NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[54 Pa.B. 586]
[Saturday, February 3, 2024]Public Meeting held
January 18, 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-2024-3045178
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: January 18, 2024
ORDER ENTERED: January 18, 2024
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility
CodeUtility Name Suspended
AuthoritiesInsurance Type
Not on File6221492 KENSINGTON CAPITAL GROUP, LLC Paratransit Liability 6318662 CANYON COUNTRY ELITE TRANSPORTATION SERVICES, INC. GP11—15 Liability 633450 DEMETRIOS J. HERRON Limousine Liability 6410812 R & R TRANSIT, INC. Paratransit Liability 6414067 ROVER COMMUNITY TRANSPORTATION, INC. Paratransit Liability 641429 STAR LIMOUSINE, LLC Limousine Liability 641464 NAZARETH AMBULANCE CORPS Paratransit Liability 641562 CITY LIMO-TAXI, INC. Limousine Liability 641646 TAYLOR, STEPHEN & SONBERGER, JAMES Limousine Liability 6418791 YES LIMOUSINE, LLC Limousine,
GP11—15, GP16+Liability 6420076 G & B's TOUR, LLC GP16+ Liability 6420133 MED CONNECT, INC. Paratransit Liability 6420709 HEARTLAND MEDICAL TRANSPORTATION, INC. Paratransit Liability 6421582 HARVEY VAN SERVICE, LLC Paratransit Liability 6421583 LMC LIMOUSINE & TRANSPORTATION SERVICES, INC. Limousine Liability 6422120 NILE TRANSPORTATION, LLC Paratransit Liability 6422424 LIMOMAN416, LLC Limousine Liability 6422524 BUCKS MEDICAL TRANSPORTATION, INC. Paratransit Liability 6422866 ROGERS TRANSPORTATION, LLC GP16+ Liability 6423078 GOLDEN YEARS TRANSPORTATION, LLC Paratransit Liability 6424915 EXPEDITED RESPONSE TRANSPORTATION COMPANY Paratransit Liability 6425344 TRANSIT-PA, LLC Paratransit Liability 6425667 SNOW WHITE TOURS AND TRAVEL, LLC Group and Party
16 or GreaterLiability 648050 WERTZ MOTOR COACHES, INC. Scheduled Route, GP16+ Liability 700253 LJF, INC. Truck Liability 700911 U.S. BULK TRANSPORT, INC. Truck Liability, Cargo 704614 STEVEN L. KREAMER Truck Liability, Cargo 704758 C & S LAWN AND LANDSCAPE, INC. Truck Cargo 706399 ERNEST D. ROSS, JR. Truck Liability 706851 RONALD LEE CLAAR Truck Cargo 707240 WOODY'S TRANSPORT, LLC Truck Cargo 707286 HAWK TRANSPORT & COURIER SERVICE, LLC Truck Liability 707398 FLEMING AND SON'S TRUCKING, LLC Truck Liability 707642 KEL & KI HOME DELIVERIES, LLC Truck Liability 707737 KLAPEC EXPRESS, INC. Truck Liability, Cargo 707758 WESLEY D. CLAAR Truck Cargo 708868 LARRY E. DIVEN Truck Liability, Cargo 725921 ROBERT B. CELLITTI MOVING & STORAGE, INC. HHG, Truck Liability, Cargo 827140 RAPID TRANSIT, CO. Truck Liability, Cargo 837600 SAUERS, WARREN C., CO., INC. Truck Liability, Cargo 839970 ROBERT P. SCOTT PROFESSIONAL MOVING VAN SERVICE CO., INC. Truck Liability 840690 DANIEL SENSENIG Truck Liability 8910977 UNION PETROLEUM COMPANY Truck Liability, Cargo 8911301 FEATHER BROS TRANSPORT, LLC Truck Cargo 8911412 BARTHEL TRUCKING, LLC Truck Liability, Cargo 8912534 G & G AUTO WRECKING CO., INC. Truck Liability, Cargo 8913147 R N MOYER HAULING, LLC Truck Liability 8914206 MICHAEL L. HITZ Truck Cargo 8915270 HARVEST EXPRESS, INC. Truck Cargo 8916149 NITTANY TRANSPORT, INC. Truck Liability, Cargo 8916184 HR TRUCKING, LLC Truck Cargo 891636 TIPTON TRUCKING, CO. Truck Liability 8916433 MICHAEL J. KAY Truck Liability, Cargo 8916667 WG LOGISTICS, LLC Truck Liability 8916730 BENNER TRUCKING, LLC Truck Cargo 8917047 LEHIGH GORGE TRANSPORT, LLC Truck Liability 8917058 CROSSVALLEY TRANSPORT, LLC Truck Cargo 8917493 TYLER TRANSPORT SOLUTIONS, LLC Truck Liability 8917635 MIZU CONTRACTING, LLC Truck Liability 8917870 QUANDEL INCRETE SYSTEMS, INC. Truck Liability 8917914 PCS BULK TRANSPORT, LLC Truck Liability, Cargo 8918153 JOSE A. MARRERO Truck Liability, Cargo 8918567 CNT TRANSPORT, LLC