BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the matter of the Order Instituting Investigation into the operations and practices of Bill Dennis and Gloria Dennis a Partnership doing business as Tour Designs, Respondents.	FILED PUBLIC UTILITIES COMMISSION MAY 8, 2003 SAN FRANCISCO OFFICE I.03-05-011

ORDER INSTITUTING INVESTIGATION WHETHER TOUR DESIGNS RENEWAL APPLICATION FOR OPERATING AUTHORITY

SHOULD NOT BE DENIED

The California Public Utilities Commission [Commission or CPUC] regulates intrastate passenger carrier transportation operations on the public highways pursuant to the California Constitution, (Article XII), by Public Utilities (PU) Code Sections 1031 et seq., the Passenger Charter-Party Carriers' Act (Public Utilities Code Sections 5351, et seq.), and Commission General Orders [G.O.'s] 101-E, 115-F, 157-C, 158-A, and others. These statutes and regulations require passenger carriers, among other things, to maintain proof of adequate public liability and property damage (PL & PD) insurance, and workers' compensation insurance; to maintain accurate records, to timely respond to consumer complaints and to operate and maintain their passenger vehicles, buses in a safe operating condition. These regulations further require that charter-party carriers obey the provisions of the California Vehicle Code (CVC), participate in the Department of Motor Vehicles (DMV) "Pull Notice Program", ensure that only properly qualified, licensed, and rested drivers are authorized to operate its buses, and comply fully with safety regulations contained in Title 13 of the California Code of Regulations (13 CCR). Further, these regulations require charter passenger carriers to establish reasonable fitness and financial responsibility to conduct their passenger transportation services.

The Consumer Protection and Safety Division (CPSD or Staff)) advises us it initiated an investigation into the business and operational practices of Bill Dennis and Gloria Dennis, a partnership doing business as (dba) Tour Designs (TCP 12910-B). Tour Designs currently operates as a Class B charter-party carrier. The Class B charter-party carrier certificate formerly held by Tour Designs expired effective November 19, 2002. A renewal application was filed on November 12, 2002, and was denied by the Commission on January 7, 2003.

Staff alleges Respondent Tour Designs continued to conduct unlawful operations after expiration and denial of its certificate, failed to ensure accuracy of its drivers' log entries, failed to comply with the DMV Pull Notice Program, advertised passenger charter service without authority, and failed to comply with safety regulations. Staff further alleges Tour Designs falsified information on a CHP inspection report and failed to remove its TCP number from all buses upon termination of its certificate. Staff's investigation of these and other serious violations will be documented in its declaration(s) which will be served on the respondents, the assigned Administrative Law Judge, the California Highway Patrol (CHP), and any other interested parties or governmental entities.

I. LICENSE HISTORY

On November 19, 1999, Bill M. Dennis and Gloria Dennis, a Partnership doing business as (dba) Tour Designs, was issued a Class B Charter-Party Certificate. Passenger charter-party authority may be renewed on a triennial basis upon submission and approval of a renewal application. The carrier filed a renewal application upon expiration of its operating authority. The Class B Charter party Certificate expired November 19, 2002. On January 7, 2003, the Renewal Application was denied by the License Section based upon a recommendation from the California Highway Patrol. Public Utilities Code Section 5378.6 requires that the Commission deny an application for renewal of a permit upon receipt of a written recommendation from the CHP that the renewal application be denied. A denial letter from the License Section dated January 7, 2003 so advised the carrier. Commission License Section records show the operating authority of Tour Designs was suspended twice for failure to maintain evidence of workers' compensation insurance on file with the Commission (June 14, 2000 to July 3, 2000 and October 1-2, 2001). Tour Designs was also briefly suspended, October 25-29, 2001, for failure to maintain evidence of public liability and property damage (PL & PD) insurance coverage on file with the Commission. On December 5, 2002 the current PL & PD certificate of insurance was filed and recorded by the Commission.