NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[51 Pa.B. 6338]
[Saturday, October 2, 2021]Public Meeting held
September 15, 2021Commissioners Present: Gladys Brown Dutrieuille, Chairperson; David W. Sweet, Vice Chairperson; John F. Coleman, Jr.; Ralph V. Yanora
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance; M-2021-3028299
Tentative Order By the Commission:
Pursuant to Section 512 of the Public Utility Code, 66 Pa.C.S. § 512, the Commission is authorized to prescribe appropriate insurance requirements for motor carriers. Section 512 provides, in relevant part:
The commission may, as to motor carriers, prescribe, by regulation or order, such requirements as it may deem necessary for the protection of persons or property of their patrons and the public, including the filing of surety bonds, the carrying of insurance, or the qualifications and conditions under which such carriers may act as self-insurers with respect to such matters. All motor carriers of passengers. . .shall cover each and every vehicle, transporting such passengers, with a public liability insurance policy or a surety bond issued by an insurance carrier, or a bonding company authorized to do business in this Commonwealth, in such amounts as the commission may prescribe. . . .Consistent with this broad statutory charge, the Commission promulgated regulations governing motor carrier insurance requirements. 52 Pa. Code Chapter 32. Those regulations provide, inter alia, that a motor carrier may not operate, and a certificate of public convenience will not be issued or remain in force, until there has been filed with and approved by the Commission a certificate of insurance by an insurer authorized to do business in Pennsylvania for the payment of claims resulting from the operation, maintenance, or use of a motor vehicle in the carrier's authorized service. 52 Pa. Code §§ 32.11, 32.12. The certificate of insurance, commonly known as a Form E, is in a form prescribed and approved by the Commission and provides protection for bodily injury, death, or property damage. 52 Pa. Code § 32.2(a). Additionally, the Commission regulations require that certain carriers maintain evidence of cargo insurance via a certificate of insurance commonly known as a Form H. The Commission's regulations require that evidence of insurance be maintained at all times with the Commission to ensure the protection of the public:
(h) Compliance. Failure to maintain evidence of insurance on file with the Commission in accordance with this chapter shall cause the immediate suspension of the rights and privileges conferred by a certificate of public convenience or permit held by the motor carrier. The Commission may establish rules under which suspended rights and privileges may be temporarily reinstated pending compliance with this chapter.52 Pa. Code § 32.2(h).
The Commission has been notified that the motor carriers listed in Appendix A, attached hereto, no longer have acceptable evidence of insurance on file with the Commission. The Commission sent all carriers a letter notifying them that their operating authority was suspended. Since the date of the suspensions, these motor carriers have failed to provide acceptable evidence of insurance, notwithstanding notification by the Commission of the suspension and the necessity to provide acceptable evidence of insurance.
Under these circumstances, we tentatively conclude that the motor carriers listed in Appendix A are not in compliance with the insurance requirements of 66 Pa.C.S. § 512 and our regulations at 52 Pa. Code Chapter 32. As such, it is appropriate to initiate the process to cancel their certificates of public convenience as being in the public interest; Therefore,
It Is Ordered That:
1. Cancellation of the Certificates of Public Convenience of each motor carrier listed in Appendix A is hereby tentatively approved as being in the public interest.
2. That the Law Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
3. To the extent they challenge cancellation of the Certificates of Public Convenience, all parties listed in Appendix A, must file comments within thirty (30) days after publication in the Pennsylvania Bulletin. To file comments, you must either efile them by opening and using an efiling account through the Commission's website at www.puc.pa.gov. In the alternative, you may file comments by sending them by overnight delivery to the Pennsylvania Public Utility Commission, Attn: Secretary Rosemary Chiavetta, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Harrisburg, PA 17120. Retain the tracking information as proof of submission. Filings made by fax or email are not acceptable and will be rejected.
4. Alternatively, acceptable evidence of insurance may be filed with the Commission on behalf of the motor carriers listed in Appendix A, within thirty (30) days after publication of this order in the Pennsylvania Bulletin.
Motor carriers listed in Appendix A who desire to continue operations should immediately contact their insurance agents to secure compliance with Commission insurance requirements. It is the motor carrier's responsibility to ensure compliance. Motor carriers can verify their insurance status at our web site at https://www.puc.pa.gov/search/utility-authority-search/.
Additionally, motor carriers may call our insurance hotline at (717) 787-1227 for more information.
5. Absent the timely filing of comments challenging the cancellation of the Certificate of Public Convenience or the timely filing of acceptable evidence of insurance, the Bureau of Technical Utility Services shall prepare a Secretarial Letter for issuance by the Secretary's Bureau canceling the carrier's applicable Certificate of Public Convenience. The Secretarial Letter shall direct the Department of Transportation to suspend the carrier's vehicle registration(s) consistent with 75 Pa.C.S. § 1375.
