Justia Transportation Law Opinion SummariesArticles Posted in Utilities Law
SRC Holdings, LLC v. Public Service Commission of W. Va.
The Supreme Court affirmed the order of the Public Service Commission of West Virginia (PSC) approving the application of one of Ambassador Limousine and Taxi Service (Ambassador) to transfer the common motor carrier certificate held by Classic Limousine Service, Inc. (Classic) to Ambassador, holding that there was no error.SRC Holdings, LLC, doing business as Williams Transport (Williams), appealed the PSC's order approving Ambassador's application to transfer its common motor carrier certificate to Ambassador, arguing that Classic's motor carrier certificate was nontransferable and that Ambassador's proposed use of the certificate would create new competition in the same territory that Williams serviced. The Supreme Court affirmed, holding that the PSC's reasoning in reaching its decision was legally sound and supported by the evidence. View "SRC Holdings, LLC v. Public Service Commission of W. Va." on Justia Law
City and County of San Francisco v. Uber Technologies, Inc.
Uber is a “transportation networking company” (TNC) regulated by the California Public Utility Commission (CPUC). All TNCs must submit annual reports to the CPUC, containing specified data, and file an annual accessibility plan. After receiving numerous complaints from the San Francisco Municipal Transportation Agency regarding illegal parking, traffic congestion, and safety hazards caused by TNC vehicles, the city attorney opened an investigation into possible violations of state and municipal law by TNCs, including Uber. The city attorney issued the administrative subpoenas to Uber, including a request for: Annual Reports filed by Uber with CPUC, 2013-2017 and all of the raw data supporting those reports on providing accessible vehicles, driver violations/suspensions, number of drivers completing training courses, updates on accessibility plans, report on hours/miles logged by drivers, and providing service by zip code. Uber refused to comply, arguing that the CPUC had primary jurisdiction. The court of appeal affirmed a trial court order that Uber produce the reports. It was within the city attorney’s investigative powers to issue the administrative subpoenas. Public Utilities Code section 1759 did not deprive the trial court of jurisdiction and the primary jurisdiction doctrine did not apply to postpone enforcement of the administrative subpoenas. View "City and County of San Francisco v. Uber Technologies, Inc." on Justia Law