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August 2004 AgendaMinutes

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August 2004 AgendaMinutes Powered By Docstoc
					                                          STATE OF NEVADA
                          TRANSPORTATION SERVICES AUTHORITY
                                     MINUTES OF AGENDA MEETING
                                          Held August 18, 2004


ITEM                     COMPANY/SUBJECT AND DISCUSSION TOPIC                                   DISPOSITION

1      Approval of Agenda.                                                                      Motion RUSHTON
       CHAIRMAN AVANTS CALLED THE MEETING TO ORDER AT 9:45 a.m.                                 Concur ALL
       AGENDA APPROVED.                                                                         Dissent
                                                                                                Abstain
       IN ATTENDANCE FROM THE COMMISSION, CHAIRMAN AVANTS AND
       COMMISSIONER RUSHTON. COMMISSIONER BRESLOW EXCUSED.
2      Approval of the Minutes of the July Agenda Meeting held on July 21, 2004.                Motion RUSHTON
                                                                                                Concur ALL
       MINUTES APPROVED.                                                                        Dissent
                                                                                                Abstain
                                             Consent Items
3      Citation 10798 (KMR)                                                                     Motion RUSHTON
       In Re Citation Number 10798 issued to A-NLV Cab Company dba Las Vegas Limousines         Concur ALL
       for a violation of NAC 706.247/49 CFR 391.51. Approval by the Authority of the Hearing   Dissent
       Officer’s recommendations. Discussion and/or action.                                     Abstain
       FINED $250
4      Citation 11096, 11097 and 11098 (KMR)                                                    Motion RUSHTON
       In Re Citation Numbers 11096, 11097 and 11098 issued to Michele Lichtenstein for         Concur ALL
       violations of NAC 706.194, NAC 706.247/49 CFR 390.35, and NAC 706.247/49 CFR             Dissent
       391.41, respectively. Approval by the Authority of the Hearing Officer’s                 Abstain
       recommendations. Discussion and/or action.
       FINED $500 WITH $200 IN ABEYANCE FOR 1 YEAR.
5      Citation 11569 (KMR)                                                                     Motion RUSHTON
       In Re Citation Number 11569 issued to Ermias Mekonnen Gebremariam for a violation of     Concur ALL
       NAC 706.228. Approval by the Authority of the Hearing Officer’s recommendations.         Dissent
       Discussion and/or action.                                                                Abstain
       FINED $300 WITH $100 IN ABEYANCE FOR 1 YEAR.
6      Impound and Citation 11630 (KMR)                                                         Motion RUSHTON
       In Re the impoundment of a vehicle registered to Zhi Cheng Zhong and Citation Number     Concur ALL
       11630 issued to Fang Wang for a violation of NRS 706.386. Approval by the Authority of   Dissent
       the Hearing Officer’s recommendations. Discussion and/or action.                         Abstain
       FINED $2500 FOR IMPOUND, CITATION FINE $5000.
7      Citation 11540                                                                           Motion RUSHTON
       In Re Citation 11540 issued to Renee Garduno dba Vegas Chapel, LLC for a violation of    Concur ALL
       NAC 706.147. Settlement Agreement submitted by TSA Staff for Authority approval.         Dissent
       Discussion and/or action.                                                                Abstain
       FINED $250 WITH $250 HELD IN ABEYANCE FOR 1 YEAR.
8      Citation 11542                                                                           Motion RUSHTON
       In Re Citation 11542 issued to Madgi G. Khoudouri for a violation of NAC 706.228.        Concur ALL
       Settlement Agreement submitted by TSA Staff for Authority approval. Discussion and/or    Dissent
       action.                                                                                  Abstain
       FINED $100 WITH $50 HELD IN ABEYANCE FOR 1 YEAR.



