NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Motor Carrier Formal Complaints
[53 Pa.B. 5263]
[Saturday, August 19, 2023]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 September 19, 2023, 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. Takoukam
Trading, LLC, t/a American Taxi;
Doc. No. C-2023-3041506
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 hereby represents as follows:
1. That Takoukam Trading, LLC, Respondent, maintains its principal place of business at 2907 Green Street, Harrisburg, PA 17110.
1. That Respondent was issued a certificate of public convenience for taxi authority by this Commission on March 17, 2017, at PUC No. 6419354.
2. On May 31, 2023, PUC Motor Carrier Enforcement Supervisor Timothy Troxell conducted a random inspection of a 2012 Chevrolet Traverse, bearing registration number TX49671 with VIN number ending in 2840, operated by Issa Boubacar on Cameron Street, Harrisburg, Dauphin County, PA.
3. The following violations were discovered at that time:
a. The air conditioning was not operational at the time of the inspection.
b. The left front tire tread groves had less than 2/32 inch, no measurement (0/32 inch), on two adjacent tread grooves at several locations around the circumference of the tire.
c. Vehicle is 11 model years old at the time of inspection. No markings identifying the vehicle as one that may utilize a 12-model year option.
d. No taxi rates posed inside vehicle relating to rates.
4. That Respondent, by permitting the referenced vehicle to be operated with a without working air conditioning, has violated 52 Pa. Code § 29.403(8). The penalty for this violation is one hundred dollars ($100.00).
5. That Respondent, by permitting the referenced vehicle, to be operated with deficient tire depth, has violated 52 Pa. Code § 29.402(1) 67 Pa. Code § 175.65(a). The penalty for this violation is one hundred dollars ($100.00).
6. That Respondent, by permitting the referenced vehicle, to be operated with an 11-model year vehicle without marking identifying the vehicle as one that may utilize a 12-year model option has violated 52 Pa. Code § 29.314(c). The penalty for this violation is five hundred dollars ($500.00).
7. That Respondent, by permitting the referenced vehicle, to be operated without rates posted on the inside of the vehicle has violated 52 Pa. Code § 29.316(a)(1)(i). The penalty for this violation is fifty dollars ($50.00)
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Takoukam Trading, LLC, t/a American Taxi the sum of seven hundred fifty dollars ($750.00) 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
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
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: 28 June 2023
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 17120Or 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.
Additionally, a copy should either be mailed to:
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120Or, e-mailed to: 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. 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.
D. 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.
E. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
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Pennsylvania Public Utility Commission; Bureau
of Investigation and Enforcement v.
Jerome McCree, Sr.; Doc. No.
C-2023-3037385
COMPLAINT The Pennsylvania Public Utility Commission (Commission or PUC) 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 hereby represents as follows:
1. That Jerome McCree, Sr., Respondent, maintains its principal place of business at 232 Chalfont Street, Pittsburgh, Pennsylvania, 15210.
2. A certificate of public convenience issued by this Commission is required to transport passengers for compensation, in call or demand service, within the Commonwealth of Pennsylvania. Based on a review of the records maintained by the Commission, Jerome McCree, Sr., does not hold a certificate of public convenience.
3. On September 14, 2016, Respondent was issued a warning letter for the transportation of passengers for compensation without authority/certificate. Respondent was also advised that by attaching a yellow roof light with the word ''Available'' on its vehicle it was I violation of 75 Pa.C.S. § 4307 and directed to cease and desist from further violations.
4. On April 28, 2023, PA PUC Enforcement Supervisor James Murray, PUC Enforcement Officer's Christopher Urey, and Andrew Rosenberger were conducting an enforcement detail at the Rivers Casino Pittsburgh during which Officer Rosenberger received a quote for a trip from the casino to the Hofbräuhaus House. Supervisor Murray then approached the driver and identified himself as an PA PUC Enforcement Supervisor and requested the carrier's driver's license and registration, the driver was identified as Jerome McCree.
5. Subsequently, Officer Urey completed a Driver Vehicle Compliance Report (DVCR) on a 2012 Chevrolet Equinox, registration no. JZG5441, registered to Jerome McCree Sr. Supervisor Murray explained to Mr. McCree the requirement for PA PUC authority/certificate and instructed Respondent to cease and desist operating as a call or demand operator.
6. That Respondent, Jerome McCree, Sr., by operating a vehicle for the purpose of transporting passengers for compensation, in call or demand service, within the Commonwealth of Pennsylvania without receiving certificate/authority from the Commission, has violated 66 Pa.C.S. § 1101. The penalty for this violation is $1,000 and possible suspension of the vehicle registration by the Pennsylvania Department of Transportation.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the instant Complaint be Sustained, that the Commission impose a civil penalty upon Jerome McCree, Sr., in the amount of one thousand dollars ($1,000.00) for the violations described in this Complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
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: 30 May 2023
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 17120Or 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.
Additionally, a copy should either be mailed to:
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120Or, e-mailed to: 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, 2nd Floor
Harrisburg, PA 17120D. 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 proceedings 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. 23-1141. Filed for public inspection August 18, 2023, 9:00 a.m.]
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