NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[53 Pa.B. 3059]
[Saturday, June 3, 2023]Public Meeting held
May 18, 2023Commissioners Present: Gladys Brown Dutrieuille, Chairperson; Stephen M. DeFrank, Vice Chairperson; Ralph V. Yanora; Kathryn L. Zerfuss; John F. Coleman, Jr.
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance; M-2023-3040348
Tentative Order By the Commission:
Pursuant to Section 512 of the Public Utility Code (Code), 66 Pa.C.S. § 512, the Pennsylvania Public Utility Commission (Commission) is authorized to prescribe appropriate insurance requirements for motor carriers. Section 512 of the Code 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. . .66 Pa.C.S. § 512.
Consistent with this broad statutory charge, the Commission has promulgated regulations governing motor carrier insurance requirements at Chapter 32 of title 52 Pa. Code.1 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. See 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. Further, 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. As such, 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 cure the deficiency and maintain acceptable evidence of insurance with the Commission, 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: May 18, 2023
ORDER ENTERED: May 18, 2023
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility
CodeUtility Name Suspended
AuthoritiesInsurance Type
Not on File6222171 COMFORT RIDES CORPORATION Paratransit Liability 6324739 CROWN TRANSPORTATION, LLC Taxi Liability 6325199 NOMAD RIDESHARE, LLC TNC (Transportation Network Company) Liability 640220 J. J. SERAFIN, INC. Paratransit, Limousine Liability 640585 JAVY ENTERPRISES, INC. Limousine Liability 6412627 SHIRLEY A. RICE Paratransit Liability 6413984 RELIABLE TRANSIT, INC. Paratransit Liability 641412 CLETUS & NANCY RESSLER, LLC Paratransit Liability 641846 BUCKS CAB CO, LLC Limousine Liability 6419037 DONALD HENRY BIGGER, JR. Paratransit Liability 6419420 RABBIT HOLLOW TRANSPORTATION, LLC Paratransit Liability 6419498 NICHOLAS MAHLON HILTON Limousine Liability 6419895 BISCONTI FARMS, INC. GP11—15 Liability 6420386 AMBASSADOR 35 LIMOUSINE, INC. Limousine Liability 6420646 BONNIE LYNN GORDON Paratransit Liability 6420755 ALL THE WAY TRANSPORTATION, LLC Paratransit, Limousine Liability 6421583 LMC LIMOUSINE & TRANSPORTATION SERVICES, INC. Limousine Liability 6421674 JAMES L. GINGERY Paratransit Liability 6422303 SIP AND PLAY TOURS, LLC Paratransit, Airport, GP11—15, GP16+ Liability 6422716 ROYALTY TRANSPORTATION SERVICES, LLC Paratransit Liability 6422853 PRIME TRANSPORT SERVICES, LLC Paratransit Liability 6422946 MDT—AIRPORT TRANSFER, LLC Airport Transfer Liability 6423704 BEELINE TRANSPORTATION, LLC Paratransit Liability 6424688 AMERICAN CHRISTIAN TRANSPORTATION, LLC Paratransit Liability 6425076 GIFT OF HELPS, LLC Paratransit Liability 6425440 US MEDICAL TRANSPORTATION, LLC Paratransit Liability 6425533 CHAMPION MARKETING CORP. Paratransit Liability 647995 F & S TRANSPORTATION, INC. GP16+ Liability 700522 JEFFREY T. TEETS Truck Liability/Cargo 703640 E. MARTIN