NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[52 Pa.B. 1847]
[Saturday, March 26, 2022]Public Meeting held
March 10, 2022Commissioners 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-2022-3031036
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 provide 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 should publish a copy of this Tentative Order in the Pennsylvania Bulletin.
3. To the extent they challenge cancellation of the Certificates of Public Convenience, all parties listed in Appendix A, must file comments within thirty (30) days after publication in the Pennsylvania Bulletin. To file comments, you must either eFile them by opening and using an eFiling account through the Commission's website at www.puc.pa.gov. In the alternative, you may file comments by sending them by overnight delivery to the Pennsylvania Public Utility Commission, Attn: Secretary Rosemary Chiavetta, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Harrisburg, PA 17120. Retain the tracking information as proof of submission. Filings made by fax or email are not acceptable and will be rejected.
4. 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.
5. 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.
6. Upon issuance of the Secretarial Letter described in Ordering Paragraph No. 5 above, the applicable Certificate of Public Convenience of each non-compliant carrier shall be cancelled.
7. 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: March 10, 2022
ORDER ENTERED: March 10, 2022
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility Code Utility Name Suspended Authorities Insurance Type
Not on File6222945 PRECIOUS CARGO TRANSPORTATION, LLC Paratransit Liability 631028 CLARION COUNTY TAXI, INC. Taxi and Truck Liability 631838 GREENS TAXI, INC. GP 11-15 and Taxi Liability 6410546 DAPHNE A. VANNOY & HAROLD E. VANNOY, JR., HUSBAND & WIFE Paratransit Liability 6417773 REGIONAL MEDICAL TRANSPORTATION, INC. Paratransit Liability 6421747 HERE 4U TRANSPORT, LLC Paratransit Liability 6422101 B. A. GROFF, LLC Paratransit Liability 6422320 TOP HAT LUXURY SERVICE, LLC Paratransit Liability 6422639 HERNANDEZ TRANSPORTATION, LLC Paratransit Liability 6422875 FIRMINC TRANSIT, LLC Paratransit Liability 6422946 MDT—AIRPORT TRANSFER, LLC Airport Transfer Liability 6423094 EASTERN REGIONAL EMERGENCY MEDICAL SERVICES, LLC Paratransit Liability 6423234 ZAHIA, LLC Paratransit Liability 6423493 LOVE AND CARE TRANSPORTATION, LLC Paratransit Liability 6423972 B2B INTERNATIONAL, LLC Limousine Liability 6424573 FORTUNE BUS TRANS, LLC Group and Party 16 or Greater Liability 648015 WERNER BUS LINES, INC. Group and Party 16 or Greater Liability 700911 U.S. BULK TRANSPORT, INC. Truck Cargo 700989 J. F. ENERGY CORPORATION, INC. Truck Liability 701503 CARBON EXPRESS, INC. Truck Cargo 702840 KERSHNER TRUCKING, INC. Truck Liability and Cargo 702883 DANIEL G. KEHOE Truck Liability 704181 CME TRUCKING, INC. Truck Liability and Cargo 705574 DANIEL CLARK Truck Liability and Cargo 705745 PENNSYLVANIA DELIVERY SERVICES, INC. Truck Liability and Cargo 705981 STRINE, D.E., TRUCKING, INC. Truck Liability 706039 HINKLE TRANSPORT, INC. Truck Liability and Cargo 706452 DENNIS H. TAYLOR Truck Liability and Cargo 706564 DB HAULING, LLC Truck Liability and Cargo 707759 DUTCH TRANSPORT, LLC Truck Liability 707804 MILLER, JOSEPH D. Truck Liability 707817 CDS LOGISTICS MANAGEMENT, INC. Truck Cargo 707989 YOURWAY TRANSPORT, INC. Truck Liability and Cargo 708179 JAMES MAHON MOVING & TRUCKING, INC. Household Goods Carrier Liability 708514 DANIEL P. ECK Truck Liability 726010 CENTRAL