6. Upon issuance of the Secretarial Letter described in Ordering Paragraph No. 5 above, the applicable Certificate of Public Convenience of each non-compliant carrier shall be cancelled.
7. The Secretary serve a copy of the Secretarial Letter upon the Commission's Bureau of Investigation and Enforcement, Bureau of Technical Utility Services, Bureau of Administration, the Department of Revenue—Bureau of Corporation Taxes and the Department of Transportation.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: September 15, 2021
ORDER ENTERED: September 15, 2021
Appendix A
Carriers without Acceptable Evidence of Insurance
Utility Code Utility Name Suspended Authority Insurance Type
not on file6323802 PREMIER RIDER SERVICE, LLC TNC (Transportation Network Company) Liability 6416258 J W RICE CONSTRUCTION, INC. Group and Party 16 or Greater Liability 6416779 RAY ECKERT Paratransit Liability 641784 CONCORDE LIMOUSINE, INC. Limousine Liability 6418182 DEBORAH S CROUSE Paratransit Liability 6418984 POCONODAY TRIPPER, LLC Group and Party 16 or Greater Liability 6419297 ALMIR ROVCANIN Limousine Liability 6419799 DAMON W BELSER Paratransit Liability 6420886 HOPE CONNECT, LLC Paratransit Liability 6422618 IMMACULATE HOME HEALTHCARE AGENCY, LLC Paratransit Liability 6423081 DUNAWAY FAMILY VENTURES, LLC Paratransit Liability 700755 TAYLOR MARINE TRANSPORT, INC. Truck/Paratransit Liability 703846 JEFFREY A MARTIN Truck Liability 704366 HARTLAUB, PAUL FRANCIS Truck Liability 706813 GORMANS EXPRESS, INC. Truck Liability 708211 PAYTON, CLINTON Truck Liability/Cargo 8910621 RAY E KAPP Truck Liability 8911341 DAVIDS TRANSPORT, INC. Truck Liability/Cargo 8913588 SPRAGUE TRANSPORT, LLC Truck Cargo 8913784 ORNER & SONS TRUCKING, INC. Truck Liability 8915348 LOWE'S LOGISTICS, LLC Truck Liability/Cargo 8916204 SANDRA L WHISNER Truck Liability 8918247 C & C FEATHER TRUCKING, LLC Truck Liability/Cargo 8918583 HANSONS TRUCKING EXCAVATING, LLC Truck Liability 8918605 ALLISON HEAVY HAUL, LP Truck Liability 8918696 BLAIR AUTO SERVICE & POWER EQUIPMENT, INC. Truck Liability/Cargo 8919108 DAG SUPPLY COMPANY, LLC Truck Liability 8919717 FI TRANSPORT, INC. Truck Liability 8920046 TRUCKINGENDEVERS, LLC Truck Liability/Cargo 8920495 CARTELLINO SPECIALIZED TRANSPORT, INC. TRUCK Liability/Cargo 8920516 SEVERINO EXPRESS, LLC Truck Liability/Cargo 8920571 DAN MUTHLER TRUCKING, LLC Truck Liability/Cargo 8920824 CHAD WALTER TRANSPORT, LLC Truck Liability/Cargo 8921153 ALL MY SONS OF NEW JERSEY, LLC Household Goods Carrier Liability 8921313 GREAT EAGLE LOGISTICS, LLC Truck Liability/Cargo 8921750 HOLLY TRINITY LOGISTICS, LLC Truck Cargo 8921924 MEGMAR CONTRACTING, LLC Truck Liability/Cargo 8921976 MICHAUX'S TRUCKING, LLC Truck Liability/Cargo 8922097 HOSSLER CONSTRUCTION, LLC Truck Liability 8922122 R + R VENDORS, INC Truck Liability 8922206 HILLBILLY LOGISTICS, LLC Truck Liability 8922309 J DIVELY AUTO TRANSPORT, LLC Truck Liability/Cargo 8922463 WL TRANSPORT, LLC Truck Cargo 8922527 SETH BOWKER TRUCKING, LLC Truck Liability/Cargo 8922813 Sebastian Moving Philadelphia, LLC Household Goods Carrier Liability/Cargo 8922848 HART EXPRESS, LLC Truck Liability/Cargo 8922995 VICTOR Z BODNAR Truck Liability 8923160 MANIGAULT MOVEMENT, LLC Truck Liability/Cargo 8923811 WARD LOGGING, LLC Truck Liability/Cargo 8923886 TOP NOTCH TRANSPORTS, LLC Truck Liability/Cargo 8924075 KHAN CONSTRUCTION, LLC Truck Liability 8924119 WE'LL GET IT THERE, LLC Truck Liability/Cargo 8924287 T&R TOWING, LLC Truck Liability/Cargo 899673 TAT Trucking and Contracting, Inc. Truck Liability
[Pa.B. Doc. No. 21-1673. Filed for public inspection October 1, 2021, 9:00 a.m.]
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