Order 15541 - Wright's Ocean View Taxi: Appl. to Extend Right Conferred by Certificates

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND

DATE OF APPLICATION: 12/26/97

DATE OF HEARING: 1/28/98

COMMODITY: Taxi

REPORT AND ORDER

By application filed with the Division of Public Utilities and Carriers, B & C Transportation, Inc., DBA: Wright's Oceanview Taxi, 29 A Canal Street, Westerly, Rhode Island, sought approval to amend its taxicab certificates MC-278 and 281 from points in North Kingstown, Jamestown, South Kingstown, Narragansett, Westerly and Charlestown, Rhode Island to include Hopkinton and Richmond, Rhode Island. A duly notice hearing on the application was held on January 28, 1998 at 100 Orange Street, Providence, Rhode Island.

APPEARANCES:        BRIAN L. YEMMA, Pro Se for Applicant Corporation

Mr. Yemma testified that Hopkinton and Richmond are adjoining areas to the locations that the company already services. He said, "In the last five years we have come to have several clients in these areas that would require transportation from our service". (TR. 1/28/98, p. 4) The witness also testified that the areas are within five to six miles of the company's dispatch service "so in traveling through the areas, of course, the vehicles are marked with phone numbers and people have noticed our numbers and have started to call us and we have developed some business in these areas, so just to be legal we would like to follow through and get the towns added on". (TR. 1/28/98, p. 5)

Mr. Yemma proffered one witness to support the application. Lucille M. Stanley, 11 Cougar Lane, Hopkinton, Rhode Island, testified that she called Oceanview at the time Hope Valley Taxi was out of business. She testified that she has had good service from Oceanview and the person who is now running Hope Valley Taxi. "Like I said," she testified, "Hope Valley Taxi was out of business there for awhile because he was waiting for somebody to take it over. John Saunders took it over." (TR. 1/28/98, p. 8)

John H. Saunders, Hope Valley Taxi certificate holder, testified in opposition to granting the application. Mr. Saunders said, "My area of Hopkinton and Richmond is a huge area with few people in it and the majority of people have their own transportation". He said, "I'm lucky to get fifteen calls a week out of Richmond". He testified that there is not enough business in the area to support two taxi companies.

FINDINGS

The Division has determined after a review of the record in this proceeding that Oceanview Taxi did not produce sufficient evidence to establish public convenience and necessity in the Hopkinton, Richmond area. The record is also clear through testimony that Oceanview Taxi has been operating in the area in violation of 39-14-3 of the Rhode Island General Laws. Mr. Yemma testified that he already operated in the area. His witness also testified that she has been pick up at her Hopkinton home by Oceanview Taxi. The law states in part:

No person, association or corporation shall operate a taxicab or taxicabs or limited public motor vehicle or vehicles in any city or town in the state until the person, association or corporation shall have obtained a certificate from the Division certifying that public convenience and necessity require the operation of a taxicab or taxicabs or a limited public motor vehicle or vehicles for transportation of passengers, the acceptance or solicitation of which originate only within the territory specified in the certificate.

Accordingly, it is

(15541) ORDERED:

That the application filed by B & C Transportation, Inc. DBA: Wright's Oceanview Taxi, 29 A Canal Street, Westerly, Rhode Island, is hereby denied.

IT IS FURTHER ORDERED: That Oceanview Taxi cease and desist operations in any territory not specified in its certificate.

DATED AND EFFECTIVE AT PROVIDENCE, RHODE ISLAND THIS FOURTH DAY OF MARCH, 1998.