NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[38 Pa.B. 2429]
[Saturday, May 24, 2008]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. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by June 9, 2008. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.
Application of the following for approval to begin operating as common carriers for transportation of persons as described under each application.
A-2008-2036325. Dynasty Limousine Service, LLC (Corrected) (64 East Uwchlan Avenue, No. 210, Exton, Chester County, PA 19320)--group and party service, in vehicles seating 11--15 passengers, from points in the Counties of Chester, Delaware, Lancaster, Montgomery and the City and County of Philadelphia, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority. Attorney: Richard T. Mulcahey, Jr., Esq., Two Penn Center, Suite 1400, 1500 JFK Boulevard, Philadelphia, PA 19102.
Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.
A-2008-2039762. Airlines Acquisition Co., Inc., t/d/b/a Airlines Transportation Company (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15223), a corporation of the Commonwealth--persons upon call or demand from the Allegheny County Airport in the Township of Mifflin, Allegheny County: So As To Permit the transportation of persons, upon call or demand: (a) in the Borough of Brentwood and the Townships of Bethel, Upper St. Clair and Snowden, Allegheny County; (b) in the Township of Baldwin, the Borough of Whitehall, and that portion of the Township of Jefferson, all in Allegheny County, bounded and described as follows: Beginning at a point common to Jefferson, Snowden and Baldwin Townships, thence from said point of beginning along the line dividing Snowden Township from Jefferson Township to Highway Route 02085; thence along Highway Route 02085 in a northeasterly direction to the Mowery, Gin Hall and Cochrans Mill Roads; thence along said road to Highway Route 072; thence along Highway Route 072 and the Coal Valley Road to Highway Route 51; thence in a northwesterly direction along highway Route 51 to Highway Route 02113, thence along Highway Route 02113 to the line dividing Jefferson Township for (sic) West Mifflin Borough; thence along said township line to a point common to Jefferson Township, Baldwin Township and West Mifflin Borough; thence along the Jefferson Township-Baldwin Township line to the palace of beginning; including the Borough of Pleasant Hills; (c) in that portion of the Borough of West Mifflin, Allegheny County, bounded and described as follows: Beginning at a point at the southwesterly corner of West Mifflin Borough, at a point common to Jefferson and Baldwin Boroughs; thence along a line dividing West Mifflin and Baldwin Boroughs, to a point on a line dividing property now or formerly of Terminal Coal Company and property of Charles Davis; thence along said dividing line and along a line dividing property now or formerly of Willock Land Company from property of Carnegie Illinois Steel Corporation, in a southeasterly direction to State Highway Route 885 and Monongahela, Southern Railroad, also known as the Union Railroad; thence in a northeasterly direction along the line of the Union Railroad and along the northerly line of the Municipal Airport property, to Buttermilk Hollow Road; thence along Buttermilk Hollow Road in a southerly direction to Lebanon Church Road; thence in a southwesterly direction along Lebanon Church Road to the Jefferson Borough line, thence along the Jefferson Borough line in a northerly direction to the place of beginning; (d) in the Borough of Castle Shannon; (e) in the Borough of Finleyville, Washington County, and within a radius of 5 miles thereof; (f) in the City of Pittsburgh, Allegheny County; which is to be a transfer of the rights authorized under the certificate of public convenience issued at A-00116130, F.2, to Pittsburgh Transportation Company, t/d/b/a Cruiser Cab, subject to the same limitations and conditions. Attorney: Ray F. Middleman, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.
