reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 2 - CERTIFICATE OF REGISTRATION AND BRIDGE BANNER PERMIT FOR NON-COMMERCIAL EXPRESSION › Section 16:83-2.14 - Liability

Current through Register Vol. 56, No. 14, July 15, 2024
Certificate of Registration and Banner Permit holders assume
				  all liability for any and all damage or injury arising out of the
				  Certificate/Permit holder's use, occupancy, noncommercial speech, or expressive
				  activity, on or about NJ TRANSIT's facilities or equipment, and, by accepting
				  the Certificate of Registration or Banner Permit, agree to release the State of
				  New Jersey, NJ TRANSIT, its directors and its subsidiaries, and servants,
				  employees, and agents from any and all liability or damage resulting from the
				  Certificate/Permit holder's use or occupancy of NJ TRANSIT's facilities or
				  equipment in connection with the Certificate of Registration or Banner Permit.
				  NJ TRANSIT shall not be responsible for the security and/or safeguarding of any
				  funds collected by a Certificate of Registration holder.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.2 - Access during emergency

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT may temporarily grant or restrict public access to
				  its facilities and equipment, or to portions thereof, at its sole discretion
				  for emergent public health, safety, or welfare reasons without prior notice.
				  When there is a threat to the public health, safety, or welfare, NJ TRANSIT
				  facilities and equipment, or portions thereof, may be closed by any NJ TRANSIT
				  official who has the authority to do so upon personal communication, public
				  announcement, or conspicuous signage.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.3 - Rider conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				rider's conduct impedes or threatens the safe operation of NJ TRANSIT equipment
				or the transit system, the disruptive rider's privilege to ride on NJ TRANSIT's
				system may be suspended. Such conduct that impedes or threatens the safe
				operation of NJ TRANSIT equipment includes:
1. Acts of assault on operational employees
				as defined pursuant to the VPA, at N.J.S.A. 2C:12-1b(5) (g);
2. Acts of assault on a transit worker as
				defined by IIJA, codified at 49 U.S.C.§
											5302(1);
3. Any other activity prohibited by Federal
				law and/or regulation, State law, and/or rule, or local ordinance that
				interferes, impedes, or threatens the safe operation of NJ TRANSIT equipment;
				and/or
4. Lewd and/or harassing
				behavior that is so disruptive that it threatens the welfare and/or safety of
				operational employees and/or riders.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.4 - Suspension of ridership privileges

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				In addition to the immediate removal from NJ TRANSIT facilities or equipment,
				along with any such other actions or remedies that may be available pursuant to
				law or equity, riders who are found to have engaged in prohibited acts pursuant
				to N.J.A.C. 16:83-3.3, as a result of
				a first offense, may have their ridership privileges on NJ TRANSIT's system
				suspended for a period not to exceed three calendar months. If the rider
				engages in a second offense, ridership privileges may be suspended for a period
				not to exceed six calendar months. Ridership privileges may be suspended for up
				to one calendar year if a third or subsequent offense occurs. In exceptional
				circumstances, such as an injury sustained by a rider or operational employee
				as a result of prohibited behavior, a rider's privileges may be suspended for
				up to one calendar year, regardless of the number of offenses
				committed.
(b) If a rider uses a
				deadly weapon during the commission of an assault, NJ TRANSIT may, at its own
				discretion, prohibit that rider from accessing its transportation services for
				life.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.5 - Process for suspension of ridership privileges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice of a suspension shall be, in
				writing, state the reason for the suspension and the time period of the
				suspension, and contain a hearing date and location for a ridership suspension
				hearing, which may be telephonic and/or electronic through a video hosting
				platform, such as Zoom, Skype, and/or Teams, at which time the rider may appear
				to oppose the suspension.
(b) The
				notice of suspension shall be by email with the consent of the rider, and a
				valid email address provided by the rider, or by personal service, hand
				delivery, or through regular and/or certified mail. A rider who refuses to
				provide information sufficient to allow for service of the notice of
				suspension, or who provides false information to NJ TRANSIT, preventing NJ
				TRANSIT from serving a notice of suspension, shall be deemed to have waived
				service.
(c) NJ TRANSIT shall bear
				the burden of proving, by a preponderance of the evidence, both the prohibited
				behavior alleged and that the sanction it has imposed is consistent with the
				applicable law. Conformance to legal rules of evidence is not necessary, and NJ
				TRANSIT shall consider the relevancy and materiality of the evidence offered.
				In the event the rider does not appear for the hearing, after verifying that NJ
				TRANSIT sent proper notice pursuant to this section, and/or that proper notice
				to the rider was not possible due to the rider's failure or refusal to provide
				information sufficient to allow for service of the notice of suspension, or due
				to the rider's provision of false information to NJ TRANSIT, NJ TRANSIT will
				proceed with the hearing based upon the relevant evidence in its
				possession.
(d) The ridership
				suspension hearing shall be presided over by a hearing officer.
1. The hearing officer for a ridership
				suspension hearing shall consist of an NJ TRANSIT nonagreement employee
				designated by the senior vice president, general manager, and/or highest ranked
				equivalent, of the applicable operational unit where the alleged offense
				occurred.
2. It shall be the duty
				of the ridership suspension hearing officer to preside over the matter,
				allowing all parties an opportunity to present relevant evidence, including
				development of a record as to the facts and circumstances of the issues before
				the hearing officer.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.6 - Violations of a suspension

