Reger & Rizzo by Frank J. Rizzo, III for the applicant.
Brett B. Weinstein for protestant, Francis P. Pardo, t/d/b/a Ruberti’s Limousine Service.
Thomas, Thomas, Armstrong & Niesen by Patricia Armstrong for protestant, Krapf’s Coaches, Inc.
________ O R D E R BY THE COMMISSION: This matter comes before the Commission on an application
filed August 3, 1999. Public notice of the application was given in the Pennsylvania Bulletin of August 28, 1999. Krapf’s Coaches, Inc. and Francis P. Pardo, t/d/b/a Ruberti’s Limousine Services filed protests. The protests were withdrawn upon restrictive amendment as follows:
That Amedeo’s Limousine Service, Inc. shall not own and operate more than one vehicle at any one time.
The now unopposed application is certified to the Commission for its
decision without oral hearing. The record consists of verified statements entered by the applicant and seventeen (17) supporting parties.
DISCUSSION AND FINDINGS:
Michael A. Rizzo, president, holding 100% of the stock, is authorized to make the statement for Amedeo’s Limousine Service, Inc. (applicant or Amedeo’s). Applicant will operate from facilities located at 206 Westtown Road, West Goshen Township, Chester County. A 1994 Lincoln Limousine, owned by applicant, will be stored, dispatched and maintained at this facility. Communications systems consist of radio and/or cellular telephone dispatch. A comprehensive safety program will be implemented.
Seventeen (17) parties residing in the area of application support the application. Support comes from thirteen (13) individuals and four (4) business requiring service for many different types of social events and for clients. The intended frequency of use varies from as little as once yearly to as frequently as two (2) times monthly.
The second restrictive amendment limiting the applicant to the operation of no more than one (1) vehicle at any one time, is not in the public interest. This restriction would have the impact of impairing the carrier from meeting public demand. It is not Commission practice to limit the number of vehicles operated by a carrier. Therefore, this restriction will be eliminated.
After complete review of the record, we find: 1. Applicant seeks the initial right to provide limousine service.
The application was protested by two (2) carriers and the protests were withdrawn as set forth supra.
The restriction limiting the number of vehicles will be eliminated as not being in conformance with Commission policy or the public interest.
6. The evidence of record is sufficient to establish necessity for the service, as amended and further modified.
7. Approval of the application, as amended and further modified, is necessary for the accommodation and convenience of the public; THEREFORE, IT IS ORDERED: That the application, as amended and further modified, be and is hereby approved granting the following right:
To transport, as a common carrier, persons, in limousine service,
between points in the boroughs of Downingtown, West Chester
and Malvern, and the townships of Uwchlan, East Caln, West
Whiteland, East Whiteland, East Goshen, West Goshen, Westtown,
IT IS FURTHER ORDERED: That the applicant shall not engage in
any transportation authorized by this order until the following is submitted to the Commission:
1. Form E, as evidence of Bodily Injury Property Damage Insurance.
2. A tariff establishing just and reasonable rates.
IT IS FURTHER ORDERED: That the authority granted herein to the extent that it duplicates authority now held by or subsequently granted to the applicant, shall not be construed as conferring more than one operating right.
IT IS FURTHER ORDERED: That upon compliance with the requirements hereinfore set forth, a certificate shall issue evidencing the Commission's approval of the right to operate as above-determined.
IT IS FURTHER ORDERED: That in the event said applicant has not, on or before sixty (60) days from the date of the service of this order, complied with the requirements hereinbefore set forth, the application shall be dismissed without further proceedings.
BY THE COMMISSION,
James J. McNulty
(SEAL) ORDER ADOPTED: April 13, 2000