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 1 - GENERAL PROVISIONS › Section 16:83-1.2 - 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, unless the context clearly indicates
				  otherwise.
"Assault" means: any attempt to cause or purposely,
				  knowingly, or recklessly, cause bodily injury to an operator of a motorbus, or
				  any employee of rail passenger service while clearly identifiable as being
				  engaged in the performance of their duties, as defined at N.J.S.A. 2C:12-1;
				  and/or when an individual knowingly, without lawful authority or permission,
				  and with intent to endanger the safety of any individual, or with a reckless
				  disregard of the safety of human life, interferes with, disables, or
				  incapacitates a transit worker while the transit worker is engaged in the
				  performance of their duties, as defined at
				  49 U.S.C. §
										5302(1).
"Block" means to hinder or interfere with free passage or
				  usage, so as to deny free access, movement, availability, or purpose of any
				  portion of NJ TRANSIT facilities or equipment.
"Bridge banner" means a temporary sign affixed to an approved
				  NJ TRANSIT railroad bridge displaying advertisements for non-commercial
				  community special events.
"Bridge Banner Permit" or "Banner Permit" means the document
				  authorized by a designated NJ TRANSIT official which authorizes the display of
				  a bridge banner.
"Certificate of Registration" means the document authorized
				  by a designated NJ TRANSIT official, which delineates the restrictions as to
				  specific times, specific locations, and certain conditions pursuant to which a
				  person may carry on non-commercial, public expression at a specified NJ TRANSIT
				  facility.
"Certificate of Registration holder" means a person who holds
				  a valid daily Certificate of Registration.
"Deadly weapon" means the same as that term is defined at
				  N.J.S.A. 2C:11-1.
"Disrupt" means to act to hinder, interfere, upset, impede,
				  or otherwise oppose the orderly accomplishment or pursuit of a task, duty, or
				  objective, or to interrupt the proper and normal course of any independent
				  lawful activity.
"Equipment" means any NJ TRANSIT locomotive, engine,
				  passenger car, coach, trolley, street railway car, light rail vehicle, bus,
				  motorcoach, van, ferry, piece of equipment, or emergency device, or passenger
				  conveyance. Additionally, "equipment" as used in this chapter, unless a
				  different meaning is clearly applicable, means and includes any NJ TRANSIT
				  "Motor Vehicle" as defined at Title 39, Motor Vehicle and Traffic Laws of New
				  Jersey.
"Expressive area" means designated portions of specific NJ
				  TRANSIT facilities where a Certificate of Registration holder may locate and
				  may exercise non-commercial public expression.
"Facilities" means all stations and terminals owned or
				  operated by NJ TRANSIT pursuant to contract, lease, or other agreements or
				  arrangements, including joint service arrangements. NJ TRANSIT facilities are
				  open to the public only at NJ TRANSIT's discretion and NJ TRANSIT retains all
				  rights of ownership in its facilities. Further, the term "facilities" shall
				  mean rights-of-way and related trackage and sidings, rails, catenary systems,
				  depots, yards, tunnels, bridges, structures, storage areas, parking areas,
				  offices, buildings, signal and communications systems and networks, dispensing
				  machines, signal power, power plants, emergency exits, stairways, ventilation
				  systems, signage, lighting, repair and maintenance shops, and other property,
				  and all things used, owned, leased, held, or occupied by NJ TRANSIT for, or
				  incidental to the operation, rehabilitation, or improvement of rail, light
				  rail, and/or bus operations in the State of New Jersey and other jurisdictions
				  where NJ TRANSIT operates to and from.
"Harassing behavior" means any of the behaviors defined as
				  harassment at N.J.S.A. 2C:33-4.
"Lewd behavior" means any of the behaviors defined as
				  lewdness at N.J.S.A. 2C:14-4.
