reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.10 - Procedure upon the filing of a complaint petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a complaint petition complies
				substantially with this chapter and on its face states a matter within the
				Department's jurisdiction, and copies have been received and fees paid, the
				Department will accept the complaint petition as filed.
(b) The Department will return an
				unacceptable complaint petition to the complaint petitioner with an itemization
				of the deficiencies that must be addressed in order for the petition to be
				accepted. The complaint petitioner may re-file the complaint petition within 30
				days of receipt of the returned petition, without incurring an additional
				filing fee.
(c) Unless otherwise
				directed by the Department, petitions and subsequent pleadings shall be served
				by the parties as provided in
				16:65-3.2.
(d) If, within the time allowed for answer,
				the respondent and the complaint petitioner agree to an offer of satisfaction,
				the parties or their attorneys shall file a signed offer and acceptance with
				the Department, for the Department's approval. If approved by the Department,
				the petition shall be deemed satisfied and no further action will be
				taken.
(e) When the respondent has
				not satisfied the petition, the Department may, for the purpose of
				administratively resolving the matter, schedule and conduct a conference among
				the Department, the respondent, and the petitioner, and any other person deemed
				by the Department to be an interested party. Thereafter, the Department may
				issue a decision or order as the facts and circumstances require; or, the
				Department may transmit the matter to the Office of Administrative Law as a
				contested case.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.11 - Initial tariff filings or tariff filings that do not propose increases in charges to customers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tariff
				filings, for the purpose of making effective initial tariffs or revisions,
				changes, or alterations of existing tariffs and which are not filed because of
				the need for additional revenue from products or services covered by existing
				tariffs and which do not propose increases in charges to customers, shall
				conform to the provisions of N.J.A.C. 16:65-3 and 4.1 through 4.5, to the
				extent applicable, and shall, in the body of the tariff filing, or in attached
				exhibits, provide the following information:
1. The proposed tariff or revision, change or
				alteration of the tariff, together with an explanation of the manner in which
				the tariff or change differs from the existing or a prior tariff, and the
				effect, if any, upon revenues;
2. A
				statement of the reasons why the tariff or change is proposed;
3. A statement of the recipients of the
				notice given and when the notice was given, together with a copy of the text of
				each notice;
4. The date on which
				the utility proposes to make the tariff or change effective, which date shall
				not be earlier than 30 days after the filing unless otherwise permitted by the
				Department; and
5. Initial tariff
				filings shall include pro forma income statements for each of the first two
				years of operations and actual or estimated balance sheets as of the beginning
				and end of each year of the two-year period.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.13 - Petitions for permission to keep books and records outside the State of New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions
				for authority to keep books, records, accounts, documents and other writings
				outside the State of New Jersey, filed with the Department as required under
				48:3-7.8, shall, in the body of
				the petition, or in attached exhibits, provide the following information:
1. Complete description of the specific
				books, records, accounts, documents and other writings proposed to be kept
				outside the State of New Jersey;
2.
				The exact location where the books and records will be kept;
3. If all books and records will not be kept
				outside the State, what remaining records will be kept at the New Jersey
				location;
4. The reason for
				proposing to keep its books and records at a location outside the
				State;
5. The availability of
				adequate required space, facilities and experienced personnel at the new
				location;
6. The cost to the
				petitioner of maintaining the books and records at the new location as compared
				with the cost of maintaining the records at the New Jersey location;
7. The extent of the financial advantage to
				the customers and other benefits to the utility which will result from keeping
				the books and records outside the State;
8. Whether the books and records, which will
				be kept at the location outside the State will be, upon written notice by the
				Department, produced at such time and place within this State as the Department
				may designate;
9. Whether the
				petitioner will pay to the Department any reasonable expenses or charges
				incurred by the Department for any investigation or examination;
10. The location where the petitioner will
				continue to maintain an office within the State of New Jersey for the
				convenience of its customers to file complaints and conduct other business with
				the utility; and
11. The name and
				address of the petitioner's statutory agent.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.14 - Filing or petition that proposes a change of name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filings or petitions for the purpose of
				changing the name of an existing utility, shall conform to the provisions of
				16:65-3.1 and 4.1, to the extent
				applicable, and shall, in the body of the filing or petition, or in attached
				exhibits, also provide the following information:
1. Proof of publication of public notice
				twice, seven days apart, in a newspaper of general and regular circulation
				within the petitioner's proposed service area that:
i. States that a petition for a change of
				name has been filed with the Department;
ii. Briefly describes the purpose of the
				petition;
iii. States that
				objections and comments are to be sent to the Department and includes the
				address of the Department; and
iv.
				Lists each municipality and county in which the petitioner provides
				service;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.15 - Petitions for authority to exercise power of eminent domain

