STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DIVISION OF PUBLIC UTILITIES AND CARRIERS
89 JEFFERSON BOULEVARD
WARWICK, RHODE ISLAND 02888
| In Re: | Bonanza Cab, Inc. (MC-T-187) 3221 South Atlantic Avenue Daytona Beach, Florida 32118 Transferor MV Transportation LLC 96 Bellevue Avenue Providence, Rhode Island 02907 Transferee Application To Transfer Taxicab Certificate Of Public Convenience And Necessity MC-T-187 For Three (3) Taxicabs Operating In Providence, Cranston, Johnston and North Providence Pursuant To R.I.G.L. § 39-14-25 |
Docket No. 12 MC 56
Hearing Date: August 27, 2012
On August 2, 2012, Bonanza Cab, Inc., a domestic for profit corporation operating out of 3221 South Atlantic Avenue, Daytona Beach, Florida 32118 (MAILING ADDRESS: 1119 Chalkstone Avenue, Providence, Rhode Island 02908) (the “Transferor”), and MV Transportation LLC, a domestic limited liability company operating out of 96 Bellevue Avenue, Providence, Rhode Island 02907 (MAILING ADDRESS: P.O. Box 29315, Providence, Rhode Island 02907) (the “Transferee”), filed an application with the Rhode Island Division of Public Utilities and Carriers (“Division”), seeking authority to transfer Certificate of Public Convenience and Necessity (“CPCN” or “certificate”) number MC-T-187. CPCN number MC-T-187 authorizes the holder thereof to engage in the transportation of passengers and their baggage, via taxicab, from points within the following locales: Providence, Cranston, Johnston and North Providence, all in Rhode Island; it authorizes the use of three (3) taxicabs.[1] The application was filed in accordance with the requirements of R.I.G.L. §39-14-25.
The following individuals entered appearances at the hearing:
Appearances:
David Gentile, Esq.
For the Transferor
David M. Campanella, Esq.
For the Transferee
The transfer of taxicab certificates is governed by R.I.G.L. § 39-14-25. That statute provides, in pertinent part:
…A proposed transfer of a certificate shall be approved only if the administrator finds the transferee to be fit, willing, and able, financially and otherwise, to render the service described and authorized in the certificate; further, the administrator shall only reissue and transfer a certificate upon evidence that the transferor of the certificate has, during the six (6) month period immediately prior to receipt of the transfer application…been rendering the service authorized by the certificate.
Thus, each party to the transfer has something to prove. MV Transportation LLC, the Transferee, has to prove its fitness to hold and operate taxicab CPCN number MC-T-187. Bonanza Cab, Inc., the Transferor, has to prove that it has been providing taxicab services in Providence, Cranston, Johnston and North Providence, in Rhode Island, during the period of time from February 3, 2012, through August 2, 2012 (the date on which the transfer application was filed).[2] Should either party fail to satisfy the Division as to their particular issue, the transfer application must be denied.
The record in this docket reflects that the Transferor, Bonanza Cab, Inc., has been providing regular taxicab services pursuant to the authority conferred under CPCN number MC-T-187. Therefore, the Division finds that CPCN number MC-T-187 is not dormant within the meaning of R.I.G.L. § 39-14-26 and may be transferred.
With respect to the proposed Transferee, MV Transportation LLC, the record establishes that the Transferee is fit, willing and able to provide the taxicab services authorized under CPCN number MC-T-187.
