PUBLIC SERVICE COMMISSION CHARLESTON FINAL ORDER

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Brianne Melton
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1 It ENTERED o.b.~%z - Page PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON O3ICINAJ At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston, on the 17th day of September, M.C. CASE NO T ANTHONY L. ASSARO, doing business as ASSARO S GARAGE AND TOWING SERVICE, Wheeling, Ohio County. Tariff filing for third-party tows. FINAL ORDER On March 12, 1996, the Commission, in M.C. Case No P, reinstated maximum statewide rates that could be charged by motor carriers that moved vehicles at the request of third parties, as in cases in which a police officer requested a tow truck following an accident. Rate regulation of tows generally had been preempted by federal law on January 1, 1995, but on January 1, 1996, the federal preemption had been removed as to third-party tows. On May 20, 1996, the Commission entered another order in M.C. Case No P which allowed wrecker operators to request rate increases by filing tariffs setting forth their third-party tow rates as of January 1, 1996, as well as an affidavit stating that they charge no more for third-party tows than they charge for other types of tows. In that May 20, 1996, order, the Commission also instituted a general investigation of third-party tow rates. That investigation was assigned M.C. Case No GI. At the times that the above orders were entered, Anthony L. Assaro, doing business as Assaro s Garage and Towing Service, was authorized tc charge, for the third-party towing and storage of wrecked and/or disabled motor vehicles, the rates and charges set forth in Attachment 1 appended tc this order. On September 4, 1996, Anthony L. Assaro, doing business as Assaro s Garage and Towing Service, filed with the Commission a set of proposed rates and charges for third-party towing and storage of wrecked and/or disabled motor vehicles. These rates and charges, set forth in Attachment 2 appended to this order, were, according to information from the carrier, the same rates and charges that he was charging on January 1, 1996, for third-part1 towing and storage. The applicant further represented that he charges the same set of rates and charges for third-party towing and storage that he charges for other towing and storage of wrecked and/or disabled motor vehicles. The case initiated by the carrier was treated as a tariff filinc and assigned M.C. Case No T. PUBLIC SERVICE COMMISSION D

2 On September 16, 1996, Thornton Cooper, Deputy Director, Transportation Division, filed a memorandum and attached Staff memorandum, dated September 9, 1996, from Harry N. Barton, Staff Attorney for the Motor Carrier and Solid Waste Rates Section of the Utilities Division. The memoranda from Mr. Cooper and Mr. Barton recommended that the proposed rates set forth in Attachment 2 be approved on an interim basis. For the reasons set forth in those memoranda, the Commission Staff recommended (1) that the Commission issue a final order, (2) that that order waive publication of the proposed rates and hearing thereon, (3) that the order approve the rates and charges set forth in Attachment 2 on an interim basis for third-party towing and storage, and (4) that the Commission approve those rates and charges on an interim basis until the effective date of the final order in M.C. Case No GI or until the effective date of any earlier order rescinding the approval of the above rates. UPON CONSIDERATION WHEREOF, the Commission is of the opinion and finds that the recommendation of the Commission Staff is reasonable and should be adopted in its entirety. IT IS, THEREFORE, ORDERED that publication of the proposed rates and charges that Anthony L. Assaro, doing business as Assaro's Garage and Towing Service, filed on September 4, 1996, and any hearing thereon be, and they hereby are, waived, for good cause shown. IT IS FURTHER ORDERED that the rates and charges set forth in Attachment 2 be, and they hereby are, approved, on an interim basis, for third-party towing and storage of wrecked and/or disabled motor vehicles by Anthony L. Assaro, doing business as Assaro's Garage and Towing Service, effective as of September 19, IT IS FURTHER ORDERED that the rates and charges set forth in Attachment 2 be, and they hereby are, approved, on an interim basis, until the effective date of the final order in M.C. Case No GI or until the effective date of any earlier order rescinding the approval of those rates. IT IS FURTHER ORDERED that the Commission's Acting Executive Secretary shall mail a copy of this order to the Applicant by United States First Class Mail and upon the Commission Staff by hand delivery PUBLIC SERVICE COMMISSION OF lmini*

