PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rail Safety and Carriers Division RESOLUTION TL-18936

July 6, 2000

R E S O L U T I O N

RESOLUTION APPROVING ISSUANCE OF CHARTER - PARTY CARRIER CERTIFICATES PURSUANT TO SECTION 5374 (B) OF THE PUBLIC UTILITIES CODE

Applicants named in the attached schedule have applied for a charter-party carrier certificate under various sections of the Public Utilities Code. Section 5374 (b) (1) states that before a new certificate is issued, the Commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct the proposed transportation services. This section further provides that the Commission shall not issue a certificate unless the applicant meets all of the following requirements:

(A) It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol governing highway safety.

(B) It is committed to observing the hours of service regulations of state and, where applicable, federal law, for all persons, whether employees or subcarriers operating vehicles in transportation for compensation under the certificate.

(C) It has a preventive maintenance program in effect for its vehicles used in transportation for compensation that conforms to regulations of the Department of the California Highway Patrol in Title 13 of the California Code of Regulations.

(D) It participates in a program to regularly check the driving records of all persons, whether employees or subcarriers, operating vehicles used in transportation for compensation requiring a Class B driver's license under the certificate.

(E) It has a safety education and training program in effect for all employees or subcarriers operating vehicles used in transportation for compensation.

(F) It will maintain its vehicles used in transportation for compensation in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety.

(G) It has filed with the Commission the certificate of workers' compensation insurance coverage or statement required by Section 5378.1.

(H) It has provided the Commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the Commission and the Department of the California Highway Patrol.

(I) It provides for a mandatory controlled substance and alcohol testing certification program as adopted by the Commission pursuant to Section 1032.1.

With respect to subparagraphs (B) and (F), Section 5374 (b) (2) provides that the Commission may base a finding on a certification by the Commission that an applicant has filed, with the Commission, a sworn declaration of ability to comply and intent to comply.

The Commission finds that each of the applicants on the attached schedule has shown that it meets the requirements listed in Section 5374 (b) (1).

The Commission further finds that each of the applicants in all other ways qualifies for the type of authority applied for and shown on the attached schedule, and concludes that each should be granted such operating rights.

This is an uncontested matter in which the resolution grants the relief requested. Accordingly, pursuant to PU Code Section 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

THEREFORE, IT IS ORDERED that:

1. Each applicant is granted the type of certificate as shown on the attached schedule.

I certify that the foregoing resolution was duly introduced, passed and adopted at a meeting of the Public Utilities Commission of the State of California held on the 6th day of July, 2000, the following Commissioners voting favorably thereon:

_____________________________

WESLEY M. FRANKLIN Executive Director

LORETTA M. LYNCH President

HENRY M. DUQUE

JOSIAH L. NEEPER

RICHARD A. BILAS

CARL W. WOOD

Commissioners

Attachment

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RAIL SAFETY AND CARRIERS DIVISION

Carriers Branch

License Section

SCHEDULE OF ACTIONS REGARDING CERTIFICATES

UNDER RESOLUTION TL-18936

July 6, 2000

Docket Number Type of Authority County Code	Name	Type of Application
P 4861-B 19	Norman Anthony Lewis DBA Mainstream First Class Limousine Service	New
P 13361-B 49	Palo-Conger Inc DBA Travel With Friends	New

A. Charter Party A Certificate

B. Charter Party B Certificate

C. Charter Party C Certificate