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9    Citation 11562                                                                           Motion RUSHTON
     In Re Citation 11562 issued to Kenneth Kocolowski for a violation of NAC 706.247/49      Concur ALL
     CFR 391.41. Settlement Agreement submitted by TSA Staff for Authority approval.          Dissent
     Discussion and/or action.                                                                Abstain
     FINED $100 WITH $50 HELD IN ABEYANCE FOR 1 YEAR.
10   Citation 11563                                                                           Motion RUSHTON
     In Re Citation 11563 issued to Mac A. Major for a violation of NAC 706.247/49 CFR        Concur ALL
     391.41. Settlement Agreement submitted by TSA Staff for Authority approval.              Dissent
     Discussion and/or action.                                                                Abstain
     FINED $100 WITH $50 HELD IN ABEYANCE FOR 1 YEAR.
11   Citation 11567                                                                           Motion RUSHTON
     In Re Citation 11567 issued to Denny Peter Trenier for a violation of NAC 706.247/49     Concur ALL
     CFR 391.41. Settlement Agreement submitted by TSA Staff for Authority approval.          Dissent
     Discussion and/or action.                                                                Abstain
     FINED $100 WITH $50 HELD IN ABEYANCE FOR 1 YEAR.
12   Citation 11568                                                                           Motion RUSHTON
     In Re Citation 11568 issued to George Frank Venezia for a violation of NAC 706.247/49    Concur ALL
     CFR 391.41. Settlement Agreement submitted by TSA Staff for Authority approval.          Dissent
     Discussion and/or action.                                                                Abstain
     FINED $100 WITH $50 HELD IN ABEYANCE FOR 1 YEAR.
13   Citation 11570                                                                           Motion RUSHTON
     In Re Citation 11570 issued to Adam File for a violation of NAC 706.229. Settlement      Concur ALL
     Agreement submitted by TSA Staff for Authority approval. Discussion and/or action.       Dissent
     FINED $100 WITH $50 HELD IN ABEYANCE FOR 1 YEAR.                                         Abstain
14   Citation 11601                                                                           Motion RUSHTON
     In Re Citation 11601 issued to Mekonnen Assegid for a violation of NAC 706.228.          Concur ALL
     Settlement Agreement submitted by TSA Staff for Authority approval. Discussion and/or    Dissent
     action.                                                                                  Abstain
     FINED $100 WITH $50 HELD IN ABEYANCE FOR 1 YEAR.
15   Impound and Citation 11633                                                               Motion
     In Re the impoundment of a vehicle registered to and Citation Number 11633 issued to     Concur
     Mario Gonzalez for a violation of NRS 706.386. Settlement Agreement submitted by TSA     Dissent
     Staff for Authority approval. Discussion and/or action.                                  Abstain
     ITEM 15 PULLED FROM AGENDA. SCHEDULED FOR NEXT AGENDA
     MEETING.
                                 Applications and Petitions (Consent)
16   Docket No. 03-12005                                                                      Motion RUSHTON
     In Re Application of Trans-Pacific Coachline, LTD for authority to approve a domicile    Concur ALL
     change from 5300 West Sahara, Suite 101, Las Vegas, Nevada 89146 to 17777 Center         Dissent
     Court Drive, Suite 250, Cerritos, California 90703-9316 for operations conducted under   Abstain
     CPCN 2054. Staff investigation concluded. Discussion and/or action.
     APPROVED
17   Docket No. 03-12012                                                                      Motion RUSHTON
     In Re Petition of Golightly LLC dba Go-N-Tow-N for the voluntary cancellation of         Concur ALL
     Certificate of Public Convenience and Necessity (CPCN) 7164. Staff investigation         Dissent
     concluded. Discussion and/or action.                                                     Abstain
     APPROVED CANCELLATION OF CPCN 7164.
18   Docket No. 04-02033                                                                      Motion RUSHTON
     In Re Application of Keystone Towing, Inc. for authority to approve a domicile change    Concur ALL
     from 3625 West Teco Ave., Suite 5, Las Vegas, Nevada 89118 to 4845 West Reno Ave.,       Dissent
     Suite A, Las Vegas, Nevada 89118 for operations conducted under CPCN 7102. Staff         Abstain
     investigation concluded. Discussion and/or action.
     APPROVED

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19   Docket No. 04-02027                                                                       Motion RUSHTON
     In Re Petition of David L. McCarter & Sherilyn I McCarter dba A-1 Cab-Fallon for the      Concur ALL
     voluntary cancellation of Certificate of Public Convenience and Necessity (CPCN) 1033.    Dissent
     Staff investigation concluded. Discussion and/or action.                                  Abstain
     STAFF BRIEFED THE COMMISSION THAT THE CARRIER REQUESTED A
     CANCELLATION OF THEIR CERTIFICATE BECAUSE THEIR FINANCIAL
     DISTRESS WOULD NO LONGER PROVIDE EVEN INCONSISTENT SERVICE
     TO THE PUBLIC.

     DOCKET MANAGER SAKELHIDE BRIEFED COMMISSION ON STAFF’S
     EFFORTS TO ENSURE EMERGENCY TRANSPORTATION TO THE
     RESIDENTS OF FALLON TO THE HOSPITAL AND THE AIRPORT.
     ADDITIONALLY, STAFF HAS COORDINATED IT’S EFFORTS WITH THE
     MAYOR’S OFFICE AND THE CHAMBER OF COMMERCE IN FALLON.

