CPUC Investigations Result In Enforcement Actions and Fines Imposed on Various Limousines, Shuttles, and Bus Companies

California Public Utilities Commission
505 Van Ness Ave., San Francisco

______________________________________________________________________________FOR IMMEDIATE RELEASE PRESS RELEASE Media Contact: Terrie Prosper, 415.703.1366, news@cpuc.ca.gov

CPUC INVESTIGATIONS RESULT IN ENFORCEMENT ACTIONS
AND FINES IMPOSED ON VARIOUS LIMOUSINES, SHUTTLES,
AND BUS COMPANIES

SAN FRANCISCO, May 4, 2012 - The California Public Utilities Commission (CPUC), in its ongoing commitment to consumer protection, took a number of actions during the first quarter of 2012 to protect consumers from illegally operating passenger carriers.

The CPUC took the following enforcement actions against limousine, bus, and shuttle companies for violations of the Public Utilities Code and CPUC rules and regulations, including General Orders 115-F and 157-D.

Administrative Citations

Fourteen companies were cited and fined a total of $33,450 for one or more of these violations:

1. Advertised a revoked permit number.

2. Engaged employees without procuring evidence of workers' compensation insurance.

3. Failed to enroll and/or pre-employment test drivers in a mandatory drug and alcohol program.

4. Failed to enroll drivers in DMV Pull Notice program.

5. General Order 157-D violation (failed to maintain a current equipment list, no sub-carrier agreement, or incomplete waybills).

6. Operated without a valid authority (suspended or unlicensed).

7. Operated vehicles that are not insured at the required minimum level of public liability and property damage insurance.

8. Failed to properly report gross revenue earned.

9. Illegal display of charter-party carrier identification.

Companies cited:

1. Marco Tulio Candiotto dba MySFLimo.com, San Bruno (TCP 23221)

2. Jesus Vega Jr. dba Vega One Productions, Bell (TCP 23321)

3. Nora Limo Service, Inc., Mission Viejo (TCP 20105)

4. Yin Hua Kong and Akiko Hirai-Kong, San Rafael (TCP 13845, 27288)

5. Richard Bernard Marchasin dba City Riches Transportation (TCP 23694)

6. Interstate Limousine LLC, Roseville (TCP 23426)

7. Elegance Limousine and Transportation, Inc., Wilton (TCP 18112)

8. Allied Airbus Inc., Millbrae (TCP 27436)

9. Dominic Orlando Cabrera dba American Passenger Services (TCP 28250)

10. Hyter Development Company Inc., Newport Beach (Unlicensed)

11. Best Way Limo, Inc. dba Grand Affaire Limo, Hayward (TCP 20815)

12. Five Star Tours and East Bay Limousine, Pinole (TCP 20738)

13. San Diego Luxury Transportation Inc., San Diego (TCP 19933)

14. Peter Do dba Phat Tai Tours, Santa Ana (TCP 21250)

Criminal Filing

Following is a status update on a criminal case previously filed:

Limoryde USA Inc., dba Vipryde Limousine, Elegant Ride Limousine, Rush Limousine Group, Tujunga (TCP 21940); Complaint # OCA0117 - This carrier is charged with failing to perform reasonable service (33 counts), operating after permit suspension (nine counts), failing to enroll drivers in the DMV Pull Notice Program (two counts), failing to enroll drivers in a mandatory controlled substance and alcohol testing certification program (two counts), and failing to report all vehicles operated (eight counts). On March 3, 2011, the defense attorney indicated Fadi Moussaoui is willing to reimburse all the victims and plea no contest if his wife's involvement in the matter is dismissed. Update: On March 27, 2012, the defendant submitted a cashier's check in the amount of $5,000 to cover payments for some of the victims.

Telephone Disconnections

As part of its ongoing efforts to clamp down on illegal passenger carriers, the CPUC had telephone service shut off to one company operating in California without a permit. This company continued to engage in the business of transporting passengers, notwithstanding CPUC staff directives to immediately cease and desist unlawful acts and to obtain a transportation charter party authority:

At Your Service Limousine Inc., Elk Grove (TCP16587) acting in concert with Elegance Limousine and Transportation Inc., Wilton (TCP 18112) - This carrier operated as a charter-party carrier of passengers without authority. Waybills and correspondence to clientele listed three phone numbers. Notwithstanding a previous Finding of Probable Cause and the termination of four telephone numbers and subsequent CPUC staff Cease and Desist letters, the carrier has continued to violate the law with the assistance of Elegance Limousine. On February 22, 2012, CPUC staff obtained a Finding of Probable Cause signed by a Sacramento County Superior Court Judge. The Finding ordered disconnection of telephone service to three telephone numbers used by the carrier to violate criminal laws in the State of California.

