26817.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF ARNOLD E. GUMM DBA MOBILE HOME RELOCATORS FOR MOTOR COMMON/ CONTRACT CARRIER AUTHORITY.
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CASE NO. M-6859-9
ORDER NO.  26817
On September 30, 1996, Arnold Gumm, dba Mobile Home Relocators (MHR) filed an Application for motor common/contract carrier authority.  On December 4, 1996, this Commission issued Order No. 26699 stating that MHR would be issued a Motor Carrier Permit “upon compliance. . .with the regulations of this Commission pertaining to a satisfactory safety rating.”  Order No. 26699 at p. 2.  The Order further stated that if the Applicant failed to submit proof of insurance and other documents required by the Commission within 42 days, its authority would be revoked.
On January 3, 1997, the Commission Staff conducted a safety review disclosing that MHR had few records.  Consequently, it will take time for the Applicant to develop adequate records on which to base a safety review.  
F I N D I N G S
Rule 41.04(a) of the Commission’s Motor Carrier Rules, IDAPA 31.61.01.000, provides that an applicant for a motor carrier permit must show that it will conform to the provisions of the Motor Carrier Act and other requirements promulgated by the Commission pursuant to the Motor Carrier Rules and that it will “demonstrate safety, fitness and ability.”  Furthermore, the rule provides that the Application “will show that the Applicant has received and maintained a satisfactory safety rating or has a conditional rating, which will be upgraded to satisfactory within one year.”  We note that Mr. Gumm has satisfactorily submitted proof of insurance and other documents required by the Commission within the 42-day time period set forth in Order No. 26699.  All that remains for MHR to satisfy the balance of the requirements of that Order is that it obtain a satisfactory safety rating.  The Commission Staff has recommended that MHR be limited to a 120-day period in which to obtain a satisfactory safety  rating.  Staff’s recommendation is based upon Mr. Gumm’s inability to abide with Commission rules  and regulations in the past.  For instance, Staff notes, Mr. Gumm has had a motor carrier permit suspended three times by this Commission in the past 12 years.  Rule 1 of the Motor Carrier Rules provides that “unless prohibited by statute or rule of substantive law, the Commission may permit deviation from procedural rules in these Motor Carrier Rules when it finds compliance with them is impracticable, unnecessary or not in the public interest.”  Because of Mr. Gumm’s history, we find that it would be in the public interest to limit MHR’s conditional authority to a 120-day period.  If by the end of that period, MHR has not obtained a satisfactory safety rating, then its conditional authority shall be rescinded and its Application for permanent authority shall be denied.
O R D E R
IT IS HEREBY ORDERED that MHR be granted conditional authority to operate as a motor common/contract carrier for a period of 120 days.  If by the end of the time period, MHR has not yet obtained a satisfactory safety rating, then its conditional authority shall be rescinded and its Application for permanent authority shall be denied.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of February 1997.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:M-6859-9.bp
COMMENTS AND ANNOTATIONS
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Service Date
February 25, 1997