New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 16:51-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Answer" means the pleading filed by a petitioner or a
				  respondent in response to either a motion or a complaint petition.
"Autobus" means and includes any motor vehicle or motorbus
				  operated over public highways or in public places in the State for the
				  transportation of passengers for hire in intrastate business, whether used in
				  regular route, casino, charter or special bus operations, notwithstanding that
				  such motor vehicle may be used in interstate commerce, but shall not include a
				  taxicab, limousine or autocab, jitney or special paratransit vehicle.
"Autobus company" or "autobus carrier" means any person or
				  party that possesses a valid Certificate of Public Convenience and Necessity to
				  conduct autobus operations, which Certificate has been issued by the New Jersey
				  Motor Vehicle Commission, or by the New Jersey Department of Transportation,
				  or, if issued prior to January 1, 1979, by the State's Board of Public
				  Utilities, or a valid authority for the conduct of interstate or charter
				  operations, which authority has been issued by the Federal government.
"Autobus utility" or "autobus carrier" means any person or
				  party that possesses a valid Certificate of Public Convenience and Necessity to
				  conduct autobus operations, which Certificate has been issued by the Division
				  or its predecessors, or, if issued prior to January 1, 1979, by the States
				  Board of Public Utilities, or a valid authority for the conduct of interstate
				  or charter operations, which authority has been issued by the Federal
				  government.
"Casino route bus operation" means and includes regular route
				  in the nature of special bus operation, as defined below in this
				  section.
"Certificate" means a Certificate of Public Convenience and
				  Necessity.
"Certificate of Public Convenience and Necessity" means a
				  final administrative order of the Division or its predecessors, which
				  certificate grants authority to a person or other legal entity to operate a
				  specific type (or types) of autobus service(s) within the State of New
				  Jersey.
"Charter" or "charter bus operation" means and includes the
				  operation of an autobus, not on a regular schedule, by the person owning or
				  leasing such bus or buses pursuant to a contract, agreement or arrangement to
				  furnish an autobus or autobuses and a driver or drivers thereof to a person,
				  group of persons or organization (corporate or otherwise) for a trip designated
				  by such person, group of persons or organization for a fixed charge per trip,
				  per autobus, per period of time or per mile, but not per person or per
				  head.
"Chief Administrator" means the Chief Administrator of the
				  Commission.
"Closed door service" means and includes the operation
				  between fixed termini, on a regular schedule, which operation is restricted to
				  a particular group or population and is not offered to members of the public
				  along the route; closed door service is deemed to be regular route service
				  regardless of how the fare is calculated or paid.
"Commission" means the New Jersey Motor Vehicle
				  Commission.
"Complaint petition" means a pleading by which a party seeks
				  to have the Commission invoke its jurisdiction for the purpose of enforcing one
				  or more provisions of the New Jersey Revised Statutes, the New Jersey
				  Administrative Code or any orders or rulings of the Commission or its
				  predecessors against an autobus company.
"Contract service" means and includes the operation of an
				  autobus service under contract with a separate public or private person or
				  entity and which contract includes certain restrictions.
"Director" means the Director of the Division of Inspection
				  Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East State Street,
				  PO Box 680, Trenton, NJ 08666-0680, or any other person duly authorized by the
				  Chief Administrator to act in such a capacity.
"Division" means the Division of Inspection Services Bus
				  Unit, New Jersey Motor Vehicle Commission, 225 East State Street, PO Box 680,
				  Trenton, NJ 08666-0680.
"Exception Letter" means the Divisions first correspondence
				  with a petitioner after the Divisions initial review of a filed petition, which
				  letter indicates whether or not the petition is incomplete.
"For hire" means for direct or indirect hire; any service for
				  which the driver of the vehicle is compensated or that is included in the
				  duties of a person who renders services for compensation is deemed to be for
				  hire.
"Intervenor" means a movant whose motion to intervene has
				  been granted by the Division, and who thereby has standing to present testimony
				  to the Office of Administrative Law in contested cases, to file exceptions and
				  replies thereto to initial decisions of the Office of Administrative Law, and
				  otherwise to participate in the matter before the Office of Administrative Law
				  and the Division in all respects, as if named as a party at the inception of
				  the matter.
"Jitney" means a vehicle with a carrying capacity of not more
				  than 13 passengers, if operated under municipal consent wholly within the
				  limits of a single municipality, or of not more than 20 passengers, if operated
				  under municipal authority wholly within not more than four coterminous
				  municipalities within any county of the fifth or sixth class.
"Medical transportation" means the transport of elderly or
				  disabled passengers in vehicles specially equipped for such purpose, but not as
				  part of or pursuant to a county Job Access-Reverse Commute (JARC) plan. Unless
				  conducted along a regular route, medical transportation is deemed to be a
				  special bus operation.
"Motion to Intervene" means the formal pleading filed by a
				  party by which pleading the said party seeks to be granted leave to intervene
				  in a proceeding before the Division.
"Movant" means a person that has filed a motion with the
				  Division.
"Objector" means a person that has filed with the Division a
				  written objection to a petition pending before the Division, but that is not an
				  intervenor.
