NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[52 Pa.B. 1437]
[Saturday, March 5, 2022]

 Formal complaints have been issued by the Pennsylvania Public Utility Commission. Answers must be filed in accordance with 52 Pa. Code (relating to public utilities). Answers are due March 21, 2022, and must be made with the Secretary, Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.

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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. AAA Cab Company, t/a Pottstown Cab Co., t/a Phoenixville Cab Co.; Doc. No. C-2022-3025901

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 Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement Staff hereby represents as follows:

 1. That AAA Cab Company, t/a Pottstown Cab Co., t/a Phoenixville Cab Co., Respondent, maintains its principal place of business at 2120 Buchert Road, Pottstown, PA 19464.

 2. That Respondent was issued a certificate of public convenience authorizing transportation of passengers by this Commission on April 21, 2004, at Pa. PUC utility code 632401.

 3. That on October 7, 2021, Motor Carrier Enforcement Officer Reynaldo Pierluisse contacted AAA Cab Company and arranged a trip from the Philadelphia Premium Outlets in Limerick, Montgomery County, PA to Royersford, Montgomery County, PA. A flat rate of $25.00 dollars was quoted for the trip. At 12:00 pm the driver, owner Talat Elbahwati arrived at the agreed upon location.

 4. That Officer Pierluisse performed an inspection on the vehicle Respondent was operating, a white Nissanbearing Pennsylvania license No. KTP6878 and Vehicle Identification No. 1N4AL3AP2FN879804, which was registered to Respondent. The following violations were found:

 (a) The inspection sticker had expired September, 2021.

 (b) The certificate of public convenience number was not displayed on the vehicle.

 (c) The taxicab number was not displayed on the vehicle.

 (d) The vehicle was not equipped with a meter.

 (e) A dome light was not affixed to the vehicle.

 (f) There was no consumer information complaint decal on the side rear window as required.

 (g) The driver had no trip sheet.

 (h) The driver had no fare receipts.

 (i) The rates of fare were not posted in the vehicle.

 5. That Respondent permitted three (3) employees to transport passengers without first obtaining and reviewing a criminal history report.

 6. That Respondent permitted three (3) employees to transport passengers without first obtaining and reviewing a driver history report.

 7. That Respondent by failing to display a current inspection sticker, violated 52 Pa. Code § 29.405. The penalty for this violation is $250.00.

 8. That Respondent by failing to display the number of the certificate of public convenience, violated 52 Pa. Code § 29.71(a). The penalty for this violation is $50.00.

 9. That Respondent by failing to display the number of the taxicab, violated 52 Pa. Code § 29.71(c). The penalty for this violation is $50.00.

 10. That Respondent, by permitting a vehicle to be operated that was not equipped with a meter violated 52 Pa. Code § 29.314(b)(1). The penalty for this violation is $1,000.00.

 11. That Respondent, by permitting a vehicle to be operated that did not have a dome light affixed to roof, violated 52 Pa. Code § 29.314(d). The penalty for this violation is $250.00.

 12. That Respondent, by failing to post the Commission-issued complaint decal, violated 52 Pa. Code § 29.318. The penalty is $50.00.

 13. That Respondent, by failing to require the driver to maintain a trip sheet, violated 52 Pa. Code § 29.335. The penalty is $50.00.

 14. That Respondent, by failing to maintain fare receipts, violated 52 Pa. Code § 29.313(f). The penalty is $50.00.

 15. That Respondent, by failing to post the rates of fare in the vehicle, violated 52 Pa. Code § 29.316(a)(1)(i). The penalty is $50.00.

 16. That Respondent, by permitting persons to provide transport services before obtaining and reviewing a crimi-nal history report, violated 52 Pa. Code § 29.505(b)(1). The penalty for this violation is $250.00 per violation. The total fine is $750.00.

 17. That Respondent, by permitting persons to provide transport services before obtaining and reviewing a driver history report, violated 52 Pa. Code § 29.504(b)(1). The penalty for this violation is $100.00 per violation. The total fine is $300.00.

 Wherefore, the Bureau of Investigation and Enforcement Staff hereby requests that the Commission fine Respondent, AAA Cab Company, t/a Pottstown Cab Co., t/a Phoenixville Cab Co., the sum of two thousand, eight hundred and fifty dollars ($2,850.00) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,
Andrew Turriziani, Chief
Bureau of Investigation and Enforcement
Motor Carrier Enforcement Division
400 North Street
Harrisburg, PA 17120

VERIFICATION

 I, Andrew Turriziani, 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: January 28, 2022

Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and En-
 forcement

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 shall be mailed to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120

 Or you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

    Michael L. Swindler, Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
400 North Street
Harrisburg, PA 17120

 Or, e-mailed to Mr. Swindler at: RA-PCCmplntResp@pa.gov

 B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 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
400 North Street
Harrisburg, PA 17120

 D. 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.

 E. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.

 F. 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.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 22-364. Filed for public inspection March 4, 2022, 9:00 a.m.]

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