RECEIVED. $ $ (this should have been X 2 because there was two helpers only we Only charged for one)

Transcription

1 RECEIVED PSC of WV 201 Brooks St P.O. Box 812 Charleston, WV RE: Case No MC-FC T U ~ V. _ - Valley supply Duba Enterprise, Inc.,dba Duba Wrecker Service Center Dear Staff: We have attached a copy of our approved third-party tow rates. The rates that Tug Valley Supply are comparing as our third-party tow rates are not the same. When totaling up the charges for Tug Valley Supply. The call was before 6:OOam therefor an additional charge of $10.00 should have been added to all charges except storage. Charges should have been as follows: Tow $50.00 per hour w minimum charge of 1 hr and a $10.00 charge because 1" hr of call was before 6 : OOam. Helper (additional labor)$25.00 per hour per helper and a $10.00 charge 1'' hr of call was before 6:OOam Storage is $15.00 per day the vehicle was on our lot from : 15 am to around 4:OOpm. Tow should have been Helper should have been Storage 2 days $ Total $ nd Tow $ Final Total $ $ $ (this should have been X 2 because there was two helpers only we Only charged for one) Tug Valley Supply did request the disable vehicle be towed to Naugatuck this was on so a second charge of $65.00 was charged for delivery of this vehicle. The allegations that the vehicle should have been delivered on are not true when we arrived on scene the driver was going to the hospital because his arm was broke. The investigating officer Williamson City Police unit #603 John Hall did in fact have a hold on the disable vehicle pending proof of insurance, we were instructed to take the vehicle to our lot. We did not hear from anybody at Tug Valley Supply until The person that was driving the disable vehicle asked if he could get a tank from the disable vehicle. We told him that would be fine and our shop closes at 5:OO. When the driver arrived he had a broken arm and no help to remove the tank. It was time for our shop to close, but we did stay and also helped him remove the tank from the truck and at no charge Cjust trying to be good people).

2 Tug Valley Supply did call on the vehicle was also released this day and did ask us to deliver the disable vehicle to them. We did tell them that we would try to have the truck to their place by 1 :00 pm on the same day We did get a little busy but the truck was delivered that same evening Tug Valley Supply had the option to get any Wrecker Service to pick up the disable vehicle and deliver it to them no one told them they had to have us deliver the vehicle. We did not charge any extra storage. I understand why they did file this compliant when they came upon the rates that they did. As mentioned before those are not our current third-party rates and we have enclosed a copy of our current rates. If Staff does think that the wrong amount was charged we would promptly correct this problem. Thank You. Sincerely William J Sexton Tow Mgr.

3 DUBA ENTERPRISES, INC., DBA DUBA WRECKER.AND SERVICE CENTER, CASE NO MC-TOW PPE A Page l. of 3 1. HourPy Rat@rs Automobiles (Passengers Cars) and Trucks one (1) ton or less Trucks one and one-half to three tons Tmclcs and buses (over 3 tones) Tractor ti trailer combinations {requiring heavy duty wrecker) Trucks (Grossing 35,000 Ibs) Trucks (Grossing 35,000-50,080 fbs) Trucks (Grossing SO,OOO-S0,000 lbs) Trucks (Grossing 60,000-75,000 lbsf Trucks (Grassing over 75,000 Ibs) Rate Per Hour $ $ $ $ $ $ $160 * 00 $ $ Mini,mum $ $ $ $ $ $ $ $170 e 00 $ Instead of the hourly rates shown above, the carrier may charge a mileage rate of $1.70 per mile, calculated from the carrier's base of operations to the final towing destination. In no case shall borh an hourly charge and a mileage charge be applied. Additional Labor The rates shown herein include the services of cine man (the driver). If additional labor is required, such additional labor shall be provided by the carrier at the rate of $25,00 er hour per helper. The minlmurn charge for such labor shall be one hour pes: helper. Due to overtime wages paid an Weekends, Evenings (6:OO p.m, to 6:QO a.m.> and Holidays (New Yeiar'B Day, Memorial Day, Independence Day, Thanksgiving Day and Christmas Day), an additional charge of $lo.ot5 per hour shall be added to all charges provided in paragraphs (1) and (3) above when said services are performed on Weekends, Evenings and Holidays. whenever vehicles are towed by &carrier to the carrier's place of business, storage shall be provided ;as follows: Automobiles (passenger cars) and trucks one (2) t ~ or n less Outside atorage $15 00 Inside storage $20 t QO Trucks one and one-half to three tons Outside storage $15.00 Inside storage $20 a 00

