Order 15717 - Jack's Allendale Towing: Appl. to Operate a Towing Business

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND 02903

DATE OF APPLICATION: 8/21/98

DATE OF HEARING: 9/15/98

COMMODITY: Motor Vehicles

REPORT AND ORDER

LET IT BE KNOWN, that the Applicant listed above filed an application with the Division of Public Utilities and Carriers seeking authority as a common carrier in the transportation of motor vehicles by irregular routes throughout Rhode Island. A duly noticed hearing on the application was held at 100 Orange Street, Providence, Rhode Island.

APPEARANCES:

Patricia Voccola, pro se, for the Applicant/Corporation

Elizabeth Kelleher, Special Assistant Attorney General, for the Advocacy Section

Mrs. Voccola applied for a towing certificate on February 6, 1998 that was denied after a duly noticed hearing. (See Order No. 15574, issued on March 30, 1998.) The Division determined, after hearing evidence, that Mrs. Voccola was working full time for the city of Providence and could not devote the time necessary to operate a towing business (Order No. 15574, pp. 4-5). The Division also found that it would be improper for Mrs. Voccola's husband to operate the business in her absence. The Division predicated this finding on Mr. Voccola's felony conviction record (Id.).

During a hearing on the instant application, Mrs. Voccola testified that she has had fifteen years experience in the towing business (TR. 9/15/98, p.4). She also related that she left full time employment in April of this year and plans to devote full time to the towing operation (TR. 9/15/98, p. 10). Mrs. Voccola also testified that she plans to run the business from Cranston or Providence and plans to lease property in one of those areas.

No Protestants appeared at the hearing.

FINDINGS

After a review of the evidence and testimony in the proceeding, the Division has determined that the Applicant is fit, willing and able to operate the business described in the application.

The Division also finds, as it did previously in Order No. 15574, supra, that it would not be in the public interest to have Mrs. Voccola's husband participate in the management of a certificated towing company in Rhode Island. The Division again bases this decision on Mr. Voccola's felony conviction record, a record which would not permit the Division to confer a towing certificate in his name or to a company in which Mr. Voccola had a proprietary or management interest. Accordingly, as a condition of the issuance of the certificate requested, Mr. Voccola shall be forever barred from participating in the ownership, management or control of the towing operation authorized through the granting of the instant application.

Accordingly, it is

(15717) ORDERED:

That the Applicant listed above, having applied for authority to transport the item(s) listed above, between points in Rhode Island, hereby receives authority subject to the terms and conditions listed on Appendix A, which is hereby incorporated by reference. If the conditions contained on Appendix A are not met within 60 days from the date of this order, the approval herein granted will be of no further force and effect. Upon satisfactory completion of the terms and conditions contained in Appendix A, a certificate of operating authority shall be issued. No transportation services shall be provided until such time as said certificate is issued.

IT IS FURTHER ORDERED: That the Applicant must provide the Division a copy of the lease or purchase agreement for the property to be used in the towing business.

IT IS FURTHER ORDERED: That the Applicant shall not employ Mrs. Patricia Voccola's husband in a management capacity or allow him to purchase an ownership interest in the Applicant/Corporation. A violation of this requirement may result in the summary suspension or revocation of operating authority.

DATED AND EFFECTIVE AT PROVIDENCE, RHODE ISLAND THIS TWENTY-EIGHTH DAY OF OCTOBER, 1998.