NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Maintain Evidence of Insurance
[52 Pa.B. 7057]
[Saturday, November 12, 2022]Public Meeting held
October 27, 2022Commissioners 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-2022-3034805
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: October 27, 2022
ORDER ENTERED: October 27, 2022
Appendix A
Carriers Without Acceptable Evidence of Insurance
Utility Code Utility Name Suspended
AuthoritiesInsurance Type
Not on File6220172 HONEYBEE TRANSPORTATION, LLC Contract Carrier Liability 6222171 COMFORT RIDES CORPORATION Paratransit Liability 6320503 AAMIR BROTHERS, INC., T/A PENN-DEL CAB Taxi Liability 6324393 NOMAD RIDES, INC. TNC Liability 632757 CLASSY CAB COMPANY, INC. Taxi and Paratransit Liability 640234 TROPIANO AIRPORT SHUTTLE, INC. Airport Transfer Liability 640310 J&B LIMOUSINE SERVICE & AUTO LEASING, INC., T/A ELEGANT ARRIVALS GP11—15 and GP16+ Liability 6410933 VAUXCO LIMOUSINES, LLC GP11—15 Liability 641385 TRI COUNTY ACCESS CO., INC. Taxi Liability 6414126 COMFORT RIDE TRANSIT, INC. Paratransit Liability 6416002 GRETHER E. CAMILO HERNANDEZ Paratransit Liability 6416821 LIFELINE MEDICAL SERVICES, INC., T/A LIFECARE TRANSPORT Paratransit Liability 6417202 US TRANSIT AUTHORITY, LLC, T/A LUXURY LIFT, D/B/A CUMBERLAND VALLEY TRANSIT All Liability 6417234 LUXURY LIMOUSINE & CAR SERVICE, LLC Limousine Liability 6417260 FIRST CLASS LIMOUSINE, LLC Limousine Liability 6417513 GARY L. SNYDER AND MARIE SNYDER Paratransit Liability 641771 A1 LIMOUSINE SERVICE/UNIVERSAL, INC. Limousine Liability 6418049 TOWER LIMO, LLC Limousine Liability 6418069 APEX HEALTHCARE SERVICES, LLC Paratransit Liability 6418791 YES LIMOUSINE, LLC GP11—15 Liability 6419312 JACKIE WLEH & JOHNETTA WLEH, T/A J & J CAR SERVICES Limousine Liability 6419357 TAJOMA, INC., T/A EXCLUSIVE DESTINATIONS SERVICES GP11—15 Liability 6419854 WILLIAM RODRIGUEZ, T/A LA BALLENA TRANSPORT Paratransit Liability 6419868 RIDE2CARE, INC., T/A RIDE2CARE Paratransit Liability 6420863 MED SWIFT TRANSPORTATION SERVICES, LLC Paratransit Liability 6421164 ANB TRANS, INC. Limousine Liability 6421186 S&S MEDICAL TRANSPORT, LLC Paratransit Liability 6421583 LMC LIMOUSINE & TRANSPORTATION SERVICES, INC. Limousine Liability 6421693 AERO MEDICAL TRANSPORTATION, LLC Paratransit Liability 6422344 ED TRANSPORTATION, LLC Paratransit Liability 6422406 RAYMOND AND KRYSTAL GOUGH, T/A GLORY TRANSPORTATION Paratransit Liability 6422445 MOGA TRANS, LLC Paratransit Liability 6422528 GENIUS TRANSPORTATION, LLC Paratransit Liability 6422630 BATE RELIABLE TRANSPORTATION, LLC Paratransit Liability 6422817 PULLMAN VALET, LLC GP16+ Liability 6423700 TRANSPORTATION NETWORK SERVICES, LLC, T/A GO WOLLEY Paratransit and Airport Transfer Liability 6423851 VISION OF LOVE HOMECARE, LLC Paratransit Liability 6424374 TZADIK MULTISERVICE & TRANSPORTATION, LLC Limousine Liability 6424385 KRALL LIMO AND PARTY RENTALS, CO. GP16+ Liability 6424922 EZRIDE, LLC Paratransit Liability 647995 F & S