961127.docx

DECISION MEMORANDUM
TO:COMMISSIONER NELSON
COMMISSIONER SMITH
COMMISSIONER HANSEN
MYRNA WALTERS
TONYA CLARK
DON HOWELL
STEPHANIE MILLER
DAVE SCHUNKE
RON LAW
GARY RICHARDSON
WORKING FILE
FROM:BRAD PURDY
DATE:November 27, 1996
RE:REQUEST FOR EXTENSION OF CONDITIONAL PERMIT FROM VIA EXPEDITORS, INC.
On June 29, 1995, the Commission issued Order No. 25946 granting a conditional motor carrier permit to VIA Expeditors, Inc. (VIA) for a one year period.  Subsequent to the expiration of that period, Staff conducted a compliance review of VIA and, because of several violations discovered, VIA did not receive a satisfactory rating as required by Order No. 25946.
VIA has requested that the Commission grant an extension of its conditional permit to allow VIA the opportunity to obtain a satisfactory rating.  VIA contends that it was under a mistaken impression as to what was required of it in order to obtain a satisfactory rating.  This allegedly results from the fact that VIA worked with two separate employees of the Commission’s Regulated Carrier Division, which purportedly caused VIA to have some confusion regarding the requirements of a satisfactory rating.  After consideration of VIA’s request, Staff agrees that there is some basis for VIA’s confusion and recommends that the Commission issue an order extending VIA’s conditional permit until April 1, 1997.
As a show of good faith, VIA has executed the consent agreement attached to this memorandum as Exhibit “A” in which VIA agrees to take whatever action is necessary to obtain a satisfactory safety rating no later than April 1, 1997.  VIA further agrees that in the event it fails to obtain a satisfactory safety rating by that date, it will forfeit its right to operate within the state of Idaho as a Common Carrier.
Commission Decision:
Does the Commission wish to grant VIA’s request for an extension of its conditional permit?
Brad Purdy
cm\M:via.bp