"Non-commercial community special event" means any
				  non-commercial event open to the public, conducted and/or sponsored by a
				  governmental, educational, charitable, religious, or any other non-profit
				  organization. This definition is not intended to apply, and does not apply to,
				  activities that are conducted on a continual, ongoing basis. Non-commercial
				  community special events are those activities conducted on a one-time, annual,
				  monthly, or seasonal basis on specific calendar dates.
"Non-commercial expression" means the public exercise of free
				  speech rights in or on NJ TRANSIT facilities or equipment, which concern
				  political, social, religious, or other issues to the extent that such free
				  speech expression is protected by the United States or State Constitutions, as
				  applicable. Non-commercial public expression includes, but is not limited to,
				  leafleting, public speaking, solicitation of signatures and comments, and
				  solicitation of contributions, but not sales transactions, for religious,
				  political, or charitable causes. This definition is not intended to apply, and
				  does not apply to, talking, reading, wearing political buttons, or other forms
				  of private individualized expressions, which are permitted throughout the
				  public areas of facilities and equipment. Any advertisement, activity, or
				  solicitation that materially proposes a commercial transaction is expressly
				  excluded.
"Obstruct" means to walk, run, stand, sit, lie, drive, or
				  place an object in such a manner as to block and/or hinder passage by another
				  person or by a vehicle or to require another person or vehicle to take evasive
				  action to avoid physical contact.
"Official" means any person or persons designated by NJ
				  TRANSIT to have supervisory and/or operational authority and responsibility for
				  NJ TRANSIT facilities and/or equipment, or any portion thereof.
"Operational employees" mean persons who are employees of NJ
				  TRANSIT, who are protected by the enhanced penalties provided by the Motorbus
				  and Passenger Rail Service Employee Violence Prevention Act (VPA), as codified
				  at P.L.
				  2021 c. 352
				  (N.J.S.A.
				  2C:12-1 b(5)(g)), including, but not limited
				  to, any operator of a motorbus, light rail vehicle operators, railroad
				  engineers, and conductors, while clearly identifiable as being engaged in the
				  performance of their official duties, or because of their status as an
				  employee.
"Person" means any natural person, individual or group of
				  individuals, corporation, society, organization, company, association,
				  partnership, firm, or other entity.
"Personal notice" means an oral or written communication
				  directed to an individual or a group of individuals from an NJ TRANSIT
				  official.
"Police officer" means any member of the NJ TRANSIT Police
				  Department, or any other law enforcement officer who has jurisdiction in, on,
				  or adjacent to the NJ TRANSIT equipment or facility.
"Possess" means to have or to exercise control or command
				  over any item, device, tool, product, or matter.
"Public area" means such portions of NJ TRANSIT facilities
				  and equipment, which are routinely and normally accessible to members of the
				  public and are adapted to provide for the convenience of persons utilizing the
				  services of NJ TRANSIT.
"Purposely" means intentionally, deliberately, or with the
				  objective, design, or plan to participate in such conduct, which is known or
				  expected to or is likely to cause a certain or specific result.
"Restrict" means to confine or set limits or to hold within
				  bounds and limitations. Additionally, the term "restrict" shall include the
				  exclusion of designated persons or groups.
"Restricted area" means such portions or portion of NJ
				  TRANSIT facilities and equipment, which are separately secured, locked, fenced,
				  posted, or otherwise adapted so as to put persons on notice that unauthorized
				  entry is not permitted. Additionally, "restricted area" shall include portions
				  of NJ TRANSIT facilities which are the subject of notification by personal
				  communication, public announcement, or appropriate signs that such areas are
				  temporarily not to be entered and/or remained upon.
"Rider" means any person riding, boarding, or alighting an NJ
				  TRANSIT vehicle used in revenue service, or any person present in any and all
				  NJ TRANSIT stations, facilities, or equipment.
"Ridership Appeal Board" means the entity constituted by NJ
				  TRANSIT to review a rider's appealed suspension or revocation of riding
				  privileges.
"Serious bodily injury" means bodily injury that creates a
				  substantial risk of death, or which causes serious, permanent disfigurement, or
				  protracted loss, or impairment of the function of any bodily member or
				  organ.