NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[54 Pa.B. 2607]
[Saturday, May 11, 2024]Public Meeting held
April 25, 2024Commissioners Present: Stephen M. DeFrank, Chairperson; Kimberly Barrow, 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-2024-3047909
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. Cancelation 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 cancelation 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 cancelation 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: April 25, 2024
ORDER ENTERED: April 25, 2024
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility
CodeUtility Name Suspended Authorities Insurance Type
Not on file6222724 DEPENDABLE PEOPLE TRANSPORTATION, LLC Contract Carrier Liability 631091 BUCKS COUNTY SERVICES, INC. Taxi Liability 6315888 CANYON COUNTRY CABS, LLC Taxi, Airport Transfer, Paratransit, GP11—15 Liability 6318074 GO GREEN TAXI, LLC Taxi Liability 6325421 KIDCABOO, LLC TNC Liability 6415028 CARRIED AWAY RECREATION, LLC Paratransit Liability 641702 FORNET ENTERPRISES, INC. Limousine Liability 6417033 KNOX TRANSPORTATION, LLC Paratransit Liability 6419104 WALTER G. PERSING Paratransit Liability 6419357 TAJOMA, INC. Airport Transfer Liability 6421186 S&S MEDICAL TRANSPORT, LLC Paratransit Liability 6422200 BUJAR VRANICI Airport Transfer, Limousine Liability 6422809 1ST CLASS TRANSPORT SERVICE, LLC Paratransit Liability 6423179 EMERGENCY MEDICAL TRANSPORT SOLUTIONS, LLC Paratransit Liability 6423236 EDMACY COMMUNITY TRANSPORTATION, LLC Paratransit Liability 6425004 PENNY M. FOGLEMAN Paratransit Liability 6425519 SAFE ZONE, LLC Paratransit Liability 6425667 SNOW WHITE TOURS AND TRAVEL, LLC GP16+ Liability 6425968 W. E. TRANSPORTATION SERVICES, LLC Paratransit Liability 6426258 LAUREN DAVID ENTERPRISES, LLC Airport Transfer Liability 6426432 JAMES F. GAFFNEY Airport Transfer Liability 6426544 BONNIE BELL LIMOUSINE SERVICE, LLC GP11—15 Liability 700286 VIP TRUCKING, INC. Truck Liability 702821 A. TOD PITTMAN Truck Liability, Cargo 704559 WOLFF, BARNEY Truck Liability, Cargo 704588 THOMAS S. STEM TRUCKING, INC. Truck Liability, Cargo 705903 JAMES & DEBRA AMENT HHG and Truck Liability 706321 RAMSEYS MOVING SYSTEMS, LLC HHG and Truck Liability, Cargo 706759 MORRIS TRUCKING & EXCAVATING, INC. Truck Liability 707751 PAUL SAYERS Truck Liability, Cargo 707965 RITZ-TRANS CORP. OF PA, INC. Truck Liability 734260 CURRY, JOHN, INC. Truck Liability 781600 KIES, WILLIAM H., JR. HHG and Truck Liability 8911039 LOUIS MARTIN TRUCKING, LLC Truck Liability 8912138 CYCLE TRANSPORT, LLC Truck Liability 8912534 G & G AUTO WRECKING CO, INC. Truck Liability, Cargo 8912852 JOSEPH R. CHAMBERLAIN Truck Liability 8913885 CLASSIC ENTERPRISES OF PENNSYLVANIA, LLC Truck Liability 8914320 CHAD TUTTLE Truck Liability 8914488 ROBERT KUHN, JR. Truck Cargo 8915212 SEAN SCHWARTZ Truck Liability, Cargo 8915772 C. P. LANGTON TRUCKING, LLC Truck Liability 8915799 S&J TRUCKING AND COURIER SERVICE, LLC Truck Cargo 8915849 KEVIN GORDNER TRUCKING, LLC Truck Liability, Cargo 8916244 DONALD ROYCE SMELTZER Truck Liability 8917327 LEHIGH TRUCKING, LLC Truck Liability, Cargo 8917498 COOK & COOK TRANSPORTATION, LLC Truck Liability 8917929 GEORGES TRANSPORT, LLC Truck Liability, Cargo 8917953 C&J WELL SERVICES, INC. Truck Liability 8918272 T. MORAN AND SON TRUCKING, INC. Truck Liability, Cargo 8918467 ZEMAR TRANSPORTS, LLC Truck Cargo 8918680 RONALD E. GOULD Truck Liability, Cargo 8918872 GLENN SCHUYLER Truck Liability 8919940 BRETT A. BISHARD GENERAL EXCAVATING, LLC Truck Liability, Cargo 8919948 REAMS TRUCKING, LLC Truck Liability, Cargo 8920059 DARRELL MCCARRELL Truck Cargo 8920244 CEDAR RIDGE TRANSPORT, LLC Truck Liability, Cargo 8920256 AMERICAN NATURAL SUPPLY, LLC Truck Cargo 8921224 S & J TRUCKING LIMITED LIABILITY COMPANY Truck Cargo 8921366 K. C. TRANSPORTATION, INC. Truck