NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[52 Pa.B. 140]
[Saturday, January 1, 2022]Public Meeting held
December 16, 2021Commissioners Present: Gladys Brown Dutrieuille, Chairperson; John F. Coleman, Jr., Vice Chairperson; Ralph V. Yanora
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance; M-2021-3029132
Tentative Order By the Commission:
Pursuant to Section 512 of the Public Utility Code, 66 Pa.C.S. § 512, the Commission is authorized to prescribe appropriate insurance requirements for motor carriers. Section 512 provides, in relevant part:
The commission may, as to motor carriers, prescribe, by regulation or order, such requirements as it may deem necessary for the protection of persons or property of their patrons and the public, including the filing of surety bonds, the carrying of insurance, or the qualifications and conditions under which such carriers may act as self-insurers with respect to such matters. All motor carriers of passengers. . .shall cover each and every vehicle, transporting such passengers, with a public liability insurance policy or a surety bond issued by an insurance carrier, or a bonding company authorized to do business in this Commonwealth, in such amounts as the commission may prescribe. . . .Consistent with this broad statutory charge, the Commission promulgated regulations governing motor carrier insurance requirements. 52 Pa. Code Chapter 32. Those regulations provide, inter alia, that a motor carrier may not operate, and a certificate of public convenience will not be issued or remain in force, until there has been filed with and approved by the Commission a certificate of insurance by an insurer authorized to do business in Pennsylvania for the payment of claims resulting from the operation, maintenance, or use of a motor vehicle in the carrier's authorized service. 52 Pa. Code §§ 32.11, 32.12. The certificate of insurance, commonly known as a Form E, is in a form prescribed and approved by the Commission and provides protection for bodily injury, death, or property damage. 52 Pa. Code § 32.2(a). Additionally, the Commission regulations require that certain carriers maintain evidence of cargo insurance via a certificate of insurance commonly known as a Form H. The Commission's regulations require that evidence of insurance be maintained at all times with the Commission to ensure the protection of the public:
(h) Compliance. Failure to maintain evidence of insurance on file with the Commission in accordance with this chapter shall cause the immediate suspension of the rights and privileges conferred by a certificate of public convenience or permit held by the motor carrier. The Commission may establish rules under which suspended rights and privileges may be temporarily reinstated pending compliance with this chapter.52 Pa. Code § 32.2(h).
The Commission has been notified that the motor carriers listed in Appendix A, attached hereto, no longer have acceptable evidence of insurance on file with the Commission. The Commission sent all carriers a letter notifying them that their operating authority was suspended. Since the date of the suspensions, these motor carriers have failed to maintain acceptable evidence of insurance, notwithstanding notification by the Commission of the suspension and the necessity to provide acceptable evidence of insurance.
Under these circumstances, we tentatively conclude that the motor carriers listed in Appendix A are not in compliance with the insurance requirements of 66 Pa.C.S. § 512 and our regulations at 52 Pa. Code Chapter 32. As such, it is appropriate to initiate the process to cancel their certificates of public convenience as being in the public interest; Therefore,
It Is Ordered That:
1. Cancellation of the Certificates of Public Convenience of each motor carrier listed in Appendix A is hereby tentatively approved as being in the public interest.
2. The Secretary's Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
3. The Secretary shall serve a copy of this Tentative Order upon all motor carriers listed in Appendix A.
4. The Secretary shall file this Tentative Order at each motor carrier's assigned docket number.
5. To the extent that any of the motor carriers listed on Appendix A challenge cancellation of their Certificates of Public Convenience, they must file comments within thirty (30) days after publication of this Tentative Order in the Pennsylvania Bulletin. Comments shall be sent to the Pennsylvania Public Utility Commission, Attn: Secretary Rosemary Chiavetta, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Harrisburg, PA 17120.
6. Alternatively, acceptable evidence of insurance may be filed with the Commission on behalf of the motor carriers listed in Appendix A, within thirty (30) days after publication of this order in the Pennsylvania Bulletin.