Truck Liability, Cargo 8918596 J. PHILLIPS EXCAVATING & HAULING, LLC Truck Liability 8918719 LIMITED BREAK, LLC Truck Liability 8918858 RITTER TRANSPORT, LLC Truck Liability, Cargo 8919159 AM TRUCK ENTERPRISES, LLC Truck Liability, Cargo 8919768 NIGHT SHIFT TRUCKING, LLC Truck Liability, Cargo 8920199 ROSANELLI TRUCKING, LLC Truck Liability, Cargo 8920283 PRIORITY MANAGEMENT & ASSOCIATES, INC. Truck Cargo 8920498 LAPP TRANSPORT, LLC Truck Liability 8920705 N. STANLEY PAVING, INC. Truck Liability 8921026 ROCKING SWAN TRANSPORTATION, LLC Truck Liability, Cargo 8921173 BULLDOG TRUCKING, LLC Truck Liability, Cargo 8921323 ROBERT WOOD TRUCKING LIMITED LIABILITY COMPANY Truck Cargo 8921408 BOOM BANG DONE TRUCKING, LLC Truck Liability 8921558 RAZA NATIONAL, INC. Truck Liability, Cargo 8922018 WAYFORTH TRANSPORTATION, LLC Household
Goods CarrierLiability 8922106 BURKHOLDER TRANSPORT, LLC Truck Liability, Cargo 8922186 QUANDEL CONCRETE, INC. Truck Cargo 8922736 MARK T. BOYLE 570, LLC Truck Liability, Cargo 8922759 HAWBAKER FARMS, LLC Truck Liability, Cargo 8922828 NIGHT OWL XPRESS, LLC Truck Liability, Cargo 8922838 GUERS TOPSOIL AND MULCH PRODUCTS, LLC Truck Cargo 8922849 FINE LINE TRANSPORT, LLC Truck Liability, Cargo 8922984 SACRED TRANSPORTATION, LLC Truck Liability, Cargo 8923036 DADS TRANSPORT, LLC Truck Liability, Cargo 8923160 MANIGAULT MOVEMENT, LLC Truck Liability, Cargo 8923177 INTEGRITY1 TRANSPORT, LLC Truck Liability, Cargo 8923345 UNDERDOG TRUCKING, LLC Truck Liability, Cargo 8923414 WEST NESHANNOCK ENTERPRISES, LLC Truck Liability, Cargo 8923498 SALINA TRUCKING, INC. Truck Liability, Cargo 8923548 BRUMFIELD TRUCKING, LLC Truck Cargo 8923568 CLARK BURGESS TRUCKING, LLC Truck Liability, Cargo 8923575 M-K RECYCLING, LLC Truck Liability 8923599 LEITZEL LOGISTICS COMPANY Truck Liability, Cargo 8923779 SAPKOS TRUCKING, LLC Truck Liability, Cargo 8924391 DENNIS RITCHEY Truck Liability, Cargo 8924397 DAVID CUMMINGS Truck Liability 8924409 ADL CONTRACTING, LLC Truck Liability 8924523 LAMPARTER PROPERTIES, LLC Truck Liability, Cargo 8924553 JTL TRANSPORT, LLC Truck Liability, Cargo 8924684 ARTICEXPRESS, INC. Truck Liability, Cargo 8924911 MEE TRUCKING, LLC Truck Liability, Cargo 8925323 JAMES NISSLEY TRUCKING, LLC Truck Liability 8925503 CARDINAL GRACE, LLC Truck Liability, Cargo 8925513 PINKYS HEAVY TRUCK & AUTO REPAIR, INC. Truck Liability, Cargo 8925534 TIMOTHY R. FORKAL Truck Liability, Cargo 8925542 KEIRA'S TRUCKING, LLC Truck Liability, Cargo 8925570 IVAN WENGER Truck Liability, Cargo 8925616 WIN, LLC Truck Cargo 8925658 HALL & SHEPHERD TRUCKING, LLC Truck Liability, Cargo 8925675 J. MILLS TRUCKING, LLC Truck Liability, Cargo 8925719 SCHUMACHER ENTERPRISES, LLC Truck Liability, Cargo 8926004 NORTH COUNTRY UNLIMITED, INC. Truck Liability 8926055 H & K FAMILY TRANSPORT, LLC Truck Liability, Cargo 8926078 PENSAK TRANS & LOGISTICS, LLC Truck Liability, Cargo 8926079 KELLY LOGISTICS, LLC Truck Cargo 8926113 QUICK MOVES ASSEMBLY, LLC Truck Liability, Cargo 8926150 KINGY'S TRUCKING, LLC Truck Liability, Cargo 8926175 ENJ MATERIALS, LLC Truck Liability, Cargo 8926235 KYSA TRUCKING, LLC Truck Liability, Cargo 8926272 MCSHARON LOGISTICS, LLC Truck Liability 8926285 IVOIRE EXPRESS, LLC Truck Liability, Cargo 8926309 PODEX EXPRESS, LLC Truck Liability 8926318 FYT ENTERPRISES, INC. Truck Liability, Cargo 8926353 ALLSTAR NETWORK SERVICES, LLC Truck Liability, Cargo 8926483 LETXIEL LOGISTICS, LLC Truck Liability, Cargo 8926697 MORRELL LOGISTICS, LLC, D/B/A UP & UP TRUCKING Truck Liability, Cargo
[Pa.B. Doc. No. 24-147. Filed for public inspection February 2, 2024, 9:00 a.m.] _______
1 52 Pa. Code §§ 32.11—32.16.
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