Current through Register Vol. 56, No. 14, July 15, 2024
If a rider continues to access the NJ TRANSIT system while
				  suspended, such act shall constitute an additional and separate offense
				  pursuant to this chapter. After the applicable hearing process has been held,
				  an additional and separate suspension, to run consecutively, may be assessed in
				  accordance with this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.7 - Appeal of suspension of ridership privileges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A rider has the right to appeal any
				determination made pursuant to this chapter, in accordance with (b) below. A
				rider also has the right to request that any suspension be tolled while such an
				appeal is pending.
(b) A rider with
				suspended ridership privileges may appeal their suspension by filing a notice
				of appeal with NJ TRANSIT, One Penn Plaza East, Newark, NJ 07105, within 10
				calendar days of NJ TRANSIT's notice of determination.
(c) Upon a rider's filing of an appeal, NJ
				TRANSIT shall appoint a Ridership Appeal Board (Board), which will review the
				suspension of ridership privileges, including, but not limited to, that the
				rider did not engage in the prohibited behavior pursuant to this chapter, as
				well as the basis and length of the suspension, before issuing a determination
				on the appeal. All appeals must be received by NJ TRANSIT within 10 calendar
				days from the date NJ TRANSIT's decision was rendered.
(d) It shall be the duty of the Ridership
				Appeal Board to act as a final appeals board in hearing and deciding ridership
				suspension cases. The Ridership Appeal Board shall consist of three members,
				and act by majority rule.
1. The chairperson
				of the Ridership Appeal Board shall preside at all meetings of the Ridership
				Appeal Board. The chairperson shall be the Chief of the NJ TRANSIT Police
				Department, or their designee.
2.
				The vice-chairperson shall perform the duties of the chairperson during any
				period of the latter's absence or incapacity. The vice-chairperson shall be
				appointed by the Chief Compliance Officer, upon the recommendation of the labor
				organization representing the impacted operational employee (s). If the
				applicable labor organization fails to recommend a vice-chairperson, the
				vice-chairperson shall be the Chief Compliance Officer, or their
				designee.
3. The executive
				secretary shall keep a record of proceedings of appeals heard by the Ridership
				Appeal Board and shall prepare minutes to record all actions of the Board
				during an appeal. The executive secretary shall be the senior vice president,
				general manager, and/or highest ranked equivalent, of the applicable
				operational unit where the alleged offense occurred, or their designee,
				however, such designee may not also have served as the hearing officer in the
				matter before the Ridership Appeal Board.
4. The chairperson of the Ridership Appeal
				Board, may issue subpoenas and shall sign all orders and other official
				documents issued in the name of the Ridership Appeal Board, and shall certify
				its decisions. The executive secretary shall be charged with the supervision of
				all administrative work of the Ridership Appeal Board.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.8 - Dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT is an entity of the State of New Jersey. Upon a
				  final determination by the Ridership Appeal Board that a rider's privileges
				  have been suspended, the rider may seek judicial review of the final agency
				  action of NJ TRANSIT by filing the appropriate appeal with the Superior Court
				  of New Jersey, Appellate Division, as provided by R.
				  2:2-3(a)(2).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 83 - CONDUCT AND SAFETY OF THE PUBLIC IN THE USE OF NJ TRANSIT EQUIPMENT AND FACILITIES › Subchapter 3 - RESTRICTIONS AND PROHIBITIONS FOR ALL NJ TRANSIT FACILITIES AND EQUIPMENT › Section 16:83-3.10 - Reservation of rights

