NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancelation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[53 Pa.B. 6325]
[Saturday, October 7, 2023]Public Meeting held
September 21, 2023Commissioners Present: Stephen M. DeFrank, Chairperson; Kimberly Barrow, Vice Chairperson; Ralph V. Yanora; Kathryn L. Zerfuss; John F. Coleman, Jr.
Cancelation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance; M-2023-3042039
Tentative Order By the Commission:
Pursuant to Section 512 of the Public Utility Code (Code), 66 Pa.C.S. § 512, the Pennsylvania Public Utility Commission (Commission) is authorized to prescribe appropriate insurance requirements for motor carriers. Section 512 of the Code 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. . .66 Pa.C.S. § 512.
Consistent with this broad statutory charge, the Commission has promulgated regulations governing motor carrier insurance requirements at Chapter 32 of Title 52 Pa. Code.1 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. See 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. Further, 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. As such, 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 cure the deficiency and maintain acceptable evidence of insurance with the Commission, 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. Cancelation 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. The Secretary's Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
3. The Secretary shall serve a copy of this Tentative Order upon all motor carriers listed in Appendix A.
4. The Secretary shall file this Tentative Order at each motor carrier's assigned docket number.
5. To the extent that any of the motor carriers listed on Appendix A challenge cancelation of their Certificates of Public Convenience, they must file comments within thirty (30) days after publication of this Tentative Order in the Pennsylvania Bulletin. Comments shall be sent to the Pennsylvania Public Utility Commission, Attn: Secretary Rosemary Chiavetta, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Harrisburg, PA 17120.
6. 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.
7. Absent the timely filing of comments challenging the cancelation 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.
8. Upon issuance of the Secretarial Letter described in Ordering Paragraph No. 7 above, the applicable Certificate of Public Convenience of each non-compliant carrier shall be cancelled.
9. 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 Pennsylvania Department of Revenue—Bureau of Corporation Taxes, and the Pennsylvania Department of Transportation.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: September 21, 2023
ORDER ENTERED: September 21, 2023
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility
CodeUtility Name Suspended
AuthoritiesInsurance Type
Not on File6220610 DPD TRANSPORT, LLC Contract Carrier of Passengers Liability 6315202 LANCASTER CITY CABS, LLC Taxi Liability 6317546 EXPRESS TAXI, LLC Taxi Liability 6318662 CANYON COUNTRY ELITE TRANSPORTATION SERVICES, INC. GP16+ Liability 6323802 PREMIER RIDER SERVICE, LLC Transportation Network Company Liability 6324980 REJUVENATE CONCIERGE CO. Contract Carrier of Passengers Liability 640495 SULLENBERGER, JAMES R. Paratransit Liability 640624 MAIN LINE EXPRESS, INC. Airport Transfer Liability 640683 PESSOGNELLI, INC. Limousine Liability 6410933 VAUXCO LIMOUSINES, LLC Limousine and GP11—15 Liability 6413230 STAT MEDICAL TRANSPORT