NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[54 Pa.B. 7814]
[Saturday, November 30, 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 December 16, 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. Good Cab, LLC; Docket No. C-2024-3051152

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 Good Cab, LLC, Respondent, maintains its principal place of business at 2304 Walnut Street, Harrisburg, PA 17103.

 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 on June 22, 2005, at PUC number A-632578.

 3. That on September 12, 2024, PUC Enforcement Supervisor Timothy Troxell, Officers' Travis Griffith, Matthew Ohlinger and David Drago, conducted a patrol operation in the city of Harrisburg.

 4. That PUC Enforcement Officer Matthew Ohlinger conducted a Driver/Vehicle Compliance report (DVCR) on that date on Monroe Street, Harrisburg, Dauphin County, PA. The vehicle was a 2011 Chevrolet Impala, registration number TX50064 the last 4 digits of the vehicle identification number being 7111, odometer reading 416,598, being driven by Jeffrey Stickle. Multiple violations were noted as follows:

 a. The vehicle age was greater than 12 years and the mileage exceeds 350,000.

 b. Vehicle moves on a level surface when parking brake is fully applied.

 c. Dent greater that 4 inches on right rear quarter panel.

 d. Exhaust leak under vehicle, entering passenger compartment when accelerating.

 e. No log sheets on board, violating 52 PA § 29.313(c).

 f. Driver felony conviction for a violation of the controlled substance act on 9/30/2019, violating 52 PA § 505(b)(1)(D).

 5. That following these inspections, Respondent was advised to submit criminal history and driver history reports. Officer Ohlinger did not receive those reports.

 6. That Respondent allowed a vehicle to operate with a vehicle aged over 12 years and with mileage greater than 350,000 has violated 52 PA § 29.314(c). The penalty for this violation is $500.

 7. That Respondent allowed a vehicle to operate with a vehicle that moves on a level surface when parking brake is fully applied, has violated 52 PA § 29.402(1), 67 § 175.64(c)(1). The penalty for this violation is $50.

 8. That Respondent allowed a vehicle to operate a vehicle with a dent greater than 4" inches, has violated 52 PA § 29.403(6). The penalty for this violation is $100.

 9. That Respondent allowed a vehicle to operate with an exhaust leak which entered the passenger compartment, has violated 52 PA § 29.402(1), 67 § 175.75(b). The penalty for this violation is $100.

 10. That Respondent allowed a vehicle to operate without log sheets in the vehicle, has violated 52 PA § 29.313(c). The penalty for this violation is $50.

 11. That Respondent allowed a vehicle to be operated by a person with a felony conviction, has violated 52 PA § 505(b)(1)(i)(D). The penalty for this violation is $1,000.

 12. That Respondent failed to provide criminal history has violated 66 Pa.C.S 505. The penalty for this violation is $100.

 13. That Respondent failed to provide driver records has violated 66 Pa.C.S 505. The penalty for this violation for a total of $100.

 Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Good Cab, LLC, the amount of two thousand dollars ($2000.00) 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, 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 October 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

 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. 24-1718. Filed for public inspection November 27, 2024, 9:00 a.m.]

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