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall not impact, bar, or limit the ability of
				  NJ TRANSIT, any law enforcement agency, or any affected individual, from
				  pursuing such other criminal and/or civil remedies as may be available to them
				  at law and/or equity arising from a rider's actions. A rider's failure to abide
				  by this chapter may result in NJ TRANSIT seeking additional relief at law
				  and/or equity.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:85-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New Jersey
				Transit Corporation (NJ TRANSIT) was established by the New Jersey Public
				Transportation Act of 1979,
				N.J.S.A.
				27:25-1et seq., as an instrumentality of the
				State to establish and provide for the operation and improvement of a coherent
				public transportation system in the most efficient and effective manner. One of
				the ways by which NJ TRANSIT fulfills this responsibility is by reviewing
				opportunities to contract out its regular route bus services. In April 1986,
				the NJ TRANSIT Board of Directors adopted a contracting out policy to govern
				how the bus services provided by NJ TRANSIT might be contracted out in order to
				reduce the cost of providing such services.
(b) The Board of Directors of NJ TRANSIT
				adopted its first contracting policies and procedures rules in 1993. This
				policy also established that all new NJ TRANSIT regular route bus service, and
				all redefined NJ TRANSIT routes resulting from a major restructuring of
				service, could be contracted out. Since 1986, NJ TRANSIT has awarded numerous
				contracts for the provision of regular route service to private bus carriers or
				determined that such services would be operated by NJ TRANSIT in accordance
				with the procedures set forth in this chapter. The rules constitute NJ
				transit's policy statement and procedures concerning contracting for the
				operation of regular route bus service. They are intended to govern whenever NJ
				TRANSIT performs a competitive procurement process seeking proposals for the
				operation of regular route bus services.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 2 - CRITERIA FOR CONTRACTING OF BUS SERVICE › Section 16:85-2.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Carriers have
				no right of any kind to the receipt of any contract for any regular route bus
				service pursuant to this chapter and the award of such service contracts will
				always be at the sole discretion of NJ TRANSIT acting in the exercise of its
				business judgment and pursuant to
				N.J.S.A.
				27:25-6.b.
(b) NJ TRANSIT is not required to contract
				for the operation of any regular route bus service. However, from time-to-time,
				as it may deem proper, NJ TRANSIT may offer for contracting, one or more
				regular route bus services. NJ TRANSIT's decision as to which specific routes
				may be offered for contracting will be based on NJ TRANSIT's determination of
				which services will serve NJ transit's best interests by being operated through
				a contract for service. However, all new NJ TRANSIT regular route bus service,
				and all NJ TRANSIT routes resulting from a major restructuring of service, will
				be offered for contracting, unless NJ TRANSIT determines that doing so will not
				provide for the operation of such regular route bus service in the most
				effective, efficient, coordinated, safe, and responsive manner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 2 - CRITERIA FOR CONTRACTING OF BUS SERVICE › Section 16:85-2.2 - Financial criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				decision to award to a carrier, a contract for regular route bus service will
				be made by NJ TRANSIT based upon whether such an award substantially improves
				the financial position of NJ TRANSIT. NJ TRANSIT will make such a determination
				by establishing a benchmark cost against which proposed costs shall be
				compared. The benchmark is not a bid, but rather is a detailed estimate of the
				incremental costs by an NJ TRANSIT operating subsidiary to operate the subject
				regular route service. Since the measurement of cost must be based on the net
				actual cost increase or cost savings to NJ TRANSIT, the marginal cost of
				operating the service will be used to determine the benchmark.
(b) The benchmark cost figure shall include,
				but not be limited to, the following types of costs: operators' labor,
				mechanics' labor, cleaners' labor, fringe benefits, fuel and lubricants,
				rentals, insurance, toll and departure fees, commissions, and all other direct
				costs. The benchmark may reflect any cost-related agreements reached in advance
				in writing between any NJ TRANSIT operating subsidiary and its unions in
				accordance with the applicable collective bargaining agreements. The benchmark
				shall be prepared confidentially by designated staff and will not be disclosed
				to staff involved in the evaluation of private carrier cost proposals until all
				proposals have been received and opened.
(c) Proposals from carriers that achieve the
				minimum technical evaluation score in accordance with N.J.A.C. 16:85-3.8 and
				offer to provide the regular route bus service at a cost less than the
				established benchmark, subject to (a) above and (d) below, shall be deemed to
				improve NJ transit's financial position. NJ TRANSIT shall determine whether
				such improvements in its financial position are substantial.
(d) Additional cost factors, which shall be
				included in NJ TRANSIT's assessment of proposals shall include, but are not
				limited to:
1. Lost opportunities to use
				part-time labor on other NJ TRANSIT routes, which result in cost increases for
				NJ TRANSIT;
2. All costs related to
				labor protection (unless the carrier agrees to assume such cost);
3. Any additional cost that NJ TRANSIT will
				incur, including monitoring and administrative costs, such as revenue
				collection equipment and services associated with the contract; and
4. Any necessary facility improvement cost
				that NJ TRANSIT will incur in order to accommodate the proposed
				service.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 2 - CRITERIA FOR CONTRACTING OF BUS SERVICE › Section 16:85-2.3 - Non-financial considerations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJ
				transit's decision to contract out regular route bus service is not based
				solely on the financial factors described in N.J.A.C. 16:85-2.2. In determining
				whether to contract out regular route bus services, NJ TRANSIT shall also
				consider the following non-financial factors:
1. The impact that the contracting out of
				these services will have on the provision of regular route bus services in the
				most effective, efficient, coordinated, safe, and responsive manner;
2. The need to encourage, to the maximum
				extent feasible, the participation of private enterprise in the provision of
				regular route bus services;
3.
				Whether a carrier, or its affiliates, are current in its, or their, accounts,
				with NJ TRANSIT or any other agency of the State of New Jersey;
4. The adequacy of performance by a carrier
				or its affiliates under other contracts or leases with NJ TRANSIT;
5. The carrier's compliance with applicable
				United States Department of Transportation Federal
Motor Carrier Safety Administration (FMCSA) and New Jersey
				  Motor Vehicle Commission (NJMVC) rules and regulations, the safety performance
				  and rating of the carrier, and the record of the carrier's vehicle inspections
				  performed by FMCSA, NJMVC, or the regulatory agencies of other states;
6. Whether a carrier has the
				ability to maintain and operate the equipment associated with the service;
				and
7. Any other factor that NJ
				TRANSIT deems relevant to a particular proposal and deems to be in the public
				interest.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.1 - Solicitation for proposals