TRUCKING, LLC Truck Liability/Cargo 704152 GARY C. WALK, JR. Household Goods Carrier, Truck Liability 704502 NUSS, INC. Truck Liability 704954 D & S EXPRESS, INC. Truck Liability 706508 ZIEGLER, DANIEL JAMES Truck Cargo only 707739 R.D.S. MOVERS, INC. Household Goods Carrier Cargo only 708239 RONALD S. KEENER GRAIN, LLC Truck Cargo only 708630 WRAY CORNELL Truck Liability/Cargo 791660 LIBERTY TRANSPORTATION, INC. Truck Liability/Cargo 8911115 LAUREL CREEK TRANSPORT, INC. Truck Liability/Cargo 8911303 R.C. MOORE, INC. Truck Cargo only 8913367 VALLEY MANUFACTURED HOME TRANSPORT, LLC Truck Cargo only 8913541 CAMCO MANUFACTURING, INC. Truck Liability/Cargo 8913738 KEVIN & MICHAEL YOST CO-PARTNERS T/A YOST EXCAVATING & HAULING Truck Cargo only 8913740 WILMER R. DREIBELBIS, JR. Truck Liability/Cargo 891405 R.J. O'NEILL TRUCKING, INC. Truck Liability 8915110 ELITE TRUCKING SERVICES, LLC Truck Liability/Cargo 8915222 BLESS CARRIERS, LLC Truck Liability/Cargo 8915646 UMBRIAC TRUCKING, LLC Truck Liability 8915680 BOZ GENERAL HAULING, INC. Truck Liability 8916112 REV HOOPES TRUCKING, LLC Truck Liability/Cargo 8917404 GEREKE TRUCKING, LLC Truck Cargo only 8917458 JDF CONCRETE SERVICES, LLC Truck Liability 8917856 CADE ROX, LLC Truck Liability/Cargo 8917878 FARD ENTERPRISES, LLC Truck Liability/Cargo 8918199 DAVID KACHMARSKI Truck Liability 8918350 VELEZ TRANSPORT, LLC Truck Cargo only 8918707 MR THUNDERS TRANSPORT, LLC Truck Liability/Cargo 8918729 KACEYS MATERIAL HANDLING, LLC Truck Liability/Cargo 8919154 NAT-GAS TRUCKING, INC. Truck Liability 8919264 TEUTONIC TRANSPORTATION, LLC Truck Liability/Cargo 8919310 NICKSON HOME SERVICES, LLC Truck Liability/Cargo 8919618 CHRISTOPHER M. RAY T/A CM & EJ TRANSPORT Truck Liability/Cargo 8919824 BERKS LOGISTICS, LLC Truck Liability/Cargo 8920071 BIERLY TRUCKING & EXCAVATING, LLC Truck Liability 8920074 UPPER ECHELON TRUCKING, LLC Truck Liability/Cargo 8920241 TIGHT LINE SERVICES, LLC Truck Liability 8920251 MOTI LOGISTICS, LLC Truck Liability/Cargo 8920287 METHENY TRUCKING, LLC Truck Liability/Cargo 8920288 MASHA MOBILE MOVING AND STORAGE, LLC Truck Cargo only 8920529 SUPER MOVER BROS, LLC Household Goods Carrier, Truck Liability/Cargo 8920937 AGLER TRUCKING, LLC Truck Liability/Cargo 8921006 RELADYNE TRANSPORTATION, LLC Truck Liability 8921205 NEW HARVEST TRANSPORTATION INCORPORATED Truck Liability 8921489 5 WORLDS SERVICES CORPORATION Truck Cargo only 8921552 RATO, LLC Truck Liability/Cargo 8921821 LOCUST STREET HOLSTEINS, LLC Truck Liability/Cargo 8921969 CMB TRANSPORT LIMITED LIABILITY COMPANY Truck Cargo only 8921994 MAS LEASING, LLC Truck Cargo only 8922442 SKYLINE TRANSPORT FLEET, LLC Truck Cargo only 8922503 JASON MICHAEL SHREK Truck Liability/Cargo 8922694 M&H TRANSPORTATION SOLUTIONS, LLC Truck Liability/Cargo 8922720 MAAD TRUCKING, LLC Truck Liability/Cargo 8922780 SHUNPIKE ENTERPRISE, LLC Truck Liability 8922899 EARTHBORNE SERVICES, LLC Truck Liability/Cargo 8922930 MK TRUCKING, LLC Truck Liability/Cargo 8922955 W. MILLER & SONS TRUCKING, LLC Truck Liability 8923108 PEQUEA MOBILE HOME SALVAGE, LLC Truck Cargo only 