3 ~ C. S. C. W. V&. M. C. FORM NO. 38 MF-P. S. C. W.Va. No. Cancela MF-P. S. C. W. Va. No. 3 2 Anthony L. Assaro, dba ASSARO'S GARABE AND TOWING SERVICE Wheeling, West Virginia Certificate No. F-5566 Rates, Rules and Regulations Governing the Transportation of Wrecked andjor disabled motor vehicles in Brooke and Ohio Counties, and between points and places in sais counties on the one hand and points and places in WV on the other, said operation to be conducted from a base of operation located in Warwood, Ohio County, W. Pl;b:rc ientce Corn...;,ha oc) W.Y. Tariff Mtiea FILED WITH THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA December 6, December 7, 1990 bsued, 197 -, 197- Effective Issued by authority of an Order of the Public Service Comnission of West Virginia in Case No E dated February 5, rn suedby Anthony L. Assaro, dba ASSARO'S GARAGE AND TOWING SERVI

5 3 Rote Pa hz s $60.00 s $60.00 $ $ $ $ $ $25.00 S s $60.00 S s s $ S Additid tsbcrr $6.00 Im

6 MTiew #72 W-PSC WV No. 4 Cancels MF-PSC WV No. 3 ANTHONY L. ASSARO, DBA ASSARO S GARAGE AND TOWING SERVICE 2200 Warwood Avenue Wheeling, WV RATES, RULES and REGULATIONS GOVERNING the TRANSPORTATION of Wrecked andlor disabled motor vehicles by wrecker (tow) truck over the public highways in this State when said transportation is requested by a party other than the owner or operator of the vehicle to be transported. FILED WITH THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA - SeptPmb& y Issued: hgstst 1996 Issued by authority of an order of the WV PSC in MC Case No P(Reopened) on Issued B ASSWO S Garage and Towing Service 4-c t.,. 3 ~ 3 ~

7 RULES AND REGULA TIONS FOR THIRD PARTY TOWS Original Page No. 2 MF-PSC wv No. 4 Cancels MF-PSC wv NO. 5 1) The rates provided herein shall apply to the transportation of wrecked andor disabled motor vehicles by wrecker (tow) truck over the public highways in this State when said transportation is requested by a party other than the owner or operator of the vehicle to be transported. 2) Al hourly rates provided herein shall be calculated from the time the carrier leaves his base of operation to the final towing destination and return, and except as otherwise provided, shall be rounded to the nearest quarter hour. 3) Except as otherwise provided herein, all mileage rates shall be the highway miles, according to the o5cia.i state hi&.ay map issued by the WV Eept. Of Highways, via the shortest regularly-traveled available highway routes, 4) No charge shall be made, either by hour or mileage, for any delays attributable to the carrier. 5) In calculating the daily storage charge provided herein, a day shall be each 24 hour period commencing at the time the vehicle is received at carrier s place of business. A full day s charge shall accrue at the beginning of each such period, except as otherwise provided herein. 6) The carrier shall maintain adequate records to allow expeditious periodic review of its compliance with this tariff Such records must include, but are not limited to, sequentially numbered invoices, a copy of which must be provided each customer and a copy of which must be retained for a period of at least two(2) years by the carrier. sep4.y 9 Issued: Effective: September 1996 IssuedBy: A*+Aony 5. dsrexfo, O~vncr Ismauthority of an order of C Case # P(Reopened) 0-6

8 Original Page No. 3 MF-PSC WV No.5 Cancels MF-PSC WV No. 3 RATES FOR THIRD PARTY TOWS 1. Hourly Rates Rate Per Hour Minimum Automobiles (passenger cars) and $ zsbo $ab Trucks one ton or less Trucks one and one-half to three tons $ 427c $ 952. Trucks and buses (over three tons) $ $ 53.b0 Tractor & trailer combinations ( Requiring heavy duty wrecker) $ Lo.*& $ Trucks (Grossing 35,000 lbs. ) $ 53.** $ 5'3.60 Trucks ( Grossing 35,000-50,000 Ibs.) $73.O" $ 73/* Trucks ( Crossing 50,000-60,000 lbs.) $ $8L.b* Trucks ( Grossing 60,000-75,000 lbs.) $ loo.go $160.0" Trucks ( Grossing over 75,000 lbs.) 2. Mileage Rates Instead of the hourly rates shown above, the carrier may charge a mileage rate of $ d.@ per mile, calculated from the carrier' base of operation to the final towing destination. In no case shall both an hourly charge and a mileage charge be applied. 3. Additional Labor The rates shown herein include the services of one man (the driver). If additional labor is required, such additional labor shall be provided by the carrier at the rate of $dj. LM per hour per helper. The minimum charge for such kibor shall be $ 24 OD per helper. 4. Additional Charge for Sundays. Evenings and Holiday Due to overtime wages paid on Sundays, Evenings (6:OO pm to 6:OO am) and holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day & Christmas Day), an additional charge of $ 00 per hour shall be added to all charges provided in paragraphs (1) and (3) above, when said services are performed on Sundays, Evenings and Holidays. ScffrMGG V Issued : Aqps& Effective: September Issued by authority of an order of the WV PSC in MC Case# P(Reopened) on 5/20/96 0 A A. 1. 1v1 z<gr3-?

