Order 25612 - James Scales: Authority to Operate as a Public Motor Vehicle

 

STATE OF RHODE ISLAND

DIVISION OF PUBLIC UTILITIES AND CARRIERS

89 JEFFERSON BOULEVARD

WARWICK, RHODE ISLAND 02888

 

 

In Re:

____________________________________________

James V. Scales

168 Old Bulgarmarsh Road

Tiverton, Rhode Island 02878

 

Application For Authority to Operate as A Public Motor Vehicle Pursuant to R.I. Gen. Laws              § 39-14.1-4

____________________________________________

 

DOCKET No.: 26-MC-04

 

 

DECISION AND ORDER

 

Hearing Officer:         Gregory S. Schultz, Esq.

 

Hearing Held:             February 10, 2026

 

Appearances:               James V. Scales, Applicant   

                                   

 

I.                   INTRODUCTION

           On or about January 15, 2026, James V. Scales, 168 Old Bulgarmarsh Road, Tiverton, Rhode Island 02878 (“Applicant”), filed an application with the Rhode Island Division of Public Utilities and Carriers (“Division”) seeking a certificate of operating authority to operate as a public motor vehicle (“PMV”) pursuant to Rhode Island General Laws § 39-14.1-4 et seq. A duly noticed hearing on the application was held on February 10, 2026.

II.                JURISDICTION

The Division has jurisdiction over this matter pursuant to R.I. Gen. Laws § 39-14.1-2.

III.             DISCUSSION

R.I. Gen. Laws § 39-14.1-3 requires that an applicant be fit, willing, and able to provide services in the transportation of passengers in order to obtain a certificate of operating authority from the Division.

Mr. James V. Scales, testified as the Applicant. He stated that he has lived in Rhode Island for decades but was born in Pennsylvania. 

With respect to his experience in the transportation industry, Mr. Scales testified that he has worked as an Uber driver for approximately three years but now wishes to own and operate his own small PMV business.  He stated that, with this PMV certificate, he would like to provide PMV services to individuals in the Tiverton area.  Initially, Mr. Scales plans on using one vehicle to provide PMV services, with he being the sole driver.

A review of Mr. Scales’s Background Criminal Investigation check shows no Rhode Island criminal convictions. Mr. Scales testified that he has no criminal convictions in other states and no federal convictions.  Mr. Scales further testified that he has had no traffic violations within the last six (6) years.

No objections to this application have been made by any members of the public.

Mr. Scales was made aware of the requirements for PMV certificate holders in R.I. Gen. Laws § 39-14.1 et seq., as well as the Division’s Rules and Regulations Governing the Transportation of Passengers Via Public Motor Vehicles (815-RICR-50-10-4) and Rules and Regulations Governing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles and Public Motor Vehicles (815-RICR-50-10-3).

IV.             FINDINGS OF FACT

1.      On or about January 15, 2026, the Applicant filed an application with Division seeking a certificate of operating authority to operate as a PMV pursuant to Rhode Island General Laws § 39-14.1-3 et seq.

2.      A hearing was held on February 10, 2026, in the Division’s offices located at 89 Jefferson Boulevard, Warwick. The Applicant was not represented by counsel.

3.      Mr. Scales has multiple years of work history in the transportation industry as an Uber driver in Rhode Island.

4.      Mr. Scales’s driving record contains no traffic violations within the last six (6) years.

5.      Mr. Scales’s Background Criminal Investigation (BCI) check contains no Rhode Island criminal convictions or any other information that would adversely impact his ability to provide PMV services under the requested certificate of operating authority.

6.      Mr. Scales has no criminal convictions in other states and no federal convictions.

7.      No objections to this application have been made by any members of the public.

V.                CONCLUSIONS OF LAW

After a careful review of the record in this proceeding, the Division finds that the Applicant has met the burden of proving that it is fit, willing and able to provide the transportation services requested. 

Accordingly, it is

(25612) ORDERED:

1.      The application of James V. Scales, 168 Old Bulgarmarsh Road, Tiverton, Rhode Island 02878, seeking authority to operate as an PMV service provider within the State of Rhode Island is approved.

2.      Within ninety (90) calendar days of the effective date of this Decision and Order, and before commencing operations within the State of Rhode Island, the Applicant must accomplish the following: 

a.       The Applicant must hand deliver to the Division proof of financial responsibility (liability insurance) that conforms to the minimum insurance requirements set forth in R.I. Gen. Laws § 39-14.1-7

b.      The Applicant must register the vehicle(s) it intends to operate under its PMV Certificate of Operating Authority with the Motor Carrier Section of the Division of Public Utilities and Carriers. Each vehicle must be appropriately marked in accordance with the provisions of R.I. Gen. Laws § 39-14.1-6.

3.      The Applicant is reminded that it is responsible for ensuring that all of his drivers obtain a valid “Blue Card” (Hackney Operator’s Permit) from the Motor Carrier Section of the Division.

4.      In addition, the Applicant is reminded that it must comply with the provisions of Rhode Island General Laws § 39-14.1-5, which confers upon the Rhode Island Division of Motor Vehicles jurisdiction over the lighting, equipment, safety, and sanitary conditions of all public motor vehicles. An inspection by the Division of Motor Vehicles is required before these vehicles may be operated within Rhode Island.

5.       Finally, the Applicant is reminded that he must familiarize himself with all of the provisions of the Division’s Rules and Regulations Governing the Transportation of Passengers Via Public Motor Vehicles (815-RICR-50-10-4) and Rules and Regulations Governing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles, and Public Motor Vehicles (815-RICR-50-10-3), and ensure that his drivers and employees are familiar with these rules as well.

6.      If the conditions set forth in paragraph 2, above, are not met within ninety (90) calendar days from the issuance date of this Decision and Order, the approval granted herein will be of no further force and effect.

DATED AND EFFECTIVE AT WARWICK, RHODE ISLAND FEBRUARY 18, 2026.

 

Gregory S. Schultz, Esq.

Chief of Legal Services

Hearing Officer

I have read the Hearing Officer’s Decision and Order in this matter, and I hereby Adopt the Decision and Order.

 

Linda George

Administrator

 

 

 

NOTICE OF AVAILABILITY OF JUDICIAL REVIEW

(PROVIDED PURSUANT TO R.I. GEN. LAWS § 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.

 

 

Order 25612 - James Scales: Authority to Operate as a Public Motor Vehicle
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