Abbott Bus Lines, Inc. v. Courtesy Bus Lines, Inc.

335 S.E.2d 818, 230 Va. 181, 1985 Va. LEXIS 267
Supreme Court of Virginia·Decided October 11, 1985·No. Record No. 850202·Published·Cited by 3 cases

Opinion

POFF, J.,

delivered the opinion of the Court.

This is an appeal by two of several original protestants from an order of the State Corporation Commission awarding an applicant a certificate of public convenience and necessity as a special or charter party carrier by motor vehicle. See Code §§ 56-338.50, et seq.

The class “B” certificate (see Code § 56-338.53) authorized Courtesy Bus Lines, Inc., to provide intrastate service throughout the Commonwealth for trips originating in two cities, Roanoke and Covington, and three counties, Roanoke, Alleghany, and Franklin. Abbott Bus Lines, Inc., and Gibson Bus Line, Inc., the appellant-protestants, pray that the Commission’s order “be reversed in full, or at least... in part, and remanded insofar as the same authorizes . . . special or charter party service from the City of Roanoke and the County of Roanoke to other points in Virginia.”

The Commission based its award upon the threefold test defined in Atlantic Greyhound v. Jones Bus Co., 216 Va. 255, 217 S.E.2d 857 (1975). There, we held that by enacting Code § 56-388.54,* [183] the General Assembly intended the Commission’s decision on an application for a special or charter party certificate to “be based upon a consideration of three factors, namely: (1) an existing public need for the proposed carrier’s service; (2) the proposed carrier’s ability to provide economical, comfortable and convenient service for the geographical area; and (3) the economic and competitive impact which the proposed carrier would have upon existing carriers providing similar service within the same territory.” Id. at 258, 217 S.E.2d at 859.

The protestants first contend that the evidence was insufficient to support the Commission’s finding of public need. The evidence showed that George H. Ashwell, formerly employed as a bus driver by Abbott, decided to go into business for himself. Courtesy, of which Ashwell is president, sole stockholder, and principal driver, was incorporated in April 1984. The Interstate Commerce Commission granted the Roanoke-based company charter party authority for trips within the continental United States, and in May 1984, Courtesy filed an application with the State Corporation Commission for a class “B” certificate authorizing certain intrastate trips. Courtesy owns and operates two 1984 model motor coaches, each of which accommodates 47 passengers.

At the time of the October 1984 hearing conducted below, six carriers, three of which were based in Roanoke, offered intrastate charter service originating in the Roanoke metropolitan area. Witnesses representing a travel agency and senior citizens groups testified that the two largest carriers were “much more expensive”, “quite a bit more expensive”, and senior citizens “cannot afford them”. One carrier offered only commuter service and “short trips”. Another operated “mini-buses” and owned only one larger coach. Gibson and Appalachian Coach Company, Inc. (an allied corporation based in Roanoke) jointly owned 13 full-sized buses [184] and Abbott 23. In the two years preceding the hearing, Gibson had spent $600,000 “to try to meet the public need, as far as updating the equipment.” In the last six months, Abbott had added four units to its fléet of buses.

Courtesy introduced eight witnesses in support of its application. Ashwell testified that he had received “[a]t least... a call a week” requesting intrastate charter service. When he explained that Courtesy could not make intrastate trips and advised his callers to contact other bus lines, they usually told him “there is nobody else to call, they can’t get the buses.” Two of the three Roanoke-based charter carriers had contacted Ashwell seeking additional buses because their own coaches were fully committed.

Kathleen Simms, Courtesy’s treasurer and office manager, testified that she had received requests for intrastate transportation from callers who told her “we can’t get a bus unless we go . . . out of state ... to get one.” She said that, in the week preceding the hearing, she had received “at least 15 calls wanting a bus” for intrastate trips planned for a weekend in November.

The Commission heard the testimony of six public witnesses in support of Courtesy’s application. Essie Doss, who has been organizing from 12 to 20 intrastate and interstate trips per year for senior-citizen groups in Rocky Mount and Franklin County, testified that she had been using Abbott transportation “when I could get them” but that “[t]he last year or two, when I called to book them, they didn’t have charter service for me on occasional trips”. She said that Abbott “didn’t have any buses available to me” for trips she had arranged to “Tangier Island, Williamsburg and what have you” in the spring of 1984. “[B]ecause I have a problem with transportation,” she added, “I didn’t run very many [intrastate trips] last year”. Doss felt that there was a need for additional charter service in the area because senior citizens “would like to take trips, one-day trips, and they are looking for the cheapest way [and] the quality of the bus service”. Beulah Davis, a tour-guide assistant to Doss, agreed that there is a need for Courtesy’s service.

Donna Fox, who arranges trips for senior citizens in Covington and Alleghany County, usually employs Courtesy and Abbott. “This past spring,” she said, “we had to call the second bus line because Abbott was not available in the spring.” She explained that “[w]e were going to go to a second carrier, but the trip didn’t go through.” Some trips she planned had to be rescheduled be[185] cause buses were not available. Fox preferred to use Courtesy because its prices were “[l]ower”, its equipment was “[g]reat’\ its service was “[t]errific”, and Ashwell was one of the senior citizens’ “favorite” drivers. The testimony of Shirley Pullen, Fox’s superior, was to the same general effect.

Elizabeth Hagood, a travel broker whose licensed area extends to Roanoke and Roanoke County, had recently opened her own travel agency in Bristol following eight years’ experience with an agency in Richmond. She planned to organize “motor coach trips through Virginia and outside of the state.” Hagood believed there “is a demand for the Williamsburg area, the Yorktown area, the Northern Virginia area and . . . the southwest Virginia area”. She said she supported Courtesy’s application because she “could not work with Mr. Abbott” and felt that Abbott’s service “was not handled in a business-like way.”

Mary Garman arranges charter party trips for the Roanoke Fiddle and Banjo Booster Club. The club, which has several thousand members drawn from the Roanoke community and elsewhere, holds meetings and conducts concerts once a month at the Civic Center in Roanoke. Garman said that the group charters buses, sometimes as many as three, for “[approximately 45 trips” a year to points in Virginia and other states. “We do approximately [$45,000.00] to $50,000.00 worth of business a year with the bus company,” she said, and “[m]ost of my bus trips leave from Towers Mall”, a shopping center in Roanoke. She testified that, in past years when the club was using Abbott buses, the club had “taken a lot of trips ... to Williamsburg and different places” in Virginia. In the last two years, however, the group had not chartered Abbott and had taken only three intrastate trips arranged with other certificated carriers.

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Abbott Bus Lines, Inc. v. Courtesy Bus Lines, Inc., 335 S.E.2d 818, 230 Va. 181, 1985 Va. LEXIS 267 (Va. 1985).

335 S.E.2d 818 (Abbott Bus Lines, Inc. v. Courtesy Bus Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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