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals for the provision of regular route bus services
				  shall be solicited by NJ TRANSIT in a manner that encourages, to the maximum
				  extent feasible, private carrier participation, unless it is otherwise deemed
				  appropriate by NJ TRANSIT to utilize, on a case-by-case basis, a different
				  method of solicitation due to the special needs and requirements of NJ
				  TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.2 - Proposers' disqualifications

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals from private carriers who, at the time of the
				  proposal, are in breach of any agreement with NJ TRANSIT, debarred, and/or in
				  destructive competition with NJ TRANSIT shall not be
				  considered.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.3 - Form and procedure for proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where NJ TRANSIT uses a request for
				proposal (RFP) to seek proposals, the RFP shall identify and contain, but not
				be limited to, the following:
1. Standards of
				service;
2. Standards of equipment
				and facility maintenance;
3. Audit
				and inspections;
4. Revenue system
				and collection process;
5.
				Reporting requirements; and
6.
				Proposal format and evaluation process.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.4 - Amendment of request for proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If after the issuance of an RFP, but
				before the time of opening of the proposals, NJ TRANSIT deems it necessary to
				make changes in scope, closing dates, or any other part of the RFP, or to
				correct a defective or ambiguous RFP, such changes shall be accomplished by the
				issuance of an amendment to the RFP or the RFP may be cancelled if deemed
				appropriate by NJ TRANSIT. The amendment or notice of cancellation shall be
				sent to those parties who have indicated in writing an interest to be supplied
				with the specific RFP in accordance with N.J.A.C. 16:85-3.3.
(b) Any information given to a prospective
				proposer concerning an RFP shall be furnished promptly to all other prospective
				proposers as an addendum to the RFP, if such information is deemed by NJ
				TRANSIT to be beneficial to the proposers in submitting proposals, or if the
				lack of such information would be prejudicial to uninformed
				proposers.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.5 - Cancellation of requests before opening