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				48:12-35.1, no transportation
				utility, including an interstate or freight railroad may, without the approval
				of the Commissioner, exercise the power of eminent domain and take, acquire, or
				condemn any property or other interest therein.
(b) Petitions for approval to exercise the
				power of eminent domain and acquire property by condemnation shall conform to
				the requirements of
				16:65-3.1 and 4.1 to the extent
				applicable, and shall contain the following:
1. The names and addresses if known, of the
				owners of the property or of any persons having an interest in the property,
				with a description of the property interest of each owner or person;
2. The names of any owner or person whose
				whereabouts or address is unknown;
3. A map or plot plan, and a metes and bounds
				description of the property;
4. A
				brief description of the improvements on the property, if any, and the present
				and potential character and uses of the property;
5. A verified statement by an officer or
				agent of the utility that the property is reasonably necessary for the service,
				accommodation, convenience and safety of the public, and that the taking of the
				property is not incompatible with the public interest, and would not unduly
				injure the owners of private property;
6. A copy of the offer letter and an
				appraisal of the property;
7. A
				statement of the reasons why the property cannot be purchased by negotiation;
				and
8. When the utility, after
				diligent search, is unable to determine the name and address of the owner of
				the property or of any person having an interest therein, the utility shall
				state such facts in an affidavit of inquiry prepared in the manner as provided
				in the New Jersey Court Rules, R. 4:4-5.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 5 - MOTIONS: INTERVENTION › Section 16:65-5.1 - Motions; generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a party, other than a petitioner,
				seeks an order of the Department, the party shall apply in writing by motion to
				the Department.
(b) A party shall
				state the grounds upon which the motion is made and the relief or order being
				sought.
(c) If a motion for
				substantially the same relief was denied in a prior proceeding, a party shall
				identify the proceeding and the disposition of the motion.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 5 - MOTIONS: INTERVENTION › Section 16:65-5.2 - Motions in writing with no oral argument, generally; time limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With
				the exception of emergency relief applications made under
				16:65-4.4, when a motion is in
				writing, no action shall be taken on a motion until at least 20 days have
				expired from the date of service upon the opposing party unless an expedited
				schedule is ordered for good cause shown.
(b) The moving papers shall establish a
				submission date at least 20 days from the date of service upon the opposing
				party, when the matter will be submitted to the Department for disposition.
				Proof of service shall be filed with the moving papers or promptly
				thereafter.
(c) The opposing
				parties shall file and serve an answer no later than 10 days after receiving
				the moving papers.
(d) The movant
				may file and serve a reply, responding to any matter raised by the opposing
				party and shall do so no later than five days after receiving the
				answer.
(e) All motions in writing
				shall be submitted for disposition on the papers unless a settlement conference
				is scheduled by the Director.
(f) A
				motion to intervene against a petition for approval, modification, or transfer
				of a certificate must be filed with the Department no later than 30 days after
				the date of service of the petition upon the movant, in those cases where the
				movant has been served a copy of the petition; and, in all other such cases, 30
				days after the last date of publication required under
				16:65-4.1(c)1.
				Motions must be filed either prior to the transmittal of the case to the Office
				of Administrative Law as a contested case or prior to the issuance of the
				Department's final decision on the matter, whichever is earlier.
(g) The time requirements of this section may
				be modified by the Commissioner for good cause shown.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 5 - MOTIONS: INTERVENTION › Section 16:65-5.3 - Affidavits; briefs and supporting statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Motions, answers and replies shall be
				accompanied by supporting affidavits, briefs or documents, clearly delineating
				contested material facts. All motions, answers and replies shall be supported
				by affidavits for facts which are not of record or are not the subject of
				official notice. The affidavits shall set forth only facts to which the
				affiants are competent to testify. Properly verified copies of all papers or
				parts of papers referenced in the affidavits may be annexed to the
				affidavit.
(b) A party may be
				required to submit briefs or supporting statements pursuant to the schedule
				established in
				16:65-4.2 or as ordered by the
				Commissioner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 5 - MOTIONS: INTERVENTION › Section 16:65-5.4 - Disposition of motions to intervene; generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a movant
				demonstrates, through documentary evidence clearly delineating material facts,
				that the movant has a substantial and specific interest in the subject matter
				of the proceeding, and if the interest would not otherwise be adequately
				represented, the Commissioner or the Director may grant the motion to intervene
