Order 15574 - Jack's Allendale Towing Authority to Transport Motor Vehicles

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND

ORDER

DATE OF APPLICATION: 2/6/98

DATE OF HEARING: 3/12/98

COMMODITY: TOWING

By application filed with the Division of Public Utilities and Carriers, Patricia M. Voccola, 60 Argyle Street, Cranston, Rhode Island, seeks authority in the transportation of motor vehicles between points within Rhode Island.

APPEARANCE:

GREGORY J. SCHADONE, ESQ., for the Applicant

MARK A. CHARLESON, ESQ., for the Protestants

PROTESTS

Mr. Charleson filed petitions of protest from nine towers prior to the hearing. Eight of the protestants withdrew. Mr. Charleson indicated to the hearing officer that Branch Service, Inc. would be the only protester to testify in opposition to the application. Mr. Charleson stated in the notice of protest that besides the issue of public convenience and necessity, the tower questions the applicant's qualifications to be certified. However, there was no mention of qualification in the pre-filed testimony. Edward Flynn, General Manager of Branch Towing, testified in opposition to the application. However, after a review of the record it was determined that the petition referred to as a protest by Branch Towing was signed by the owner of Branch Service, Inc., who is not a certificate holder and is not a representative of Branch Towing. A review of the record also shows that the petition was filled out in June of 1992. It also has been determined that because Branch Towing did not follow Division procedures in filing a protest the testimony of Mr. Flynn will not be considered. Also, Mr. Charleson's cross examination of Mrs. Voccola will not be considered.

TESTIMONY

Mrs. Voccola testified that she plans to be responsible for all finances connected with the business. However, she did testify that because of her job with the City of Providence, she would not be able to run the day-to-day operation. She also testified that she applied for the certificate rather than her husband because he was convicted of a felony.

Examination by Mr. Schadone:

Q. And will you handle the company's finances?

A. Yes, I will.

Q. Will there be anyone else handling the company's finances?

A. No. (Tr. 3/12/98, p. 14)

Examination by Mr. Stevenson:

Q. Mrs. Voccola, do you work full time for the city of Providence?

A. About 30 hours a week.

Q. With a 30 hour a week job for the city of Providence, how do you plan to operate the business?

A. After hours, and once he gets a business going, then I plan not working for the city of Providence, just for the company.

Q. Since your husband was the certificate holder before, why didn't he apply for the certificate?

A. Because he was convicted a couple of years ago of a felony and we didn't think it would be passed under his name.

Q: Is he going to run the business or are you going to run the business?

A. I'm going to run the business. He is going to operate the truck. (Tr. 3/12/98, pgs. 15 and 16).

Further examination by Mr. Stevenson:

Q. You said you will handle the dispatch; you will have to be at the company. Your are to be working for the City of Providence. How do you plan to do that?

A. I think what we'll do is forward the phone to a portable cell phone.

Q. And you will receive the calls at the place where you work?

A. They will be directed to the flat bed.

Q. So that will be -- won't be you; somebody else will be taking the calls?

A. Yes.

Q. What about dealing with the public? Sometimes there are complaints from the public. People come into the office, they have to deal with the towing company if their car is towed, if there is a police tow. They won't be dealing with you, they'll be dealing with your husband?

A. Well, we plan on doing mostly auction work and dealers work, you know, not private venders; that won't be our sole type of towing. So it's really a different type of towing than it was years ago that we had. (Tr. 3/12/98, pgs. 31 and 32).

FINDINGS

After a review of the record, the Division has determined through the testimony of Mrs. Voccola that she will be unable to conduct a towing operation while working full time for the city of Providence. Mrs. Voccola testified that she would handle the financial matters of the company, but that Robert Voccola would handle the daily operation by use of call forwarding to a cellular phone in the truck that he drives. Mrs. Voccola testified that "once he gets a business going, then I plan not working for the city of Providence, just for the company" (Tr. 3/12/98, p. 15). The Division must point out that a primary concern is the interest of the public. Handling the financial aspects of the company is only one aspect of running the business. A central component is dealing with the public on a daily basis. Mrs. Voccola will be unable to do this critical ingredient while working for the City. It is evident by the testimony of Mrs. Voccola that she applied for the certificate only because of her husband's criminal record, and he will be the person operating the business while she is working for the city of Providence. Had the situation been such that that the applicant was Robert Voccola the evidence would dissuade the Division from granting authority due to his felony conviction. Furthermore, the Division finds that the application is nothing more than Robert Voccola applying by proxy.

Accordingly, it is

(15574) ORDERED:

That the application filed by Patricia M. Voccola, dba: Jack's Allendale Towing, Inc., 1470 Park Avenue, Cranston, Rhode Island, is hereby denied.

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