NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[52 Pa.B. 3744]
[Saturday, July 2, 2022]Public Meeting held
June 16, 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-2022-3032626
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 any motor carrier listed in Appendix A challenges cancellation of the Certificates of Public Convenience, the motor carrier 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: JUNE 16, 2022
ORDER ENTERED: JUNE 16, 2022
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility
CodeUtility Name Suspended Authorities Insurance Type
Not on File6316085 AMBULANCE EXPRESS, INC. Paratransit Liability 637222 TRANSLINE LIMOUSINE SERVICE, INC. Airport Transfer, Limousine Liability 6410077 ENTERPRISE LIMOUSINE, INC. Limousine Liability 641205 GENNY LIMOUSINE, INC. Limousine Liability 6414437 DAVID F. WEAVER Paratransit Liability 6415386 MAYTAV BUS COMPANY Group and Party 28 or Greater Liability 6415801 FIRST CLASS TRANSPORTATION, INC. Paratransit, Taxi Liability 6416547 ROBERT'S LIMOUSINE, LLC Airport Transfer Liability 6416671 SPECIAL EVENT EMS, INC. Paratransit Liability 6417187 SHERRY M. VERBEECK Paratransit Liability 6417189 NEW VALLEY TRANSPORTATIONS, LLC Group and Party 16 or Greater, Limousine Liability 6419125 LEON L. AND LINDA J. FULLER Paratransit Liability 6419224 GRAYLING LM, LLC Limousine Liability 6420954 PA LIMO COMPANY Limousine, GP11—15, GP16+ Liability 6421317 ROYAL MEDICAL SERVICES, LLC Paratransit Liability 6421394 TERRY W. SCHMIDT Paratransit Liability 6421839 PLEASANT TRANSPORT, LLC Paratransit Liability 6422340 BLACKHAWK SERVICE, LLC Paratransit Liability 6422814 WILKE-BARRE TRANSPORTATION, LLC Paratransit Liability 6422900 EROLA R. GRISHAM ENTERPRISE, LLC Group and Party 16 or Greater Liability 6423234 ZAHIA, LLC Paratransit Liability 6423529 CHARLES C. ZOOK Paratransit Liability 701134 JET MESSENGER, INC. Truck Liability 701193 TOM RITCHEY TRANSPORT, INC. Truck Liability 701834 STUMP, EDWARD C., JR. AND LINDA K. Truck Liability and Cargo 702903 NOW MESSENGER, INC. Truck Cargo 704181 CME TRUCKING, INC. Truck Liability and Cargo 704712 MERRING, FREDERICK E. Truck Liability 704749 A.P.C. TRANSIT, INC. Truck Liability and Cargo 706541 MARK EMERY Truck Liability 706556 ELIZABETH EQUIPMENT SERVS, INC. Truck Cargo 706573 JOHN GORDON JESSO Truck Liability and Cargo 706684 II OMEGA CORPORATION Truck Liability and Cargo 707746 KFG TRUCKING, LLC Truck Liability 708289 MULHERNS MOVING, INC. Household Goods Carrier, Truck Cargo 708334 ANNADELE TRANSPORT, LLC Truck Liability and Cargo 708379 WILLIAMS, TED S. Truck Liability and Cargo 708816 BILL WILLIAMS Truck Liability 806320 MILLER BROS TRUCKING, INC. Truck Liability 824260 M. POLLON, INC. Truck Liability 8910702 GARY L. TEMPLIN, JR. EXCAVATING & TRUCKING, LLC Truck Cargo 8911069 STANLEY FIMOWICZ Truck Liability 8911178 Z. A. KEITH HORSE TRANSPORT, LLC Truck Liability 8912586 RICHARD M. THORNTON Truck Liability 8914320 CHAD TUTTLE Truck Cargo 8914542 DAVID A. GUBALA Truck Liability and Cargo 8914620 JOHN BARRETT Truck Liability 8915402 JOSE F. JOSE Truck Liability and Cargo 8915520 