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even if we accepted that premise as fact, it does not impact our
finding that the routes traveled by petitioners were not regular.
Even with respect to manifests that contained only subscription
passengers, to the extent that they existed, it was possible that
passengers could change from one week to the next as a result of
cancellations or new subscriptions. As evidenced at trial
through the testimony of the general manager of Cosmis, there was
no way of knowing, short of asking the driver, whether the
vehicle followed the same or similar routes as the corresponding
run on a subsequent day or week. Petitioners conceded that the
information on the daily manifests was subject to change from
day-to-day based on daily passenger reservations and
subscriptions. An examination of the daily manifests submitted
in the record reveals that no two manifests contained
substantially similar patterns of destinations traveled or
pickup/dropoff times.7 The manifests had to be modified on a
daily basis to accommodate all of the changes in the needs of the
6(...continued)
riders were subscription and what percentage were reservation.
7The most that can be said about the regularity of the
routes traveled as evidenced in the manifests submitted is that
in a given week several addresses appeared more than once and in
some instances at the same time of day. However, the record is
devoid of any instance where the same route was traveled from
start to finish more than once. In the sample manifests
provided, after a painstaking examination, there is an occasional
cluster of addresses that show up more than once a week, but
otherwise the routes are completely different.
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