The Division notes that, under R.I.G.L. §§ 39-1-23, 39-3-14 and 39-14-2, and Rule K of the Division’s Rules and Regulations Governing the Transportation of Passengers Via Taxicabs and Limited Public Motor Vehicles, all certificate holders are required to file an annual report on or before April 15 of each year reflecting, among other things, the certificate holder’s total operating revenue for the previous calendar year. The Transferor must submit its annual report for calendar year 2011, as well as an annual report for calendar year 2012 covering all operating revenues realized by it from January 1, 2012, through the prospective date of transfer (the Division acknowledges that some estimates may be necessary for the latter), so that the Division may determine whether or not an assessment must be collected from the Transferor prior to consummation of the transfer (the letter of consummation submitted by the Transferee should address which party will be obligated to pay any assessments and, if it is to be the Transferor, a cashier’s check or money made out to the Division of Public Utilities and Carriers in the amount of the assessment should be attached to the letter of consummation.[3]) Payment of the Transferor’s 2011 and 2012 assessments is required prior to consummations of the transfer approved by this Report and Order.
Finally, the Division notes that Division Report and Order number 20754, dated and effective June 22, 2012, in Division Docket number 12 MC 21, contains the following directives pertinent to this transfer:
1.b. That Bonanza Cab may seek authority for the transfer of its taxicab certificate, MC-T-187, to authorize the operation of only three (3) taxicabs, to a new certificate holder (“Transferee”) within the six (6) month period outlined in “a”, above. Any such transfer shall be subject to the discretion of the Division and its applicable Rules and Regulations.
1.c. That Bonanza Cab shall be assessed a Civil Fine payment of ten thousand dollars ($10,000.00), which shall be PAID IN FULL to the Division as a condition precedent to obtaining the Division’s permission for a transfer of Bonanza Cab’s Certificate of Public Convenience and Necessity number MC-T-187, as outlined in paragraph “b”, above. The Civil Fine shall be paid by check or money order made out to the Rhode Island Division of Public Utilities and Carriers prior to consummating any certificate transfer approved in accordance with paragraph “b”, above.
Thus, the Division may only approve the transfer of authority to operate three (3) taxicabs under CPCN MC-T-187, and as a condition precedent to consummating any transfer of that certificate, Bonanza Cab, Inc., the Transferor, must first pay to the Division the full ten thousand dollar ($10,000.00) fine imposed by that Report and Order.
Accordingly, it is
(20802) ORDERED:
1. That the August 2, 2012, taxicab transfer application filing by Bonanza Cab, Inc., a domestic for profit corporation operating out of 3221 South Atlantic Avenue, Daytona Beach, Florida 32118 (MAILING ADDRESS: 1119 Chalkstone Avenue, Providence, Rhode Island 02908) (the “Transferor”), seeking authority to transfer CPCN number MC-T-187 to MV Transportation LLC, a domestic limited liability company operating out of 96 Bellevue Avenue, Providence, Rhode Island 02907 (MAILING ADDRESS: P.O. Box 29315, Providence, Rhode Island 02907) (the “Transferee”), is hereby approved.
2. The Division’s approval is subject to fulfillment of the following terms and conditions by no later than close of business (4:00 p.m.) Thursday, November 29, 2012:
a. The Transferor shall file its annual report for calendar year 2011, and obtain approval of the Division’s Investigative Auditor for the annual report, prior to consummation of the transfer or by October 15, 2012, whichever comes first. The Transferor shall also file an annual report for calendar year 2012 covering all operating revenues realized by it from January 1, 2012, through the prospective date of transfer and obtain approval of the Division’s Investigative Auditor for that annual report, prior to consummation of the transfer. The Division acknowledges that some portion of the operating revenues for calendar year 2012 through the date of transfer may have to be based on estimated operating revenues.
b. The Transferor shall hand deliver to the Division a certified check or money order made out to the Rhode Island Division of Public Utilities and Carriers in the amount of ten thousand dollars ($10,000.00) prior to, or at the same time as, the Transferee presents to the Division the letter of consummation described in paragraph “c”, below.
c. The Transferee shall hand deliver to the Division a letter of consummation executed by the Transferor and Transferee. (The letter of consummation submitted by the Transferee should address which party will be obligated to pay any estimated assessments for calendar year 2011 and for calendar year 2012 to date, and, if it is to be the Transferor, a cashier’s check or money made out to the Division of Public Utilities and Carriers in the amount of the assessment shall be attached to the letter of consummation. The Transferor and Transferee should contact the Division’s Investigative Auditor at least one week prior to the prospective date of transfer and provide him with the Transferor’s annual reports for calendar years 2011 and 2012 so that the Investigative Auditor may calculate any estimated assessments.)
d. The Transferee shall file with the Division proof of financial responsibility consistent with the minimum requirements of R.I.G.L. §39-14-18.
e. The Transferee must register with the Division the taxicabs intended to be used in the operation of its business ($20.00 fee per vehicle).