     APPROVED.
20   Docket No. 04-04017                                                                       Motion RUSHTON
     In Re Application of Carl A. Bailey dba Reno Desert Towing for a Certificate of Public    Concur ALL
     Convenience and Necessity to provide tow car service within the State of Nevada. Staff    Dissent
     investigation concluded. Discussion and/or action.                                        Abstain
     APPROVED
21   Docket No. 04-05019                                                                       Motion RUSHTON
     In Re Application of Cal-Neva Transport and Tow, Inc. for a Certificate of Public         Concur ALL
     Convenience and Necessity to provide tow car service within the State of Nevada. Staff    Dissent
     investigation concluded. Discussion and/or action.                                        Abstain
     APPROVED
22   Docket No. 04-06036                                                                       Motion RUSHTON
     In Re Application of JMR & CLS Inc. dba Tri-State Towing & Recovery for authority to      Concur ALL
     approve a domicile change from 1433 South Commerce St, Las Vegas, NV 89102 to 1112        Dissent
     South Commerce St, Las Vegas, NV 89102 for operations conducted under CPCN 7141.          Abstain
     Staff investigation concluded. Discussion and/or action.
     APPROVED
23   Docket No. 04-07022                                                                       Motion RUSHTON
     In Re Petition of Daybair Coach Lines LLC dba Daybair Coach Lines for the voluntary       Concur ALL
     cancellation of Certificate of Public Convenience and Necessity (CPCN) 2099. Staff        Dissent
     investigation concluded. Discussion and/or action.                                        Abstain
     APPROVED CANCELLATION OF CPCN 2099.
24   Docket No. 04-06028                                                                       Motion RUSHTON
     In Re Petition of A&D Coaches & Services, Inc. for the voluntary cancellation of          Concur ALL
     Certificate of Public Convenience and Necessity (CPCN) 2106. Staff investigation          Dissent
     concluded. Discussion and/or action.                                                      Abstain
     APPROVED CANCELLATION OF CPCN 2106.
25   Docket No. 04-06025                                                                       Motion RUSHTON
     In Re Petition of Life of Sin, LLC dba Sin City Limos for the voluntary cancellation of   Concur ALL
     Certificate of Public Convenience and Necessity (CPCN) 2082. Staff investigation          Dissent
     concluded. Discussion and/or action.                                                      Abstain
     STAFF BRIEFED THE COMMISSION THAT THE CARRIER IS REQUESTING
     A VOLUNTARY CANCELLATION OF THEIR CHARTER BUS AUTHORITY
     BECAUSE THEIR ONE BUS WAS REPOSSESSED.

     APPROVED CANCELLATION OF CPCN 2082




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26   Docket No. 04-06013                                                                         Motion RUSHTON
     In Re Petition of Golden Years Shuttle, Inc. dba Airport Shuttle for the voluntary          Concur ALL
     cancellation of Certificate of Public Convenience and Necessity (CPCN) 1069. Staff          Dissent
     investigation concluded. Discussion and/or action.                                          Abstain
     APPROVED CANCELLATION OF CPCN 1069.
                                            Authority Items
27   Citation 11424 (KMR)                                                                        Motion RUSHTON
     In Re Citation Number 11424 issued to Discount Movers for a violation of NRS 706.758.       Concur ALL
     Discussion and/or action.                                                                   Dissent
     FINED $1000 WITH $250 HELD IN ABEYANCE FOR 1 YEAR.                                          Abstain
28   Docket No. 03-05034 (SLA)                                                                   Motion AVANTS
     In Re the Application of King Limousine, LLC dba King Limousine for a Certificate of        Concur ALL
     Public Convenience and Necessity to Operate as a Common Carrier of Passengers within the    Dissent
     State of Nevada; Staff Motion to Dismiss Application. Discussion and/or action.             Abstain
     APPROVAL TO DISMISS APPLICATION.
29   Docket No. 04-07007 (SLA)                                                                   Motion RUSHTON
     In Re Citation Numbers 11094 and 11095 issued to CLS Nevada, LLC dba CLS                    Concur ALL
     Transportation, Las Vegas for violations of NAC 706.170 and NAC 706.247/49 CFR              Dissent
     392.2, respectively. Petition for Reconsideration of the Authority's Order dated June 15,   Abstain
     2004. Discussion and/or action.
     ITEMS 29 THRU 33 ARE FOR MULTIPLE VIOLATIONS OVER A PERIOD OF
     TIME.

     CHAIRMAN AVANTS ASKED IF THERE WERE ANY COMMENTS FROM THE
     COMPANY’S OWNER OR REPRESENTATIVES IN THE AUDIENCE. THERE
     WERE NO COMMENTS.

     COMMISSIONER RUSHTON CONCURRED THAT THE PETITION FOR
     RECONSIDERATION NOT BE GRANTED AND THAT THE FULL FINE
     AMOUNTS BE SUSTAINED.

