BALDY.docx

August 21, 1996
Chris Simpson
Baldy’s Inc.
Baldy’s Express Shuttle
Baldy Mountain Taxi
PO Box 5172
Ketchum, ID 83340
Re: Unauthorized Operation of Motor Carrier
Dear Mr. Simpson:
Idaho motor carrier laws make it “unlawful for any motor carrier, as the term is defined in this chapter, to operate any motor vehicle in motor transportation without first having obtained from the [Public Utilities] commission a permit covering such operation.” Idaho Code § 61-802. The Commission issued a permit to Baldy’s Inc. dba Baldy’s Express Shuttle (“Baldy’s”) on October 19, 1994, but that permit was subsequently revoked by the Commission.  Commission Order No. 26429, issued April 24, 1996, revoked the permit for failure to obtain the necessary insurance and to provide annual reports required by law. Order No. 26429 also ordered Baldy’s to “cease and desist from conducting intrastate motor carrier service.”
I understand you are conducting motor carrier operations, for which a permit is required from the Commission, without obtaining PUC authorization.  Idaho Code § 61-705 authorizes the Commission to obtain an injunction to prevent unlawful motor carrier operations. Additionally, Idaho Code § 61-712 authorizes the Commission to bring suit to collect fines for violations of the motor carrier laws, which may be $2,000 for each offense. According to Idaho Code § 61-707, “each day’s continuance [of a violation] shall be deemed to be a separate and distinct offense.”  
This correspondence is to request that you cease and desist operation as a motor carrier until you receive a permit from the Commission. If an application for operating authority is not received by the Commission’s Regulated Carrier Division by September 6, 1996, legal action will be commenced to obtain an injunction against you and to seek recovery of the maximum fines allowed by law.
Please contact me if you have any questions.
Sincerely,
Weldon B. Stutzman
Deputy Attorney General
cc:Ralph Nelson, President
Public Utilities Commission
Ron Law, Administrator
Regulated Carrier Division
L-baldy.ws