BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION WASHINGTON UTILITIES AND DOCKET TRANSPORTATION COMMISSION, Complainant, v. more THE DUCKS OF SEATTLE, L.L.C. JOINT d/b/a SEATTLE DUCK TOURS, Respondent. This Joint Stipulation is entered-into by the Staff of the Washington Utilities and Transportation Cernniission (?Staff?) and Ride the Ducks of Seattle, L.L.C. d/b/a Scattle Duck Tours (?Ride the Ducks? or ??Company?), collectively, the Parties. This Joint Stipulation is subject to the Commission?s approval and acceptance. This Joint Stipulation is entered into for the purpose of clarifying the Parties? positions regarding the Commission?s September 28, 2015, summary action suspending the Company?s certi?cate (No. ES-OOI46) to operate and provide excursion services. The suspension is in effect, pending a comprehensive Staff investigation and inspection of the safety of the Company?s drivers and operating ?eet of vehicles, including review of relevant operations and maintenance records. Staff? 3 investigation is brought about by the September 24, 2015, incident described in the Commission?s September 28, 2015, Notice of JOINT STIPULATION - Emergency Adjudication and Order Suspending Certi?cate, and September 29,- 2015, Complaint for Violations of Safety Rules. In the context of an Emergency Adj udicative Proceeding, the Administrative Procedure Act limits the scope of emergency action to ?onlyisuch action as is necessary to prevent or avoid the immediate danger to the public health, safety, or welfare that justi?es use of emergency adjt?tdication.?1 The law requires that an agency implement the least restrictive reasonable means to protect the public with respect to the time and nature of the, cessation of services. I The Parties stipulate as follows: 1. Ride the Ducks stipulates to the suspension of its excursion certificate (No. BS 00146) pending conclusiOn of the presently ongoing investigation by the Staff of the Commission, in accordance with Paragraphs 2, 3 and 4; 2. Commission Staff stipulates that, if feasible, it will ?rst investigate the Company?s ?Truck Duck? vehicles. Unlike the ?Stretch Duck? Vehicles, which were built on World War Il-era chassis and allegedly have defective axles, the Truck Duck vehicles have a different chassis and axle_System. 3. The Parties? joint?objective is to return to service, if appropriate, within thiity days, those Truck Duck vehicles that have passed regulatory inspection in a satisfactory manner. The Parties? joint obj ective is also to return to service the ?Stretch Duck? vehicles that have passed regulatory inspection in a satisfactory manner, within a reasonable period of time. i now 34.05.4790). JOINT STIPULATION 2 4. If appropriate, within thirty days of the date of this Joint Stipulation, the Parties will confer regarding the status of the investigation and report back to the Commission at that time. The Parties will arrive at andjointly propose a hearing schedule at the conclusion of Staff?s investigation. DATED this 30th day of September 2015. - ROBERT W. FERGUSON Attorney General SKEW Seni Assis nt Attorney General Counsel for Washington Utilities and Transportation Commission Staff JOINT STIPULATION - 3 BUCHANAN FOBES LEITCH, RS. DUNC S, Counsel for Ride the Ducks of Seattle, L.L.C. d/b/a Seattle Duck Tern-s