Medical Transportation Management Corporation - Page 19

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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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Last modified: May 25, 2011