A-2008-2040379. Airlines Acquisition Co., Inc., t/d/b/a Airlines Transportation Company (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15223), a corporation of the Commonwealth--persons in airport transfer service, from points in the Counties of Armstrong, Bedford, Beaver, Butler, Clarion, Crawford, Fayette, Indiana, Lawrence, Mercer, Somerset and Venango, to the Pittsburgh International Airport located in the Townships of Moon and Findley, Allegheny County, and the Allegheny County Airport located in the borough of West Mifflin, Allegheny County: So As To Permit the transportation of persons, in airport transfer service: (a) in limousines and luxury-type vehicles from points in the Township of North Huntingdon, and the Cities of Jeannette and Greensburg, and the Boroughs of Irwin, Mt. Pleasant, Scottsdale, Latrobe and Monessen, all in the County of Westmorland, to the Greater Pittsburgh International Airport in the Townships of Moon and Findlay, and vice versa, limited to the transportation of persons having prior or subsequent movement by air; and provided that the service shall be rendered in vehicles having a seating capacity of not less than seven or more than 11 passengers, without the use of taximeters or dome lights; (b) from the Greater Pittsburgh International Airport in the Townships of Moon and Findlay, Allegheny County, to points in Washington County, and vice versa; limited to the transportation of persons having prior or subsequent movement by air; excluding service between intermediate points; and provided that no service will be rendered to points in the Borough of Findleyville, Washington County, and within a radius of 5 miles of the limits thereof, and vice versa; (c) from the Greater Pittsburgh International Airport, to points in Westmoreland County, and vice versa; limited to the transportation of persons having prior or subsequent movement by air; (d) in limousines and luxury-type vehicles from points in the Counties of Armstrong, Beaver, Butler, Cambria, Greene, Indiana, Somerset and Westmoreland, to the Greater Pittsburgh International Airport in the Township of Moon, Allegheny County; and the Allegheny County Airport in the Borough of West Mifflin, Allegheny County; right d subject to the following two conditions: That no right, power or privilege is granted to provide service form points in the Townships of Adams, Connoquenessing, Cranberry, Forward, Jackson, Lancaster, Butler, Penn and Middlesex, and the Boroughs of Seven Springs and Zelienople, Butler County; That service from Westmoreland County is restricted to the transportation of four or more persons form one origin point for whom a reservation has been made by a single party or person, but who are charged individually; which is to be a transfer of the rights authorized under the certificate of public convenience issued at A-00116130, F.4, to Pittsburgh Transportation Company, t/d/b/a Cruiser Cab, subject to the same limitations and conditions. Attorney: Ray F. Middleman, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.
Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.
A-2008-2040373. Airlines Acquisition Co., Inc., t/d/b/a Airlines Transportation Company (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15223), a corporation of the Commonwealth--additional right--person, in group and party service, in vehicles seating 15 passengers or less, including the driver: (a) from points in Allegheny County to points in Pennsylvania, and return; (b) between points in the Counties of Westmoreland, Washington, Indiana, Jefferson, Cambria and Bedford, and from points in said counties to points in Pennsylvania, and return; which is to be a transfer of the rights authorized under the certificate of public convenience issued at A-00116130, F.3, to Pittsburgh Transportation Company, t/d/b/a Cruiser Cab, subject to the same limitations and conditions. Attorney: Ray F. Middleman, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.
A-2008-2039893. Airlines Acquisition Co., Inc., t/d/b/a Airlines Transportation Company (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15223), a corporation of the Commonwealth--additional right--persons, in limousine service, between points in the County of Allegheny: which is to be a transfer of the right authorized under the certificate of public convenience issued at A-00116130, F.5, to Pittsburgh Transportation Company, t/d/b/a Cruiser Cab, subject to the same limitations and conditions. Attorney: Ray F. Middleman, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.
____ Pennsylvania Public Utility Commission, Bureau of
Transportation and Safety v. Aurora Taxi, Inc.;
Doc. No. C-2008-2035504
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 all authority issued to Aurora Taxi, Inc. (respondent) is under suspension effective November 5, 2007 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 115 North Water Street, Lewisburg, PA 17837.
3. That respondent was issued a Certificate of Public Convenience by this Commission on October 28, 1997, at Application Docket No. A-00113979.
4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission.
5. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
Wherefore, unless respondent causes its insurer to file evidence of insurance with this Commission within twenty (20) days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00113979 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Wendy J. Keezel, 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: _____ _________________ Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforcement
Bureau of Transportation and Safety
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 and three (3) copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty (20) days of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or Order of the Commission is a separate and distinct offense, subject to additional penalties.
C. You may elect not to contest this Complaint by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations and by paying the fine proposed in the Complaint by certified check or money order within twenty (20) days of the date of service of this Complaint.
The proof of insurance must be filed with the:
Compliance Office, Bureau of Transportation and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Acord Certificates of Insurance and Faxed Form Es and Hs are Unacceptable as Evidence of Insurance.
The fine payment must be made to the Commonwealth of Pennsylvania and forwarded to
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations.
Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Complaint proceeding shall be closed.
D. If you file an Answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.
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 above.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 08-1004. Filed for public inspection May 23, 2008, 9:00 a.m.]
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