NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancelation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[54 Pa.B. 5338]
[Saturday, August 17, 2024]Public Meeting held
August 1, 2024Commissioners 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-2024-3050036
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: August 1, 2024
ORDER ENTERED: August 7, 2024
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility
CodeUtility Name Suspended Authorities Insurance Type
Not on File631723 PLYMOUTH TAXI, INC. Taxi Liability 631871 NORTHEASTERN TRANSIT, INC. Paratransit, Limousine, GP16+ Liability 6319482 SILVER TRANSPORTATION, LLC Limousine Liability 6320756 GRAB A CAB, INC. Taxi Liability 633859 J & J LEASING & RENTALS, INC. Taxi, Limousine,
GP11—15, GP16+Liability 640923 LIMO 2000, INC. Limousine Liability 640988 PARK PLACE LIMOUSINE SERVICE, LLC Limousine Liability 6418177 JORDAN ABROMOVITZ Limousine Liability 6418544 BLACK CAR SERVICE OF BUCKS COUNTY, LLC Limousine Liability 6419602 MEDIC TRANSIT, INC. Paratransit Liability 6419705 WISA ENTERPRISES, LLC Paratransit Liability 6421286 ON CALL TRANS, LLC Paratransit Liability 6422033 SECURE CHOICE TRANSPORTATION, LLC Paratransit Liability 6423636 NASTECH, LLC Paratransit Liability 6423970 LIBERTY LIMO SERVICE, LLC Limousine Liability 6424955 GOLDMARK TRANSPORTATION, LLC Limousine Liability 6425754 ONE TRANSPORTATION SERVICES, LLC Paratransit Liability 6426253 IA TRANSPORTATION, LLC Paratransit Liability 6426324 ALPHA ELITE SERVICES, LLC GP11—15, GP16+ Liability 6426387 ENROUTE TRANSPORTATION, LLC Paratransit Liability 6426551 MAABCARCARE, INC. Paratransit Liability 6426688 ADVANCED EXECUTIVE TRANSPORTATION, LLC Limousine Liability 6426907 BOOK A CAR PA, INC. Limousine Liability 643332 HUBBARD BUS SERVICE, INC. GP16+ Liability 700445 ENGLES TRUCKING SERVICES, INC. Truck Liability, Cargo 701239 J. F. BALATGEK TRUCKING, INC. Truck Liability, Cargo 702059 DIEHL TRUCKING, INC. Truck Liability 702359 KREVEL TRUCKING CO., INC. Truck Liability 702939 R.S. SNYDER ENTERPRISES, INC. Truck Cargo 703677 D. L. MARTIN TRUCKING, LLC Truck Liability, Cargo 704417 MOIST, DONALD J., TRUCKING, INC. Truck Liability 705393 M. BYLER TRANSPORTATION, LLC Truck Cargo 705483 MCNATT, WARREN D., JR. Truck Liability 705519 ECKROTH TRUCKING, INC. Truck Liability, Cargo 705525 W.D. DUMP TRUCK SERVICE, LLC Truck Cargo 706431 PHILLIPS, MELVIN, E. Truck Liability, Cargo 706592 ROBERT C. & RUTH L. KLINGER TENANTS BY ENTIRETY Truck Liability 707057 KJB TRANSPORTATION, INC. Truck Liability 707751 PAUL SAYERS Truck Liability, Cargo 707803 BROCK SCHMECKENBECHER Truck Liability, Cargo 708301 SHAMASKI, MICHAEL Truck Liability, Cargo 708432 FRANCIS MARIO TINSLEY Truck Cargo 708669 SPRENKEL, DAVID R. Truck Liability, Cargo 708804 ECKMAN, RICHARD Truck Liability 772780 HOY TRANSFER, INC. Truck, HHG Liability, Cargo 806320 MILLER BROS TRUCKING, INC. Truck Liability 8910136 