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TRIAGE v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (09/30/82)

decided: September 30, 1982.

TRIAGE, INC., PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. BROCAL CORPORATION ET AL., INTERVENORS



Appeal from the Order of the Pennsylvania Public Utility Commission in case of Application of Triage, Inc., a corporation of the Commonwealth of Pennsylvania, for the right to begin to transport, as a common carrier, by motor vehicle, persons, in paratransit service, in modified vehicles with side-opening doors and ramps, wheelchair bound, handicapped and disabled or elderly persons, who require assistance for personal mobility to and from the vehicle, from points in the counties of Philadelphia, Delaware, Chester, Montgomery and Bucks to doctors' offices, clinics, hospitals, laboratories or rehabilitation centers in said counties, and return; subject to the following conditions: (1) That the service herein authorized is limited to transportation in vehicles having a seating capacity of not more than fifteen (15) persons, including the driver; (2) That the service herein authorized is limited to transportation in a vehicle not reserved for individual use, for which advance reservations are made not later than the previous calendar day; (3) That no right, power or privilege is granted to provide scheduled route service as defined in the Pennsylvania Code, Title 52, Chapter 29.14; (4) That no right, power or privilege is granted to provide call or demand service as defined in the Pennsylvania Code, Title 52, Chapter 29.15; and (5) That no right, power or privilege is granted to transport persons in group and party service, as defined in the Pennsylvania Code, Title 52, Chapter 29.16, Docket No. A-00101899.

COUNSEL

Joseph A. Meo, with him George Luskus of Markovitz, Luskus, Feinstein & Meo, for petitioner.

Eric A. Rohrbaugh, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent.

Gerald Gornish, Wolf, Block, Schorr and Solis-Cohen, for intervenors, Brocal Corp., t/d/b/a Alert Medical Carriers and Alert Medical Transport.

Raymond A. Thistle, Jr., for intervenor, Professional Paramedical Services, Inc.

Michael A. Tier, for intervenor, Medical Carriers, Inc.

Judges Blatt, Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 69 Pa. Commw. Page 232]

This is an appeal from a sua sponte determination by the Pennsylvania Public Utility Commission (Commission) that the application of Triage, Inc. (Triage) for carrier authority is beyond the scope of its statutory jurisdiction. We vacate and remand.

Triage applied for a Certificate of Public Convenience to transport handicapped, disabled, elderly, or wheelchair-bound persons "who require assistance for personal mobility to and from the vehicle," between

[ 69 Pa. Commw. Page 233]

    points in the five-county area*fn1 and doctors' offices, clinics, hospitals, laboratories, or rehabilitation centers in these counties.

After hearings at which both the applicant and protestants participated, Administrative Law Judge Isador Kranzel recommended that the Commission approve the application. Without further proceedings or argument, the Commission issued an Order, adopted May 8, 1981, in which it applied Chappell v. Pennsylvania Public Utility Commission, 57 Pa. Commonwealth Ct. 17, 425 A.2d 873 (1981) to the facts of the Triage application, holding that it has no jurisdiction to regulate such transportation. It ...


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