PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON. Defendant. Defendant. COMMISSION ORDER

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Dorothy Cobb
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1 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 18 h day of November, CASE NO MC-FC RAINBOW TAVERN, LLC, a limited liability company, Complainant, V. JASON SPRINGER, dba HOPPERS TAXI CAB SERVICE, Bridgeport, Ohio, Defendant. CASE NO MC-FC BMG TRANSPORT, LLC, a limited liability company, Complainant, V. JASON SPRINGER, dba HOPPERS TAXI CAB SERVICE, Bridgeport, Ohio, Defendant. COMMISSION ORDER The Commission orders Jason Springer, doing business as Hopper s Taxi Cab Service (Hopper s Taxi) and Hopper s Transport, LLC (Hopper s Transport) to cease and desist providing taxi service within West Virginia. BACKGROUND On September 20, 2016, J.R. Peabody, doing business a5 Rainbow Tavern, LLC filed a formal complaint, alleging that Hopper s Taxi was providing taxi service in Moundsville and Wheeling, West Virginia, without having obtained authority from the Commission to provide taxi service and without complying with the Commission s insurance requirements. He attached an advertisement that appears to be from Hopper s

2 Taxi that states, We transport from and to all local hotels from Saint Clairsville, Ohio to Dallas Pike (Highlands) and all local bars throughout the Tri-state area. The advertisement contained phone numbers with area codes for Ohio, 140, and West Virginia, 304. Mr. Peabody also provided what appear to be posts on Facebook by Hopper s Transport and a picture of a truck with advertising on the side door that reads, Hopper s, (304) , Ohio Valley Rideshare Service. Rainbow Tavern, LLC v. Jason Springer. dba Hopper s Taxi Cab Sew., Case No MC-FC, Formal Complaint at 1-2 & attachments (Sept. 20, 2016). On September 20, 2016, BMG Transport, LLC filed a similar formal complaint and alleged that Hopper s advertises for the Wheeling area on Facebook and has been operating in Wheeling since March using a personal vehicle and personal cell phone. BMG is authorized to provide taxi service in Wheeling and Ohio Counties and asserted that Hopper s does not have legal authority from the Commission to operate a taxi service. He provided a map that appears to advertise Hopper s service and indicates that trips start and stop near Wheeling, West Virginia. Another advertisement states that Hopper s serves a 20-mile radius of Bridgeport, Ohio. BMG Transport, LLC v. Jason Springer, dba Hopper s Taxi Cab Sew., Case No MC-FC, Formal Complaint at 1-2 & attachments (Sept. 20, 2016). On September 20, 2016, the Commission issued Orders in both cases that required Hopper s Taxi to tile an Answer within ten days. To date, an Answer has not been filed in either proceeding. On September 26, 2016, BMG filed additional information, stating that Hopper s was not driving under the Uber bill and providing a document that appears to contain an online statement on behalf of Hopper s that reads: Bmg keeps calling us a taxi service. They and Moundsville YELLOW CAB, WHICH WE DON T EVEN GO TO MOUNDSVILLE WV....! filed a complaint against us. We are a RIDE SHARE SERVICE. AS LIKE UBER AND THE CUSTOMER HAS A RIGHT TO CHOSE WHO CAN RIDE THEM. IF UBER HAS A RIGHT TO DO BUISSNESS IS WV SO DO WE. WE WILL BEAT UBERS PRICE. IN EVERY WAY AND MON WE WILL TAKE VISAIMASTERCARD. WERE GOING TO BOOST BMG S COMPLANT AND RAINBOW TAVERNS SO EVERYONE IN THE OHIO VALLEY CAN SEE WHAT THERE LIKE. THEY HAVE TIME TO STALK HOPPERS, BUT NO TIME TO PICK YOU UP ON TIME, OHIO VALLEY!!!! WE ARE NOT STOPING. BMG filed additional information on September 21, 2016 (a business card for IHopper s Taxi Cab Service ), October 14, 2016 (a photo of a vehicle marked Hopper s that was located in a handicapped parking space) and October 17, 2016 (a statement that BMG 2