B&G LEASING, INC. Truck Liability, Cargo 8910675 GUY DAYTON Truck Liability 8911343 CASKEY TRUCKING, LLC Truck Liability, Cargo 8911533 SLOVIKOSKY LANDSCAPING, LLC Truck Liability, Cargo 8912292 JACK L. WOOD Truck Cargo 8912487 S & K STONE, INC. Truck Liability, Cargo 8913147 R. N. MOYER HAULING, LLC Truck Liability 8913795 RICH MASSEY AND SONS, LLC Truck Cargo 8914370 DAVID W. SHAMBAUGH Truck Liability, Cargo 8914670 LAMAR M. HUBER Truck Liability, Cargo 8915104 BARRY STURTZ Truck Liability, Cargo 8915891 KIRK TRUCKING SYSTEMS, INC. Truck Liability 8916005 HAMMERS TOWING, INC. Truck Cargo 8916250 NEW COVENANT FARM, LLC Truck Cargo 8916734 DAVID R. BROWN, LINCOLN P. BROWN Truck Liability 8916906 MAK MOVERS & STORAGE, LLC HHG Cargo 8916963 GARY HOLDREN Truck Liability 8917231 PHILAGORILLA MOVERS, LLC HHG Liability 8917241 RICHARD W. MACKNAIR Truck Liability, Cargo 8917356 KRC TRANSPORTATION AND LOGISTICS, LLC Truck Liability, Cargo 8917473 SIMPLE TRANSPORT, LLC Truck Liability 8917541 BWH FARM & TRUCKING, LLC Truck Liability, Cargo 8918530 JDS HAULING, LLC Truck Liability, Cargo 8918622 VICATO ENTERPRISES, LLC Truck Liability 8918712 CHAD KLAUGER Truck Liability 8918901 LAUGHERY TRUCKING, LLC Truck Liability 8919209 RICK N. SNYDER TRUCKING, LLC Truck Cargo 8919266 JOHN D. SAAM Truck Liability, Cargo 8919477 KNS TRANSPORT, LLC Truck Liability 8919486 PAUL FREMER LUMBER, INC. Truck Liability 8919692 C. MINTON TRUCKING, INC. Truck Liability 8919832 PATRICIA L. STANCZYK, DEREK A. STANCZYK Truck Liability 8919892 RUSH 24/7 COURIER, LLC Truck Liability 8920362 MRJW TRUCKING, INC. Truck Liability, Cargo 8920382 DREAM CARGO TRANSPORT, LLC Truck Liability, Cargo 8920560 LUKWARO & COMPANY INCORPORATED Truck Liability, Cargo 8920583 MARTIN & SONS TRUCKING INCORPORATED Truck Liability 8920641 TROY E. KOLLER Truck Liability, Cargo 8920722 SPATZ MOTOR CARGO, LLC Truck Liability, Cargo 8920854 GALUR EXPRESS, LLC Truck Liability, Cargo 8920871 S & S CONSTRUCTION, LLC Truck Liability, Cargo 8921045 MAYAS MOVERS, LLC HHG Liability 8921203 JASANDY TRUCK COMPANY Truck Liability, Cargo 8921281 HD & HD TRUCKING, LLC Truck Liability, Cargo 8921531 LT TRUCKING, INC. Truck Liability 8921566 HOLE IN THE WALL TRANSPORT, LLC Truck, Paratransit Liability 8921771 DEKORTE EXCAVATING, INC. Truck Cargo 8921958 BRAD SCHMADER TRUCKING, LLC Truck Liability 8922041 BEILERS SHELLING, LLC Truck Liability, Cargo 8922129 NOAH HOSTETLER Truck Liability 8922207 ZENEX, LLC Truck Liability 8922391 IRON LADY CONTRACTING, LLC Truck Liability 8922429 KR PERRY TRUCKING, LLC Truck Cargo 8922681 CALVIN R. DAVIE Truck Liability, Cargo 8922924 SKY POINT CRANE, LLC Truck Cargo 8923047 BROWNS TOWING & REPAIR, INC. Truck Liability, Cargo 8923186 ANTHONY R. GULOTTA HHG Liability 8923254 GS TRUCKING, INC. Truck Liability, Cargo 8923578 PETE TRUDICH TRUCKING, LLC Truck Liability, Cargo 8923656 MCCONNELL LOGISTICS, LLC Truck Cargo 8924022 KTM