8923155 MAJ FREIGHTHAULERS, LLC Truck Liability/Cargo 8923199 OLD PLAINS TRADING CO, LLC Truck Liability/Cargo 8923286 KELLEHER TRUCKING, LLC Truck Liability/Cargo 8923290 S&I TRUCKING, INC. Truck Liability 8923310 PAUL LEVAN Truck Liability/Cargo 8923523 VALLEY RENTAL & SALES, INC. Truck Cargo only 8923600 MCKEAN TRUCKING, LLC Truck Cargo only 8923717 RAK TRUCKING, LLC Truck Liability/Cargo 8923723 FORWARD TRANSPORT CONNECTION, LLC Truck Liability/Cargo 8923745 S X S LOGISTICS, LLC Truck Liability/Cargo 8923765 RAPID ASSET RECOVERY, LLC Truck Liability 8923828 PELTZER TRANSPORT, LLC Truck Liability/Cargo 8923939 EG EXPRESS, LLC Truck Liability/Cargo 8924065 J & J AUTO BODY AND TRUCK REPAIR, INC. Truck Liability/Cargo 8924102 AMERICA I-95, INC. Truck Liability 8924169 CHRISTOPHER R. MAUST Truck Liability/Cargo 8924178 C. FOX TRUCKING, LLC Truck Liability/Cargo 8924243 LNR 5 STAR TRUCKING ENTERPRISE, LLC Truck Liability/Cargo 8924248 MOVERS TO GO, INC. Household Goods Carrier Cargo only 8924346 HASHAMY TRANSPORT, LLC Truck Liability/Cargo 8924369 MEETINGHOUSE MOVERS, LLC Household Goods Carrier Cargo only 8924515 J. COPE TRUCKING, LLC Truck Liability/Cargo 8924659 SHADDAI EXPRESS, LLC Truck Liability/Cargo 8924687 ROUX TRANSPORT, LLC Truck Liability/Cargo 8924797 CROSS ARROWS TRUCKING, LLC Truck Cargo only 8924844 C&J TRANSPORTATION, LLC Truck Cargo only 8924864 RODETIME HAULERS, LLC Truck Liability/Cargo 8924931 BOAS TRANSPORT, LLC Truck Liability/Cargo 8924996 SOLDATI TRANSPORT & LOGISTICS, LLC Truck Liability/Cargo 8925028 NEW BEGINNING'S MOVING & HAULING, LLC Household Goods Carrier Liability 8925034 1680 LOGISTICS, LLC Truck Liability 8925038 DON SHERBINE Truck Liability/Cargo 8925097 T & D MILLER EXPRESS, LLC Truck Liability/Cargo 8925108 BSS TRUCKING, LLC Truck Liability/Cargo 8925118 TGR WAREHOUSING, LLC Truck Liability 8925160 AS HAULING AND TRUCKING, LLC Truck Liability/Cargo 8925171 R. L. TOMS TRANSPORT, LLC Truck Liability/Cargo 8925186 EDTGS LOGISTICS, LLC Truck Liability/Cargo 8925204 EBENEZER FREIGHT, INC. Truck Cargo only 8925221 GMT LOGISTICS, LLC Truck Liability/Cargo 8925333 RWM HOLDINGS, INC. Truck Liability/Cargo 8925382 AGOSTO TRANSPORTATION, LLC Truck Liability/Cargo 8925408 HASSLER TRANSPORT, LLC Truck Liability/Cargo 8925413 PREMIER MOVERS, LLC Truck Cargo only 8925469 MONO-PTAT CARRIERS, LLC Truck Liability/Cargo 8925554 REZK TRUCKING, LLC Truck Liability/Cargo 8925563 MLB TRUCKING, LLC Truck Liability/Cargo 8925590 FM & SON TRANSPORT, LLC Truck Liability/Cargo 8925674 BIG MAN 1 TRANSPORT, LLC Truck Liability/Cargo 8925686 CROGHAN TRUCKING, LLC Truck Liability/Cargo 8925732 TWISTED TRUCKING, LLC Truck Liability/Cargo 8925760 HTP FREIGHT, LLC Truck Liability 8925858 JASON S. DERR Truck Cargo only 8925865 FRAZIER & WALTON TRANSPORTATION, LLC Truck Liability/Cargo 8925921 SNOW DOG TRANSPORTS, LLC Truck Liability/Cargo 8925926 MJOLNIR TRUCKING, LLC Truck Cargo only
[Pa.B. Doc. No. 23-743. Filed for public inspection June 2, 2023, 9:00 a.m.] _______
1 52 Pa. Code §§ 32.11—32.16.
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