				by written order or decision on such terms as the Commissioner or the Director
				may prescribe.
(b) When an
				intervenor has no substantial and specific interest that would be affected by
				the proceeding, the Commissioner or the Director may dismiss the intervenor
				from the proceeding.
(c) Timely
				filed motions to intervene shall be considered prior to any disposition of the
				petition to which they are directed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 5 - MOTIONS: INTERVENTION › Section 16:65-5.5 - Disposition of motions to intervene in proceedings involving regular service operations petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to
				petitions for regular service operations (original authority or modification
				requests), in order for a movant to demonstrate that it has an interest in the
				subject matter that will be substantially and specifically affected by the
				proceeding, its motion must clearly show through the introduction of
				documentation, evidence delineating material facts, that:
1. The movant operates an authorized regular
				route service in the proposed service area, and that the granting of the relief
				sought may jeopardize the profitability of the regular route service;
2. There is insufficient public need for the
				proposed regular route service;
3.
				The petitioner has failed to make a request from which the Department can grant
				relief;
4. The petition lacks
				veracity; or
5. The petitioner is
				unfit to conduct the proposed regular route service.
i. For purposes of (a)5 above, items relating
				to fitness shall include, but are not limited to:
(1) The availability of the requisite
				equipment or personnel to provide the proposed service;
(2) Whether petitioner has a history of
				illegal operations such that to grant the relief requested by petitioner might
				disserve the public interest;
(3)
				Whether petitioner has been convicted of an offense listed in
				5:12-86(c);
				and
(4) Whether the petitioner has
				acted in such a way that to grant the petitioner's request would be harmful to
				the public interest.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 6 - REHEARING OR RECONSIDERATION › Section 16:65-6.1 - Process for rehearing or reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A motion for
				rehearing or reconsideration of a proceeding may be filed with the Department
				by any party within 10 days after the issuance of any final decision or order
				by the Department.
1. The motion shall state,
				in separately numbered paragraphs, the alleged errors of law or fact relied
				upon and shall specify whether reconsideration, rehearing, or further hearing
				is requested, and whether the ultimate relief sought is reversal, modification,
				vacation or suspension of the action taken by the Department, or other
				relief.
2. When the movant seeks
				the introduction of new evidence, the movant shall briefly state the evidence
				together with the reasons for failure to previously adduce the
				evidence.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 6 - REHEARING OR RECONSIDERATION › Section 16:65-6.2 - Motions and answers on rehearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing
				of the motion, the moving party shall serve all parties or their attorneys of
				record with a copy of the motion and give notice of the filing of the motion,
				and, as the Department may direct, to all other persons to whom notice of the
				original proceeding had been given.
(b) An answer to the motion shall be filed
				within 10 days following the service of the motion. Failure to file an answer
				shall be deemed to be a waiver of any objection to the granting of the
				motion.
(c) A motion that is not
				granted or otherwise expressly acted upon by the Department within 30 days
				after the filing thereof, shall be deemed denied.
(d) The filing or granting of any motion
				under this section shall not stay the Department's decision or order. A stay
				will be granted only for good cause shown.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 7 - CONFERENCES › Section 16:65-7.1 - Purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the
				approval of the Department, informal conferences of parties or their attorneys
				may be held at any time to provide opportunity for settlement of a proceeding
				or any matter, and for the submission and consideration of facts, arguments,
				offers of settlement or proposals of adjustment, as time, nature of proceeding
				and the public interest may permit.
(b) Unaccepted proposals of settlement and
				proposed stipulations not agreed to shall not be taken into account in the
				Department's disposition of a petition or other pleading.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 8 - REPORTING ACCIDENTS › Section 16:65-8.1 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Accidents resulting from the operation,
				use, or maintenance of transportation utility vehicles under the jurisdiction
				of the Department of Transportation shall be reported as follows:
1. Notification by telephone (24-hours a day,
				seven days a week) to New Jersey Department of Transportation Statewide Traffic
				Management Center at 732-697-7372 in the case of:
i. Grade crossing accidents;
ii. Overturning of vehicles;
iii. Runaway vehicles and other accidents of
				an unusual nature, whether or not bodily injury results;
iv. Accidents involving serious bodily
				injury, for example, broken limbs or severe lacerations; or
v. Accidents involving a fatality;
				or
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 9 - SERVICE AND OPERATIONS › Section 16:65-9.1 - Commencement of operations

