NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[41 Pa.B. 427]
[Saturday, January 15, 2011]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 January 31, 2011. 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-2011-2218369. Samir Ouaqerrouch (207 Russell Street, Apt. B, Ridley Park, Delaware County, PA 19078), begin right to transport, by motor vehicle, persons, upon call or demand in Tinicum Township, Delaware County; excluding service under the jurisdiction of the Philadelphia Parking Authority.
Applications of the following for the approval of the transfer of stock as described under each application.
A-2011-2218759. Veolia Environnement, a French company that owns and controls indirectly the Pittsburgh Transportation Group Charter Services, Inc., and La Caisse des Depots et Consignations, a French special public entity, for the approval to create a joint venture called Veolia Transdev, to which they will contribute their respective worldwide transportation businesses, including the Pittsburgh Transportation Group Charter Services, Inc. Attorney: David M. Desalle, 505 9th Street, North West, Suite 1000, Washington, D.C. 20004-2166.
A-2011-2218802. Veolia Environnement, a French company that owns and controls indirectly the Pittsburgh Cab Company, Inc., and La Caisse des Depots et Consignations, a French special public entity, for the approval to create a joint venture called Veolia Transdev, to which they will contribute their respective worldwide transportation businesses, including the Pittsburgh Cab Company, Inc. Attorney: David M. Desalle, 505 9th Street, North West, Suite 1000, Washington, D.C. 20004-2166.
A-2011-2218805. Veolia Environnement, a French company that owns and controls indirectly the Yellow Cab Company of Pittsburgh, and La Caisse des Depots et Consignations, a French special public entity, for the approval to create a joint venture called Veolia Transdev, to which they will contribute their respective worldwide transportation businesses, including the Yellow Cab Company of Pittsburgh. Attorney: David M. Desalle, 505 9th Street, North West, Suite 1000, Washington, D.C. 20004-2166.
A-2011-2218806. Veolia Environnement, a French company that owns and controls indirectly the Airline Acquisition Company, Inc., and La Caisse des Depots et Consignations, a French special public entity, for the approval to create a joint venture called Veolia Transdev, to which they will contribute their respective worldwide transportation businesses, including the Airline Acquisition Company, Inc. Attorney: David M. Desalle, 505 9th Street, North West, Suite 1000, Washington, D.C. 20004-2166.
A-2011-2218815. Veolia Environnement, a French company that owns and controls indirectly the Ray Cab Company, LLC, and La Caisse des Depots et Consignations, a French special public entity, for the approval to create a joint venture called Veolia Transdev, to which they will contribute their respective worldwide transportation businesses, including the Ray Cab Company, LLC. Attorney: David M. Desalle, 505 9th Street, North West, Suite 1000, Washington, D.C. 20004-2166.
A-2011-2218830. Veolia Environnement, a French company that owns and controls indirectly the Airport Limousine Service, Inc., and La Caisse des Depots et Consignations, a French special public entity, for the approval to create a joint venture called Veolia Transdev, to which they will contribute their respective worldwide transportation businesses, including the Airport Limousine Service, Inc. Attorney: David M. Desalle, 505 9th Street, North West, Suite 1000, Washington, D.C. 20004-2166.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Premium Taxi, LLC;
Doc. No. C-2010-2181602, A-00121698
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 Premium Taxi, LLC, respondent, maintains its principal place of business at 1444 West Hamilton Street, Suite 102C, Allentown, PA 18102.
2. That respondent was issued a certificate of public convenience by this Commission on October 3, 2006 for taxi authority at Docket No. A-00121698.
3. That respondent, on May 18, 2010, at approximately 8:50 a.m., on Industrial Boulevard, Bethlehem, Lehigh County, Pennsylvania, presented a certain 2004 Ford taxi, bearing Pennsylvania License No. TX46202, Vehicle Identification No. 1FAHP58S34A187967, for inspection.
4. That the vehicle described in Paragraph 3 of this Complaint was inspected by Enforcement Officer Ben Groves, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 3 and the following violation was disclosed:
(a) Dome light inoperable—not visible from 100 feet from front and rear of vehicle.
5. That respondent, on May 18, 2010, at approximately 9:30 a.m., on Industrial Boulevard, Bethlehem, Lehigh County, Pennsylvania, presented a certain 2002 Mercury taxi, bearing Pennsylvania License No. TX46061, Vehicle Identification No. 1MEFM50U32A628905, for inspection.
