NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
[40 Pa.B. 3183]
[Saturday, June 12, 2010]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 28, 2010. 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 the application.
A-2010-2178503. Frank H. Barton, t/a F. H. Barton Transportation (19747 SR 92, Susquehanna, Susque-hanna County, PA 18847)—persons in paratransit service, between points in Pennsylvania.
Applications of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under each application.
A-2010-2172633. Physicians Choice Ambulance Service, Inc. (300 Domino Lane, Philadelphia, PA 19128)—in paratransit service, which is to be a transfer of all rights authorized under the certificate issued at A-00119122, F. 2, to Safecare Ambulance Services, Inc., subject to the same rights and limitations. Attorney: Peter L. Johnston, Esq., 2033 Walnut Street, Philadelphia, PA 19103.
A-2010-2179338. AAA Worldwide Transportation, Inc. (79 Beaver Avenue, Suite 6, Clinton, Hunterdon County, NJ 08809)—a corporation of the State of New Jersey—in limousine service, between points in Pennsylvania, which is to be a transfer of all rights authorized under the certificate issued at A-00117376 to Stylin' Limousine, Inc., subject to the same limitations and conditions. Attorney: Richard T. Mulcahey, 1500 JFK Boulevard, Two Penn Center, Suite 1400, 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 as described under the application.
A-2010-2178769. L & M Connect, LLC (27321 Route 220, Milan, PA 18834)—a corporation of the Commonwealth, for amendment to its common carrier certificate, which grants the right, inter alia, to transport, by motor vehicle, in paratransit service between points in Bradford, Tioga, Susquehanna and Sullivan Counties, Pennsylvania: SO AS TO PERMIT: the transportation of persons, in paratransit service, by vans with a maximum ten passenger capacity, not including the driver, between temporary residences in hotels/motels to and from various locations, including job sites where they are employed in the natural gas drilling industry between points in Pennsylvania. Attorney: Gary E. French, Esq., Keefer Wood Allen & Rahal, LLP, 210 Walnut Street, P. O. Box 11963, Harrisburg, PA 17108-1963.
Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under the application.
A-2010-2178147. Chic's Limousine and Transportation, Inc. (1624 Burke Road, Blue Bell, Montgomery County, PA 19422), a corporation of the Commonwealth—persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. Attorney: Robert A. Saraceni, Jr., 548 1/2 East Main Street, Suite A, Norristown, PA 19401.
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Pennsylvania Public Utility Commission,
Bureau of Transportation and Safety v. Main Line Limousine, Inc., t/a Elegante Limousine Service; A-00108501; C-2009-2108020
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 Main Line Limousine, Inc., t/a Elegant Limousine Service, respondent, maintains its principal place of business at 41 Claremont Blvd., Havertown, Pennsylvania 19083.
2. That respondent was issued a certificate of public convenience by this Commission, for Limousine service, on October 11, 1989, at Application Docket No. A-00108501.
3. That on April 15, 2009, and April 24, 2009, an annual fleet inspection was performed on respondent by Enforcement Officers William Lark and Freda Culver, duly authorized officers of this Commission. The information contained in this complaint was obtained during said inspection.
4. That respondent, on April 24, 2009, at approximately 9:00 a.m., at 388 Reed Rd., Broomall, Pennsylvania, presented a certain 1962 Bentley, bearing License No. LM21909, Vehicle Identification No. B6LDW, for inspection.
5. That the vehicle described in Paragraph 4 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 4 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
6. That respondent, on April 24, 2009, at approximately 9:30 a.m., at 388 Reed Rd., Broomall, Pennsylvania, presented a certain 1956 Bentley, bearing License No. LM21910, Vehicle Identification No. B339DE, for inspection.
7. That the vehicle described in Paragraph 6 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 6 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
8. That respondent, on April 24, 2009, at approximately 9:55 a.m., at 388 Reed Rd., Broomall, Pennsylvania, presented a certain 1953 Bentley, bearing License No. LM21087, Vehicle Identification No. B3105R, for inspection.
9. That the vehicle described in Paragraph 8 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 8 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
10. That respondent, on April 24, 2009, at approximately 10:20 a.m., at 388 Reed Rd., Broomall, Pennsylvania, presented a certain 1951 Bentley, bearing License No. LM207850, Vehicle Identification No. B284LJ, for inspection.
11. That the vehicle described in Paragraph 10 of this complaint was inspected by Enforcement Officer Lark, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 10 and the following violation was disclosed.
(a) Vehicle beyond eight model years with no approval exemption form onboard the vehicle.
12. That respondent, by operating vehicles older than eight model years without an official approval form for exemption onboard, violated 52 Pa. Code § 29.333(e). The penalty is $250.00 per violation for a total fine of $1,000.00.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Main Line Limousine, Inc., t/a Elegant Limousine Service, the sum of one thousand dollars ($1,000.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.
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, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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 the Bureau will 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: _____ __________
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, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.
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:
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 your 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 a Secretarial Letter imposing a penalty.
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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 10-1103. Filed for public inspection June 11, 2010, 9:00 a.m.]
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