Current through Register Vol. 56, No. 14, July 15, 2024
If a utility does not commence the operation of an approved
				  route within 60 days from the date of approval, the approval shall terminate,
				  be inoperative and void.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 9 - SERVICE AND OPERATIONS › Section 16:65-9.2 - Change of route

Current through Register Vol. 56, No. 14, July 15, 2024
Except in an emergency, a utility may not deviate from an
				  approved route without the prior approval of the Department. In an emergency
				  the Department shall be promptly notified. In all cases, the approved route
				  shall be resumed immediately upon cessation or removal of the cause for the
				  deviation from the approved route.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 9 - SERVICE AND OPERATIONS › Section 16:65-9.3 - Discontinuance of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				transportation utility shall discontinue the operation of a route or a portion
				of a route, without first filing a petition for approval with the Department,
				giving the reasons for the discontinuance. The proposed discontinuance shall
				not become effective until approved by the Department.
(b) Should any utility discontinue operation
				without the approval of the Department, the Department may summarily invoke the
				sanctions provided for by law.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 9 - SERVICE AND OPERATIONS › Section 16:65-9.4 - Interruption of service

Current through Register Vol. 56, No. 14, July 15, 2024
When an interruption of service on a route is likely to
				  continue for more than four hours, the utility shall report to the Department
				  by contacting the New Jersey Department of Transportation Statewide Traffic
				  Management Center at 732-697-7372 (24-hours a day, seven days a week). The
				  report shall state the cause and probable duration of the interruption. The
				  public along the route shall be promptly notified of the interruption by such
				  means as are feasible and practicable including announcements and notices at
				  terminals and ticket offices, if applicable, and notification to news
				  disseminating agencies and to municipalities affected by the interruption.
				  Telephone reports shall be promptly confirmed by a written report.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 9 - SERVICE AND OPERATIONS › Section 16:65-9.8 - Certificate of limited duration for emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certificates
				authorizing transportation utility operations for a specified period of limited
				duration may be granted by an order of the Commissioner due to emergency,
				extraordinary, unusual or very rare events. The order may supersede or suspend
				for its duration, any provisions of this chapter.
(b) The order of the Commissioner shall
				include the duration and extent of its applicability and controlling
				application, and shall establish such conditions and restrictions as the
				Commissioner deems necessary to protect the public interest. Conditions and
				restrictions specified in the order of the Commissioner shall include:
1. Vehicle and equipment limitations or
				specifications;
2. Requirements for
				vehicular or equipment inspections;
3. Requirements or procedures regarding
				evidence of insurance;
4.
				Conditions or limitations regarding any tariffs or charges;
5. Schedules or any other operational
				provisions;
6. Procedures,
				standards or criteria applicable to the selection, rejection or specification
				of vehicles, equipment or operators thereof; and
7. Any other condition, requirement, or
				limitation deemed necessary by the Commissioner for the public
				interest.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 10 - OFFICES › Section 16:65-10.1 - Location

