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PA Bulletin, Doc. No. 07-1468

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[37 Pa.B. 4501]
[Saturday, August 11, 2007]

   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 September 4, 2007. 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-00123920 (Corrected). A Vital Response, Inc. (550 State Road, Suite 105, Bensalem, Bucks County, PA 19020)--persons in paratransit service from points in the Counties of Bucks, Montgomery, Philadelphia and Chester, to points in Pennsylvania, and return. Attorney: John M. Kenney, 308 Oxford Valley Road, Langhorne, PA 19030.

   A-00124006. Bucks Cab Co. (405 Gravel Hill Station, Southampton, Bucks County, PA 18966)--a limited liability company of the Commonwealth--persons in paratransit service, between points within the boundaries starting at the intersection of Countyline Road and PA Route 532 extending Northward bound on PA Route 532 to Eastward bound on the Newtown Bypass to North on Lindenhurst Road to Eastbound on Stoopville Road to Northward bound PA Route 413 merging onto Northward bound PA Route 232 merging onto Northward bound PA Route 32 to Southward bound on US Route 202 to Northwestern bound on PA Route 313 to Southward bound on PA Route 611 to Countyline Road heading East ending at the intersection of Countyline Road and PA Route 532.

Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of persons as described under the application.

   A-00122951, F.1, Am-A. Jetway Transport, Inc., t/a Main Line Taxi Company (908 DeKalb Street, Bridgeport, Montgomery County, PA 19405)--a corporation of the Commonwealth, for amendment to its common carrier certificate, to transport, inter alia, by motor vehicle, persons, upon call or demand the Townships of Tredyffrin, Easttown, Willistown, East Whiteland, West Whiteland, Charlestown, East Goshen and the Borough of Malvern, all located in Chester County, and the Township of Upper Merion, Montgomery Counties: So As To Permit the transportation of persons upon call or demand in the Borough of Phoenixville, Chester County; the Borough of Swarthmore and the Townships of Havertown and Springfield, Delaware County; and the Borough of Collegeville, and the Township of Plymouth, Montgomery County.

Application 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-00124003. Daniel Reichard, t/a Reichard's Move It (1523 Bloomingrove Road, Apartment D, Williamsport, Lycoming County, PA 17701)--household goods in use, from points in the Counties of Lycoming, Clinton, Luzerne and Union, to points in Pennsylvania, and vice versa.

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Edward Lee Bradshaw; Doc. No. A-00123000C

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 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 Edward Lee Bradshaw, respondent, maintains his principal place of business at 301 Wilson Drive, Pittsburgh, PA 15235.

   2.  That respondent was issued a certificate of public convenience by this Commission on August 21, 2006, at Application Docket No. A-00123000.

   3.  That respondent, by Commission Secretarial letter dated August 1, 2006, was informed to submit a copy of a current satisfactory safety rating from the U.S. Department of Transportation or another state, within 180 days, or complete a safety fitness review by a Commission enforcement officer. On January 24, 2007, Enforcement Officer Caliari, of the Commission's Pittsburgh District Office, scheduled the last of four unsuccessful attempts to complete carrier's mandatory safety fitness review with no success. Carrier has consistently failed to either be present for the scheduled reviews, or has canceled the scheduled reviews due to a lack of preparedness. As required by Public Utility Commission regulation, a satisfactory safety fitness rating must be achieved by the respondent in order to maintain a certificate of public convenience to operate as a common carrier of property between points in the Commonwealth of Pennsylvania.

   4.  That respondent, by failing to submit his company to a safety fitness review, violated 66 Pa.C.S. § 501(c) and, for failure to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke the certificate of public convenience of Edward Lee Bradshaw at A-00123000.

Respectfully submitted,
 
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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: _____   __________                        Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforcement    Division
Bureau of Transportation and Safety      

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 and three (3) 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 (20) days, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  If you file an answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience.

   D.  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.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-1468. Filed for public inspection August 10, 2007, 9:00 a.m.]



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