Limelight Limousine, Inc. v. Pennsylvania Public Utility Commission

Citations: 97 Pa. Commw. 446; 509 A.2d 1364; 1986 Pa. Commw. LEXIS 2199Docket: Appeal, No. 1304 C.D. 1985

Court: Commonwealth Court of Pennsylvania; May 27, 1986; Pennsylvania; State Appellate Court

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Petitioner Limelight Limousine, Inc. appeals a Pennsylvania Public Utility Commission (PUC) order stating its certificate of right does not authorize Airport Transfer Service. The original certificate, granted to Petitioner's predecessor in 1976, allowed transport of persons in luxury limousines with a maximum capacity of seven. An amendment in 1979 expanded this authority to include limousine service for up to twelve passengers, with restrictions on vehicle count and capacity. After acquiring its interest in 1984, Petitioner sought a declaratory order to affirm its right to provide Airport Transfer Service using 12-passenger vans at per-passenger rates, a service it had already begun. The PUC, however, ruled on April 18, 1985, that Petitioner's certificate only allowed 'Limousine Service' as defined by 1981 regulations, which differentiated between exclusive limousine service and nonexclusive airport services. Petitioner contends the 1979 amendment intended to permit Airport Transfer Service. The court highlights that the service type at the time of the original application is crucial for determining authority, noting that testimony from the administrative hearing suggested the intention to provide airport service in vans. Despite ambiguity in whether charges would be per-passenger or per-hour, evidence indicated the service involved picking up passengers at their homes, supporting Petitioner's claim for the right to operate Airport Transfer Service on a per-passenger basis.

The Commission determined that the Petitioner’s certificate did not include the right to provide Airport Transfer Service, based on the 1979 amendment's reference to 'limousine service.' The Commission interpreted this term using the 1981 regulation's definition, concluding it excluded Airport Transfer Service. However, at the time of the amendment, 'limousine service' was not defined in regulations, making it unreasonable to assume that it was intended to limit the service to the current definition under Section 29.332. Historical context shows that the term 'limousine' has been used variably, including in contexts indicating a luxury vehicle for nonexclusive airport services. The Commission’s prior decision in Yellow Limousine Service acknowledged the term's dual meanings.

The current regulation recognizes 'airport transfer, airport limousine' within common carriage, indicating that the authority granted to the Petitioner in 1976 for luxury-type vehicles encompassed services now identified as Airport Transfer Service. Thus, it was concluded that the Commission erred in denying this right. The Commission's reliance on the Burgit case to support its position was misplaced, as the context differed; in Burgit, the service was clearly defined as luxury-type, while the Petitioner sought services that align with Airport Transfer Service. Therefore, the Commission improperly applied regulations from a different class of service to limit the Petitioner’s rights.

Section 29.13 of the Commission's regulations indicates that services not fully aligning with a standard class should follow the regulations of the closest corresponding class. The Commission incorrectly applied regulations for 'Limousine Service' to an Airport Transfer Service certificate, leading to the need for reversal of its decision. The order dated April 8, 1985, by the Pennsylvania Public Utility Commission, Docket No. A-00105268, has been reversed, and the matter is remanded for a declaratory order affirming the Petitioner's right to provide Airport Transfer Service. 

The original certificate was held by a partnership known as Limelight Limousine, which transferred its certificates to the current Petitioner in 1984. Commission regulations define 'exclusive service' as transportation where the hiring party has sole discretion over passenger inclusion, while 'nonexclusive service' allows for additional passengers under specific conditions. 'Limousine Service' is defined as exclusive transportation based on prior orders and single charges from one person or entity, whereas 'Airport Transfer Service' is defined as nonexclusive transportation to and from airports, with services offered on a scheduled or request basis. 

The scope of review for Commission orders is limited to assessing constitutional rights violations, legal errors, procedural violations, or insufficient evidence. Additionally, the term 'limousine' encompasses both luxurious sedans and smaller buses, as noted in Webster's New Collegiate Dictionary.