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each utility
				shall maintain in, or within reasonable proximity of, its service area an
				office (in addition to any post office box) where applications for service,
				complaints, service inquiries, bill payments, and so forth, will be received.
				The utility shall furnish the street address and telephone number of the
				office, and any changes thereto, to the Division.
(b) Each utility shall furnish the Division
				with the current street address (not post office box) and telephone number, and
				any changes thereto, of the offices where maps and records covering the various
				service areas are available to supply, upon reasonable request, information to
				customers, governmental bodies, and other utilities and contractors.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 10 - OFFICES › Section 16:65-10.2 - Personnel to be contacted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				transportation utility shall furnish to the Division, and keep current, a list
				of names, addresses and telephone numbers of officials to be contacted in
				connection with routine matters during normal working hours.
(b) Each transportation utility shall also
				furnish to the Division, and keep current, a list of names, addresses, and
				telephone numbers of officials who may be contacted in event of emergency,
				during other than normal working hours.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 10 - OFFICES › Section 16:65-10.3 - Emergency telephone numbers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				transportation utility shall maintain a listed emergency number in appropriate
				telephone directories, and file the same with police departments, fire
				departments, municipal clerks and other appropriate governmental agencies.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 11 - RECORDS › Section 16:65-11.1 - Location and examination

Current through Register Vol. 56, No. 14, July 15, 2024
Each transportation utility shall notify the Department,
				  upon request, of the office or offices at which various records are kept. These
				  records shall be available for examination by the Department's inspectors.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 11 - RECORDS › Section 16:65-11.2 - Periodic reports

Current through Register Vol. 56, No. 14, July 15, 2024
Every transportation utility shall file with the Department
				  on or before March 31 of each year, a summary of its finances and operations
				  for the preceding calendar year on forms prescribed and furnished by the
				  Department. Transportation utilities may be required to submit those reports
				  quarterly, monthly or otherwise as directed by the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 11 - RECORDS › Section 16:65-11.3 - Accidents

Current through Register Vol. 56, No. 14, July 15, 2024
Each utility shall keep a record of and report all accidents
				  to the Department, as set forth in N.J.A.C. 16:65-8.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.1 - Filing with Department and access to public

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				transportation utility shall file with the Department and make available and
				readily accessible for public inspection in each office where the utility
				commonly transacts business, tariffs applicable to the service area, showing
				all rates and charges made, established, or enforced, or to be charged or
				enforced, all rules and regulations relating to rates and charges or services
				used or to be used, and all general privileges and facilities granted or
				allowed.
(b) All tariffs filed with
				the Department and now in effect shall continue in force until changed in
				accordance with this chapter. The Department may direct the reissue or
				modification of any tariff or any part of any tariff at any time.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.2 - Letter of transmittal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tariffs, parts
				of tariffs or supplements to tariffs shall be filed with the Department
				accompanied by a letter of transmittal. If the utility desires acknowledgement,
				the letter shall be in duplicate with a self-addressed stamped
				envelope.
(b) The letter of
				transmittal shall take the following form:
LETTER OF TRANSMITTAL
(Name of Utility)
Transmittal Advice No. __ Place and Date
				  ______________________
To: New Jersey Department of Transportation
Division of Multimodal Services
PO Box 600
Trenton, New Jersey 08625
The enclosed tariff, issued _____________ is transmitted for
				  filing in compliance with the requirements of the Department of Transportation,
				  State of New Jersey
(If a complete tariff)
N.J.D.O.T. No. ______________ Effective _____________________
(Or if a revised page)
__________________________ Revised Page No.
				  _______________
Effective
(Or if a supplement)
Supplement No. _____________ to N.J.D.O.T. No.
				  ______________
Effective
				  ________________________________________________
__________________________________________
(Name of Transportation Utility)
__________________________________________
(Signature of Officer Transmitting)
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.3 - Statement of proposed changes

