PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Consumer Protection and Safety Division |
RESOLUTION TL-19069 January 12, 2006 |
R E S O L U T I O N
RESOLUTION GRANTING A PASSENGER STAGE CORPORATION CERTIFICATE TO TRANSPORTES INTERCALIFORNIAS, INC.
Transportes Californias, Inc. (Applicant), a corporation, holds a certificate issued by the Federal Motor Carrier Safety Administration (FMCSA) to operate as a common carrier of passengers in interstate, intrastate, and foreign commerce (Docket MC 191623 Sub 3). Under terms of the certificate, Applicant may operate intrastate service only if it also provides substantial regularly scheduled interstate passenger transportation service on the same route. Further, in accordance with Title 49, United States Code, § 13902(b)(5), Applicant must take such action as is necessary to establish rates, rules, and practices under applicable State law.
Applicant has informed the Commission of its intention to conduct scheduled intrastate service in California over the same routes it regularly provides interstate service. It requests the Commission to issue a passenger stage corporation (PSC) certificate authorizing intrastate service pursuant to the provisions of Pub. Util. Code § 1032.5, which states:
"The Commission shall issue a certificate pursuant to this article to every passenger stage corporation which conducts intrastate passenger transportation service pursuant to federal operating authority, to the extent that regulation of these operations is not preempted by the federal Bus Regulatory Reform Act of 1982 (P.L. 97-261), as amended. The Commission may attach any conditions or limitations to the issuance of the certificate which it may specify, consistent with federal law and regulation."
Notice of the filing of the application appeared in the Commission's Daily Calendar on November 28, 2005. No protest has been received. This is an uncontested matter in which the resolution grants the relief requested. Accordingly, pursuant to Pub. Util. Code Section 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
FINDINGS
1. Applicant holds a certificate from the FMCSA to operate as a common carrier of passengers in interstate, intrastate, and foreign commerce under Docket MC 191623 Sub 3.
2. Applicant intends to conduct scheduled intrastate passenger transportation service in California on routes over which it regularly provides interstate service.
3. Applicant has requested issuance of a PSC certificate under the provisions of Pub. Util. Code § 1032.5.
4. Applicant's request should be granted.
THEREFORE, IT IS ORDERED that:
1. A certificate of public convenience and necessity is granted to Transportes Intercalifornias, Inc. (Applicant), pursuant to Pub. Util. Code § 1032.5, authorizing it to operate as a passenger stage corporation, as defined in Pub. Util. Code § 226, over the routes set forth in Appendix PSC-19763.
2. Applicant shall:
a. File a written acceptance of this certificate within 30 days after this resolution is effective.
b. Establish the authorized service and file tariffs and timetables within 120 days after this resolution is effective. Tariffs and timetables shall become effective ten days or more after the effective date of this resolution, provided that the Commission and the public are given not less than ten days' notice.
c. Comply with General Orders Series 101 and 158, and California Highway Patrol (CHP) Safety rules.
d. Comply with the Commission's controlled substance and alcohol testing certification program pursuant to Pub. Util. Code § 1032.1 and General Order Series 158.
e. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 423 when notified by mail to do so.
f. Comply with Pub. Util. Code §§ 460.7 and 1043, relating to the Workers' Compensation laws of this state.
g. Enroll all drivers in the Pull Notice System as required by Vehicle Code § 1808.1.
3. Applicant is authorized to begin operations on the date that the Consumer Protection and Safety Division mails a notice to Applicant that the documents required by Ordering Paragraph 2 have been filed with the Commission and that the CHP has approved the use of Applicant's vehicles for service.
4. The certificate to operate as PSC-19763, granted herein, expires unless exercised within 120 days after the effective date of this resolution.
This resolution is effective today.
I certify that the foregoing resolution was duly introduced, passed, and adopted by the Commission at its regularly scheduled meeting on _______________. The following Commissioners voted favorably thereon:
____________________________________
STEVE LARSON
Executive Director
Appendix PSC-19763 Transportes Intercalifornias, Inc. Original Title Page
(a corporation)
CERTIFICATE
OF
PUBLIC CONVENIENCE AND NECESSITY
AS A PASSENGER STAGE CORPORATION
PSC-19763
-------------------------------
Showing passenger stage operative rights, restrictions,
limitations, exceptions, and privileges.
-------------------------------
All changes and amendments as authorized by
the Public Utilities Commission of the State of California
will be made as revised pages or added original pages.
-------------------------------
Appendix PSC-19763 Transportes Intercalifornias, Inc. Original Page 1
(a corporation)
I N D E X
Page
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,
LIMITATIONS, AND SPECIFICATIONS 2
SECTION II. ROUTE DESCRIPTIONS 3
Appendix PSC-19763 Transportes Intercalifornias, Inc. Original Page 2
(a corporation)
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS, LIMITATIONS, AND SPECIFICATIONS.
Transportes Intercalifornias, Inc., a corporation, by the certificate of public convenience and necessity granted by the resolution noted in the foot of the margin, is authorized to transport passengers and their baggage on a scheduled basis over the routes described in Section II, subject, however, to the authority of this Commission to change or modify this authority at any time and subject to the following provisions:
A. When a route description is given in one direction, it applies to operation in either direction unless otherwise indicated.
B. A description of all the stop points to board or discharge passengers and the arrival and departure times from such points shall be indicated in the timetable filed with the Commission. The tariffs shall include the description of the boundary of each fare zone, except when a single fare is charged to all points within a single incorporated city.
C. Carrier is authorized to serve all intermediate points on Routes 1 through 5 described in Section II.
D. This certificate does not authorize the holder to conduct any operation on the property of any airport unless such operation is authorized by the airport authority involved.
Appendix PSC-19763 Transportes Intercalifornias, Inc. Original Page 3
(a corporation)
SECTION II. ROUTE DESCRIPTIONS.
Route 1 From Los Angeles over Highway I-5 to the junction with Highway I-205, east of Tracy, then over Highway I-205 to the junction with Highway I-580, then over Highway I-580 to Oakland, then over Highway I-80 to San Francisco.
Route 2 From the junction of Highway I-5 and Highway 99 at or near Wheeler Ridge over Highway 99 to Sacramento.
Route 3 From Visalia over Highway 198 to Goshen.
Route 4 From the junction of Highway I-5 and Highway 33 over Highway 33 to Los Banos, then over Highway 152 to Gilroy.
Route 5 From Salinas over Highway 101 to San Jose.
