Order 15690 - Bay Taxi, Inc: Appl. to amend Taxi Certificate

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND 02903

DATE OF APPLICATION: May 14, 1998

DATE OF HEARING: June 30, 1998

COMMODITIES: TAXI

ORDER

By application filed with the Division of Public Utilities and Carriers by Bay Taxi, Inc., 70 Moccasin Drive, Warwick, Rhode Island, to amend taxicab certificate No. MC-T-268 from one taxicab to three taxicabs and to include the cities of Cranston and Warwick, including T. F. Green Airport. The current operating area for Bay Taxi is Providence, only.

A duly noticed hearing on the application was held on June 30, 1998 at 100 Orange Street, Providence, Rhode Island.

APPEARANCE:          David Campanella, Esq., for the Applicant

Kiley Parente, a shift supervisor at the Comfort Inn in Warwick, testified that she calls Bay Taxi to pick up people at the Inn and transport them to the bus or train station (Tr. 6/30/98, pgs. 23 and 26).

Robert Romano, owner of Bay Taxi, testified that he is already servicing the Warwick and Cranston areas (TR. 6/30/98, p. 27).

The daily logs for Bay Taxi (Applicant's Exhibit #2) indicate that Mr. Romano is picking up passengers in Warwick and Cranston.

FINDINGS

After a review of the record and testimony in this proceeding, the Division has determined that Mr. Romano is picking up passengers outside his designated service area which is in violation of 39-14-1 Section 7 of the General Laws, which states as follows:.

(7) "Taxicab" means and includes every motor vehicle for hire, other than a jitney as defined in Section 39-13-1, equipped with a taximeter, used for transporting members of the general public for compensation to any place within this state as may be directed by a passenger on a call and demand basis, when the solicitation or acceptance of the passenger occurs within the location named in the certificate; provided, that the vehicle's driver may, if and when solicited on a public highway at any location at which he or she is discharging a passenger, which location is not shown in the certificate, provide transportation from the location only to a place named in the certificate.

Predicated on the record before the Division, the Administrator has the legal authority to revoke or suspend Bay Taxi's current operating certificate. However, the Division finds that the violations of geographical authority was not done intentionally. Accordingly, the Division has decided to place Bay Taxi, Inc. on administrative probation for one year. During the probationary period, Bay Taxi shall fully comply with the authority conferred through its current operating certificate number (MC-T-268). At the conclusion of the probationary period, Bay Taxi may reapply with the Division for the expansion of authority sent herein, without prejudice.

Accordingly, it is

(15690) ORDERED:

That the application of Bay Taxi, Inc., 70 Moccasin Drive, Warwick, Rhode Island, seeking to amend Certificate No. MC-T-268 is hereby denied.

IT IS FURTHER ORDERED: That Bay Taxi cease and desist from picking up passengers out of his designated area.

DATED AND EFFECTIVE AT PROVIDENCE, RHODE ISLAND THIS THIRTY-FIRST DAY OF AUGUST, 1998.