TRANS AM, LLC Truck Liability and Cargo 8916212 CACHORRO TRANSPORT, LLC Truck Cargo 8916389 IRONCLAD LOGISTICS, LLC Truck Liability 8916462 WEAKLAND WRECKERS, LLC Truck Cargo 8916920 BLACK MAGIC TRUCKING, LLC Truck Liability 8917079 DAVID J. KEPHART Truck Liability 891741 WILLIS TRUCKING COMPANY Truck Liability and Cargo 8917434 G & Y TRANSPORTATION, LLC Truck Cargo 8917601 SIDNEY SMITH Truck Liability and Cargo 8918212 KYLE T. BAUMANN Truck Liability and Cargo 8918668 PAUL J. FISHER Truck Liability and Cargo 8918755 INDUSTRIAL TRUCKING, LLC Truck Liability and Cargo 8919864 HYDRO HAULING OPERATIONS, LP Truck Liability 8920319 DCB DELIVERIES, LLC Truck Liability and Cargo 8920380 DUKE TRUCKING, LLC Truck Liability and Cargo 8920560 LUKWARO & COMPANY INCORPORATED Truck Liability and Cargo 8920734 THOMAS JAY EMERY Truck Liability 8920825 DIAMOND VALLEY TRANSPORT, LLC Truck Cargo 8920901 ESK TRUCKING INCORPORATED Truck Liability 8920905 LB TRANSPORTATION, LLC Truck Liability and Cargo 8921003 FREED TRANSPORT, LLC Truck Cargo 8921762 JJS TRANSPORTATION & DISTRIBUTION CO., INC. Truck Liability 8921786 KENNETH PEACE Truck Liability 8921987 ANDERSON PLUMBING & EXCAVATING, LLC Truck Cargo 8922260 BOWES TRUCKING, INC. Truck Liability 8922337 BUJDOS ONE TRUCKING, LLC Truck Liability and Cargo 8922614 DULLS TOWING, LLC Truck Liability and Cargo 8922815 BRAVOS TRUCKING, LLC Truck Liability and Cargo 8922828 NIGHT OWL XPRESS, LLC Truck Liability 8922907 PREMIUM AUTO CARRIERS, LLC Truck Liability and Cargo 8923070 MISH LOGISTICS, LLC Truck Cargo 8923121 DYLAN BEECHER SCHROCK Truck Cargo 8923323 A & D TRUCKING EXPRESS, LLC Truck Cargo 8923467 EDWIN PAUL SHAFFER, JR. Truck Liability and Cargo 8923469 WALTER FRANCIS BETTER CONNECTIONS, LLC Truck Liability and Cargo 8923569 PEREZ SERVICES EXPRESS, LLC Truck Liability and Cargo 8923748 BLACK MOUNTAIN ENTERPRISES, LLC Truck Cargo 8923762 PANTUSA TOWING PHILADELPHIA, LLC Truck Cargo 8923790 JTB TRANSPORTATION, LLC Truck Cargo 8923800 RKD TRUCKING, LLC Truck Liability and Cargo 8923813 J & S FREI LOGISTICS, INC. Truck Liability and Cargo 8923875 M. MICHOLAS TRUCKING, LLC Truck Liability and Cargo 8923965 VICS TOWING, LLC Truck Liability and Cargo 8924088 LANDSMAN LOGISTICS, LLC Truck Liability and Cargo 8924271 NEW LIFE CONTRACTING SOLUTIONS, LLC Truck Liability and Cargo 8924283 MARCO T., LLC Truck Liability and Cargo 8924330 INCREDIBLE HAWK TRUCKING, LTD Truck Liability and Cargo 8924450 Y AND W, LLC Truck Liability and Cargo 8924472 KIDD RAUDABAUGH ENTERPRISES, LLC Truck Liability and Cargo 8924503 LYRIC TRANSPORTERS, INC. Truck Liability and Cargo 8924549 LETS ROLL LOGISTICS, LLC Truck Liability and Cargo 8924593 WHITSELS TRUCKING, LLC Truck Liability and Cargo 8924696 LIGHTSPEED TRANSPORTATION, INC. Truck Liability and Cargo 8924763 HD MOBILE AUTO, LLC Truck Liability and Cargo 8924853 AVENUE AUTO TRANSPORT, LLC Truck Liability and Cargo 8924911 MEE TRUCKING, LLC Truck Cargo 899619 PROLINE PIPELINE, INC. Truck Liability
[Pa.B. Doc. No. 22-990. Filed for public inspection July 1, 2022, 9:00 a.m.]
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