Motor carriers listed in Appendix A who desire to continue operations should immediately contact their insurance agents to secure compliance with Commission insurance requirements. It is the motor carrier's responsibility to ensure compliance. Motor carriers can verify their insurance status at our Web Site at https://www.puc.pa.gov/search/utility-authority-search/.
Additionally, motor carriers may call our insurance hotline at (717)-787-1227 for more information.
7. Absent the timely filing of comments challenging the cancellation of the Certificate of Public Convenience or the timely filing of acceptable evidence of insurance, the Bureau of Technical Utility Services shall prepare a Secretarial Letter for issuance by the Secretary's Bureau canceling the carrier's applicable Certificate of Public Convenience. The Secretarial Letter shall direct the Department of Transportation to suspend the carrier's vehicle registration(s) consistent with 75 Pa.C.S. § 1375.
8. Upon issuance of the Secretarial Letter described in Ordering Paragraph No. 7 above, the applicable Certificate of Public Convenience of each non-compliant carrier shall be cancelled.
9. The Secretary serve a copy of the Secretarial Letter upon the Commission's Bureau of Investigation and Enforcement, Bureau of Technical Utility Services, Bureau of Administration, the Pennsylvania Department of Revenue—Bureau of Corporation Taxes, and the Pennsylvania Department of Transportation.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: December 16, 2021
ORDER ENTERED: December 16, 2021
Appendix A
Carriers without Acceptable Evidence of Insurance
Utility Code Utility Name Suspended Authority Insurance Type
not on file631971 CORRY CAB COMPANY Taxi Liability 640879 WEST END AMBULANCE SERVICE, INC. Paratransit Liability 640912 GRIFFITH TRANSPORTATION, INC. GP 16 or Greater and Truck Liability 640999 BLACK TOP LIMOUSINE, INC. Limousine Liability 6410374 ROBERT P. HELLER Paratransit Liability 6413389 KEON ENTERPRISES, LLC Paratransit Liability 6419478 GOLD STAR TRANSIT, LLC Paratransit Liability 6420167 COMFORT HEALTHCARE SOLUTIONS, LLC Contract Carrier Liability 6421942 ACUTE CARE MEDICAL TRANSPORT, INC. Paratransit Liability 6422375 JUANA A. VIDAL Paratransit Liability 6422444 DEM TRANSIT, LLC Paratransit Liability 6422617 GBL Enterprises, LLC Limousine Liability 6423234 ZAHIA, LLC Paratransit Liability 700793 JOSEPH P. RILEY & SONS MOVING COMPANY, INC. Truck Liability/Cargo 700806 HERBERT B. SMITH & AGEE COPART Truck Liability/Cargo 701699 TRESSLER, CARME ALLEN Truck Liability 702736 HILDEBRANT, GEORGE W. Truck Liability 704661 PINE DRIVE TRANSPORT, LLC Truck Liability/Cargo 705661 ALLAN CIBOROWSKI Truck Liability 706964 IVAN M. EARL M. & IVAN B. HURST Truck Liability 707854 RITTENBAUGH, INC. Truck Liability 707964 ROBERT H. BURNETT, JR. Truck Liability 708479 MAGEE & MAGEE, INC. Truck Cargo 708592 S & S TRUCKING, INC. Truck Liability 735310 BUD DAVIS TRUCKING, INC. Truck Liability/Cargo 818259 LAUSCH'S MOVING & STORAGE, INC. Household Goods Carrier and Truck Cargo 852520 STUFFO, JOHN P. Truck Liability/Cargo 890449 JACK C. HUSBAND, SR. Truck