TRANSPORTATION, INC. Airport Transfer and Paratransit Liability 700793 JOSEPH P. RILEY & SONS MOVING COMPANY, INC. Truck Liability 700806 HERBERT B. SMITH & AGEE COPART Truck Liability and Cargo 701170 AFTON TRUCKING, INC. Truck Liability 701645 CHAPMAN AUTO PARTS & SALES, INC. Truck Liability and Cargo 703432 ANDREWS TRUCKING, INC. Truck Cargo 703630 JOHN M. STROCKOZ Truck Liability and Cargo 705144 AMIS, HENRY Truck Liability and Cargo 705276 BROOKS COURIER SERVICE, INC. Truck Cargo 705393 M. BYLER TRANSPORTATION, LLC Truck Cargo 706021 THEODORE JAMES BALZANO Truck Liability and Cargo 706050 NED C. HARTMAN Truck Liability 706242 KREIDER, SAMUEL W. Truck Liability and Cargo 706736 BOSCO TRUCKING, INC. Truck Liability and Cargo 707142 ASHBAUGH, RICHARD WAYNE Truck Liability 707351 DENNIS ROY EVANS Truck Liability 707741 AUMAN BROTHERS CONSTRUCTION, LLC Truck Liability and Cargo 708342 BRIAN PEOPLES Truck Liability 708800 EARL E. PAIGE, JR. Truck Liability and Cargo 708909 GRAEFE MOVING SERVICES, INC. Truck Liability 822140 PIERCE, PAUL E. Truck Liability and Cargo 845670 SMEAL, JOHN Truck Liability 869650 YEAGER MOVING & STORAGE, INC. Household Goods Carrier and Truck Liability and Cargo 890398 FIRST FREIGHT TRANSPORT, INC. Truck Liability and Cargo 8911031 STEVEN C. SIPLE Truck Liability and Cargo 8912179 RICHARD J. REXER, T/A REXER'S Truck Liability 8914157 GREYHAN TRANSPORT, LLC Truck Liability and Cargo 8915122 WHEELS EXPRESS, INC. Truck Liability and Cargo 8915684 J & L TRUCKING SERVICE, LLC Truck Liability 8916391 BELLS TRANSIT, LLC Truck Liability and Cargo 8916682 BIOTA LOGISTICS, INC. Truck Liability 8916924 SMITTYS TOWING, LLC Truck Cargo 8916963 GARY HOLDREN Truck Cargo 8917166 WAMBOLD BULK SERVICES, LLC Truck Liability and Cargo 8917253 MARKS XPRESS TRUCKING & HAULING, LLC Truck Liability 8917573 JEFFREY L. BANGE, T/A J & K FARM Truck Liability and Cargo 8917597 IRVEN L. BUTTRAY Truck Liability and Cargo 8917834 STAUFFER SHEDS, LLC Truck Liability and Cargo 8917886 HARE TRUCKING, LLC Truck Liability 8918420 RECOVERY PROS, INC. Truck Liability and Cargo 8918690 TODD ALLEN LIVENGOOD, D/B/A TODD LIVENGOOD TRUCKING Truck Liability 8918904 DAVID R. VINSEK, T/A D. VINSEK TRUCKING Truck Liability 8919188 CHARLES R. VARGO TRANSPORTATION, INC. Truck Liability and Cargo 8919793 JEROME SCHULTZ, T/A JJS TRUCKING AND EXCAVAITNG Truck Cargo 8920287 METHENY TRUCKING, LLC Truck Liability and Cargo 8921018 NEPA TRUCKING AND TRANSPORT, LLC Truck Liability 8921094 M&K LOGISTICS, LLC Truck Liability and Cargo 8921357 MCDONALD POWER, LLC Truck Liability and Cargo 8921405 TITAN TRUCKING AND LOGISTICS, INC. Truck Liability and Cargo 8921690 BILL FRANKS Truck Liability and Cargo 8921860 MILK MAN CONNECTION, LLC Truck Liability and Cargo 8921924 MEGMAR CONTRACTING, LLC Truck Liability and Cargo 8921954 OWL CREEK SPECIALIZED, LLC Truck Liability and Cargo 8922149 MONSTER TRANSPORTATION, LLC Truck Liability and Cargo 8922250 ASH TRANSFER, LLC Truck Liability and Cargo 8922312 BALL LOGISTICS, LLC Truck