3 had a fare in Wheeling until Hopper pulled up in front of the BMG vehicle and another photo of a vehicle that was marked as Hopper s. ) On October 25, 2016, Commission Staff filed an Initial and Final Joint Staff Memorandum, recommending that the Commission issue an Order that directs Hopper s Taxi to cease and desist operating any ride services in West Virginia. Staff stated that Hopper s Taxi has not obtained a certificate to operate a taxi service froin the Commission and an employee of the West Virginia Department of Motor Vehicles (DMV) informed Staff that Hopper s Taxi has not registered with DMV as a transportation network company. Initial & Final Joint Staff Memorandum at 1-2. DISCUSSION To date, Hopper s Taxi has not filed a response to either of the formal complaints, but on November 16, 2016, Hopper s Transport, LLC filed an application with the Commission for a certificate as a common carrier by motor vehicle to transport passengers in taxi service in West Virginia. Hopper s Transport, LLC requested authority to operate in Marshall and Ohio Counties. Hopper s Transport. LLC, Case No MC-C (filed Nov. 16,2016). Pursuant to W. Va. Code g24a-2-5, it is unlawful for any common carrier by motor vehicle to operate a taxi service within West Virginia by transporting passengers from one point in West Virginia to another point in West Virginia, unless the common carrier has first obtained a certificate of convenience and necessity from the Commission. The application by Hopper s Transport, LLC is pending and will be processed in due course. Hopper s Transport, LLC does not now have a certificate from the Commission to provide taxi service and, therefore, may not transport passengers in taxi service from one place in West Virginia to another place in West Virginia until Hopper s Transport, LLC receives a certificate from the Commission. The pleadings in these two formal coinplaint cases refer to Hopper s Transportation, Hopper s Taxi Cab Service, Hopper s Transport, Hopper s Ohio Valley Rideshare Service and Hopper s Taxi. The Commission has not granted a certificate to operate a taxi service to Hopper s Transportation, Hopper s Taxi Cab Service, Hopper s Transport, Hopper s Ohio Valley Rideshare Service, Hopper s Transport, LLC or Hopper s Taxi. The Commission intends that the transportation of passengers in taxi service from one point in West Virginia to any other point in West Virginia cease and desist, whether that service is being provided by Hopper s Transportation, Hopper s Taxi Cab Service, Hopper s Transport, Hopper s Transport, LLC, Hopper s Ohio Valley Rideshare Service or Hopper s Taxi. The additional information that BMG filed on September 26, 2016, indicates that Hopper s Taxi believes that it is operating a ride sharing service. The Commission does 3

4 not have jurisdiction to regulate ride sharing services, such as Uber. Ride sharing services, which are also known as transportation network companies, must obtain a permit from the West Virginia Division of Motor Vehicles before they may begin providing service in this State. W. Va. Code The psocedure for obtaining a permit from DMV is attached to the Joint Staff Memorandum. Staff believes that a permit has not been issued to Mr. Springer or to any of the entities listed above. We require Mr. Springer to file a response to each of the formal complaints, as the Commission ordered on September 20, In addition to responding to the allegations raised by Rainbow Tavern and BMG, Mr. Springer must state whether he has applied with DMV for a permit to operate a network transportation company either in his own name, any of the variations in name listed above, or in any other name. If DMV has issued a permit for operations as a network transportation company, Mr. Springer must provide the date on which the permit was granted and state the name of the entity that received the permit. If DMV grants a permit to operate as a network transportation company to Mr. Springer either in his own name, any of the variations in name listed above, or in any other name, Mr. Springer or the entity that receives the permit may transport passengers in West Virginia as provided in W. Va. Code fj et. DMV Memorandum attached to Initial and Final Joint Staff Memorandum. FINDlNGS OF FACT 1. Jason Springer, doing business as Hopper s Taxi Cab Service, does not have authority from the Commission to operate as a common carrier by motor vehicle providing taxi service from one point in West Virginia to another point in West Virginia. Initial & Final Joint StaffMemorandum at 1-2 (Oct. 25,2016). 2. Hopper s Transport, LLC does not have authority from the Commission to operate as a common carrier by motor vehicle providing taxi service from one point in West Virginia to another point in West Virginia. Homer s Transport, LLC, Case No MC-C (filed Nov. 16,2016). CONCLUSIONS OF LAW 1. Because Jason Springer, doing business as Hopper s Taxi Cab Service, and Hopper s Transport, LLC have not obtained a Commission certificate that authorizes the operation as a common carrier by motor vehicle providing taxi service from one point in West Virginia to another point in West Virginia provision of taxi service within West Virginia, the Commission should order Jason Springer, doing business as Hopper s Taxi Cab Service, and Hopper s Transport, LLC to cease and desist from providing taxi service in West Virginia.

