NOTICES

Service of Notice of Motor Carrier Applications

[41 Pa.B. 5727]
[Saturday, October 22, 2011]

 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 November 7, 2011. 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.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Sawink, Inc. t/a County Cab Co.; Doc. No. C-2011-2223867; A-00122187

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 Sawink, Inc., t/a County Cab Co., respondent, maintains its principal place of business at 702 MacDade Boulevard, Collingdale, Pennsylvania 19023.

 2. That respondent was issued a certificate of public convenience by this Commission on July 11, 2006, at Docket No. A-00122187.

 3. That respondent, on January 10, 2011, at 10:15 a.m., at 69th and Market Streets, Upper Darby, Delaware County, Pennsylvania, permitted a certain 2004 Ford taxi, bearing Pennsylvania License No. TX46192, Vehicle Identification No. 2FAFP70W34X135814, to be operated.

 4. That the vehicle described in Paragraph 3 of this Complaint was inspected by Enforcement Officer Anthony Bianco, a duly authorized officer of this Commission, on the date and at the place specified in Paragraph 3 and the following violation was disclosed.

 (a) No lease on board.

 5. That respondent, by failing to carry a lease agreement in the leased vehicle, violated 52 Pa. Code § 29.101(b)(2)(i). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty is $50.00.

 6. That respondent, on January 10, 2011, at 11:00 a.m., at 69th and Market Streets, Upper Darby, Delaware County, Pennsylvania, permitted a certain 2005 Ford taxi, bearing Pennsylvania License No. TX45323, Vehicle Identification No. 2FAFP70W75X154254, to be operated.

 7. That the vehicle described in Paragraph 6 of this Complaint was inspected by Enforcement Officer Anthony Bianco, 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) No lease on board.

 8. That respondent, by failing to carry a lease agreement in the leased vehicle, violated 52 Pa. Code § 29.101(b)(2)(i). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory staff's proposed civil penalty is $50.00 for each vehicle for a total of $100.00.

 Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Sawink, Inc., t/a County Cab Co., the sum of one hundred dollars ($100.00) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,
 
Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, Michael E. Hoffman, Director 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 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: ____ _________________

Michael E. Hoffman, Director
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:

    Rosemary Chiavetta, 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.

 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
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 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. 11-1809. Filed for public inspection October 21, 2011, 9:00 a.m.]

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