BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the matter of the Order Instituting Investigation on the Commission's Own Motion Into the Operations and Practices of Andy's Ultimate Limousines, Inc., a California Corporation, doing business as The Ultimate Limousine (PSG-11646-P), and A.L.S., a California Corporation, doing business as Andy's Limousine Service Transportation (PSG 16218-B) and its President Andrew Wagner, and Vice President Dannette Wagner, to determine whether they have violated the laws, rules and regulations governing the manner in which charter-party carriers conduct operations and whether they are no longer fit to continue to conduct passenger transportation service. Respondents |
FILED PUBLIC UTILITIES COMMISSION JULY 8, 2004 SAN FRANCISCO I.04-07-004 |
ORDER INSTITUTING INVESTIGATION
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 (Pub. Util.) Code Sections 1031 et seq., the Passenger Charter-Party Carriers' Act (Pub. Util. Code Sections 5351, et seq.), and Commission General Orders [G.O.'s] 115-F, 157-C, 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; to maintain accurate records; to establish reasonable fitness to conduct their passenger transportation service; and to operate safely and in compliance with Commission regulations and the California Vehicle Code (CVC). These regulations impose specific requirements on charter-party carriers, which are designed to promote carrier and public safety.
These regulations further require that charter-party carriers comply with the CVC, participate in the Department of Motor Vehicles (DMV) "Pull Notice Program", ensure that only properly qualified, licensed drivers operate its vehicles, 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 that it initiated an investigation into the business and operational practices of Andy's Ultimate Limousines, Inc., a California Corporation, doing business as (dba) The Ultimate Limousine (Ultimate Limousine) -TCP 11646-P; A.L.S. a California Corporation dba Andy's Limousine Service Transportation (Andy's Limousine) - TCP 16218-B; and their officers, Andrew Richard Wagner (President) and Dannette Wagner (Vice-President). Ultimate Limousine holds a Class P charter-party permit, originally issued on April 13, 1998, and renewed on June 29, 2001. Andy's Limousine holds a Class B charter-party certificate, issued on July 14, 2003.
Staff's investigation into the operations of Respondents disclosed numerous alleged violations of the Passenger Charter-Party Carriers' Act, and of Commission rules and regulations, including operations during period of suspension (April 25, 2002 through July 14, 2002), in violation of Pub. Util. Code Sections 5379 and 5391, and Commission G.O. 115-F. The investigation further disclosed that Respondents may have also violated Sections 5371 and 5374 of the Pub. Util. Code, and the Commission GO 157-C. On July 18, 2003, Staff served Andrew Richard Wagner Citation Forfeiture F-5121, with penalty in the amount of $10,000, citing violations of the Pub. Util. Code and G.O. 157-C. Wagner signed Form 2 denying the Citation on July 18, 2003, stating that he has corrected all those violations, and therefore should not be penalized for violations that occurred in the past. On October 28, 2003, Staff conducted a follow-up investigation and found that Ultimate Limousine had not corrected some of the violations cited in Citation Forfeiture F-5121. Staff investigation further disclosed that Andy's Limousine allegedly violated GO 115-F, which requires a charter-party carrier to maintain and continue in effect evidence of public liability and property damage insurance.
Staff has therefore presented to the Commission the alleged violations, and requests that the Commission institute a formal investigation into the operations and practices of Ultimate Limousine (PSG-11646-P) and Andy's Limousine (PSG-16218-B), and their officers, Andrew Richard Wagner and Dannette Wagner.
I. LICENSE HISTORY
Ultimate Limousine
On April 13, 1998, Ultimate Limousine was issued a Class P Charter-Party permit. 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 on April 3, 2001, and the permit was renewed on June 29, 2001. Commission License Section records show various suspensions of Ultimate Limousine 's operating authority including as relevant to staff's investigation, a suspension from April 25 to July 15, 2002, for failure to maintain evidence of public liability and property damage (PL & PD) insurance coverage on file with the Commission. An Order of Suspension was mailed via first class mail to the carrier's address of record. On July 15, 2002, the current PL & PD certificate of insurance was filed and recorded by the Commission, and Ultimate Limousine's permit was reinstated effective that same day.
Andy's Limousine
On July 14, 2003, Andy's Limousine 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 certificate will expire on July 14, 2006. Commission License Section records show that Andy's Limousine declared under penalty of perjury that its drivers operate vehicles with a seating capacity of 16 persons or more, and that Andy's Limousine will comply with the federal drug testing requirements for those drivers
