NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancelation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[54 Pa.B. 8364]
[Saturday, December 21, 2024]Public Meeting held
December 05, 2024Commissioners Present: Stephen M. DeFrank, Chairperson; Kimberly Barrow, Vice Chairperson; Kathryn L. Zerfuss; John F. Coleman, Jr.; Ralph V. Yanora
Cancelation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance; M-2024-3052060
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: December 05, 2024
ORDER ENTERED: December 5, 2024
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility
CodeUtility Name Service Type Insurance Type 640236 CARS AND LIMOUSINES, INC. Limousine, Airport Transfer Liability 640798 MONARK STUDENT TRANSPORTATION CORPORATION GP16+ Liability 640880 PAUL K. BROWN, INC. GP11—15, GP16+ Liability 6410449 HAINES TRANSPORTATION SERVICES, INC. GP11—15, GP16+, Airport Transfer, Limousine Liability 641045 MARK A. COOPER Limousine Liability 6411671 SUPREME TRANSPORTATION, INC. Limousine Liability 641473 BEARD, BETTY JANE Paratransit Liability 641478 ASTRO LIMOUSINE SERVICE, INC. Limousine Liability 6416573 MEGA TRANSPORTATION SERVICE, LLC Limousine Liability 6418390 ALLSTATE LUXURY CAR SERVICE, LLC Limousine Liability 6419465 D B FISHER SCHOOL STUDENT TRANSPORTATION, INC. GP16+ Liability 6420310 CHPH TRANSPORTATION, LLC Paratransit Liability 6421828 SLS PA, INC. Limousine Liability 6422655 DESIGNATED DRIVER LIMO SERVICE, INC. Paratransit Liability 6422778 HELPING INDIVIDUALS SUCCEED, LLC GP11—15 Liability 6422787 SENIOR CARE CENTERS OF PENNSYLVANIA, INC. Paratransit Liability 6423227 WE CARE TRANSPORTATION SERVICES, LLC Paratransit Liability 6423248 WYNN TRANSIT, LLC Paratransit Liability 6424086 JUNIOR E. STAHL Truck Liability, Cargo 6425352 CLASS A LIMOUSINE, LLC Limousine Liability 6425389 DOMINION COACH, LLC GP16+ Liability 6425523 PHILY LOGISTICS, LLC Paratransit Liability 6425783 TWELVE31 LOGISTICS, LLC Paratransit Liability 6425898 RECOVERY TRANSIT, LLC Paratransit Liability 6425976 FIVE BROTHERS TRANSPORTATION SERVICES, LLC Paratransit Liability 6426096 BETTER CARE TRANSPORTATION, LLC Paratransit Liability 6426249 PRISCILLA S. BEILER Paratransit Liability 6426425 LULU TRANSIT, LLC Paratransit Liability 6426454 HELPING HANDS TRANSPORTATION, LLC Paratransit Liability 6426467 LOTUS 412, LLC Limousine Liability 6426627 ACCORD COMMUNITY CARE SERVICES, LLC Paratransit Liability 6426636 SWIFT TRANSIT, INC. Limousine Liability 6426659 JAMES MARABLE Paratransit Liability 647770 ASV, LTD. Limousine, Airport Transfer Liability 700527 BALDO, DAVID RICHARD HHG, Truck Cargo 700841 DELIVERY TODAY, INC. HHG, Truck Liability 702655 DRC EXPEDITING, INC. Truck Cargo 703209 DONALD A. BENSON Truck Liability, Cargo 703716 MICHAEL P. BARNES Truck Liability 703844 IVAN K. KULP Paratransit Liability 704167 RUGGIERO BROTHERS, INC. Truck Liability, Cargo 704206 UPDEGRAFF, MARK E. TRUCKING, INC. Truck Liability, Cargo 704285 PICKEL'S GENERAL HAULING, LLC Truck Liability 705093 BURKE, LEO A. Truck Liability, Cargo 705636 ROY STRUBLE TRUCKING, INC. Truck Cargo 705984 J.R. TUNSTALL TRUCKING, LLC Truck Liability 706041 JEFFREY C. WEAKLAND Truck Liability 706236 A-TECH LOGISTICS, INC. Truck Liability 707701 RONCHER, ARTHUR C. Truck Cargo 707954 RANDY & DENISE TRUCKING, LLC Truck