PARATRANSIT, LLC Paratransit Liability 641348 A TO Z LIMOUSINE SERVICE, INC. Limousine Liability 6415393 TROPIANO BUS COMPANY, LLC GP16+ Liability 6416237 WHEELS TAKE YOU THERE TRANSPORTATION SERVICE, LLC Paratransit and GP11—15 Liability 641720 JOSEPH M. KILMER, JR. Paratransit Liability 6419489 RHYTHM AMBULANCE, INC. Paratransit Liability 6419965 JOSEPH MARTIN Paratransit Liability 6421612 PITTSBURGH TROLLEY WORKS, LLC GP16+ Liability 6422077 METROPOLIS PASSENGER LOGISTICS, LLC Limousine and GP11—15 Liability 6422634 PATHLINKS GLOBAL, LLC Paratransit Liability 6424355 FIRST EXPRESSCARE TRANSPORTATION, LLC Paratransit Liability 6424720 SEYDOU DAO Paratransit Liability 6424782 CARE WITH LOVE HOME HEALTH AGENCY, LLC Paratransit Liability 6424910 JARABACOA TRANSPORTATION, LLC Paratransit Liability 6424923 APLUS NEMT SERVICES, LLC Paratransit Liability 6425061 ALANTRA ENTERPRISES, LLC Limousine Liability 6425347 WHOLENESS HOME HEALTH LIMITED
LIABILITY COMPANYParatransit Liability 6425389 DOMINION COACH, LLC GP16+ Liability 6425666 GREEN TRANSPORTATION SERVICE, LLC Paratransit Liability 6426282 INTERSTATE BUS, LLC GP16+ Liability 646005 R.J. RHODES TRANSIT, INC. GP16+ Liability 701803 MCQUOWN BUSINESS SERVICES, INC. Truck Cargo 701856 ANTHONY W. MARTIN Truck Liability 703744 YRC, INC. Truck Liability 703949 HAROLD E. GRAVES Truck Liability 704368 HOUSTON SPECIALIZED CARRIERS, INC. Truck Liability 704642 PAUL D. PATRICK, JR. Truck Liability/Cargo 704668 DONALD R. TRUAX, III Truck Liability 706271 EDWARDS DISTRIBUTN SERVICES, INC. Truck Liability 707854 RITTENBAUGH, INC. Truck Liability 707981 MENKINS HAULING, INC., W.J. Truck Liability 708007 RALPH P. CALLELA JR., T/A CALLELA TRUCKING Truck Liability 714580 BLOUGH, DAVID E. Truck Liability 732880 CRESCO LINES, INC. Truck Liability/Cargo 738490 DIBIASE, R.L. TRUCKING, INC. Truck Liability 766540 HECLA MACHINERY & EQUIP. CO. Truck Liability 813280 NEW PENN MOTOR EXPRESS, LLC Truck Liability 840640 SELL, WAYNE W., CORP. Truck Liability 890685 ERVIN K. ECKERT Truck Liability/Cargo 890706 PETRO-CHEMICAL TRANSPORT, LLC Truck Liability 8911120 ALAN SMALLWOOD EXCAVATING, LLC Truck Cargo 8911199 DILULLO TRANSPORT, INC. Truck Liability/Cargo 8911701 JAMES E. MANBECK Truck Liability/Cargo 8913083 WHEELER TRUCKING, LLC Truck Liability/Cargo 8914013 STURDEVANT TRUCKING, INC. Truck Liability 891550 SHRECENGOST, JOSEPH ALLAN Truck Cargo 8915800 BLUE EAGLE LOGISTICS, INC. Truck Liability/Cargo 8915844 ROBERT RAY ANDERSON TRUCKING, LLC Truck Liability/Cargo 8915874 KOLLER REDI MIX, INC. Truck Cargo 8916174 KEYSTONE TRANSPORT SERVICES, LLC Truck Liability/Cargo 8916659 KEHL TRANSPORT, LLC Truck Cargo 8916762 HENDERSON LOGISTICS, LLC Truck Liability/Cargo 8917177 TAJ TRUCKING, CO. Truck Liability/Cargo 8917267 BACKDRAFT EXCAVATING, LLC Truck Liability 8917506 FEATHER TRUCKING, LLC Truck Liability 8917554 EASTERN FREIGHT SYSTEMS, LLC Truck Liability/Cargo 8917750 MARK D. CLAPSADLE Truck Cargo 8918060 TIMOTHY HULINGS Truck Liability/Cargo 8918405 BOYD TONER TRUCKING, LLC Truck Liability/Cargo 8918592 MAGIA LOGISTICS, LLC Truck Liability/Cargo 8918670 M. MACE TRUCKING, LLC Truck Liability/Cargo 8918899 BXI, LLC Truck Liability 8919115 TURBOS TRANSPORT AND RECOVERY, INC. Truck Liability/Cargo 8919376 ROSEMARY MARTIN Truck Liability/Cargo 8919428 BISHOP TRUCKING, LLC Truck Cargo 8919680 N&NSTANT, LLC Truck Cargo 8919820 EDWARD R. SCHUMACHER Truck Liability/Cargo 8919995 281 TRANSPORT, LLC Truck Liability 8920225 ALS HAULING & TRANSPORT, LLC