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been required to provide “on-demand service” to passengers who
were not listed in the original manifest but for medical reasons
required immediate transportation.
Prior to each day’s operation, Cosmis would obtain the
necessary pickup information for each prospective passenger.
Petitioners’ contract with Cosmis required that petitioners
maintain a listing of every trip dispatched and delivered.
Cosmis would schedule these rides at least the night before the
ride and download the information to petitioners before the
travel day. The information was set out in a daily travel
manifest containing the specified schedule to be followed and
used exclusively for that specific day. A new daily manifest was
generated for each new travel day. Typical daily manifests would
contain both reservation and subscription passengers. For each
travel day, the daily manifest would contain the specific
locations and times of the pickups and dropoffs. The information
on daily manifests was subject to change from day-to-day based on
daily passenger reservations and subscriptions. A daily manifest
might or might not have included a stop that had been included on
a previous or subsequent daily manifest. The specific routes
traveled and schedules followed by petitioners’ sedans and vans
were derived from passenger subscriptions and daily reservations.
The manifests did not contain the specific routes to be followed;
the manifests only listed the names of the passengers and the
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Last modified: May 25, 2011