5 2. The transportation of passengers in taxi service from one point in West Virginia to any other point in West Virginia without authority from the Commission must cease and desist, whether that service is being provided by Mr. Springer, Hopper s Transportation, Hopper s Taxi Cab Service, Hopper s Transport, Hopper s Transport. LLC, Hopper s Ohio Valley Rideshare Service or Hopper s Taxi. 3. In addition to responding to the allegations raised by Rainbow Tavern and BMG, Mr. Springer must state whether he has applied with DMV for a permit to operate a network transportation company either in his own name, any of the variations in name listed above, or in any other name. If DMV has issued a permit for operations as a network transportation company, Mr. Springer must provide the date on which the permit was granted and state the name of the entity that received the permit. 4. If DMV grants a permit to operate as a network transportation company to Mr. Springer either in his own name, any of the variations in name listed above, or in any other name, Mr. Springer or the entity that receives the permit may transport passengers in West Virginia as provided in W. Va. Code w. ORDER IT IS THEREFORE ORDERED that Jason Springer, doing business as Hopper s Taxi Cab Service, is ordered to cease and desist from operating as a common carrier by motor vehicle to provide taxi service from one point in West Virginia to another point in West Virginia. Mr. Springer, doing business as Hopper s Taxi Cab Service shall not transport passengers in taxi service from one place in West Virginia to another place in West Virginia until Mr. Springer, doing business as Hopper s Taxi Cab Service receives a certificate from the Commission that authorizes such operations. IT IS FURTHER ORDERED that Hopper s Transport, LLC is ordered to cease and desist from operating as a common carrier by motor vehicle to provide taxi service from one point in West Virginia to another point in West Virginia. Hopper s Transport, LLC shall not transport passengers in taxi service from one place in West Virginia to another place in West Virginia until Hopper s Transport, LLC receives a certificate from the Commission that authorizes such operation. IT IS FURTHER ORDERED that operations by Hopper s Transpofiation, Hopper s Taxi Cab Service, Hopper s Transport, Hopper s Ohio Valley Rideshare Service or Hopper s Taxi as a common carrier by motor vehicle to transport passengers in taxi service from one point in West Virginia to another other point in West Virginia shall cease and desist, until any of those entities receives a certificate from the Commission that authorizes such operation. 5

6 IT IS FURTHER ORDERED that within ten days of the date of this Order, Mr. Springer shall file a written response to each of the formal complaints in Case Number i mc-fc and MC-FC. In addition to responding to the allegations raised by Rainbow Tavern and BMG, Mr. Springer must state whether he has applied with the West Virginia Division of Motor Vehicles (DMV) for a permit to operate a network transportation company either in his own name, any of the variations in name listed above, or in any other name. If DMV has issued a permit for operations as a network transportation company, Mr. Springer must provide the date on which the permit was granted and the name of the entity that received the permit. IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery. A True Copy, Teste, Ingrid Ferrell Executive Secretary CL Wlsk c.doc 6

October 29, !.?., E 7 ip, i.j CASE NO MC-FC PRESTON SANITATION, INC.

October 29, !.?., E 7 ip, i.j CASE NO MC-FC PRESTON SANITATION, INC. 201 Brooks Street, P.O. Box 812 Charleston, West Virginia 25323 Public Service Commission of West Virginia Phone: (304) 3400300 Fax: (304) 340-0325 October 29, 2014 Ingrid Ferrell, Executive Secretary