Liability/Cargo 8910043 BEDFORD VALLEY PETROLEUM CORPORATION Truck Liability 8911589 RAELY TRUCKING, INC. Truck Cargo 8912187 JARED W. SWARTZ, T/A JERRY SWARTZ TRUCKING Truck Liability 8912477 CASTELLI DEVELOPMENT CORPORATION, LLC Truck Liability 8912800 STUM HAULING, LLC Truck Liability 8916074 RIVERFRONT MOVING & STORAGE, LLC Household Goods Carrier Liability 8916203 HOWELLS HAULING, LLC Truck Liability 8916358 PINE CREEK LOGISTICS, LLC Truck Liability 8916649 BMB CONSTRUCTION SERVICES, INC. Truck Liability 8916668 MICHAEL'S MOVING AND STORAGE, INC. Household Goods Carrier Cargo 891686 VJ TRUCKING CORP. Truck Liability/Cargo 8916920 BLACK MAGIC TRUCKING, LLC Truck Liability 8916948 E&M MCKERNAN HOTSHOTZ, LLC Truck Liability/Cargo 8917207 MAX HAULING, LLC Truck Liability 8917538 CURVIN HUBER Truck Liability/Cargo 8918058 FREEMAN TRUCKING, LLC Truck Cargo 8918198 MICHAEL R. JESTER Truck Liability/Cargo 8918351 CHAZZ TRANSPORT, LLC Truck Liability/Cargo 8918827 JEREMY DAVIS Truck Liability/Cargo 8919513 TCB EXPRESS CORPORATION Truck Liability/Cargo 8920226 SMS HAULING, LLC Truck Liability/Cargo 8920318 SHIPPENSBURG HAULING & EXCAVATION, LLC Truck Cargo 8920650 LGH TRANSPORT, LLC Truck Cargo 8920855 FRANK DANA HUDAK, JR. Truck Liability 8921108 P & R FREIGHT, INC. Truck Liability/Cargo 8921187 NIC DIT TRUCKING & TRANSPORT, INC. Truck Cargo 8921348 MICHAEL ROBERT COLLETTE Truck Cargo 8921500 ALLENTOWN BETHLEHEM, LLC Truck Cargo 8921604 TODD R. SWOOPE TRUCKING, INC. Truck Liability 8922242 KERSCHNER TRUCKING, LLC Truck Liability/Cargo 8922254 WEALTHSTONE INVESTMENTS, LLC Truck Liability 8922370 JACK S. AUMILLER Truck Liability 8922441 WAGNER BROTHERS TRANSPORT, LLC Truck Cargo 8922443 LANCE JUN DOLAND Truck Liability 8922523 VAN WYK TRUCKING, LLC Truck Liability/Cargo 8922602 SUNSHINE BEST TRANSPORTATION, LLC Truck Liability/Cargo 8922687 LUCAS AUTO TRANSPORT, INC. Truck Liability/Cargo 8922732 JERRY CARL CLOSE, III Truck Cargo 8922747 PHILIP MICHAEL MILLER Truck Liability/Cargo 8922765 GBB LOGISTICS, LLC Truck Liability/Cargo 8922785 CAPELA TRANSPORT, INC. Truck Liability 8922850 BERGERS MOVING & STORAGE, INC. Truck Liability/Cargo 8922880 MICHAEL RHOADS Truck Liability 8922913 SOUTHSIDE SERVICE, LLC Truck Cargo 8922921 FREDERICK N. CORRADO Truck Liability 8923319 C. MILLER TRANSPORT, LLC Truck Liability/Cargo 8923371 ALVIN ROSENBERGER Truck Liability/Cargo 8923377 OCTORARO TRANSPORT, LLC Truck Liability/Cargo 8923516 ANTHONY BRENNER Truck Liability 8923589 LUKE ANGUS GARVERICK Truck Liability 8923620 LVAZ EXPRESS, LLC Truck Liability/Cargo 8923719 SCALES TRANSPORT, LLC Truck Liability/Cargo 8923727 WADE 84, LLC Truck Liability/Cargo 8923739 W. D. K. TRANSPORT, LLC Truck Liability/Cargo 8923808 COLTON MARTIN Truck Liability 8923992 AL SAI SJI TRANSPORT COMPANY Truck Liability/Cargo 8924121 RAFY CAR, LLC Truck Liability/Cargo 8924161 MVP TRANSPORTATION, LLC Truck Liability/Cargo 8924347 KRE TRUCKING, LLC Truck Liability/Cargo 899667 ALWAYS MOVING, LLC Household Goods Carrier Cargo
[Pa.B. Doc. No. 22-39. Filed for public inspection December 30, 2021, 9:00 a.m.]
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