Liability, Cargo 8921425 B & K TRUCKING, LLC Truck Liability, Cargo 8921662 HKR LOGISTICS, LLC Truck Cargo 8921773 HOME DELIVERY TEAM, LLC Truck Cargo 8921807 LAKE ERIE EXPEDITING LIMITED LIABILITY COMPANY Truck Liability, Cargo 8921833 RICHARD L. MCDEAVITT Truck Liability 8921858 KEVIN F. GRANTLAND, INC. Truck Liability, Cargo 8922094 JKLEM TREASURES, LLC Truck Cargo 8922216 STOTTLEMYER TRUCKING COMPANY, LLC Truck Liability 8922442 SKYLINE TRANSPORT FLEET, LLC Truck Cargo 8922449 HOKE'S HILL FARMS LIMITED LIABILITY COMPANY Truck Liability, Cargo 8922915 KYLE BOWLEY Truck Liability, Cargo 8922939 ENDLESS MOUNTAIN SERVICES, LLC Truck Liability, Cargo 8923085 IRON STAG, INC. Truck Liability, Cargo 8923155 MAJ FREIGHTHAULERS, LLC Truck Cargo 8923326 KADEL ENTERPRISES, INC. Truck Liability, Cargo 8923524 FINNEY HAULING SERVICES, LLC Truck Cargo 8923650 NOMAD TRUCKING, LLC Truck Cargo 8923672 ROCK SOLID TRANSPORTATION, INC. Truck Liability, Cargo 8923711 AUMENT ENTERPRISE, LLC Truck Liability, Cargo 8923789 DONALDSON FAMILY TRANSPORTATION, LLC Truck Liability, Cargo 8923826 GREISS HAULING, LLC Truck Liability, Cargo 8923857 NJTEL, INC. Truck Liability, Cargo 8923876 WESLEY WEAVER Truck Liability, Cargo 8923932 D. A. STRINE, LLC Truck Liability, Cargo 8924110 RICHARD SUMMERS Truck Liability, Cargo 8924236 A P T TRUCKING, LLC Truck Liability, Cargo 8924279 IBEMSI GROUP, LLC Truck Liability 8924311 LATHAN TRUCKING, LLC Truck Liability, Cargo 8924360 KINGSIDE LOGISTICS, LLC Truck Liability, Cargo 8924479 K&R HAULING, LLC Truck Liability, Cargo 8924709 GIG TRANSPORT, LLC Truck Liability, Cargo 8924779 L. J. ENTERPRISE, LLC Truck Liability, Cargo 8924931 BOAS TRANSPORT, LLC Truck Liability, Cargo 8924940 HOLIDAY TRANSPORT SERVICES, LLC Truck Liability 8925006 INTEGRITY TRANSPORT SERVICES, LLC Truck Liability, Cargo 8925087 ALMAS EXPRESS, INC. Truck Liability, Cargo 8925231 ALL-TRADE CONSTRUCTION CO., INC. Truck Liability, Cargo 8925247 NORMANDO TRANSPORTATION, LLC Truck Liability, Cargo 8925529 B. SWARTZ TRANSPORT, LLC Truck Liability, Cargo 8925537 DOROTHY MAE TRUCKING, INC. Truck Liability, Cargo 8925592 POUGH AND YOUNG ENTERPRISES, LLC Truck Liability 8925803 EL BALE TRANSPORT, LLC Truck Liability, Cargo 8925814 J. S. PADGETT & SONS, LLC Truck Liability, Cargo 8925819 SECOND CHANCE TRANSPORT, LLC Truck Cargo 8925845 BRAVESTONE CARGO EXPRESS, LLC Truck Liability, Cargo 8925864 CALGRE, LLC Truck Liability, Cargo 8925879 KENNETH M. ZEILER Truck Liability, Cargo 8925897 EXTRAORDINARY CARRIER COMPANY Truck Liability, Cargo 8925906 TOP HAULERS, LLC Truck Liability, Cargo 8925953 J & R TRUCKING, LLC Truck Liability, Cargo 8925984 J. VIGLIOTTI GENERAL CONTRACTORS, INC. Truck Cargo 8925988 R. L. MARTIN, LLC Truck Liability, Cargo 8925995 GARY'S GLOBAL LOGISTICS, LLC Truck Cargo 8926001 STREAMLINE DIRECT, LLC Truck Liability, Cargo 8926159 OUTLAW LOGISTICS, LLC Truck Liability, Cargo 8926171 EMPIRE DEVELOPMENT, LLC Truck Liability, Cargo 8926200 G. EHRISMAN TRUCKING, LLC Truck Liability, Cargo 8926200 G. EHRISMAN TRUCKING, LLC Truck Cargo 8926264 BARBA LOGISTICS, LLC Truck Liability, Cargo 8926327 JB'S HEAVY MATERIALS, LLC Truck Liability 8926345 SUPERIOR A1 TRANSPORT CORP. Truck Liability, Cargo 8926371 PICK & ROLL TRANSPORTATION CO., LLC Truck Liability, Cargo 8926372 TRAVIS HARTRANFT Truck Liability, Cargo 8926403 EXPEDITED DELIVERY SERVICES, LLC Truck Liability, Cargo 8926443 ELB TRUCKING, INC. Truck Liability, Cargo 8926695 OSBORNE FAMILY TRUCKING, LLC Truck Liability, Cargo 8926702 SECURE FULFILLMENT, LLC Truck Liability 8926725 SOLANCO TRANSPORT, LLC Truck Liability, Cargo 8926833 ALTEMOSE HAULING, LLC Truck Liability 8926980 STUCK TRANSPORT, LLC Truck Cargo
[Pa.B. Doc. No. 24-668. Filed for public inspection May 10, 2024, 9:00 a.m.] _______
1 52 Pa. Code §§ 32.11—32.16.
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