Current through Register Vol. 56, No. 14, July 15, 2024
Where an RFP is cancelled, proposals that have been received
				  shall be returned unopened to the proposers and a notice of cancellation shall
				  be sent to all prospective proposers to whom the RFP was issued. The notice of
				  cancellation shall identify the RFP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.6 - Receipt and safeguarding of proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All proposals received prior to the time
				of opening shall be kept secure, and except as provided in (b) below, unopened.
				If an RFP is cancelled, or if a proposer withdraws its proposal, all proposals,
				or the withdrawn proposal, as the case may be, shall be returned.
(b) Unidentified proposals may be opened
				solely for the purpose of identification and then immediately resealed. A
				record of this event shall be kept in the RFP file.
(c) All proposals received prior to, or at
				the time designated in the RFP for formal receipt, shall be distributed by the
				Procurement Department for review to designated NJ TRANSIT employees who have
				been identified by the Director of Private Carrier Affairs.
(d) The NJ TRANSIT benchmark, and a copy of
				any agreement between NJ TRANSIT and its unions regarding cost considerations
				that have been agreed upon, shall be delivered to the Procurement Department
				where it will be held in confidence and safeguarded until completion of the
				evaluation of the technical and cost proposals.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.7 - Late submittals

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals not received prior to or at the time designated in
				  the RFP for formal receipt shall not be considered. Late proposals shall be
				  returned to the proposer unopened.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.8 - Evaluation of proposals

Current through Register Vol. 56, No. 14, July 15, 2024
Based on a technical qualification evaluation, proposers'
				  experience and ability to provide the service shall be scored. Proposers must
				  obtain a minimum score as determined by NJ TRANSIT on the technical
				  qualification evaluation before their cost proposal may be considered. The cost
				  proposals of proposers not achieving the minimum technical qualification score
				  will not be opened or considered. The technical evaluation criteria shall be
				  specified in each specific RFP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.9 - Negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
Negotiations may be conducted by NJ TRANSIT with all
				  proposers whose proposals have the potential, following negotiations, to be
				  considered by NJ TRANSIT to be in the best interests of NJ
				  TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.10 - Cancellation, withdrawal, and rejection of proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for proposals may be cancelled
				and withdrawn and all proposals rejected at any time before or after opening,
				but prior to award to a proposer, where NJ TRANSIT determines in writing that:
1. Inadequate or ambiguous specifications
				were given in the RFP;
2. The
				services being contracted are no longer required;
3. The RFP did not provide for consideration
				of all factors of service quality or cost to NJ TRANSIT;
4. All otherwise acceptable proposals
				received were at unreasonable prices as determined by the criteria established
				for a specific RFP;
5. Proposals
				were not independently arrived at in open competition, were collusive, or were
				submitted in bad faith; or
6. For
				other reasons, cancellation is in the best interest of NJ TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.11 - Rejection of individual proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Any proposal that materially fails to conform to the requirements of the RFP
				shall be rejected.
(b) Proposals
				received from carriers determined by NJ TRANSIT to be not responsible shall be
				rejected.
(c) Those carriers whose
				proposals are rejected will be notified of the reasons therefor.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.12 - Debriefing

Current through Register Vol. 56, No. 14, July 15, 2024
Upon written request, unsuccessful proposers shall be
				  informed in general terms, through a face-to-face debriefing, only of reasons
				  for non-acceptance of their proposals without disclosing other proposers'
				  confidential information or NJ TRANSIT confidential information. NJ TRANSIT
				  shall establish, within an RFP, specific time limits to request a debriefing in
				  anticipation of a dispute.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.13 - Dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT is an entity of the State of New Jersey. However,
				  NJ TRANSIT may utilize as part of its RFP process a dispute resolution
				  procedure. Such procedure may be used to resolve disputes arising out of NJ
				  TRANSIT's decisions involving the contracting for bus service prior to the
				  award of a bus service contract by the Board. Any such procedure is not
				  designed to confer any right on a carrier to obtain a hearing under New
				  Jersey's Administrative Procedure Act. Upon the Board's award of a bus service
				  contract, any unsuccessful proposer may seek judicial review of the final
				  agency action of NJ TRANSIT by filing the appropriate appeal with the Superior
				  Court of New Jersey, Appellate Division, as provided by
				  R.2:2-3(a)(2).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 85 - CONTRACTING OUT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS › Section 16:85-3.14 - Award

