NOTICES

Service of Notice of Motor Carrier Applications

[35 Pa.B. 5360]

   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 October 17, 2005. 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.

Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.

   A-00122082. Elizabeth Township Area Emergency Medical Services Corporation (P. O. Box 539, Buena Vista, Allegheny County, PA 15018) a nonprofit corporation of the Commonwealth--persons, in paratransit service, in vehicles equipped for wheelchairs, from points in the Counties of Westmoreland, Washington and Allegheny, to points in Pennsylvania and return.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Travel with Comfort Inc.,
P. O. Box 23105, Philadelphia, PA 19124;
Doc. No. A-00115561C

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 Travel With Comfort, Inc., respondent, maintains its principal place of business at P. O. Box 23105, Philadelphia, Pennsylvania 19124.

   2.  The respondent filed an application for paratransit authority at Application Docket No. A-00115561, on January 20, 1999, which was dismissed on September 27, 1999. On May 19, 1999, respondent was granted a certificate of public convenience at Application Docket No. A-00115561, F.2, for group and party 16+ authority. Said certificate was cancelled on February 18, 2003. That respondent was issued a certificate of public convenience by this Commission on July 8, 2003, at Application Docket No. A-00115561, F.3 for group and party 16+ authority.

   3.  That respondent's operating rights were suspended on October 14, 2003, for failure to maintain evidence of insurance on file with this Commission.

   4.  That respondent, on November 30, 2004, at approximately 10:12 a.m., at Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania, permitted a cer- tain 2000 Ford van bearing Pennsylvania License No. FLS9808, Vehicle Identification No. 1FTSS34L4YH- 818647, to be operated. At that time, David D. Beck, a duly authorized officer of this Commission, found said unmarked vehicle to be holding out to transport passenger's shuttle service for compensation. Additionally, the respondent is advertising under the name ''Pennsylvania Shuttle'' at the Camp Hill prison offering shuttle service in Pennsylvania. Respondent's authority from this Commission is limited to group and party 16+ authority, in vehicles which carry 16 or more passengers including the driver.

   5.  That respondent, by operating its vehicle while under suspension for failing to maintain evidence of insurance on each of its vehicles used in providing service authorized by this Commission, violated 66 Pa.C.S. § 501(c) in that it failed to observe, obey and comply with a Commission regulation or order, and the terms and conditions thereof. Penalty is $1,000.00 and cancellation of its certificate of public convenience.

   6.  That respondent by failing to have the proper name or registered insignia and the proper number of the certificate of public convenience identification markings on each side of the vehicle, violated 52 Pa. Code § 29.71(a). The penalty is $50.00.

   7.  That respondent, by failing to include in its advertisement, its proper name and certificate number issued by this Commission, violated 52 Pa. Code § 21.2. The penalty is $50.00.

   8.  That respondent, by offering service of a different nature than that authorized by this Commission, violated 66 Pa.C.S. § 1102(a)(1)(i). The penalty is $250.00.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Travel With Comfort, Inc., the sum of one thousand, three hundred fifty dollars ($1,350.00) for the illegal activity described in this complaint and requests that the Commission revoke Travel With Comfort, Inc.'s, certificate of public convenience at A-00115561, F.3.

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, 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

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 out come. 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.  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:

            James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   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 and receipt of the evidence of insurance from your insurer, the Complaint shall be closed. ACORD CERTIFICATES OF INSURANCE AND FAXED FORM E'S AND H'S ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.

   D.  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.

   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 fine set forth above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-1807. Filed for public inspection September 23, 2005, 9:00 a.m.]

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