NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[53 Pa.B. 1119]
[Saturday, February 25, 2023]Public Meeting held
February 9, 2023Commissioners Present: Gladys Brown Dutrieuille, Chairperson; Stephen M. DeFrank, 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-2023-3037727
Tentative Order By the Commission:
Pursuant to Section 512 of the Public Utility Code, 66 Pa.C.S. § 512, the Commission is authorized to prescribe appropriate insurance requirements for motor carriers. Section 512 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. . . .Consistent with this broad statutory charge, the Commission promulgated regulations governing motor carrier insurance requirements. 52 Pa. Code Chapter 32. 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. 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. 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. 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 maintain acceptable evidence of insurance, 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. Cancellation 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 cancellation 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 cancellation 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: February 9, 2023
ORDER ENTERED: February 9, 2023
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility Code Utility Name Suspended
AuthoritiesInsurance Type
Not on File
6223999 NASSAH GROUP, LLC Contract Carrier and Paratransit Liability 630369 EXECUTIVE TRANSPORTATION COMPANY Limousine Liability 6310493 J. B. TAXI, LLC Taxi Liability 6317318 WEBB'S TRANSPORT, LLC Taxi Liability 6318074 GO GREEN TAXI, LLC Taxi Liability 633450 DEMETRIOS J. HERRON Limousine Liability 640234 TROPIANO AIRPORT SHUTTLE, INC. Airport Transfer Liability 6411152 ASAP TRANSPORTATION, INC. Paratransit Liability 6411287 TODD ALAN HUGENDUBLER Group and Party 16 or Greater Liability 6412328 LL TROLLEY EXPRESS, LLC Group and Party 16 or Greater Liability 6413872 AMAZING TOURS, INC. Group and Party 16 or Greater Liability 6414486 GALEN E. SWEIGART, JR. Paratransit Liability 6415050 MONDIAL MOBILE MOTORS, LLC Group and Party 16 or Greater Liability 641560 STEEL, BARBARA ANN Paratransit Liability 6417202 US TRANSIT AUTHORITY, LLC Paratransit and Limousine Liability 6417504 PREMIER LIMOUSINE, LLC Limousine and GP11—15 Liability 6418101 NEVIN HORST Paratransit Liability 641819 VM TRANSIT, INC. Paratransit Liability 6419305 DAVID E. GINGRICH Paratransit Liability 6419347 DESIGNATED DRIVER, LLC Airport Transfer and GP11—15 Liability 642015 EAGLE WOLFINGTON LEASING CORP. Group and Party 16 or Greater Liability 6420863 MED SWIFT TRANSPORTATION SERVICES, LLC Paratransit Liability 6421286 ON CALL TRANS, LLC Paratransit Liability 6421544 JOSEPH L. SANDERS, III Paratransit Liability 6422542 GOLDEN CARING TRANSIT CORP. Paratransit Liability 6422722 HOLLAND HOMECARE, LLC Paratransit Liability 6422836 ALPHA TRANS, LLC Paratransit Liability 6423248 WYNN TRANSIT, LLC Paratransit Liability 6423700 TRANSPORTATION NETWORK SERVICES, LLC Airport Transfer Liability 6423710 T. P. C. TRANSPORTATION, LLC Paratransit Liability 6423833 FOREVER FAMILY HOMECARE AGENCY, LLC Paratransit Liability 6423867 GREAT VALLEY AMBULANCE SQUAD, LLC Paratransit Liability 6424426 BEST EMPLOYEE SHUTTLE SERVICES, INC. Paratransit Liability 6424620 PENNSYLVANIA TROLLEY CARS, LLC Group and Party 16 or Greater Liability 6424728 TRAVEL FREE, LLC Paratransit Liability 