     5 COUNTS SUSTAINED.

     FINED $1000 WITH $250 HELD IN ABEYANCE FOR 1 YEAR.
30   Docket No. 04-07008 (SLA)                                                                   Motion RUSHTON
     In Re Citation Number 11458 issued to CLS Nevada, LLC dba CLS Transportation, Las           Concur ALL
     Vegas for a violation of NRS 706.465. Petition for Reconsideration of the Authority's       Dissent
     Order dated June 15, 2004. Discussion and/or action.                                        Abstain
     FINED $1000.
31   Docket No. 04-07009 (SLA)                                                                   Motion RUSHTON
     In Re Citation Number 11462 and 11463 issued to CLS Nevada, LLC dba CLS                     Concur ALL
     Transportation, Las Vegas for violations of NAC 706.311 and NAC 706.247/49 CFR 382,         Dissent
     391, and 395, respectively. Petition for Reconsideration of the Authority's Order dated     Abstain
     June 15, 2004. Discussion and/or action.
     FINED $3000 FOR CITATION 11462, AND FINED $7000 FOR CITATION 11463.
32   Docket No. 04-07010 (SLA)                                                                   Motion RUSHTON
     In Re Citation Number 11497 issued to CLS Nevada, LLC dba CLS Transportation, Las           Concur ALL
     Vegas for a violation of NAC 706.170. Petition for Reconsideration of the Authority's       Dissent
     Order dated June 15, 2004. Discussion and/or action.                                        Abstain
     FINED $1000.




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33   Docket No. 04-07011 (SLA)                                                               Motion RUSHTON
     In Re Citation Number 11530 issued to CLS Nevada, LLC dba CLS Transportation, Las       Concur ALL
     Vegas for a violation of NAC 706.170. Petition for Reconsideration of the Authority's   Dissent
     Order dated June 15, 2004. Discussion and/or action.                                    Abstain
     FINED $1000.
34   Docket No. 03-11003 (BHB)                                                               Motion RUSHTON
     In Re the Formal Written Complaint of A-NLV Cab Company dba Las Vegas Limousine         Concur ALL
     against Fox Limousine, Inc. Discussion and/or action.                                   Dissent
     FINED $25,000 WITH $10,00 HELD IN ABEYANCE FOR 1 YEAR. IN ADDITION                      Abstain
     THE FINE AMOUNT IS TO BE PAID PRIOR TO THE 9/22/04 ORDER TO SHOW
     CAUSE HEARING.

     MR. STEVE CUNNINGHAM OF FOX LIMOUSINE SPOKE TO THE
     COMMISSION STATING THAT HE BELIEVES THAT HE IS NOW IN
     COMPLIANCE WITH ALL NAC AND NRS REGULATIONS.
35   Briefing and/or comments from the Commissioners and discussion of those comments
     COMMISSIONER RUSHTON INFORMED THE PUBLIC THAT THE PUBLIC
     UTILITIES COMMISSION (PUC) HAS RECENTLY ISSUED AN ORDER TO THE
     COMPANIES THEY REGULATE TO COMPLY WITH REQUESTS FROM THE
     TSA WITH REGARD TO SHUTTING OFF TELEPHONE SERVICE .

     COMMISSIONER RUSHTON EXPLAINED THAT THIS IS A BIG STEP IN
     REDUCING THE RED TAPE AND WILL ALLOW US TO RESPOND MORE
     QUICKLY TO HALTING ILLEGAL ADVERTISING IN THE STATE OF NEVADA.
36   Briefing and/or comments from the Deputy Commissioner and discussion of those
     comments.
     NONE.
37   Briefing and/or comments from the Manger of Transportation and discussion of those
     comments.
     NONE.
38   Briefing and/or comments from the Docket Manager and discussion of those comments.
     DOCKET MANAGER SAKELHIDE INFORMED THE COMMISSION THAT WITH
     THEIR PERMISSION, HE WOULD OPEN A DOCKET FOR THE DISCUSSION OF
     MULTIPLE AUTHORITIES ON ONE CERTIFICATE VS. CARRIERS HAVING
     MULTIPLE CERTIFICATES. ADDITIONALLY, HE WILL ADD TO THE NEXT
     WORKSHOP THE TOPIC OF REVISING THE LANGUAGE IN THE NAC
     CONCERNING TAXICABS REPORTING ACCIDENTS THAT INVOLVE BODILY
     HARM TO THE NEXT PUBLIC WORKSHOP.
39   Briefing and/or comments from the Senior Financial Analyst and discussion of those
     comments.
     NONE.
40   Briefing and/or comments from the Senior Deputy Attorney General and discussion of
     those comments.
     NONE.
41   Public Comments and discussion of those comments.
     THERE WERE NO COMMENTS FROM THE PUBLIC.
42   Adjournment.
     AGENDA MEETING ADJOURNED AT 10:30 A.M.




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