NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Motor Carrier Formal Complaints
[54 Pa.B. 1028]
[Saturday, February 24, 2024]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 March 11, 2024, 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. Latino Taxi Service, LLC; Docket No. C-2024-3044157
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 Latino Taxi Service, LLC, Respondent, maintains its principal place of business at 25 East Broad Street, West Hazleton, PA 18202.
2. That Respondent was issued a certificate of public convenience for taxi authority by this Commission onOctober 11, 2017, at PUC No. 6320054 certificate A-2017-2613993.
3. That on November 27, 2023, PUC Officer Neal Ebbert received a complaint filed regarding violations of the Commission regulations that occurred on November 7, 2023.
4. That on November 27, 2023, PUC Enforcement Officer Neal Ebbert conducted a meter course on the taxi in question, taxi # 137, and found that the meter displayed the correct amount for the metered course. Officer then questioned the driver, John Rosario, about the incident, to which Mr. Rosario explained that he did use the meter, but the occupant had many packages and he decided to charge an additional amount for the number of packages the passenger had. No information was posted indicating that there would be an additional charge for assisting with loading or unloading packages.
5. That on November 27, 2023, Officer Ebbert requested the driver, Mr. Rosario, duplicate the trip originally noted in the complaint on November 7, 2023. The driver refused the request to complete the assignment.
6. That on November 27, 2023, Officer Ebbert inspected the file of driver, John Rosario, that included a driver record dated 1/8/2023 but no criminal history was on file. Officer Ebbert requested the log sheet from the date of the taxi transportation, November 7, 2023, but was told the driver keeps the log sheets and submits them monthly.
7. That Respondent, by allowing driver, John Rosario, to refuse an officer's request to duplicate the trip indicated in the complaint hindered the officer's investigation, violating 66 Pa. Code § 505. The penalty for this violation is $500.00.
8. That Respondent, by failing to have a driver's current criminal history on file, has violated 52 Pa. Code § 29.505(b)(2). The penalty for this violation is $100.00.
9. That Respondent, by failing to retain completed log sheets, violated 52 Pa. Code § 29.313(c). The penalty for this violation is $50.00.
10. That Respondent, by allowing a driver to ask for an additional charge for the handling of baggage, has violated 52 Pa. Code § 29.313(d). The penalty for this violation is $50.00.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Latino Taxi Service, LLC the amount of seven hundred dollars ($700.00) 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
Bureau of Investigation and Enforcement
Motor Carrier Enforcement Division
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: 10 January 2024
Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd 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.
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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Latino Taxi Service LLC; Docket No. C-2024-3044158
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 Latino Taxi Service, LLC, Respondent, maintains its principal place of business at 25 East Broad Street, West Hazleton, PA 18202.
2. That Respondent was issued a certificate of public convenience for taxi authority by this Commission on October 11, 2017, at PUC No. 6320054 certificate A-2017-2613993.
3. That on November 27, 2023, PUC Officer Neal Ebbert received a complaint filed regarding violations of the Commission regulations that occurred on November 6, 2023, involving taxi # 129.
4. That on November 27, 2023, PUC Enforcement Officer Neal Ebbert conducted a meter course on taxi # 129, and found that the meter displayed the correct amount for the metered course. Officer then questioned the driver, Juan Tavarez, about the incident regarding the passenger alleged that the meter was not used and being overcharged for a ride from Seybert Street to Walmart, both located on Airport Road in the city of Hazleton. Mr. Tavarez explained that he did use the meter, but he had to wait outside the passengers home and the pickup was at a time of day when more traffic was on the road.
5. That on November 27, 2023, Officer Ebbert requested the driver to transport Officer Ebbert along the same route and the meter displayed an amount of $17.40 and with the additional charge of $1.00 for a ride taking place after 4 pm the total charge was $18.40. The passenger was charged $18.00, which was an undercharge to the passenger.
6. After repeating the trip, Officer Ebbert conducted an inspection of the taxi, which was found to have an expired PA state inspection, expiring in October 2023.
7. Officer Ebbert then proceeded to the Latino Taxi office and reviewed driver (Mr. Tavarez's) file.
a. The last criminal history on file was dated July 29, 2021. Carrier is required to obtain a criminal history every two years.
b. No driving record was in this file. Carrier is required to obtain a driver history on a yearly basis.
c. No log sheet was produced, driver Mr. Tavarez, stated the log sheet was at his house.
8. That Respondent, by allowing a vehicle to be operated with an expired PA state inspection sticker, has violated 52 PA Code § 29.403(8) and § 29.405. The penalty for this violation is $100.00.
9. That Respondent, by failing to have a current criminal history on file has violated 52 PA Code § 29.505. The penalty for this violation is one hundred dollars ($100.00).
10. That Respondent, by failing to have a driver's current criminal history on file, has violated 52 Pa. Code § 29.505(b)(2). The penalty for this violation is $100.00.
11. That Respondent, by failing to retain completed log sheets, violated 52 Pa. Code § 29.313(c). The penalty for this violation is $50.00.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Latino Taxi Service, LLC the amount of three hundred fifty dollars ($350.00) 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
Bureau of Investigation and Enforcement
Motor Carrier Enforcement Division
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: 10 January 2024
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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd 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. 24-250. Filed for public inspection February 23, 2024, 9:00 a.m.]
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