ENTERPRISES, LLC Truck Liability, Cargo 8924101 CRYSTAL SPRINGS TRANSPORT, LLC Truck Liability, Cargo 8924107 E. COOK TRUCKING, LLC Truck Liability 8924140 MEDHAT DANIAL SERVICES, LLC Truck Liability 8924167 SPRAGUE ENTERPRISE, LLC Truck Liability, Cargo 8924259 TODD BRIAN MELLOTT Truck Liability 8924276 BLUE OAK MOTOR COMPANY, LLC Truck Liability, Cargo 8924282 ALPHA LOGISTICS, LLC Truck Liability, Cargo 8924457 CROSSING THE RUBICON TRUCKING, LLC Truck Liability, Cargo 8924459 CROSS KEYS ENTERPRISE, LLC Truck Liability, Cargo 8924515 J. COPE TRUCKING, LLC Truck Liability, Cargo 8924535 EM HAULING, LLC Truck Liability, Cargo 8924594 WILMER L. NOLT Truck Liability, Cargo 8924818 STILL MAKING MOVES, LLC Truck Cargo 8925095 ATLANTIC UTILITY GROUP, LLC Truck Liability, Cargo 8925203 HILTON TRANSPORTATION, LLC Truck Cargo 8925212 VITE MOVING, LLC HHG Liability 8925274 JRS TRANSPORT, LLC Truck Liability, Cargo 8925307 COURIERSTAT365, LLC Truck Liability, Cargo 8925515 GOOD EXPRESS, LLC Truck Liability, Cargo 8925524 TZ TRUCKING SERVICES, LLC Truck Liability 8925545 C. REMINGTON TRUCKING, LLC Truck Liability, Cargo 8925682 DMS DELIVERY SERVICES, LLC Truck Liability, Cargo 8925813 ANDREW GRAYBILL Truck Liability, Cargo 8925849 DLVR LOGISTICS, LLC Truck Cargo 8925926 MJOLNIR TRUCKING, LLC Truck Cargo 8925952 3 LYNS TRUCKING, LLC Truck Liability, Cargo 8926007 CHOPA TOWING, LLC Truck Liability, Cargo 8926023 DICKERSON TRANSPORT, LLC Truck Liability 8926142 MP CUSTOM SERVICES, LLC Truck Liability 8926151 MSH TRANSPORTATION, LLC Truck Liability, Cargo 8926156 FLYING E CARTAGE, LLC Truck Liability, Cargo 8926193 YOUNG'S TOWING, LLC Truck Liability, Cargo 8926204 VERNON L. ROUSE, JR. Truck Liability, Cargo 8926211 JL LOGISTIC SOLUTIONS, INC. Truck Liability, Cargo 8926217 CLK TRANSPORT, LLC Truck Liability, Cargo 8926237 WNA TRUCKING, LLC Truck Cargo 8926246 FRONTLINE TRANSPORTATION, LLC Truck Liability, Cargo 8926295 3RDWHEEL ENTERPRISES, LLC Truck Liability, Cargo 8926301 REPPERT TRANSPORT, LLC Truck Liability, Cargo 8926315 SHARP LOGISTICS, LLC Truck Liability, Cargo 8926368 MCS AUTOMOTIVE SERVICES, LLC Truck Liability, Cargo 8926404 K & W TRANSPORT, LLC Truck Liability, Cargo 8926419 SOUTHSIDE TRUCKING, LLC Truck Liability, Cargo 8926430 A TO Z DELIVERY & LOGISTICS, LLC Truck Liability, Cargo 8926537 CRAZY COOTERS TRUCKING, LLC Truck Liability, Cargo 8926609 SAMUEL RIVERA Truck Cargo 8926756 LANGWORTHY SERVICES, LLC Truck Liability, Cargo 8926948 START HAULING LIMITED LIABILITY COMPANY Truck Liability, Cargo 8926984 ERG TRANSPORTATION CO. Truck Liability, Cargo 8926985 SAWYER TRANSPORT, LLC Truck Liability, Cargo 8927035 JAB HAULING, LLC Truck Liability, Cargo 8927044 ARROWTRACK TRANSPORT, LLC Truck Liability, Cargo
[Pa.B. Doc. No. 24-1172. Filed for public inspection August 16, 2024, 9:00 a.m.], 2024, 9:00 a.m.] _______
1 52 Pa. Code §§ 32.11—32.16.
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