Enforcement Actions at Los Angeles World Airport (LAWA):

o Number of citations issued by LAWA police (unlicensed operations only): 32

o Number of vehicles impounded: 31

Official Notice

Six companies were issued an Official Notice for one or more of these violations:

1. Engaged drivers prior to enrollment in the DMV pull notice and drug and alcohol programs.

2. Advertised and operated without authority (prior to issuance, expired, or suspended).

3. Conducted operations at an airport without holding an airport permit.

4. Engaged drivers without workers' compensation insurance on file and in effect.

5. Failed to include TCP authority number in advertisements.

6. Failed to update equipment list.

7. Incomplete or no waybills.

8. Knowingly and intentionally filed a false report that understates revenues and fees.

Companies receiving an Official Notice:

1. Adam Hall dba Sunrider Tours, Temecula (TCP 27591)

2. Royal Flush Limousine & Sedan LLC, North Hills (TCP21348)

3. Denise Anderson dba DaVine Wine Tours, Windsor (Unlicensed)

4. Ed Paniagua & Florivic Paniagua, Bay Point. (Unlicensed)

5. ATP Enterprises Inc. dba Wings Limousine, Los Angeles (TCP-20044)

6. Navid Behradian dba Private Transporter, San Diego (TCP 27607

Refunds and Settlement Claims
Seven companies agreed to refund monies to consumers for service related complaints:

1. Rockstar Limo LLC dba Rockstar Limos, San Diego (TCP 21398)

2. American Chauffeured Transportation, Los Angeles (TCP 18949)

3. Party Naked LLC dba Dekan Pacific Limo Bus, San Diego (TCP 27931)

4. Rideshare Port Mgt. dba Prime Time Shuttle, Inglewood (TCP 11415)

5. A1 Preferred LLC, Temecula (TCP 16778)

6. West Coast Moving and Storage LLC, Indio (MTR 189598)

7. George H. Bateman III dba Best One Limousine and Airport Service, Corona (TCP 19128)

Cease and Desist Notices

Twenty-eight companies were issued a cease and desist notice for the violation of operating and/or advertising without a valid charter-party authority (unlicensed, suspended, revoked, denied, or expired).

Companies issued a C&D notice:

1. King Limousine Service, Inc., Anaheim (TCP 20789)

2. X-Otica Limousine, Fresno (Unlicensed)

3. Horace Copeland dba California Miraj, San Diego (Unlicensed)

4. Cal Tours Inc. dba California Sun Line, Chatsworth (TCP 18619)

5. Payma Management System, San Diego (TCP 15330)

6. Mike Pankow dba Pankow's Family Car, Shingle Springs (Unlicensed)

7. George Bateman III dba Best One Limousine, Corona (TCP 19128)

8. Trail Discovery Hiking Tours, Palm Springs (Unlicensed)

9. Alive Transportation Inc., San Diego (TCP 24307)

10. Leones Tours LLC dba LA Shuttles, Santa Ana (PSC 26019)

11. Fox Express LLC, Lynwood (TCP 21536)

12. Carlton Plaza of San Jose LLC, San Jose (Unlicensed)

13. Lynn Breedlove dba Homobiles, San Leandro (Unlicensed)

14. Dependable Valley Towncar, North Hollywood (TCP 19019)

15. Superior Limousine and Transportation, Hawthorne (TCP 23589)

16. Ed Paniagua & Florivic Paniagua, Bay Point (Unlicensed)

17. Viaggio Estate & Winery, Lodi (Unlicensed)

18. O.A.R.S. West Inc., Angles Camp (TCP 22913)

19. Blue Line Limo, Riverside (TCP 19076)

20. Elite Transportation & Protective Services Inc., Beverly Hills (TCP 24247)

21. ATP Enterprises Inc., dba Wings Limousine, Los Angeles (TCP-20044)

22. Santa Barbara Limo Network LLC (PSG 27618)

23. Ron Durham, DBA My First Choice Limousine, Campbell (Unlicensed)

24. KGM Productions Inc., Chatsworth (Unlicensed)

25. Rivers Edge Kayak & Canoe Trips LLC, Sebastopol (TCP 20132)

26. Cody Osborne dba Intrigue Limousine, Antelope (Unlicensed)

27. Classi Transportation and Car Service, Palm Springs (Unlicensed)

28. Santa Barbara Limo Bus LLC, Santa Barbara (TCP-21820-Revoked)

For more information on the CPUC, please visit www.cpuc.ca.gov.

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