6. That the vehicle described in Paragraph 5 of this Complaint was inspected by Enforcement Officer Ben Groves, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 5 and the following violations were disclosed:
(a) Dome light inoperable—not visible from 100 feet from front and rear of vehicle.
(b) Left rear and right side front safety belt buckles do not operate properly.
(c) Right side front door has a dent larger than four inches in diameter. Left side front door has a gouge larger than four inches in diameter.
7. That respondent, on May 18, 2010, at approximately 10:15 a.m., on Industrial Boulevard, Bethlehem, Lehigh County, Pennsylvania, presented a certain 2000 Nissan taxi, bearing Pennsylvania License No. TX45352, Vehicle Identification No. 4N2XN11T5YD811390, for inspection.
8. That the vehicle described in Paragraph 7 of this Complaint was inspected by Enforcement Officer Ben Groves, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 7 and the following violations were disclosed:
(a) Dome light inoperable—not visible from 100 feet from front and rear of vehicle.
(b) Over-aged vehicle operated in taxi service.
(c) Meter improperly calibrated resulting in a fare which is higher than the tariff rate on file with the Commission.
9. That respondent, on May 18, 2010, at approximately 10:55 a.m., on Industrial Boulevard, Bethlehem, Lehigh County, Pennsylvania, presented a certain 2003 Ford taxi, bearing Pennsylvania License No. TX46562, Vehicle Identification No. 2FMDA58471BB57118, for inspection.
10. That the vehicle described in Paragraph 9 of this Complaint was inspected by Enforcement Officer Ben Groves, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 9 and the following violation was disclosed:
(a) Battery securement device missing.
11. That respondent, on May 18, 2010, at approximately 11:55 a.m., on Industrial Boulevard, Bethlehem, Lehigh County, Pennsylvania, presented a certain 2002 Mercury taxi, bearing Pennsylvania License No. TX45357, Vehicle Identification No. 2GVWH55K119170197, for inspection.
12. That the vehicle described in Paragraph 11 of this Complaint was inspected by Enforcement Officer Ben Groves, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 11 and the following violation was disclosed:
(a) Dome light inoperable—not visible from 100 feet from front and rear of vehicle.
13. That respondent, on August 3, 2010, at approximately 9:00 a.m., on Industrial Boulevard, Bethlehem, Lehigh County, Pennsylvania, presented a certain 2000 Nissan taxi, bearing Pennsylvania License No. TX45352, Vehicle Identification No. 4N2XN11T5YD811390, for re-inspection.
14. That the vehicle described in Paragraph 13 of this Complaint was reinspected by Enforcement Officer Ben Groves, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 13 and the following violation was disclosed:
(a) Over-aged vehicle operated in taxi service.
15. That respondent, by permitting a vehicle to be operated in taxi service with an inoperable dome light (not visible from 100 feet from front and rear of vehicle), violated 52 Pa. Code § 29.314(e). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is $100.00 per violation for a total of $400.00.
16. That respondent, by permitting a vehicle to be operated in taxi service with left rear and right side front safety belt buckles that do not operate properly, violated 52 Pa. Code § 29.402(1) and 67 Pa. Code § 175.78(g)(2). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is $100.00.
17. That respondent, by permitting a vehicle to be operated in taxi service with an exterior that has dents and gouges over 4 inches in diameter, violated 52 Pa. Code § 29.403(6). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is $100.00.
18. That respondent, by permitting a vehicle to be operated in taxi service which is more than eight model years old, violated 52 Pa. Code § 29.314(d). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is $500.00 for the first violation and $500.00 for the second violation at the time of reinspec- tion, for a total of $1,000.00.
19. That respondent, by having its meter regulated so that a higher rate is charged than the current tariff rates on file with this Commission, violated 52 Pa. Code §§ 29.314(b)(6) and 29.316. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $500.00.
20. That respondent, by failing to have a secured battery in its vehicle while in operation, violated 52 Pa. Code § 29.402(1) and 67 Pa. Code § 175.66(n) and, by failing to maintain safe and reasonable facilities for the proper safety of its patrons and public, violated 66 Pa.C.S. § 1501. 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 Premium Taxi, LLC, the sum of two thousand two hundred dollars ($2,200.00) for the illegal activity described in this complaint and such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Michael E. Hoffman, Director 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 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: ____ _________________
Michael E. Hoffman, Director
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 17105-3265B. 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:
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. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.
[Pa.B. Doc. No. 11-100. Filed for public inspection January 14, 2011, 9:00 a.m.]
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