3. Upon satisfactory completion of the aforementioned terms and conditions, a CPCN shall be issued. The Transferee shall not perform any of the transportation services authorized through this Report and Order until all of the aforementioned terms and conditions have been satisfied and the Motor Carrier Section of the Division physically issued a new CPCN to the Transferee.
4. If the terms and conditions outlined in above paragraphs 2(a), 2(b), 2(c), 2(d), and 2(e), above, are not satisfied prior to close of business (4:00 p.m.) Thursday, November 29, 2012, the approval granted herein will be of no further force and effect.
5. The Transferee’s business address must remain at the same location as listed on the application unless otherwise approved by the Division.
6. The Transferee is expected to familiarize itself with the Division’s “Rules and Regulations Governing The Transportation of Passengers Via Taxicabs and Limited Public Motor Vehicles ” (“Taxi Rules”); and the “Rules and Regulations for Licensing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles and Public Motor Vehicles” (“Operator Rules”) and observe such Rules in the conduct of its regulated transportation services. A copy of the Taxi Rules and Operator Rules may be obtained through the Clerk of the Division’s Motor Carrier Section.
DATED AND EFFECTIVE AT WARWICK, RHODE ISLAND, AUGUST 29, 2012.
| | ______________________________ William K. Lueker, Esq. Deputy Chief of Legal Services Hearing Officer |
| APPROVED: | ______________________________ Thomas F. Ahern Administrator |
(PROVIDED PURSUANT TO R.I.G.L. §42-35-12)
Please be advised that if you are aggrieved by this final decision (report and order) of the Rhode Island Division of Public Utilities and Carriers (“Division”) you may seek judicial review of the Division’s final decision by filing an appeal with the Rhode Island Superior Court. You have thirty (30) days from the mailing date (or hand delivery date) of the Division’s final decision to file your appeal. The procedures for filing the appeal are set forth in Rhode Island General Laws, Section 42-35-15.
Proceedings for review may be instituted by filing a complaint in the Superior Court of Providence or Kent Counties. Copies of the complaint must be served upon the Division and all other parties of record in your case. You must serve copies of the complaint within ten (10) days after your complaint is filed with the Superior Court.
Please be advised that the filing of a complaint (appeal) with the Superior Court does not itself stay enforcement of the Division’s final decision. You may however, seek a stay from the Division and/or from the Court.
The judicial review shall be conducted by the Superior Court without a jury and shall be confined to the record. The Court, upon request, shall hear oral argument and receive written briefs.
[1] Technically, CPCN MC-T-187 currently authorizes the operation of four (4) taxicabs in the specified territories, not three (3). However, Division Report and Order number 20754, dated and effective June 22, 2012, in Division Docket number 12 MC 21, approved a settlement agreement in which Bonanza Cab, Inc., in order to resolve a number of allegations of rule violations made against it by the Advocacy Section of the Division, agreed that it would only be allowed to transfer three (3) taxicabs on this certificate. For that reason, we are treating CPCN MC-T-187 as authorizing the operation of only three (3) taxicabs for purposes of this transfer application.
[2] Joint Exhibit 1.
[3] The Transferor and Transferee shall ask the Division’s Investigative Auditor, Mr. Anthony Manni, to calculate the amount of any estimated assessments at least one week prior to the prospective date on which the transfer is to be consummated.