Liability, Cargo 708273 K B K TRUCKING, INC. Truck Liability 708276 BO-BACH'S TRANSPORT, INC. Truck Liability, Cargo 708741 SAMUEL DEAN SAYLOR Truck Cargo 708945 TIMOTHY D. KEPPLE Truck Liability 746620 FARRUGGIO'S BRISTOL & PHILADELPHIA AUTO EXPRESS, INC. Airport Transfer, HHG, Truck Liability, Cargo 775840 J & D'S, INC. Paratransit, Truck Liability 798130 MASTROCOLA TRUCKING, INC. Truck Liability 8910914 HOWICK MOTORS, INC. Truck Liability, Cargo 8911073 FENIELLO ENTERPRISES, LLC Truck Liability, Cargo 8911166 HAZLETON SCRAP RECYCLING, INC. Truck Liability 8911544 ROBERT A. SOSNICK Truck Liability, Cargo 8911548 STEPHEN J. MARTIN Truck Liability 8911585 CRYSTAL TRUCK-N, INC. Truck Liability 8911939 GERALD P. MAYHUGH, T/A MAYHUGH TRUCKING Truck Liability 8912416 RB FARMS, INC. Truck Cargo 8913054 CHRIS GREER Truck Liability 8913784 ORNER & SONS TRUCKING, INC. Truck Liability 8914194 MARK A. HENRY Truck Liability, Cargo 8914293 D L KING TRANSPORT, LLC Truck Liability, Cargo 8914704 JOHN BLUMFIELD Truck Liability 8915402 JOSE F. JOSE Truck Liability, Cargo 8916158 PROFESSIONAL KARRIERS, LLC, T/A PAUL AND SHIRLEYS SHIPPING Truck Liability, Cargo 8916668 MICHAEL'S MOVING AND STORAGE, INC. HHG Cargo 8916990 BIGTRUCKS L&T, LLP Truck Liability 8917124 CLINT GALLAGHER Truck Cargo 8917163 W J SCOTT, LLC Truck Liability, Cargo 8917188 PAVEMENT MAINTENANCE GROUP, LLC Truck Liability 8917631 DUSTIN EDWARD WELLS Truck Liability, Cargo 8917634 JWS CONTRACTING, INC. Truck Liability, Cargo 8917692 LAUREL RUN TRUCKING, INC. Truck Liability, Cargo 8917757 TERRY RAYMOND ROSS Truck Cargo 8918162 BRINTON TRANSPORT, LLC Truck Liability, Cargo 8918300 AJJT ENTERPRISES, LLC Truck Liability, Cargo 8918745 S & B TRUCKING, LLC Truck Liability 8918846 YODER LOGISTICS, LLC Truck Liability, Cargo 8918898 J T WILKOE TRANSPORT, LLC Truck Liability, Cargo 8919873 NRD TRUCKING, INC. Truck Liability 8920006 TRIPLE B TRUCKING, LLC Truck Liability 8920019 CAALD HAULING, INC. Truck Liability, Cargo 8920048 DAVID TUTTLE Truck Liability, Cargo 8920112 THE MOVING FIRM, LLC HHG, Truck Cargo 8920342 PHILLIPS AUTOMOTIVE TRANSPORT, LLC Truck Liability, Cargo 8920516 SEVERINO EXPRESS, LLC Truck Liability, Cargo 8920535 DAVID W. BARNHART Truck Cargo 8920753 HIGHWAY STAR LOGISTICS, LLC Truck Liability, Cargo 8920828 CLINTON EDWARD SCHIMP Truck Liability, Cargo 8921133 R COCHRAN TRANSPORT, LLC Truck Liability, Cargo 8921191 ON THE ROAD TRANS, LLC Truck Liability, Cargo 8921261 KOOSHA TRUCKING, LLC Truck Cargo 8921269 MILE MARKER TRUCKING, LLC Truck Liability, Cargo 8921639 J FENTON TRUCKING, LLC Truck Liability, Cargo 8921862 FEASLERS TRUCKING, LLC Truck Liability 8921917 AMERICAN TWIN MOVERS, INC. HHG Liability 8921998 KENNETH NICKESON Truck Liability 8922051 MCB TRUCKING, LLC Truck Cargo 8922231 M. BELL ENTERPRISE, LLC Truck Liability, Cargo 8922311 AARON MOUREY & WILLIAM ARMOLD Truck Liability 8922351 EARL SEELYE Truck Liability, Cargo 8922384 WEN CREST FARMS, LLC Truck Liability, Cargo 8922422 T & B HARKNESS TRUCKING, LLC Truck Liability 8922423 BRYAN E. DAVIS Truck Liability, Cargo 8922609 METARKO EXCAVATING, LLC Truck Liability 8922635 KEYSTONE EXCAVATING & DEVELOPMENT, LLC Truck Liability 8922721 PYRAMID TRUCKING, LLC Truck Liability, Cargo 8922911 BLUE MOUNTAIN EXPRESS, LLC Truck Liability, Cargo 8923072 DC WALTERS