4 AFP A Page 2 of 3 Trucks (over three tons) Outside storage $25 00 Inside storage $35.08 Semi-trailers and buses Outside storage $30.00 Inside storage $35" S~ecrial RateB for Eiah Risk Pxrm~ure A flat charge of $500 per accident or incident or chemical spill shall apply whenever there is a "high risk exposuref1. This charge is in addition to all other applicable rates and charges contained herein. High risk exposure means and includes any forhire transportation o a vehicle QT part thereof, wherein a wrecker operator (see note below) or an employee thereof, in responding to an accident or chemical spill involving said vehicle, is exposed to any waste material, substance, or other item listed as a Ifhazardous materialn, Ifspecific chemical wastei1 ar I1chemical1l in 49 C.P.R. Section Note: Unless it has received an identification sru&er from the Department of Environmental Protection (DEP) and has complied with app3icable West Virginia Department of Highways procedures, a company may not legally clean up, store, or transport hazardous waste. Any hazardous waste, hazardous material., or hazardous substance spilled from its container upon the ground surface becomes a hazardaus waste. Bsecia1 Eourlv Rates for ~~~~~~~~~ Wheel-hifft or RoIl-Back. Units Whenever an appropriate member of a law enfsrcetnent agency or the manufacturer of the vehicle to be towed regsires the use of a hydraulic wheel-lift or roll-back wrecker, a rate of $50.00 per hoqr, with Q minimum of $5a,Oo shall apply. The design of the wheel-lift is such that the vehicle being towed can be suspended (front or rear wheels) by a fully hydraulic unit that operates without being attached to a boom, The design of the roll-back unit is such that a vehicle being towed can be winched on either a rollback or tilt-bed vehicle and towed.without the use of the wheels of the vehicle being towed. Additional Labor rates and Overtime Wages, as contained in Paragraphs (3) and (41, shall apply in addition to.the hourly and minimum rates herein. The fazlowing rates apply to the use of specialized equipment in towing and recovery work. Said rates shall not apply unless an appropriate member af a law enforcement agency has specifically requested the service. Air Cushions Binding Machine $ $ $ $ 30.00

5 Crane Dump Truck End Loader Fork Lift Mat Jacks Pallet Jacks Pickup Truck Tractor and Trailer Rate Per Hour - $ $ $ 56,OO $ $ $ $ (per running mile) $ 1*60 pb a Page 3 of 3 Mir?imurn $135,80 $ $ $ $loo.oo $ $ (hookup) $loo.oo Note: Additional labor and overtime wage chargers as conkained in paragraph (3) and (4) shall apply in addition to the rates herein.

6 Pu6Gic Service commission Of West Virginia (1. Phone: (304) Charleston, west 7hrgznia FAX: (304) CERTIFIED MAIL RETURN RECEIPT REQUESTED William Sexton, Tow Manager Duba Enterprises, Inc. Duba Wrecker and Service Center Rt 1 Box 205B Williamson, WV December 29,2008 RE: Case No li'lC-FC Tug Valley Supply V. Duba Enterprises, Inc., dba Duba Wrecker and Service Center Dear Mr. Sexton: We are enclosing herewith a copy of the above-styled complaint. Also, enclosed is an order entered today by the Commission requiring an iimwer to said complaint within 10 days. The Commission's Rules of Practice and Procedure $15G 7.1. sets forth the requirement that the defendant or defendants complained against shall file typewritten answer or answers, duly verified, which means that your answer has to be sworn to before a notary public. The Commission currently has a pilot mediation process, A description of the mediation process and a form you can use to request mediation are enclosed. You may want to consider participating in mediation. A mediation request by the Defendant will not be considered if an answer hiis not been filed. When a riiing is made in this case, each party of record receives an notification with the ability to view the document. Therefore, it is important to provide us with an address to keep you informed as documents are filed. The public will not be given access to the address. If you have not provided your address, please do so by sending an with your case number to caseinfo(ru:psc.state.wv.us. If you donot have an address, please call to let us know, so we will stop asking you to provide one. General remindev - if you submit any additional documents - in addition to filing an original and 12 copies of all documents with the Commission, you are required to mail a copy to all other parties of record. SSIjan copy of complaint & order Mediation Forms 1 & 2 Executive Secretary Division

7 It VICE COMMISSION OF WEST VIRGINIA CHARLESTON secl22908.wpd Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in the City of Charleston on the 2gth day of December CASE NO, MC-FC TUG VALLEY SUPPLY Naugatuck, Mingo County, V. DUBA ENTERPRISES, INC., DBA DUBA WRECKER AND SERVICE CENTER a corporation, Complainant, Defendant. COMMISSION ORDER On December 29,2008, Tug Valley Supply filed a formal complaint, duly verified, against Duba Enterprises, Inc., dba Duba Wrecker and Service Center. IT IS THEREFORE ORDERED that the Defendant be, and hereby is, required to satisfy the formal complaint or make answer thereto, in writing, within ten days of the service upon them by certified mail of a copy of the formal complaint and a copy of this order in accordance with the provisions of Rule 7 of the Rules of Practice and Procedure before this Commission, and after receipt thereof or default therein, the Commission will proceed to investigate the matters set forth in the formal complaint in such manner and by such means as may be deemed proper. A mediation request by the Defendant will not be considered if an answer has not been filed. IT IS FURTHER ORDERED that the Executive Secretary of the Commission, be, and hereby is, directed to serve a copy of the formal complaint upon the defendant, by delivering to them a copy of the formal complaint and a copy of this order by United States Certified Mail, return receipt requested. FOR THE COMMISSION: SSljan s.wpd Public Service Commission of West Virginia Charleston

8 RRI BQX205B WEST VfRGffWA The fates and charges for wrecker service are regutaged by the Public iervict (304) Commissions of West Wirginla. If you feel yot Fax ~~~4 we unfairly cbsrged, yw may appeal k the ~~~~~~~ Motor Carrier Division of that agency.