6. Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Glen Walker is the assigned ALJ in this proceeding.

Findings of Fact

1. Complainant operates City Cab, which is licensed to perform taxicab service in Los Angeles, Burbank, Glendale and Pasadena.

2. Titan operated Valley Cab Company until December 31, 2000, when its franchise was revoked.

3. Titan obtained charter-party authority from this Commission, but it surrendered its charter permit in July 2001 and went out of business.

4. Principals of Titan were active in organizing East Valley and West Valley as limited liability companies in March 2001.

5. Valley Transportation and an independent taxicab company jointly shared an advertisement under the taxicab section of the Yellow Pages in 2001.

6. Private investigators cited one instance in which an investigator engaged a Valley Transportation car without prearrangement.

7. Neither East Valley nor West Valley has filed a certificate of workers' compensation for drivers on grounds that its drivers are not "employees."

8. Valley Transportation on at least six occasions accepted senior citizen vouchers redeemable by franchised taxicabs in Los Angeles.

9. Defendants state that senior vouchers were accepted in error and were stamped "void" and returned to the issuing city agency.

10. The 411 information service has a listing for "Valley Cab" that connects to Valley Transportation.

11. Defendants state they have sought for months to cancel the 411 listing for "Valley Cab."

12. A majority of Valley Transportation trips take place within a single city.

13. Defendants since 2001 have retained a consultant to advise them on complying with charter-party carrier regulations.

Conclusions of Law

1. The organizational structures of Titan, East Valley and West Valley are not in violation of the law or Commission regulations.

2. Advertising under the heading of "taxicabs" in the Yellow Pages supports an inference of taxi operations.

3. Transportation on a charter-party carrier must be prearranged either by written contract or telephone.

4. The Commission should order East Valley and West Valley to cease and desist from accepting city transportation vouchers not authorized for charter-party transportation.

5. The Commission should order East Valley and West Valley to cease and desist from accepting prohibited medical shipments for transportation.

6. The Commission should order East Valley and West Valley to cease and desist from transporting passengers who have not prearranged the transportation either in writing or by telephone.

7. The Commission should order East Valley and West Valley to cease and desist from advertising in such a manner as to suggest that they provide taxicab service.

8. East Valley and West Valley should be directed to remove the Valley Cab listing from the 411 telephone information service and, until such removal, to respond to any call asking for Valley Cab or taxicab service by announcing that Valley Cab service is no longer available and offering to provide the caller with a telephone number of a local taxicab company.

9. The complaint should be granted to the extent that it asks for an order directing defendants to cease and desist from certain taxi-like practices; in all other respects, the complaint should be denied.

10. Today's order should be made effective immediately to provide appropriate direction to defendants for bringing their operations into compliance with law.

11. Appeals by complainant and by defendants should be denied.

ORDER

IT IS ORDERED that:

1. The complaint of San Gabriel Transit, Inc., dba City Cab Company, is granted to the extent that it requests an order by this Commission that East Valley Transportation, LLC (East Valley) and West Valley Transportation, LLC (West Valley) cease and desist from specified taxi-like practices; in all other respects, the complaint is denied.

2. East Valley and West Valley are directed to cease and desist from:

a. Accepting taxicab vouchers for transportation;

b. Transporting passengers who have not prearranged the transportation;

c. Advertising in such a manner as to suggest that they provide taxicab service;

d. Accepting prohibited medical shipments for transportation.

3. East Valley and West Valley are directed to remove the Valley Cab listing from the 411 telephone information service and, until such removal is effective, to respond to any call asking for Valley Cab or cab service by announcing that Valley Cab service is no longer available and offering to provide the caller with a telephone number of a local taxicab company.

4. The appeals of this decision are denied.

5. Case 01-10-012 is closed.

This order is effective today.

Dated February 13, 2003, at San Francisco, California.

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