Liability and Cargo 8922317 AMMI LOGISTICS, LLC Truck Liability and Cargo 8922574 B. BLAIR CORPORATION Truck Liability and Cargo 8922840 MOVING FORWARD, LLC Household Goods Carrier Cargo 8922890 TAYLOR TRUCKING SERVICES, LLC Truck Liability and Cargo 8922932 EXCLUSIVE SERVICES, INC. Household Goods Carrier Cargo 8922971 DLH TRANSPORT, LLC Truck Liability and Cargo 8923066 MICHAEL D. AMSLER Truck Liability and Cargo 8923173 PGH LOGISTICS, INC. Truck Cargo 8923197 NEXT GEN LOGISTICS, LLC Truck Liability and Cargo 8923203 JL TRUCKING, LLC Truck Cargo 8923275 LATTUCAS TRANSPORTATION SERVICE, LLC Truck Cargo 8923285 JJ DENTICI HOTSHOT, LLC Truck Liability and Cargo 8923357 FIRST OPTION TRANSPORT, LLC Truck Liability and Cargo 8923385 DONALD MARSHALL, III Truck Liability and Cargo 8923394 NAVARRO TRUCKING, LLC Truck Liability 8923692 HAIRE MOBILE COURIER, LLC Truck Liability and Cargo 8923696 RJ COURIER LOGISTICS, LLC Truck Liability and Cargo 8923724 J & B LOGISTICS, LLC Truck Liability and Cargo 8923866 INVERTECH, LLC Truck Liability and Cargo 8923882 G-CODE TRANSPORTATION & LOGISTICS, LLC Truck Liability and Cargo 8923886 TOP NOTCH TRANSPORTS, LLC Truck Liability 8923924 D. F. PROCTOR ENTERPRISES, LLC Truck Liability and Cargo 8923930 MAMET, LLC Truck Liability and Cargo 8923961 NICKS TOWING AND TRANSPORT, LLC Truck Liability and Cargo 8924002 M. D. HIGLEY TRUCKING, LLC Truck Liability and Cargo 8924006 SHANKS SAWMILL, LLC Truck Cargo 8924028 GREENE AND GARBER TRANSPORT, LLC Truck Liability and Cargo 8924042 NEIGHBORHOOD KREW, INC. Truck Liability and Cargo 8924079 EQP TRANSPORTATION, LLC Truck Liability and Cargo 8924081 MILLS LOGISTICS, LLC Truck Liability and Cargo 8924186 DRT LOGISTICS, LLC Truck Liability 8924199 ORIONS LANDSCAPING, LLC Truck Liability and Cargo 8924252 FOUR VALLEYS TRANSPORT, LLC Truck Liability and Cargo 8924284 BIG RED TRANSPORT, LLC Truck Cargo 8924302 MAHOGANY QUEEN TRUCKING, LLC Truck Liability and Cargo 8924360 KINGSIDE LOGISTICS, LLC Truck Liability and Cargo 8924483 COBRE TRANSPORTATION, LLC Truck Cargo 8924485 AZ TOW 4 U, LLC Truck Liability and Cargo 8924599 JNF EXPRESS, INC. Truck Liability and Cargo 8924643 THOMAS MILLER Truck Liability and Cargo 8924698 QUICKSHOT SERVICES, LLC Truck Liability and Cargo 8924726 MOUNTAIN WAY, LLC Truck Liability 8924769 ALL DAY SERVICES, LLC Truck Liability and Cargo 8924917 SCOTT PATTERSON, LLC Truck Liability and Cargo 8924934 BIG RIG TRUCKING, LLC Truck Liability and Cargo 8924935 TF & SM, LLC Truck Liability and Cargo 8924978 KUMM & GO ENTERPRISE, LLC Truck Liability and Cargo 8925107 T. ALLEN TRANSPORTATION, LLC Truck Liability and Cargo 8925120 H&B TRANSPORT, LLC Truck Liability and Cargo 8925127 CASTRO LOGISTIC SERVICES, LLC Truck Liability and Cargo 8925188 4 SURE CONTRACTING AND EXCAVATING, LLC Truck Liability and Cargo 8925258 LTS AUTO, LLC Truck Liability and Cargo
[Pa.B. Doc. No. 22-1761. Filed for public inspection November 11, 2022, 9:00 a.m.]
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