Order 15752 - Jose Nunez: Appl. for Certificate to Operate a Taxi Service

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND 02903

DATE OF APPLICATION: 10/8/98

DATE OF HEARING: 11/15/98

COMMODITY: Passengers

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 passengers and their baggage in Pawtucket, Central Falls and T. F. Green Airport to destinations throughout Rhode Island. A duly noticed hearing on the application requesting operation of six taxicabs was held at 100 Orange Street, Providence, Rhode Island on November 5, 1998.

APPEARANCES:

Stephen T. Voccola, Esq. for the Applicant

David D. Barricelli, Esq., for Intervenor, Quality Cab, Inc.

Mr. Nunez testified that he worked for two bus lines in Providence as a dispatcher. He also said he worked as a dispatcher for Dominican Taxi in Providence and for Leo's Taxi in Central Falls. Under cross-examination Mr. Nunez testified that he never read the Division rules and regulations concerning taxicabs and that he was not familiar with the General Laws (Chapter 39-14) that is the basis for taxicab regulation.

A. Yeah." (TR. 11/5/98, pg. 65 and 66)

Ms. Bernal testified that the majority of people who come to Progresso Latino only speak Spanish. She said she calls Quality Cab for these people and that it takes thirty-five to forty minutes (TR. 11/5/98, pgs. 98 and 99).

Under cross-examination, Ms. Bernal testified that her organization never filed a complaint regarding response time with the Division. She also said she never called the other taxi service in Central Falls who had employees that spoke both Spanish and English.

Robert Ferguson of Quality Cab and Madalena Andreozzi of Executive Transportation, spoke in opposition to the application.

Both witnesses testified that they had no problem giving service in the area and felt they were giving adequate service to the Hispanic population.

FINDINGS

The Division has determined that the Applicant did not present sufficient evidence to satisfy the requirement of public necessity and convenience. The main thrust of testimony by the Applicant's witness is that, on occasion, people had to wait thirty to forty-five minutes for a cab. However, they did not attempt to contact the Spanish speaking taxi service in the area. Testimony on the record, by Mr. Nunez, that he never read the statute or rules and regulations concerning taxicab regulation and that he had no basis to start a business with six taxicabs certainly brings into question whether he is fit, willing and able.

He also said he applied for six taxicabs because "I think six is good to start with" (TR. 11/5/98, pgs. 19, 20 and 48).

Cesar Ballesderos, who operates a telebeeper communication business in Warwick, and Carolena Bernal, a Community Organizer at Progresso Latino in Central Falls, testified in support of the application.

Mr. Ballesderos testified that he calls for taxicabs for his customers who only speak Spanish. He testified that he calls Quality Cab and it takes thirty-five to forty-five minutes for service. Mr. Ballesderos' testimony was somewhat contradictory, but he did appear to be satisfied with the cab service.

Q. "Have you personally used the services of Quality Cab?

A. Me personally?

Q. Yes, for you.

A. For me?

Q. Yes.

A. Yeah.

Q. Approximately how many times in the last twelve months have you done this?

A. In twelve months?

Q. Yes.

A. About ten, fifteen times, I think.

Q. And you have been satisfied with the service that was given to you?

A. Yeah.

Q. You've been satisfied?

The Division has determined that the Applicant is not, fit, willing and able and that he did not satisfy the burden of proof on the requirement of public necessity and convenience.

Accordingly, it is

(15752) ORDERED:

That the application filed by Jose Nunez, 3399 Post Road, Warwick, Rhode Island seeking authority as a common carrier in the transportation of passengers and their baggage in Pawtucket, Central Falls and T. F. Green Airport to destinations throughout Rhode Island is hereby denied and dismissed without prejudice.

DATED AND EFFECTIVE AT PROVIDENCE, RHODE ISLAND THIS 16th DAY OF DECEMBER, 1998.