PA TRANSPORTATION, INC. Truck Liability and Cargo 802120 W. C. MCQUAIDE, INC. Truck Liability 819130 PELTON TRUCKING COMPANY, INC. Truck Liability 819880 PERCHAK TRUCKING, INC. Truck Liability 847270 SMP, INC. Truck Liability and Cargo 861330 RICHARD T. WAGNER TRKG CO., INC. Truck Liability and Cargo 8913738 KEVIN & MICHAEL YOST CO-PARTNERS, t/a YOST EXCAVATING & HAULING Truck Cargo 8913871 RAYMOND M. RENSHAW, JR. Truck Liability and Cargo 8913927 J & R FREIGHT, INC. Truck Liability and Cargo 8913992 ERIC M. BARTO Truck Liability 8914009 MACK ZIMMERMAN TRUCKING, LLC Truck Liability 8914717 K. B. SNOWPLOWING AND EXCAVATING, LLC Truck Liability 8915205 KEEP IT MOVING, LLC Household Goods Carrier Cargo 8915709 WRIGHT'S TRUCKING, INC. Truck Liability 8916146 A & Y VALLEY TRANSPORT, LLC Truck Liability 8916623 JOHN ZELEZNIK Truck Liability and Cargo 8917327 LEHIGH TRUCKING, LLC Truck Liability and Cargo 8918345 WEAVER PRECAST, INC. Truck Liability and Cargo 8919221 DEVIN YUSEF LATIMORE Household Goods Carrier Liability 8919237 MAVERICK RIGGING & HEAVY HAULING, LLC Truck Cargo 8919316 MINICH TRUCKING, LLC Truck Liability and Cargo 8919343 SIAN SERVICES, INC. Truck Cargo 8919479 DLM TRUCKING, INC. Truck Liability and Cargo 8919693 STACY WHITE Truck Liability and Cargo 8920256 AMERICAN NATURAL SUPPLY, LLC Truck Liability 8920580 MONICA LAMPKIN Truck Liability and Cargo 8920749 SHAYNE MORROW Truck Liability and Cargo 8920816 GREAT DANE EXPRESS, LLC Truck Cargo 8921034 ANR TRUCKING CORPORATION Truck Liability and Cargo 8921094 M&K LOGISTICS, LLC Truck Cargo 8921264 P&A NEUDER & SONS TRUCKING, LLC Truck Cargo 8921413 DAVID A. WALTERS Truck Liability and Cargo 8921668 M&M TRUCKING OF JP SCOTT, LLC Truck Liability 8921947 WEAVER TRANSIT, INC. Truck Cargo 8921997 CDM SALES, LLC Truck Liability 8922267 JRD TRANSPORT, LLC Truck Liability and Cargo 8922274 CHANGO KENNETH PEARCE Truck Liability and Cargo 8922371 DEAN SAXMAN Truck Liability 8922531 RSMT DELIVERY, LLC Truck Liability and Cargo 8922793 ALLEGHENY COMMUNITY TRANSPORTATION, LLC Truck Liability and Cargo 8922955 W. MILLER & SONS TRUCKING, LLC Truck Liability 8922961 C&H HAULING, LLC Truck Liability and Cargo 8922983 DPC TRUCKING, LLC Truck Liability and Cargo 8923014 JY TRANSPORT, LLC Truck Liability and Cargo 8923108 PEQUEA MOBILE HOME SALVAGE, LLC Truck Cargo 8923524 FINNEY HAULING SERVICES, LLC Truck Liability and Cargo 8923687 ADRIAN HIGH QUALITY TRANSPORT, LLC Truck Liability and Cargo 8923825 CESSNA HAULING AND EXCAVATING, LLC Truck Liability and Cargo 8923848 MOVING THE EARTH, LLC Truck Liability 8923992 AL SAI SJI TRANSPORT COMPANY Truck Liability and Cargo 8924066 AREBA EXPRESS, LLC Truck Cargo 8924071 THAXTON WALKER LOGISTICS, INC. Truck Liability and Cargo 8924167 SPRAGUE ENTERPRISE, LLC Truck Liability and Cargo 8924172 WELLS TRUCKING & LOGISTICS, LLC Truck Liability and Cargo 8924278 PENNS WOODS TRANSPORT, LLC Truck Liability 8924288 BROWN LOGISTICS, LLC Truck Liability and Cargo 8924395 RUBY ENTERPRISE CORPORATION Truck Liability and Cargo 8924526 MAO TRANSPORTATION, LLC Truck Liability and Cargo 8924576 GENERATIONS DAIRY, LLC Truck Liability and Cargo 8924642 MAURICE BOWSER TRANSPORT, LLC Truck Liability and Cargo 8924651 K & T SEAHORSES TRUCKING, LLC Truck Liability and Cargo 8924701 JMP DELIVERY CARGO EXPRESS, LLC Truck Cargo 8924757 DOUBLE ROCKIN R TRANSPORT, LLC Truck Liability and Cargo 899706 ALAN L. PENCE Truck Liability 899994 DONALD STRITE Truck Liability
[Pa.B. Doc. No. 22-475. Filed for public inspection March 25, 2022, 9:00 a.m.]
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