Current through Register Vol. 56, No. 14, July 15, 2024
If an award is made, the award shall be made to that carrier
				  whose proposal, conforming to the request for proposals, will be most
				  advantageous to NJ TRANSIT, as so determined by NJ TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 86 - ADVERTISING STANDARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16:86-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to enhance
				and maximize NJ TRANSIT's non-farebox revenues through advertising revenue by
				encouraging and maintaining a professional advertising environment that helps
				promote the security, safety, comfort, and convenience of NJ TRANSIT's
				customers. Towards that end, this chapter prohibits advertisements that contain
				or depict tobacco and tobacco-related products, including electronic cigarettes
				and advertisements that are obscene, false, political in nature, disparaging,
				unsafe, controversial, deceptive or misleading, or promote illegal goods,
				services, or activities on facilities, vehicles, equipment, electronic and
				digital equipment and media, and other property (collectively, "property")
				owned or controlled by the New Jersey Transit Corporation or its subsidiaries
				(collectively "NJ TRANSIT").
(b)
				This chapter sets forth the standards for the installation, display, and
				maintenance of advertising on property owned or controlled by NJ
				TRANSIT.
(c) The display of
				advertising on property owned or controlled by NJ TRANSIT does not constitute
				an endorsement by NJ TRANSIT of any of the products, services or messages so
				advertised, unless authorized in writing by NJ TRANSIT and so stated within the
				advertisement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 86 - ADVERTISING STANDARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16:86-1.2 - Limitation upon advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				advertisement located on property owned or controlled by NJ TRANSIT shall be
				displayed or maintained that falls within one or more of the following
				categories:
1. The advertisement includes
				information that is false, misleading, or deceptive;
2. The advertisement or information contained
				in it promotes unlawful or illegal goods, services, or activities;
3. The advertisement or information contained
				therein declares or implies an endorsement by NJ TRANSIT of any service,
				product, or point of view without prior written authorization of NJ
				TRANSIT;
4. The advertisement
				contains obscene material as defined at N.J.S.A. 2C:34-3;
5. The advertisement portrays graphic
				violence;
6. The advertisement
				displays weapons that appear to be aimed or pointed at the viewer or observer
				in a menacing manner;
7. The
				advertisement is controversial and, therefore, can promote vandalism of
				advertising materials and associated NJ TRANSIT property;
8. The advertisement proposes the use of, or
				promotes, tobacco or tobacco-related products, including electronic
				cigarettes;
9. The advertisement
				disparages the services of NJ TRANSIT or is not in the best interest of public
				transportation;
10. The
				advertisement contains material that demeans or disparages an individual, group
				of individuals, or entity;
11. The
				advertisement promotes or opposes a political party, the election of a
				candidate, or any group of candidates for Federal, state, or local government
				offices, or initiatives, referendums, or other ballot measures;
12. The advertisement encourages or depicts
				unsafe behavior with respect to NJ TRANSIT property or services; or
13. The advertisement expresses or advocates
				an opinion, position, or viewpoint on matters of public debate about economic,
				political, moral, religious, or social issues.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 86 - ADVERTISING STANDARDS › Subchapter 2 - PROCEDURES › Section 16:86-2.1 - Advertising Standards Committee

