled substance result.
h) Carrier used driver Roger E. Lafferty for a safety sensitive function prior to receiving a negative pre-employment controlled substance result.
i) Carrier failed to maintain a completed driver qualification file on driver Michael L. Sullivan on December 6, 2007, containing each of the items required by 49 CFR 391.51 for the specified period of time.
j) Carrier failed to maintain a ''Driver Investigation History File'' on each new or prospective driver, missing for driver Michael Sullivan on December 6, 2007.
k) Carrier failed to maintain a medical examiners certificate in the driver qualification file for driver Roger E. Lafferty on July 15, 2008.
l) Carrier failed to maintain minimum records of inspection and maintenance for truck #20 on December 6, 2008.
m) Carrier failed to require driver Michael L. Sullivan, make a record of duty status, for each 24 hour period.
n) Carrier failed to require driver Thomas D. Lucas, make a record of duty status, for each 24 hour period.
o) Carrier failed to require driver David B. Brusha, make a record of duty status, for each 24 hour period.
p) Carrier failed to require driver Roger E. Lafferty, make a record of duty status, for each 24 hour period.
q) Carrier failed to maintain verified positive controlled substance test results for five years, for driver Walker on November 5, 2007.
r) Carrier failed to maintain educational materials, for blood alcohol technicians, supervisors and drivers for an indefinite period of time, for Michael L. Sullivan on December 6, 2007.
s) Carrier failed to provide educational materials required by 49 CFR 382.601 for Michael L. Sullivan on December 6, 2007.
t) Carrier failed to maintain an accident register for three years following an accident, as outlined in 49 CFR 390.15 for Michael L. Sullivan on December 6, 2007.
u) Carrier failed to retain copies of roadside inspection reports for the previous 12 months, PA report #PAS274001108, on December 7, 2007.
v) Carrier failed to maintain a completed driver qualification file, July 28, 2008 Pennsylvania Department of Transportation record missing, for Roger E. Lafferty, hired June 13, 2008, trip date July 15, 2008.
4. That respondent, by failing to ensure that the driver vehicle inspection reports contained the certification of repairs or that correction was unnecessary, violated 49 CFR 396.11(c)(1). The penalty is $1,000.00 per violation for a total penalty of $2,000.00.
5. That respondent, by failing to conduct alcohol and controlled substance testing in accordance with 49 CFR Part 40, violated 49 CFR 382.105 The penalty is $500.00.
6. That respondent, by failing to require its drivers to undergo a pre-employment controlled substance test prior to the driver operating a motor vehicle, violated 52 Pa. Code § 37.204(1) and 49 CFR 382.301(a). The penalty is $500.00 per driver for a total penalty of $2,500.00.
7. That respondent, by failing to maintain a completed driver qualification file on each driver employed, containing each of the items required by 49 CFR 391.51 for the specified period of time, violated 49 CFR 391.51(a). The penalty is $500.00.
8. That respondent, by failing to maintain a ''Driver Investigation History File'' on each new or prospective driver, violated 49 CFR 391.53(b). The penalty is $500.00.
9. That respondent, by failing to maintain a medical examiners certificate in the driver qualification file, violated 49 CFR 391.51(b)(7). The penalty is $500.00.
10. That respondent, by failing to maintain minimum records of inspection and maintenance for its vehicle, violated 49 CFR 396.3(b). The penalty is $500.00.
11. That respondent, by failing to require its drivers to make a record of duty status, for each 24 hour period, violated 49 CFR 395.8(a). The penalty is $550.00 for four violations.
12. That respondent, by failing to maintain verified positive controlled substance test results for 5 years, violated 49 CFR 382.401(b)(1)(ii).
13. That respondent, by failing to maintain educational materials, for blood alcohol technicians, supervisors and drivers for an indefinite period of time, violated 49 CFR 382.401(b)(4).
14. That respondent, by failing provide educational materials required by 49 CFR 382.601, violated 49 CFR 382.601(a).
15. That respondent, by failing to maintain an accident register for three years following an accident, as outlined in 49 CFR 390.15, violated 49 CFR 390.15(b)(1).
16. That respondent, by failing to retain copies of roadside inspection reports for the previous 12 months, violated 49 CFR 396.9(d)(3)(ii).
17. That respondent, by failing to maintain a completed driver qualification file, violated 49 CFR 391.51(b).
18. The penalty for violations in paragraphs 12 through 17 is $400.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Joseph R. Tunstall, t/a J. R. Tunstall Trucking, the sum of seven thousand, nine hundred and fifty dollars ($7,950.00) 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 17105-3265
VERIFICATION 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 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:
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. Golden Taxi, LLC
Doc. No: C-2010-2126558; A-6310376
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 Golden Taxi, LLC, respondent, maintains its principal place of business at 207 South Allegheny Street, Suite 6, Bellefonte, PA 16823.
2. That respondent was issued a certificate of public convenience by this Commission on March 6, 2009, at Application Docket No. A-6310376.
3. That on August 14, 2009, Enforcement Officer Robert E. Crawford observed a Golden Taxi taxicab which was placed out of service previously due to vehicle age at the Sheetz on North Atherton Street, State College, PA. The vehicle was identified as a 1997 Dodge Caravan, PA License No. TX46733. Supervisor Kimberly Johnston and Officer Crawford stopped the vehicle in the Highway Pizza Parking lot and interviewed the driver. The driver stated that he had been operating the 1997 Dodge Caravan since he began driving for respondent two days prior.
4. That respondent, by utilizing a vehicle older than eight model years old, without having previously obtained a vehicle age waiver from this Commission, violated 52 Pa. Code § 29.314(d). The penalty is $500.00 due to a previous complaint at Docket No. C-2009-2126552, for over-aged vehicle for the same taxicab.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Golden Taxi, LLC the sum of five hundred dollars ($500.00) 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 17105-3265
VERIFICATION 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 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 a Secretarial Letter 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 Pennsylvania Public Utility Commission, and forwarded to James J. McNulty, Secretary, 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 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 a Secretarial Letter 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.
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. 10-424. Filed for public inspection March 5, 2010, 9:00 a.m.]
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