NOTICES

Service of Notice of Motor Carrier Applications

[28 Pa.B. 4852]

   The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Publication of this notice shall be considered as sufficient notice to all carriers holding authority from this Commission. Applications will be considered without hearing in the absence of protests to the application. Protests to the applications published herein are due on or before October 19, 1998, as set forth at 52 Pa. Code § 3.381 (relating to applications for transportation of property and persons). The protest shall also indicate whether it applies to the temporary authority application or the permanent application or both.

Applications of the following for approval of the beginning of the exercise of the right and privilege of operating as common carriers for transportation of persons as described under each application.

   A-00115269. Application of Willow Street Fire Company, Inc., a corporation of the Commonwealth of Pennsylvania, for the right to begin to transport, as a common carrier by motor vehicle, persons in paratransit service, between points in Lancaster County, and from points in said county, to points in Pennsylvania, and return; service to be provided in vans, which are both wheelchair and ambulance lifter capable, equipped with a wheelchair lift. Application for temporary authority has been filed at A-00115269, seeking the rights cited above.

Motor Carrier Applications--Property, Excluding Household Goods in Use

   The following applications for the authority to transport property, excluding household goods in use, between points in Pennsylvania, have been filed with the Pennsylvania Public Utility Commission. Public comment to these applications may be filed, in writing with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265 on or before October 13, 1998.

A-00115303	Jenkins Trucking & Sons, Inc. Rt. 2 Box 263 Ralph Livengood Rd., Albright, WV 26519
A-00115302	Randall D. Snyder, t/a Randall Snyder Trucking P. O. Box 9, Dawson, PA 15428
A-00115301	Ronald G. Wright 3079 Kehrer Hill Road, Montoursville, PA 17754
A-00114915 F.2	Marc R. Finkle, t/a Finkle Transportation 128 Willow Lane, Patton, PA 16668
A-00115300	William B. Means, t/a Means Brothers P. O. Box 131, Punxsutawney, PA 15767
A-00114789 F.2	Scott Allen Eimerbrink Box 304-A, R. R. 1, Port Royal, PA 17082

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. D & T Limousine Service, Inc.; Doc. No. A-00109546C98 F.3

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

   1.  That D & T Limousine Service, Inc., respondent, maintains its principal place of business at 12720 Bellaire Avenue, Cleveland, Ohio 44135.

   2.  That respondent was issued a certificate of public convenience by this Commission on September 21, 1994, at Application Docket No. A-00109546.

   3.  That respondent, on April 10, 1998, at approximately 11:00 a.m., at Route 120 Chapman Township, Clinton County, Pennsylvania, permitted a certain 1995 Dodge truck bearing Ohio License No. QTJ372, Vehicle Identification No. B4HB15X0SK532114, to be operated.

   4.  That the vehicle described in Paragraph 3 of this complaint was inspected by Enforcement Officer Leonard J. Coval, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 3 and the following violations were disclosed:

   (a)  Vehicle failed to display a currently valid and legible certificate of inspection.

   (b)  Horn inoperative.

   5.  That respondent, on April 10, 1998, at approximately 11:30 a.m., at Route 120, Chapman Township, Clinton County, Pennsylvania, permitted a certain 1995 Dodge truck bearing Ohio License No. SOC586, Vehicle Identification No. 2B4HB15X5SK578506, to be operated.

   6.  That the vehicle described in Paragraph 5 of this complaint was inspected by Enforcement Officer Leonard J. Coval, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 5 and the following violations were disclosed:

   (a)  Vehicle failed to display a currently valid and legible certificate of inspection.

   (b)  Odometer inoperative.

   7.  That respondent, by failing to have an operative horn in its vehicle while in operation, violated 52 Pa. Code § 29.402(1), 67 Pa. Code §§ 175.76, 175.80(b)(3), and 75 Pa.C.S. § 4535 and, by failing to maintain safe and reasonable facilities for the proper safety of its patrons and public, violated 66 Pa.C.S. § 1501.

   8.  That respondent, by displaying a certificate of inspection issued for another vehicle, violated 67 Pa. Code §§ 175.41 and 175.45 and 75 Pa.C.S. § 4703.

   9.  That respondent, by failing to have a properly calibrated odometer in its vehicle, violated 52 Pa. Code § 29.402(1) and 67 Pa. Code § 175.74.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine D & T Limousine Service, Inc. the sum of seven hundred dollars ($700.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

Respectfully submitted,
George T. Mahan, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

Verification

   I, George T. Mahan, 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 to be able to prove the 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: ______
______
George T. Mahan

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). 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 and three (3) copies sent to:

James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   B.  If you fail to answer this complaint within twenty (20) days, the Bureau of Transportation and Safety 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 Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. 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 proceeding shall be closed.

   D.  If you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty (see B).

   E.  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 in C, above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Technical Unit at (717) 783-5945.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 98-1585. Filed for public inspection September 25, 1998, 9:00 a.m.]

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