9 .- Original Page No. 4 MF-PSC wv No.? Cancels MF-PSC WV No.3 RATES FOR THllW PARTY TOWS-CONTD 5. Storage Whenever vehicles are towed by a carrier to the carrier s place of business, storage shall be provided as follows: Per Day *Inside Automobiles (Passenger Cars) and Trucks, 1 ton or less $ B?OC $ /53@ Trucks, 1!h to 3 tons $/=fog $ 2aoa Trucks over 3 tons $ /5.6* $ Semi-trailers and buses $ I5.** $20.@ * Inside storage shall only be provided at the request of the customer or the appropriate member of a law enforcement agency. Scp+rrb y Issued: hgust Effective: September% 1996 Issued by authority of an order of the WV PSC in MC Case# Prneopened) on 5/20/96 m

10 RATES FOR THIRD PARTY TOWS-CONT D 6. SDecial Rates for High Risk Exposure Original Page No. 5 MF-PSC WV NO. Cancels MF-PSC WV No. 3 A flat charge of $ per accident or incident or chemical spill shall apply whenever there is a high risk exposure. This charge is in addition to all other applicable rates and charges contained herein. High risk exposure means and includes any for-hire transportation of a vehicle or 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 hazardous material, specific chemical waste or chemical in 49 C.F.R.. Section Note: Unless it has received an identihation number from the Environmentai Protection and has complied with applicable WV Dept. 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 hazardous waste. 7. Special Hourlv Rates for Hydraulic Wheel-lift or Roll-Back Units Whenever an appropriate member of a law enforcement agency or the manufacturer of the vehicle to be towed requires the use of a hydraulic wheel-lift or roll-back wrecker, a rate of $ sco per hour, with a minimum of $Zd shall apply. The design of the wheel-lift is such that the vehicle being towed can be suspended (front or rear wheels) by a fblly 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 roll-back 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 (4) shall apply in addition to the hourly and minimum rates herein. - scyt&v 4 Issued: hqpt 1996 Effective: September IssuedBy: AnSlroAy 5. flyrqr-0, bcl~nw authority of an order of the WV P

11 RATES FOR THIRD TOWS-CONT'D 8. Special Rates for Use of Special Eauipment in Towin3 & Recoverv Work Original Page No. 6 MF-PSC WV No. 4 Cancels MF-PSC wv ~ The following rates apply to the use of specialized equipment in towing and recovery work. Said rates shall not apply unless an appropriate member of a law enforcement agency has specifically requested the service. ~ Rate Per Hour Minimum Tractor and Trailer Dump Truck Air Cushions Mat Jacks 60 $/,600. $ $ Fork Lift $ T0.d" $!io.6" Pallet Jacks Binding Machine $20. *O $ 20.O6 $ 2 0. " O $ 25."' End Loader Crane Additional Labor and Overtime Wages charges as contained in paragraphs (3) and (4) shall apply in addition to the rates herein. Effective: September

WILLIAM M. YOUNG, dba MITCH S 24-HOUR TOWING & STORAGE

MF-P.S.C. W. Va. No. 1 WILLIAM M. YOUNG, dba MITCH S 24-HOUR TOWING & STORAGE OF ELKVEW, KANAWHA COUNTY, WEST VIRGINIA RATES, RULES AND REGULATIONS GOVERNING THE TRANSPORTATION OF WRECKED AND DISABLED