Truck Liability/Cargo 8921098 MVP TRANSPORT CORP. Truck Liability/Cargo 8921144 HONEY TRUCKING, INC. Truck Liability/Cargo 8921464 JONEZIN TRANSPORT, LLC Truck Liability/Cargo 8921993 M. AMDITIS TRUCKING, LLC Truck Liability 8922105 LAPP'S LOADER SERVICE, LLC Truck Cargo 8922250 ASH TRANSFER, LLC Truck Liability/Cargo 8922308 AMERICAN EXPEDITING LOGISTICS, LLC Truck Liability 8922335 DALE E. MARTIN Truck Liability/Cargo 8922428 JONATHAN R. HOWARD Truck Liability 8922514 STEADFAST TRANSPORT, LLC Truck Liability/Cargo 8922582 SCHUYLKILL EXCAVATING, LLC Truck Liability 8922902 RED LAND EXPRESS, INC. Truck Cargo 8922903 BARNES BOYS TRUCKING, LLC Truck Liability/Cargo 8922977 EMRICK TRUCKING, LLC Truck Liability 8922984 SACRED TRANSPORTATION, LLC Truck Liability/Cargo 8923100 BKN TRANSPORT, LLC Truck Liability 8923132 BROWN DOG EXPRESS, LLC Truck Liability/Cargo 8923191 CHISOLM'S TRUCKING, LLC Truck Liability/Cargo 8923193 DKM LOGISTICS, INC. Truck Liability 8923255 FLINTS TRUCKING, LLC Truck Liability/Cargo 8923372 MCBC MEDICAL DELIVERY SERVICES, LLC Truck Liability 8923376 A&A PROFESSIONAL MOVERS, LLC Truck Cargo 8923603 JAMSON P., LLC Truck Liability/Cargo 8923678 LOAD RUNNERZ, LLC Truck Liability/Cargo 8923847 BARNHILL TRANSPORTATION, LLC Truck Liability/Cargo 8923899 068 TRUCKING, LLC Truck Liability 8923914 GILLZ LOGISTICS, LLC Truck Liability 8923978 DURANS EXPRESS, LLC Truck Liability 8924095 BANGSLY, LLC Truck Liability/Cargo 8924141 RONALD WEITKAMP Truck Liability/Cargo 8924221 CYANLINK LOGISTICS, LLC Truck Liability/Cargo 8924230 JONS TRANSPORT, LLC Truck Liability/Cargo 8924306 CRIVERA, LLC Truck Liability/Cargo 8924416 JUSTINO INTERNATIONAL, LLC Truck Cargo 8924468 EARTH TRUCKING, LLC Truck Liability/Cargo 8924483 COBRE TRANSPORTATION, LLC Truck Liability 8924550 WESTRAY BROTHERS TRUCKING, LLC Truck Liability/Cargo 8924651 K & T SEAHORSES TRUCKING, LLC Paratransit Liability 8924761 365 TRUCKING, LLC Truck Liability/Cargo 8924803 LONG HAUL SPECIALTY TRANSPORT, INC. Truck Liability/Cargo 8924821 ROBLES TOWING CORP. Truck Liability/Cargo 8924938 ROSANO TRUCKING, LLC Truck Liability/Cargo 8924958 NIGHT PROWLER TRUCKING, LLC Truck Liability/Cargo 8924978 KUMM & GO ENTERPRISE, LLC Truck Cargo 8925339 TEC LOGISTICS, LLC Truck Liability/Cargo 8925416 COMMON SENSE SHIPPING, LLC Truck Liability/Cargo 8925466 CURT ROC TRANSPORT, LLC Truck Liability/Cargo 8925480 TIME TRUCKING CORP. Truck Liability/Cargo 8925489 JIM'S AUTOMOTIVE SPECIALTIES, LLC Truck Liability/Cargo 8925495 SHAWNY BOY TRUCKING, LLC Truck Cargo 8925603 MOSTOLLER TRANSPORTATION, LLC Truck Liability 8925623 WILD HOGS TRUCKING, LLC Truck Liability/Cargo 8925720 TRANSATLANTIC CONSTRUCTION, INC. Truck Cargo 8925733 ON SITE SHED HAULING, LLC Truck Liability/Cargo 8925748 LONGVUE TRANSPORTATION, LLC Truck Liability/Cargo 8925807 LARRIUZ LOGISTICS, LLC Truck Liability/Cargo 8925848 HARD LANE DISPATCH, LLC Truck Liability/Cargo 8925850 DUB'S ROADSIDE, LLC Truck Liability 8925969 A & A TRANSPORT SERVICES, LLC Truck Liability/Cargo 8925980 BDH HEATING FUEL & FARM DELIVERY
SERVICES, LLCTruck Cargo 8926029 MSX LOGISTICS, LLC Truck Liability/Cargo 8926051 5BS TRANSPORTING, LLC Truck Liability 8926085 ON OFF, LLC Truck Liability/Cargo 8926160 RHL FREIGHT, INC. Truck Liability/Cargo 8926187 GREEN LOGISTICAL PARTNERS, LLC Truck Cargo
[Pa.B. Doc. No. 23-1387. Filed for public inspection October 6, 2023, 9:00 a.m.] _______
1 52 Pa. Code §§ 32.11—32.16.
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