NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[54 Pa.B. 4410]
[Saturday, July 27, 2024]

 Formal complaints have been issued by the Pennsylvania Public Utility Commission. Answers must be filed in accordance with 52 Pa. Code (relating to public utilities). Answers are due August 12, 2024, and must be made with the Secretary, Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.

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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. G5 Taxi, Inc.; Docket No. C-2024-3049070

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 Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:

 1. That G5 Taxi, Inc., Respondent, maintains its principal place of business at 100 North Wiles-Barre Blvd, Ste 302, Wilkes-Barre, Luzerne County, Pennsylvania, 18702.

 2. That Respondent was issued a certificate of public convenience to transport, as a common carrier, by motor vehicle, persons in call or demand service between points in Lackawanna and Luzerne Counties, to points in Pennsylvania and return by this Commission on October 5, 2023, at PUC No. A-6325884, certificate A-2023-3037749.

 3. That on May 7, 2024, PUC Enforcement Supervisor Thomas Kepping completed a Driver/Vehicle Compliance Report (DVCR) at the Hanover Industrial Park, Hanover Township, Luzerne County, PA. The vehicle was a 2016 Toyota Sienna, Pa registration number TX51507, driven by Jose M. Rodriguez Garrido. During that inspection the following violations were found.

 a. Left front tire is worn at two adjacent tread grooves that the tread groove indicators encounter the roadway.

 b. Left rear turn signal is inoperable.

 c. Battery securing device is not attached.

 d. Right front tire depth, 2 adjacent tread grooves measured less than 4/32-inch tread.

 e. Both rear tires, 2 adjacent tread grooves measured less than 4/32-inch tread.

 f. Inoperable left rear brake light reverse light.

 g. Inoperable left rear reverse light.

 h. No consumer information decal displayed.

 4. That Respondent, by allowing a vehicle to operate with tires having a left front tire worn that the tread groove indicators encounter the roadway has violated 52 Pa. Code § 29.402(1). The penalty for this violation is $100.00.

 5. That the Respondent, by allowing a vehicle to operate with an inoperable left rear turn signal, has violated 52 Pa. § 29.402(1) Code 67 C.S. 175.66(f)(3). The penalty for this violation is $100.00.

 6. The Respondent, by allowing a vehicle to operate without a securing device for the battery, has violated 52 Pa. Code § 29.402(1) 67 C.S. 175.66(n). The penalty for this violation is $100.00

 7. The Respondent, by allowing a vehicle to operate with a right front tire with unacceptable tire tread depth, has violated 52 PA. Code § 29.4021 67 C.S. 175.65(a). The penalty for this violation is $50.00.

 8. That Respondent, by allowing a vehicle to operate with both rear tires with unacceptable tire tread depth, has violated 52 Pa. code § 29.402(1) 67 C.S. 175.65(a). The penalty is $50 per violation for a total of $100.00.

 9. That Respondent, by allowing a vehicle to operate with an inoperable left rear brake light, has violated 52 Pa. Code 29.402(1). The penalty for this violation is $50.00.

 10. That Respondent, by allowing a vehicle to operate with an inoperable reverse light, has violated 52 Pa. Code § 29.402(1). The penalty for this violation is $50.00.

 11. That Respondent, by allowing a vehicle to operate with no consumer information decal displayed, has violated 52 Pa. Code § 29.318. The penalty for this violation is $50.00.

 Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine G5 Taxi, Inc., the amount of six hundred dollars ($600.00) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,
Brian B. Mehus, Acting Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
400 North Street
Harrisburg, PA 17120

VERIFICATION

 I, Brian B. Mehus, 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: 10 June 2024

Brian B. Mehus, Acting Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

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 shall be mailed to:

Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120

 Or you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd Floor
Harrisburg, PA 17120

 Or, e-mailed to: RA-PCCmplntResp@pa.gov

 B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 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
400 North Street, 2nd Floor
Harrisburg, PA 17120

 D. 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 proceedings shall be closed.

 E. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.

 F. 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.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. G5 Taxi, Inc.; Docket No. C-2024-3049071

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 Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:

 1. That G5 Taxi, Inc., Respondent, maintains its principal place of business at 100 North Wiles-Barre Blvd, Ste 302, Wilkes-Barre, Luzerne County, Pennsylvania, 18702.

 2. That Respondent was issued a certificate of public convenience to transport, as a common carrier, by motor vehicle, persons in call or demand service between points in Lackawanna and Luzerne Counties, to points in Pennsylvania and return by this Commission on October 5, 2023, at PUC No. A-6325884, certificate A-2023-3037749.

 3. That on May 3, 2024, PUC Enforcement Officer Elliott Miller completed a Driver/Vehicle Compliance Report (DVCR) at 1073 SR 315, Wiles-Barre, Luzerne County, PA. The vehicle was a 2017 Honda Sedan, Pa registration number TX51566, driven by Gregory Severino. During that inspection the following violations were found:

 a. Vehicle was transporting passenger with no dome light attached to the roof.

 b. Right front tire has two adjacent tread grooves with less than 2/32'' tread remaining.

 c. Left tire tread wear indicators contact the road surface in two adjacent grooves.

 d. No consumer information decal displayed.

 4. That Respondent, by allowing a vehicle to operate with no dome light attached to the roof of the vehicle, has violated 52 Pa. Code § 29.314(e). The penalty for this violation is $250.00.

 5. That Respondent, by allowing a vehicle to operate with left front tire that has two adjacent tread grooves with less than 2/32'' tread remaining, has violated 52 Pa. Code § 29.402(1). The penalty for this violation is $100.00.

 6. The Respondent, by allowing a vehicle to operate with a left front tire with unacceptable tire tread depth, has violated 52 PA. Code § 29.4021 67 C.S. 175.65(a). The penalty for this violation is $100.00.

 7. That Respondent, by allowing a vehicle to operate with no consumer information decal displayed, has violated 52 Pa. Code § 29.318. The penalty for this violation is $50.00.

 Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine G5 Taxi, Inc., the amount of five hundred dollars ($500.00) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,
Brian B. Mehus, Acting Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
400 North Street
Harrisburg, PA 17120

VERIFICATION

 I, Brian B. Mehus, 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: 10 June 2024

Brian B. Mehus, Acting Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

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 shall be mailed to:

Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120

 Or you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd Floor
Harrisburg, PA 17120

 Or, e-mailed to: RA-PCCmplntResp@pa.gov

 B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 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
400 North Street, 2nd Floor
Harrisburg, PA 17120

 D. 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 proceedings shall be closed.

 E. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.

 F. 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.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 24-1068. Filed for public inspection July 26, 2024, 9:00 a.m.]

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