NOTICES
Service of Notice of Motor Carrier Applications
[41 Pa.B. 797]
[Saturday, February 5, 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 February 22, 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.
Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.
A-2011-2221398. Infinity Transportation Services, LLC (221 North Prince Street, Lancaster, Lancaster County, PA 17603), a limited liability company of the Commonwealth of Pennsylvania, for the right to begin to transport, as a common carrier, by motor vehicle, persons in Group and Party 11-15 service, from points in the County of Lancaster to points in Pennsylvania, and return, excluding services that are under the jurisdiction of the Philadelphia Parking Authority.
A-2011-2221439. Infinity Transportation Services, LLC (221 North Prince Street, Lancaster, Lancaster County, PA 17603), a limited liability company of the Commonwealth of Pennsylvania, for the right to begin to transport, as a common carrier, by motor vehicle, persons in Limousine service, from points in the County of Lancaster to points in Pennsylvania, and return, excluding services that are under the jurisdiction of the Philadelphia Parking Authority.
A-2011-2221819. Lambert Worldwide Services, LLC (6703 Germantown Avenue, Philadelphia, Philadelphia County, PA 19119-2109), for the right to begin to transport persons, in paratransit service, from points in the Counties of Philadelphia, Bucks, Delaware, Chester and Montgomery, to points in Pennsylvania, and return.
A-2011-2221920. First Aid and Safety Patrol of Lebanon, t/a First Aid and Safety Patrol (254 South 11th Street, Lebanon, Lebanon County, PA 17042)—a corporation of the Commonwealth of Pennsylvania, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, from points in the Counties of Lebanon, Dauphin and Berks, to points in Pennsylvania and return. Attorney: Christina M. Mellott, Page, Wolfberg & Wirth, LLC, 5010 East Trindle Road, Suite 202, Mechanicsburg, PA 17050.
A-2011-2222094. John L. Yoder (519 Oliver Court, Belleville, PA 17004)—persons, in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Mifflin, to points in Pennsylvania, and return.
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-2011-2221930. Ronald Warren Bauer, Jr. (817 Oak Grove Road, Lehighton, Carbon County, PA 18235), for the discontinuance of service and cancellation of his Certificate of Public Convenience as a common carrier, by motor vehicle, at A-00122188 authorizing the transportation of persons in paratransit service between points in the County of Carbon.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. United Taxi Company;
Doc. No. C-2010-2150673
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 United Taxi Company, Respondent, maintains its principal place of business at 250 Mercer Street, Phillipsburg, NJ 08865.
2. That, Respondent, was issued a certificate of public convenience by this Commission on June 30, 2008, at Application A-00123614.
3. That, on March 30, 2009, Eastern Regional Manager David W. Loucks was unable to contact Respondent, by telephone, to arrange for a vehicle inspection. A certified letter was mailed, on March 31, 2009, requiring Respondent to contact the Commission to submit to an annual taxicab inspection by a Commission Enforcement Officer. The certified mail was returned by the U.S. Post Office on April 27, 2009 as not deliverable as addressed and unable to forward.
4. That, as of November 1, 2010, respondent has failed to contact the Commission, and has failed to have an annual taxicab inspection.
5. Pursuant to 66 Pa.C.S. § 506, duly authorized officers of the Pennsylvania Public Utility Commission have power and authority to inspect, inquire, and investigate all property, records, books, papers, accounts, and documents, of any public utility, whenever necessary, in carrying out their duties.
6. Pursuant to 66 Pa.C.S. § 1103, the Commission is responsible for ensuring that public utilities hold certificates of public convenience for the convenience, safety, accommodation and service of the public. Pursuant to 52 Pa. Code § 41.14(b), the Commission may withhold granting a carrier authority to operate if it is demonstrated that the carrier lacks a propensity to operate safely and legally. Respondent has demonstrated and convinced the Bureau of Transportation and Safety that it should not have the right to continue as a public utility. Therefore, for the safety of the public, the Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty for this violation is the cancellation of Respondent's Certificate.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke United Taxi Company certificate of public convenience at A-00123614 for the illegal activity described in this complaint and order 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 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: ____ _________________
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 a Secretarial Letter imposing a penalty, which will include the revocation of your Certificate of Public Convenience. In such case, the Bureau of Transportation and Safety will request that the Commission direct the Department of Transportation, pursuant to the Vehicle Code, 75 Pa.C.S. § 1375, to suspend the registration of any vehicle(s) involved in the alleged violations.
C. If you file an answer, which either 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, which will include the revocation of your Certificate of Public Convenience.
D. 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.
E. If you have questions regarding this Complaint, or if you would like an alternative format of the Complaint (for persons with disabilities), please contacting the Compliance Office at (717) 787-1227.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Akwasi Abisah;
Doc. No. C-2010-2193440
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 Akwasi Abisah (respondent) is under suspension effective August 17, 2010, for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 5340 Manayunk Road, Apt A, Harrisburg, PA 17105.
3. That respondent was issued a Certificate of Public Convenience by this Commission on July 03, 2008, at A-899900.
4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $500 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 $500 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-899900 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) 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,
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Michael E. Hoffman, 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: ____ _________________
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 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 $500 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 17105-3265Acord 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:
Rosemary Chiavetta, 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 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. 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. 11-235. Filed for public inspection February 4, 2011, 9:00 a.m.]
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