Current through Register Vol. 56, No. 14, July 15, 2024
The President and Chief Executive Officer shall establish a
				  three-member Advertising Standards Committee (Committee) comprised of
				  representatives from NJ TRANSIT subunits, with expertise in real estate and
				  economic development, communications and customer service, and government and
				  community relations. Such Committee shall be independent and its determinations
				  shall constitute NJ TRANSIT's final agency determinations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 86 - ADVERTISING STANDARDS › Subchapter 2 - PROCEDURES › Section 16:86-2.2 - GENERAL PROVISIONS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJ TRANSIT's advertising contractor or
				advertising sales entity (collectively "advertising provider") shall review
				each advertisement submitted for installation, display, and maintenance on NJ
				TRANSIT property to determine whether the advertisement falls within, or may
				fall within, one or more of the categories set forth at N.J.A.C. 16:86-1.2. NJ
				TRANSIT may also review such advertisement for compliance with N.J.A.C.
				16:86-1.2. If NJ TRANSIT or its advertising provider determines that an
				advertisement falls within, or may fall within, one or more of the categories
				set forth at N.J.A.C. 16:86-1.2:
1. The NJ
				TRANSIT advertising provider shall promptly provide the advertiser with a copy
				of the standards set forth in
				16:86-1.2 and written notice of
				the determination, the reason(s) for the determination, and the advertiser's
				right to request a prompt review before the Advertising Standards
				Committee.
2. The NJ TRANSIT
				advertising provider shall provide the Advertising Standards Committee with a
				copy of the written notice to the advertiser and the advertisement at
				issue.
3. Upon request of the
				advertiser, the Advertising Standards Committee shall conduct a prompt review
				to determine whether the advertisement at issue falls within one or more of the
				categories set forth in
				16:86-1.2.
4. The Advertising Standards Committee shall
				promptly provide the advertiser and the advertising provider with a written
				notice of its determination. The Advertising Standards Committee's
				determination shall be final as per
				16:86-2.1.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 86 - ADVERTISING STANDARDS › Subchapter 2 - PROCEDURES › Section 16:86-2.3 - Dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
An aggrieved party wishing to challenge a decision of the
				  advertising provider shall transmit its grievance in writing to the Advertising
				  Standards Committee at NJ TRANSIT, Board Office, One Penn Plaza East, Newark,
				  New Jersey 07105. If no factual issues are presented, the decision by the
				  Advertising Standards Committee shall constitute the final agency action of NJ
				  TRANSIT and shall be appealable to the Appellate Division of the Superior
				  Court. In the event of a dispute of the facts, the Advertising Standards
				  Committee shall within 45 days transmit the matter for the development of a
				  record and an initial decision by the Office of Administrative Law in
				  accordance with the Administrative Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:
1. The Advertising Standards Committee shall
				then render a final agency decision appealable to the Appellate Division of the
				Superior Court of New Jersey.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 86 - ADVERTISING STANDARDS › Subchapter 3 - SEVERABILITY › Section 16:86-3.1 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any category set forth at N.J.A.C. 16:86-1.2 is determined
				  to be invalid as applied to any particular type of NJ TRANSIT property, the
				  category shall remain applicable to other types of NJ TRANSIT property. If any
				  category set forth at N.J.A.C. 16:82-1.2 is determined to be invalid as applied
				  to all NJ TRANSIT property, the remaining categories shall remain valid.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 87 - PROOF OF PAYMENT › Subchapter 1 - GENERAL PROVISIONS › Section 16:87-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The New Jersey Transit Corporation (NJ TRANSIT) and its
				  subsidiaries are responsible for the provision of rail and bus services in the
				  State of New Jersey. NJ TRANSIT, pursuant to
				  27:25-5(n), is
				  authorized to set and collect fares for the services it or its contractors
				  provide to the riding public. Prior to the enactment of
				  27:25-5.6 et seq., and
				  promulgation of this chapter, if a rider refused to pay the proper fare, NJ
				  TRANSIT's only recourse was to eject the person from the rail car and/or file a
				  municipal court complaint alleging theft of services in violation of Title 2C
				  of the New Jersey Criminal Code. That process was expensive and time consuming;
				  it required the arresting officer and/or the conductor to appear in court over
				  a dispute involving a small amount of money. In order to provide NJ TRANSIT
				  with a more effective and efficient way of ensuring that NJ TRANSIT fares are
				  paid by its rail service riders,
				  P.L.
				  1997, c. 357
				  (27:25-5.6 et seq.) was signed into
				  law on January 15, 1998 by Governor Whitman. That statute establishes a
				  specific legal framework for dealing with fare evasion on rail passenger
				  services operated by or under contract with NJ TRANSIT. The purpose of this
				  chapter is to effectuate the purposes of said statute.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 87 - PROOF OF PAYMENT › Subchapter 1 - GENERAL PROVISIONS › Section 16:87-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms as used in this chapter shall
				  have the following meanings:
"Act" means the provisions of
				  P.L.
				  1997, c. 357
				  (27:25-5.6 et seq.).
"Authorized employee" means an employee of a provider of rail
				  passenger service authorized by the provider of rail passenger service to
				  request and inspect proof of payment of the prescribed fare from persons using
				  rail passenger service.
"Fare enforcement officer" means an employee of NJ TRANSIT,
				  appointed pursuant to section 7 of the Act (27:25-5.1 2), who is authorized to
				  enforce the provisions of the Act and this chapter by requesting and inspecting
				  proof of payment of the prescribed fare from the persons using rail passenger
				  services when proof of payment is required, and by signing and issuing a
				  complaint and a summons to any person for a violation of the provisions of the
				  Act, or this chapter, regardless of whether the rail passenger service is
				  operated by NJ TRANSIT or by a public or private entity under contract to NJ
				  TRANSIT. A fare enforcement officer shall include a transit or other police
				  officer, or a conductor or trainman so authorized.
"NJ TRANSIT" means the New Jersey Transit Corporation.
"Pre-paid fare area" means an area designated by a provider
				  of rail passenger service where payment of the prescribed fare is required
				  before entering the area.
"Proof of payment" means a ticket, pass, receipt or other
				  article designated by a provider of rail passenger service to indicate that a
				  passenger has paid for the use of rail passenger service.
"Provider of rail passenger service" means NJ TRANSIT or a
				  public or private entity under contract to NJ TRANSIT to provide rail passenger
				  service.
"Rail passenger service" means and includes the operations of
				  a railroad, subway, street, traction or electric railway for the purpose of
				  carrying passengers in New Jersey or between points in New Jersey and points in
				  other states.
"Single use ticket" means all one-way full and reduced fare
				  tickets.
"Use of rail passenger service" means the boarding,
				  occupying, riding in, or otherwise utilizing rail passenger service for
				  conveyance.
"Validate" means having a single use ticket electronically
				  time-stamped by an appropriately designated machine.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 87 - PROOF OF PAYMENT › Subchapter 2 - PAYMENT OF FARE AND VIOLATIONS › Section 16:87-2.1 - Payment of fare