"Office" means the Office of Regulatory Affairs, Division of
				  Legal, Legislative and Regulatory Affairs, Motor Vehicle Commission, State of
				  New Jersey.
"Omnibus 1 vehicles" are used for the transportation of
				  passengers for hire, except commuter vans, vehicles used in ridesharing
				  arrangements, and school buses, if the same are not otherwise used in the
				  transportation of passengers for hire. Omnibus 1 vehicles will include regular
				  route buses, charter bus operations, and special bus operations.
"Omnibus 2 vehicles" are motor vehicles operated by a company
				  or individual that provides passenger transportation to a target audience or
				  market that is not in competition with a publicly regulated transit route or
				  does not collect fares from the general public.
The Chief Administrator may authorize Omnibus 2 registrations
				  and license plates, and thereafter Omnibus 2 vehicles will display a plate with
				  the letter "O", the numeric character "2" and four alpha or numeric characters
				  (O2 # ###). Omnibus 2 vehicles will also have a separate registration code from
				  Omnibus 1 vehicles. The 10 types of Omnibus 2 vehicles are as follows:
1. Medical livery, which provides transport
				for ambulatory individual(s), which may include transport to and from a medical
				day care center, for the purpose of mental health assessment or other
				non-emergency medical treatment, not including transportation in a mobility
				assistance vehicle (MAV) or an ambulance;
2. Adult day care transport, which provides
				transportation to a community-based group program designed to meet the needs of
				functionally or cognitively impaired adults;
3. Adult community transport, which provides
				transportation to senior citizens or other special needs individuals from an
				aged restricted community, municipality, or other jurisdiction to various
				services, such as medical appointments, stores, and recreational
				activities;
4. Car rental
				transport, which provides service to and from a transportation hub, such as a
				train station, airport, or marine terminal and rental car facility to clients
				of a specific rental car company;
5. Collegiate transport, which provides
				shuttle or transportation service to the student body or faculty to move within
				the college or university community or school-related activities;
6. Hotel complimentary transport, which is a
				service provided by a business concern to transport clients from one property
				owned by the business to another property owned by the same business at no
				additional cost other than the possibility of continued patronage;
7. Farm labor transport, which moves farm
				workers to and from a muster zone or agriculture center or between agriculture
				centers;
8. Day labor transport,
				which carries temporary employees to and from a muster zone and place of
				employment or work site(s);
9.
				Recreational transport, which shuttles clients from a recreational provider or
				outfitter, to and from the customer parking lot and the service area;
				and
10. Time share transport, which
				provides services, by a real estate broker or developer, to transport
				prospective clients to and from assets for sale, lease, or for other financial
				arrangements.
"Party" means a person that is a participant in an action or
				  proceeding before the Division.
"Person" means an individual, corporation, partnership,
				  association, group of persons or organizations, any body politic, political
				  subdivision or governmental instrumentality, or any other entity legally
				  capable of being or becoming an autobus carrier.
"Petition" means the pleading filed to initiate a proceeding
				  and invoking the jurisdiction of the Division.
"Petitioner" means a person who has filed a petition with the
				  Division or, in the case of a petition for transfer, the person that is the
				  proposed certificate holder.
"Regular route" or "regular route bus operation" means and
				  includes the operation of an autobus between fixed termini, on a regular
				  schedule, and with a provision for convenient one-way fare/transportation in
				  either direction, and shall also include all existing regular route operations
				  to and from any casino licensed under the Casino Control Act, P.L. 1977, c. 110
				  (5:12-1 et seq.) unless that
				  operation to and from casinos has been determined by the Division to be other
				  than a regular route operation.
"Regular route in the nature of special bus operation" means
				  and includes the operation of an autobus to or from any casino licensed under
				  the Casino Control Act, P.L. 1977, c. 110 (5:12-1 et seq.) unless that
				  operation has been determined by the Division to be a regular route bus
				  operation.
"Reply" means the pleading filed by a party in response to an
				  answer upon the request or order of the Division.
"Respondent" means any party against whom a complaint
				  petition or a motion is directed.
"Restricted regular route service" means regular route
				  service with restrictions as to equipment, hours, routes or passengers, and
				  includes but is not limited to, closed door service and contract service, as
				  defined above in this section.
"Service Area" means that area that is described by and
				  included within a one and one-quarter mile radius from any pickup or drop off
				  point on the regular route that is the subject of the petition or action before
				  the Division.
"Special" or "special bus operation" means and includes the
				  operation by the owner or lessee of an autobus or autobuses for the purpose of
				  carrying passengers for hire not on a regular schedule, each passenger paying
				  or being charged a fixed charge for his or her carriage, on a special trip
				  arranged or designed by such owner or lessee, whether or not on the order of
				  the passenger or passengers, which fixed charge may or may not include special
				  premiums; door-to-door service that does not constitute a charter and is not
				  conducted on a regular schedule is deemed to be a special operation.
"Special premiums" means and includes the provision of meals,
				  gifts, lodging, entertainment, sightseeing services or similar inducements in
				  connection with the purchase of a ticket; no casino bonuses shall be included
				  in this definition.
"VIN" means and includes the vehicle identification number
				  assigned to a vehicle.