6424915 EXPEDITED RESPONSE TRANSPORTATION COMPANY Paratransit Liability 700882 JOHN WASKO Truck Cargo 701100 FRANK JENNINGS Truck Liability 701171 R. B. CHRISTEL, INC. Truck Liability and Cargo 701838 DAVIDSON, RANDALL Truck Cargo 702883 DANIEL G. KEHOE Truck Liability and Cargo 703709 WORTH AND SONS HAULING, INC. Truck Liability and Cargo 703877 JOHN S. MYERS, JR. Truck Liability and Cargo 706037 BLACK HORSE CARRIERS, LLC Truck Cargo 706783 DAVID J. KEELEY Truck Liability and Cargo 707451 R. W. BENDER Truck Liability 707622 KRISSINGER, SCOTT M. Truck Liability and Cargo 708932 EXPRESS CARRIERS, LLC Truck Liability 783865 GERALD J. KOLOSINSKY Truck Liability 824920 POTTSVILLE MOVING & STORAGE COMPANY, INC. Truck— Household HHG and property Liability and Cargo 8910221 GEORGE F. MARTIN, JR. Truck Liability 8910598 P A K TRANSPORT, LLC Truck Liability 8911159 FRANK MARTUCCIO ASPHALT & PAVING, INC. Truck Liability 8911719 DGIEN TRUCKING, INC. Truck Cargo 8911738 MODERN MOTOR COACHES, INC., T/A MODERN PIANO MOVING Household Goods Carrier Liability 8912179 RICHARD J. REXER T/A REXER'S Truck Cargo 8912562 MARKS BROTHERS HOLDINGS, LLC Truck Cargo 8913406 TIMS TRUCKING, LLC Truck Liability and Cargo 8913503 HOLCOMBE ENERGY RESOURCES, LLC Truck Cargo 8913679 KEVIN D. RATHBUN Truck Liability and Cargo 8913948 JASON BRADLEY ENTERPRISES, INC. Truck Cargo 8914043 PROUT TRUCKING, LLC Truck Liability and Cargo 8914662 CHARLES E. CLUKEY, JR. Truck Cargo 8915844 ROBERT RAY ANDERSON TRUCKING, LLC Truck Liability and Cargo 8916036 JOHN R. EVANS Truck Liability and Cargo 8916074 RIVERFRONT MOVING & STORAGE, LLC Household Goods Carrier Liability 8916214 BULLHEAD TRUCKING, LLC Truck Cargo 8916764 HINDMAN & ISAACS MOVING & STORAGE, INC. Truck—HHG and property Cargo 8916929 BAKER'S HAULING, LLC Truck Liability and Cargo 8916992 TRIPLE L. EXPRESS, LLC Truck Liability and Cargo 8917338 GREEN LEAF LANDSCAPING AND PROPERTY MAINTENANCE, LLC Truck Liability 8917420 SAND BLAST TRUCKING, LLC Truck Cargo 8917459 SERVICE EMPORIUM, INC. Household Goods Carrier Liability 8917805 MIDDLEBURG RENTALS, LLC Truck Cargo 8917864 TERRY DIPPERY TRUCKING, LLC Truck Liability 8918483 K UNSTOPPABLE TRUCKING, LLC Truck Liability and Cargo 8918644 TOP SHELF TRUCKING, INC. Truck Liability 8918820 Y & D's DELIVERIES, LLC Truck Liability and Cargo 8918846 YODER LOGISTICS, LLC Truck Liability 8919508 DAVID SHANK Truck Liability and Cargo 8919603 RJ TRANSPORT, LLC Truck Liability and Cargo 8919888 LOWELL D. HARTZELL CONTRACTOR, INC. Truck Liability and Cargo 8920251 MOTI LOGISTICS, LLC Truck Liability and Cargo 8920451 BSJ & P TRANSPORTATION, INC. Truck Cargo 8920528 S&S SHIPPING, LLC Truck Liability and Cargo 8920728 MILESTONE RELOCATION SOLUTIONS, INC. Household Goods Carrier Liability and Cargo 8920865 LOAD RIDER LOGISTICS, LLC Truck Cargo 8921032 SUNNYSIDE TRUCKING, LLC Truck Cargo 8921231 MJ HUYA TRUCKING, LLC Truck Liability and Cargo 8921382 COUNTRY VIEW TRANSPORT, LLC Truck Liability and Cargo 8921611 SOUTH FLORIDA GRASS MASTERS HOLDING, INC. Truck Liability 8921627 KEYSTONE APPLICATORS AND FARMS, LLC Truck Cargo 8921636 DORSETT TRUCKING, LLC Truck Liability 8921707 JUAN GALAN Truck Liability and Cargo 8921910 ARKHAM FREIGHTWAYS, LLC Truck Liability and Cargo 8921926 NORTH POND TRUCKING, LLC Truck Cargo 8921970 CIBRALIC TRANSPORT, LLC Truck Cargo 8922421 GRANTS ENTERPRISES, LLC Truck Liability and Cargo 8922447 MARIA TRANSPORT, LLC Truck