Current through Register Vol. 56, No. 14, July 15, 2024
The use of a rail passenger service by a person shall
				  constitute an agreement by the person to pay the prescribed fare for the
				  service. A person who has paid the prescribed fare for a rail passenger service
				  and who has been issued proof of payment therefor shall retain that proof of
				  payment while in a pre-paid fare area or in or on designated rail passenger
				  facilities or vehicles. In addition, single use tickets and transfers must be
				  properly validated in order to constitute proof of payment. Validated tickets
				  are good until the expiration of the time imprinted on them by the validator.
				  Single use tickets which have not been validated, have an improper date, or are
				  time expired do not constitute proof of payment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 87 - PROOF OF PAYMENT › Subchapter 2 - PAYMENT OF FARE AND VIOLATIONS › Section 16:87-2.2 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be a
				violation of the Act and this chapter for any person to use or attempt to use
				rail passenger service or enter a pre-paid fare area and to:
1. Fail or refuse to pay the prescribed
				fare;
2. Fail to properly validate
				the proof of payment receipt by date and time-stamping any single use
				ticket;
3. Evade or attempt to
				evade payment of the prescribed fare;
4. Fail to display proof of fare payment
				immediately upon request of an authorized employee or fare enforcement officer;
				or
5. Fail to cooperate, when a
				fare enforcement officer issues or attempts to issue a Special Complaint
				Summons, by failing or refusing to do such things, as providing the person's
				name and address, as well as written verification thereof. The following forms
				of written identification are acceptable: driver's license, student
				identification card, passport, military identification card, birth certificate
				or Medicare card.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 87 - PROOF OF PAYMENT › Subchapter 3 - PENALTIES › Section 16:87-3.1 - Civil penalties

Current through Register Vol. 56, No. 14, July 15, 2024
A violation of the provisions of the Act or this chapter
				  shall be punishable by a civil penalty not exceeding $ 100.00, in addition to
				  court costs, enforced in a summary proceeding pursuant to "the penalty
				  enforcement law," N.J.S.A. 2A:58-1 et seq. The Rules Governing the Courts of
				  the State of New Jersey shall govern the practice and procedure in such
				  proceedings. Notwithstanding any other law to the contrary, the court shall
				  remit 50 percent of any civil penalty imposed to NJ TRANSIT for use in
				  furtherance of any of the purposes of the Act and 50 percent shall be forwarded
				  to the proper financial officer of the local government entity in which the
				  municipal or central court has been established to be used by the local
				  government entity to defray the cost of operating the court and for general
				  government use.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 87 - PROOF OF PAYMENT › Subchapter 3 - PENALTIES › Section 16:87-3.2 - Suspension of driving privileges

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who is charged with a violation of the provisions
				  of the Act or this chapter and who fails to appear at any scheduled court
				  proceeding after written notice has been given to said person pursuant to the
				  Rules Governing the Courts of the State of New Jersey, may have his or her
				  driving privileges suspended to the extent prescribed by
				  2B:12-31.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 87 - PROOF OF PAYMENT › Subchapter 4 - VENUE › Section 16:87-4.1 - Venue

Current through Register Vol. 56, No. 14, July 15, 2024
A complaint for a violation of any of the provisions of the
				  Act or this chapter may be filed with a court having jurisdiction, at any time
				  within one year after the commission of the violation. When a person has been
				  charged with a violation of the Act or this chapter and summoned to appear,
				  upon failure to appear, in addition to any other provisions of law or the Rules
				  Governing the Courts of the State of New Jersey, a warrant for the arrest of
				  the person may be issued. All proceedings shall be venued before a municipal or
				  central municipal court having jurisdiction in the municipality in which it is
				  alleged that the violation occurred, but when a violation occurs on a moving
				  conveyance operated by NJ TRANSIT or one of its contractors through two or more
				  municipalities, then the proceeding may be brought before the court having
				  jurisdiction in any one of the municipalities through which the conveyance has
				  traversed.