TRUCKING, LLC Truck Liability, Cargo 8923228 DAVID J. GOOD, LLC Truck Cargo 8923316 EXPANSION ENTERPRISES, LLC Truck Liability, Cargo 8923413 MIKE ROTE Truck Liability 8923550 SINGER TOWING AND RECOVERY, LLC Truck Liability, Cargo 8923610 HAINER CONTRACTING & EXCAVATING, INC. Truck Liability 8923711 AUMENT ENTERPRISE, LLC Truck Liability, Cargo 8923803 GREENOCTOPUS, LLC Truck Cargo 8924091 NORTHEAST FLUID SUPPLY & SERVICE, LLC Truck Liability, Cargo 8924270 A & L ROAD SHIPPING, LLC Truck Liability, Cargo 8924279 IBEMSI GROUP, LLC Paratransit Liability 8924290 NEW AGE TRUCKING, LLC Truck Liability 8924315 KJ NATIONAL, LLC Truck Liability, Cargo 8924335 LANE TRUCKING, LLC Truck Liability, Cargo 8924377 SISCON LOGISTICS, LLC Truck Liability, Cargo 8924754 STUTZMAN LOGISTICS, LLC Truck Liability, Cargo 8924837 WASHBOURNE & SONS TRANSPORTATION, LLC Truck Liability, Cargo 8924855 SHOWALTER TRUCKING, LLC Truck Cargo 8924895 VEGA AUTO CENTER, LLC Truck Liability, Cargo 8924985 PCW ENTERPRISE, LLC Truck Liability 8924994 BEW HAULING, LLC Truck Liability, Cargo 8925070 KIPPLE TRUCKING, LLC Truck Liability, Cargo 8925125 TJK-3 TRUCKING, LLC Truck Liability, Cargo 8925208 PJG PROPERTY MAINTENANCE, LLC Truck Cargo 8925321 D. A. L. DELIVERY SERVICES, LLC Truck Liability, Cargo 8925612 SERGEY MASLOV Truck Liability, Cargo 8925621 VZ5 TRANSPORT, LLC Truck Liability 8925651 RIDGE RUNNERS TRANSPORT, LLC Truck Liability, Cargo 8925721 K GARCIA ENTERPRISE, LLC Truck Liability 8925815 TB TRANSPORTATION, LLC Truck Liability, Cargo 8925851 PAVE-IT, INC. Truck Liability 8926038 BRIAN & SONS TRUCKING, LLC Truck Liability, Cargo 8926142 MP CUSTOM SERVICES, LLC Truck Cargo 8926168 NELIZA LAST MILE, INC. Truck Liability, Cargo 8926216 HILLTOP ENVIRONMENTAL SERVICES, LLC Truck Liability 8926233 G M L SERVICES, LLC Truck Liability 8926290 EAGLE CARRIERS, LLC Truck Liability, Cargo 8926296 FREIGHT ADDICTS TRANSPORT, LLC Truck Liability, Cargo 8926320 J DOC ENTERPRISES, INC. Truck Liability 8926337 ROYAL CROWN TRANSPORT, LLC Truck Cargo 8926350 GERALD SCOTT CHANDLER, JR. Truck Liability, Cargo 8926391 E BOOZER TRUCKING, LLC Truck Liability, Cargo 8926481 E-C TRANSPORTS, INC. Truck Liability, Cargo 8926607 PRESTIGE WORLDWIDE TRUCKING, LLC Truck Liability, Cargo 8926631 MERISCA TRUCKING, LLC Truck Liability, Cargo 8926637 BEST US MOVING, INC. HHG Liability 8926649 DOUBLE W FARMS, LLC Truck Liability, Cargo 8926758 ID WASHINGTON TRANSPORT, LLC Truck Liability, Cargo 8926801 KARCLIN, INC. Truck Liability, Cargo 8926868 RICHARD A. WILLETS Truck Cargo 8926898 RAPID TRANSPORT SOLUTIONS, LLC Truck Liability, Cargo 8927010 MOVIN WEIGHT, INC. Truck Liability, Cargo 8927076 DME TRANSPORT, LLC Truck Liability, Cargo 8927095 S&SHAULERS, LLC Truck Liability, Cargo 8927115 WINGS LIKE EAGLES DELIVERY, LLC Truck Liability, Cargo 8927119 UBER FRIGHT, LLC Truck Liability, Cargo 8927218 ESMERALDA EXPRESS, LLC Truck Liability, Cargo 8927252 WILLIAMS UNITED FREIGHT, LLC Truck Liability, Cargo 8927379 JOURNEYS EXPRESS TRANSPORTATION, LLC Truck Liability, Cargo 899562 RICHARD E. BOYER TRUCKING, LLC Truck Liability, Cargo 899903 RONALD E. FINK Truck Liability, Cargo
[Pa.B. Doc. No. 24-1843. Filed for public inspection December 20, 2024, 9:00 a.m.] _______
1 52 Pa. Code §§ 32.11—32.16.
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