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STIELY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (04/12/67)

decided: April 12, 1967.

STIELY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION



Appeal from order of Pennsylvania Public Utility Commission, No. 18137, in case of Wellington Stiely v. Pennsylvania Public Utility Commission.

COUNSEL

Robert E. Woodside, with him R. J. Woodside, and Woodside & Woodside, for appellant.

William A. Goichman, Assistant Counsel, with him Robert M. Harris and John M. Watkins, Assistant Counsel, and Joseph C. Bruno, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Harold S. Shertz, and Morgan, Lewis & Bockius, for Pennsylvania Motor Truck Association.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Wright, J.

Author: Wright

[ 209 Pa. Super. Page 441]

On October 11, 1965, the Pennsylvania Public Utility Commission instituted on its own motion a complaint against Wellington Stiely charging the unauthorized operation of a motor vehicle as a common or contract carrier. Stiely filed an answer to the complaint. The Pennsylvania Motor Truck Association was permitted to intervene. By agreement, the matter was submitted on oral argument and briefs without

[ 209 Pa. Super. Page 442]

    hearing. On January 3, 1966, the Commission filed an order sustaining the complaint. Stiely has appealed.

The facts are not in dispute. Stiely used his dump truck to transport stone for compensation from the Faylor Lime and Stone Company in Washington Township, Dauphin County, to premises in the Borough of Gratz, Dauphin County. This stone, more precisely known as coarse aggregate, was to be used in the construction of a road on private property owned and operated by the Gratz Fair, Incorporated. Stiely had not been granted a certificate of public convenience as a common carrier or a permit to operate as a contract carrier. He contends that such authority is not necessary since the substance transported was road construction material.

The controlling issue before us involves an interpretation of definitions set forth in the Public Utility Law. Subsections (6) and (7) of Section 2 of the Act of May 28, 1937, P.L. 1053, as amended, 66 P.S. 1102, read in pertinent part as follows:

"(6) 'Common Carrier by Motor Vehicle' means any common carrier who or which holds out or undertakes the transportation of passengers or property, or both, or any class of passengers or property, between points within this Commonwealth by motor vehicle for compensation . . . but shall not include . . . (d) any person or corporation who or which uses, or furnishes for use, dump trucks for the transportation of ashes, rubbish, excavated and road construction materials".

"(7) 'Contract Carrier by Motor Vehicle' means any person or corporation who or which provides or furnishes transportation of passengers or property, or both, or any class of passengers or property, between points within this Commonwealth by motor vehicle for compensation . . . but shall not include . . . (e) any person or ...


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