Service of Notice of Motor Carrier Applications
[34 Pa.B. 2409]
The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by May 24, 2004. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.
Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.
A-00120669. Mabel and Eli Herr, Jr., (974 Sensenig Road, Ephrata, Lancaster County, PA 17522)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and those points in Chester County, located west of Route 10, and from points in said territory, to points in Pennsylvania, and return.
A-00120667. Kevin D. Morse t/d/b/a Touch of Class Limousine (R. R. 1, Box 287, Rome, Bradford County, PA 18837)--persons in limousine service, between points in the County of Bradford, and from points in said county, to points in Pennsylvania, and vice versa.
Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons by transfer of rights as described under the application.
A-00113582, F.3. Concord Limousine, Inc. t/d/b/a Concord Coach Taxi (2752 Mt. Carmel Ave., Glenside, Montgomery County, PA 19038), additional right--persons in airport transfer service: (1) from the Lehigh Valley International Airport in the Township of Hanover, Lehigh County, to points in Pennsylvania east of U. S. Highway Route 15, and vice versa, right 1 subject to the following condition: that no person shall be transported from points in the said territory to the Lehigh Valley International Airport who are farther than 35 air miles from the said airport; and (2) persons, who are passengers from diverted flights or who are stranded passengers, from the Lehigh Valley International Airport, in the Township of Hanover, Lehigh County, to any other airport located in Pennsylvania; which is to be a transfer of the rights authorized under the certificate issued at A-00116101, F.4 to Airport Taxi Limousine and Courier Service of Lehigh Valley, Inc., subject to the same limitations and conditions. Attorney: Jeffrey Killind, 42 South 15th Street, Suite 811, Philadelphia, PA 19102.
Applications of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods as described under each application.
A-00120666. Twins Moving and Storage Co., Inc. (14 A 53 Road Street, Brooklyn, NY 11232), a corporation of the State of New York--household goods in use, between points in the Counties of Fulton, Blair, Huntingdon, Perry, Franklin, Adams, York and Bedford, and from points in said counties, to points in Pennsylvania, and vice versa.
A-00120654. S & S Moving & Storage, Inc. (4318 Dover Drive, Morrisville, Bucks County, PA 19067), a corporation of the Commonwealth--household goods in use, between points in the Counties of Delaware, Chester, Montgomery and Bucks, and the City and County of Philadelphia, and from points in said territory, to points in Pennsylvania, and vice versa.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Alvin R. Emerson, III, t/d/b/a Teg's Executive Car Service of Pa.; Doc. No. A-00116131C
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 Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:
1. That Alvin R. Emerson, III, t/d/b/a Teg's Executive Car Service of Pa., respondent, maintains a principal place of business at 252 East Market Street, Suite 377, West Chester, PA 19382.
2. That respondent was issued a Certificate of Public Convenience by this Commission on June 8, 2000, at Application Docket No. A-00116131.
3. That respondent has failed to maintain evidence of bodily injury and property damage liability insurance on file with this Commission.
4. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
WHEREFORE, unless respondent causes its insurer to file evidence of insurance with this Commission within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00116131, for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
I, Wendy J. Keezel, 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 to be able to prove the 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: _____ _________________ Wendy J. Keezel
A. You must file an answer within twenty 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). 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 and three copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265
B. If you fail to answer this complaint within twenty days of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, Contract Carrier Permit, or Brokerage license, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.
C. You may elect not to contest this Complaint by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations within twenty days of the date of service of this Complaint. The proof of insurance must be filed with the Secretary of the Commission at the address set forth in Paragraph A. Upon receipt of the evidence of insurance from your insurer, the complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.
D. If you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission enter an Order imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.
E. 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 penalty set forth in Paragraph B.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Insurance/Filing Unit at (717) 783-5933.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 04-792. Filed for public inspection April 30, 2004, 9:00 a.m.]
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