NOTICES

Service of Notice of Motor Carrier Applications

[40 Pa.B. 6493]
[Saturday, November 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 November 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.

Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.

 A-2010-2202552. Mid Mon Valley Transit Authority (1300 McKean Avenue, Charleroi, Washington County, PA 15022)—persons, upon schedule, beginning on State Route 88 at the point where said route begins in the Township of Union, Washington County, at the point adjacent to the border with the Township of Carroll, Washington County, thence by means of said route to the City of Pittsburgh, Allegheny County, and return over the same route, with the right to render shuttle service and through service. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228-1925.

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-2010-2206537. Lyta Corporation (621 Robbins Avenue, Philadelphia, Philadelphia County, PA 19111), a corporation of the Commonwealth—to transport, by motor vehicle, persons, in limousine service, from points in the Counties of Bucks, Montgomery, Delaware and Chester, to points in Pennsylvania, and return; excluding service under the jurisdiction of the Philadelphia Parking Authority. Attorney: David P. Temple, Esquire, Gallagher, Malloy & Georges, 1760 Market Street, Suite 1100, Philadelphia, PA 19103-4104.

Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods as described under the application.

 A-2010-2206638. Educated Moving, LLC (113 West Broad Street, Hatfield, Montgomery County, PA 19440)—a limited liability company of the Commonwealth—household goods in use, from points in the Counties of Montgomery, Bucks and Lehigh, to points in Pennsylvania.

Application of the following for approval to begin operating as a broker for transportation of persons as described under the application.

 A-2010-2205693. Leona G. Paul (218 Oakridge Drive, Johnstown, Cambria County, PA 15904)—for a brokerage license evidencing the Commission's approval of the right and privilege to operate as a broker, to arrange for the transportation of persons between points in Pennsylvania.

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-2010-2205477. R&J Transportation, Inc. (326 Chestnut Street, Pottsville, Schuylkill County, PA 17901)—a corporation of the Commonwealth—in limousine service, between points in the County of Schuylkill, and from points in said county, to points in Pennsylvania, and return.

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Pennsylvania Public Utility Commission, Bureau of
Transportation and Safety v. Blue & White USA, Inc.,
t/a Altoona USA & Transfer;
Doc. No. C-2010-2189008, A-00119928

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 Blue & White USA, Inc., t/a Altoona USA & Transfer, respondent, maintains its principal place of business at 1024 Chestnut Avenue, Altoona, PA 16601.

 2. That respondent was issued a certificate of public convenience by this Commission, for

 3. Call or Demand service, on August 8, 2005, at Application Docket No. A-00119928.

 4. That on June 25, 2010, a driver vehicle inspection was performed on respondent by Enforcement Officer Ernest R. Snyder of the Commission's Altoona District Office, a duly authorized officer of this Commission. The information contained in this complaint was obtained during said inspection.

 5. That respondent, on June 25, 2010, at approximate- ly 2:20 p.m., at 1014—1024 Chestnut Avenue, Altoona, PA, presented a certain 2004 Ford taxi, bearing License No. TX45689, Vehicle Identification No. 2FAHP71W14X128531, driven by Ross J. Miller. During said inspection the following violations were discovered:

 a. Driver's log sheet demonstrated two trips where a flat rate was charged in lieu

 b. of the rates posted in the respondent's officially filed tariff. Each of the two trips resulted in an overcharge of approximately $6.30.

 c. Both rear tires exhibited less than 2/32" tread remaining in two adjacent tread groves.

 6. That respondent, by charging a rate greater than that authorized by its tariff, violated 52 Pa. Code § 29.316(a) and 66 Pa.C.S. § 1303. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty is $500.00 per violation for a total proposed penalty of $1,000.

 7. That respondent, by failing to have tires in safe operating condition installed, violated 52 Pa. Code § 29.402(1) and 67 Pa.C.S. § 175.65(a). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is $100.00.

 Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby Requests that the Commission fine Blue & White USA, Inc., t/a Altoona USA & Transfer the sum of one-thousand, one-hundred dollars ($1,100.00) 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 Division
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:

    Rosemary Chiavetta, 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.

 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:

    Rosemary Chiavetta, 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 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.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 10-2127. Filed for public inspection November 5, 2010, 9:00 a.m.]

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