NOTICES
PENNSYLVANIA
PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[30 Pa.B. 6398] 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 January 2, 2001, 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.
Application of the following for approval of the beginning of the exercise of the right and privilege of operating as contract carrier for transportation of persons as described under each application.
A-00097169, Folder 2. Norman Ray Peachey, t/d/b/a K. V. Bus Lines (88 Shawnee Drive, Belleville, Mifflin County, PA 17007)--contract carrier--persons, for Juniata Valley Tri-County MH/MR Program, between points in Pennsylvania.
Service of Insurance Complaint Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Scott Hewitt, t/a Point Transfer; Doc. No. A-00114773C0001
Complaint The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania, empowered to regulate motor carriers and brokers within this 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 Scott Hewitt, t/a Point Transfer, respondent, maintains a principal place of business at 27 West 735 Sycamore Lane, West Chicago, IL 60185.
2. That all times relevant to this Complaint, respondent held a certificate of public convenience issued by this Commission at Application Docket No. A-00114773.
3. That pursuant to Section 512 of the Public Utility Code, 66 Pa.C.S. § 512, and 52 Pa. Code Chapter 32; respondent is required to maintain evidence of current insurance on file with this Commission.
4. That respondent has failed to maintain evidence of bodily injury and property damage liability insurance, in violation of the Public Utility Code and regulations cited in Paragraph 3 of this complaint.
5. That as a result of failure to maintain evidence of current insurance on file with this Commission, the Bureau of Transportation and Safety Prosecutory Staff requests that the Secretary of the Commission revoke respondent's certificate of public convenience.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Secretary of the Commission revoke the certificate of public convenience held by Scott Hewitt, t/a Point Transfer at Docket No. A-00114773, for failure to maintain current evidence of insurance on file with the Commission.
Respectfully submitted,
George T. Mahan, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
Notice to Plead A. You must file an answer within twenty (20) days of the date of service of the complaint. The date of service is the date of issue of this publication. 52 Pa. Code § 1.56(a). The answer must raise all factual and legal arguments that you wish to claim in your defense and must include the docket number of this complaint. Your answer must be verified and the original and two (2) copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265, Harrisburg, PA 17105-3265
Insurance Unit (717) 787-1227B. If you fail to answer this complaint with twenty (20) days of the date of service as identified in Paragraph A above, the Bureau of Transportation and Safety will request the Secretary to revoke the certificate of public convenience; contract carrier permit; or brokerage license.
C. In lieu of an answer, you may elect not to contest this complaint by causing insurer to file proper evidence of current insurance (Form E for bodily injury and property damage liability or Form H for cargo insurance) in accordance with the Commission's regulations. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the proof of insurance from your insurer, the complaint proceeding shall be closed. ACCORD certificates of insurance are unacceptable as evidence of insurance.
D. If you fail to file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request the Secretary to sustain the complaint and cancel the certificate of public convenience; contract carrier permit; or brokerage license.
E. If you file an answer which contests the complaint, the matter will be assigned to the Office of Administrative Law Judge for hearing and decision.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at (717) 783-5933.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 00-2148. Filed for public inspection December 8, 2000, 9:00 a.m.]
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