Liability and Cargo 8922598 SET IN STONE BY KRONE, LLC Truck Cargo 8922736 MARK T. BOYLE 570, LLC Truck Liability and Cargo 8922772 AE EXPRESS, INC. Truck Liability and Cargo 8922955 W. MILLER & SONS TRUCKING, LLC Truck Liability 8923057 LITTLE DIGGERS EXCAVATING & HARDSCAPE, LLC Truck Liability 8923070 MISH LOGISTICS, LLC Truck Liability and Cargo 8923139 VALKYRIE TRANSPORT, INC. Truck Liability and Cargo 8923229 LV HOME SERVICES, LLC Truck Liability 8923290 S&I TRUCKING, INC. Truck Liability 8923369 CAR MART AUTO CENTER, INC. Truck Liability 8923451 CMWJR, LLC Truck Cargo 8923559 DONALD E. HERBSTER, JR. Truck Liability and Cargo 8923579 THREE BROTHERS SOLIDIFICATION, LLC Truck Liability and Cargo 8923584 AAA ROAD WARRIOR TNT REPAIR, INC. Truck Liability 8923598 AARON S. SOBRINSKI Truck Liability and Cargo 8923624 APACHE TRANSPORT, LLC Truck Liability and Cargo 8923634 TYLER TRUCKING AND EXCAVATING, LLC Truck Cargo 8923638 GILLETTE LOGISTICS AND HOLDINGS, LLC Truck Liability 8923645 FAMILIA TRUCKING, LLC Truck Liability and Cargo 8923746 P&M LOGISTICS, LLC Truck Liability and Cargo 8923871 NEWMANS TRANSPORT, LLC Truck Cargo 8923925 J. CLARK TRANSPORT, LLC Truck Liability and Cargo 8924054 TIMEIT LOGISTICS, LLC Truck Liability and Cargo 8924088 LANDSMAN LOGISTICS, LLC Truck Liability and Cargo 8924096 RUSTY DOG TRUCKING, LLC Truck Liability and Cargo 8924120 A. RUTLEDGE TRUCKING, LLC Truck Liability and Cargo 8924251 KERM LOGISTICS, LLC Truck Liability and Cargo 8924321 C. L. STEWART, LLC Truck Liability and Cargo 8924340 NICKS HAULING, LLC Truck Liability 8924370 SUREWAY TRANSPORTATION, LLC Truck Liability and Cargo 8924397 DAVID CUMMINGS Truck Liability and Cargo 8924445 RESURRECTED LOGISTICS, LLC Truck Liability 8924448 KIESEL, LLC Truck Liability and Cargo 8924474 JD HAULING SERVICES, LLC Truck Liability and Cargo 8924547 PENN STATE TRANS, LLC Truck Liability and Cargo 8924585 FULL THROTTLE HAULING, LLC Truck Liability 8924634 LEGION LOGISTICS, LLC Truck Cargo 8924663 603 TRANSPORT, LLC Truck Liability and Cargo 8924690 YOENDI TRANSPORT, LLC Truck Liability and Cargo 8924711 SWISHER TRANSPORT, LLC Truck Liability and Cargo 8924725 FREIGHTHAUL, LLC Truck Cargo 8924733 DOUGLAS L. CLARK Truck Liability 8924748 ROAD KINGS TRUCKING, LLC Truck Liability and Cargo 8924800 TRUE GRADE EXCAVATING, LLC Truck Liability and Cargo 8924857 BLY BROTHERS, LLC Truck Liability and Cargo 8924865 WILLIAM E. ZURN Truck Liability and Cargo 8924952 OLE TIMERZ TRUCKING, LLC Truck Liability and Cargo 8924960 KEYSTONE TRUCK LOGISTICS, LLC Truck Liability and Cargo 8925110 S. M. KEYS, INC. Truck Liability 8925141 METAPHASE TRANSPORT SERVICES, LLC Truck Liability and Cargo 8925158 R. B. DELIVERY, LLC Truck Liability and Cargo 8925173 BOZZ LADY TRUCKING, LLC Truck Liability and Cargo 8925242 JM WANNER TRUCKING, LLC Truck Liability 8925290 OLYMPIAN LOGISTICS, LLC Truck Liability and Cargo 8925307 COURIERSTAT365, LLC Truck Liability and Cargo 8925360 VILLEGAS TRANSPORT, LLC Truck Liability and Cargo 8925370 LACKAWANNA MOVERS, LLC Truck Liability and Cargo 8925391 XTREME AUTO TRANSPORT, LLC Truck Liability and Cargo 8925420 BLUE GREMLIN LOGISTICS, LLC Truck Liability and Cargo 8925538 GERALD DENNIS BEY EXPRESS ENTERPRISES, LLC Truck Liability and Cargo 8925599 ELIJAH BAKER Truck Liability and Cargo
[Pa.B. Doc. No. 23-273. Filed for public inspection February 24, 2023, 9:00 a.m.]
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