Current through Register Vol. 56, No. 14, July 15, 2024
Except in the case of tariffs published under an order of
				  the Department, each letter of transmittal shall be accompanied by a statement
				  showing the changes that are proposed to be made and the reason for each
				  change.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.4 - Timeliness of filing

Current through Register Vol. 56, No. 14, July 15, 2024
Except as otherwise provided, every tariff, part of tariff,
				  or supplement to a tariff shall be filed with the Department, not less than 30
				  days prior to the date on which it is proposed to be made effective, unless the
				  Department, for good cause shown, shall permit or require the proposed tariff,
				  part of tariff, or supplement to become effective on less than 30 days' notice.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.5 - Separate series issuance; number; prefix

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tariffs shall
				be issued in separate series and the tariffs in each series shall be numbered
				in consecutive order. Each number shall show as a prefix the New Jersey
				Department of Transportation reference number, and shall further show the
				number of the tariff or tariffs to be superseded, if any, except that the
				Department will receive for filing any tariffs which apply to the intrastate
				transportation of passengers or freight by railroad within New Jersey which are
				identified by the New Jersey Department of Transportation reference
				number.
(b) Rate tariffs shall be
				prepared and arranged as follows:
1. Title
				Page; then
2. Table of Contents;
				then
3. General Information;
				then
4. Classification and Rates.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.6 - Complete document; references

Current through Register Vol. 56, No. 14, July 15, 2024
Each classification and rate shall be complete in itself,
				  except that reference may be made to rules and regulations appearing in the
				  schedule under General Information or in a separate schedule referred to
				  therein. General rules and regulations appearing or referred to in a schedule
				  under General Information shall apply to service to be furnished under each
				  classification or rate unless otherwise expressly provided. Any exception to
				  the application of a general rule or regulation must be clearly stated.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.7 - Supplement or reissue

Current through Register Vol. 56, No. 14, July 15, 2024
A supplement to, or reissue of, a filed tariff shall
				  indicate the number of the prior tariff or supplement in connection with the
				  New Jersey Department of Transportation reference number.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.8 - Suspension; supplement form

Current through Register Vol. 56, No. 14, July 15, 2024
When a tariff or portion of a tariff is suspended by order
				  of the Department, a consecutively numbered supplement shall be issued bearing
				  notice in substantially the following form:
"By order of the Department of Transportation, State of New
				  Jersey, made (Here list suspended tariffs) has (have) been suspended to and
				  including . Pending restoration, reissue or cancellation, the rates, rules and
				  regulations in (Here list tariffs which it was proposed to supersede) shall
				  apply."
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.9 - Less than 30-days notice request; application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A utility desiring permission to change
				existing rates on less than 30-days notice shall file, with the Department, a
				tariff, part of tariff, or supplement, if necessary, containing the proposed
				change and the application in the form prescribed, requesting authority to put
				the tariff into effect in less than 30 days after filing, and indicating the
				date that the rates become effective. If a change in the proposed effective
				date becomes necessary, the utility may request a change. The application shall
				be contained in the statement of tariff changes.
(b) The application for authority to make
				changes effective on less than 30 days notice shall take the following form:
APPLICATION FOR AUTHORITY TO MAKE CHANGES EFFECTIVE ON LESS
				  THAN 30 DAYS NOTICE
To: New Jersey Department of Transportation
Division of Multimodal Services
PO Box 600
Trenton, NJ 08625
___________________________________________________________
(Name of Utility) by (Name of Officer)
Its (Title of Officer) _____ hereby applies for ____
				  authority to make effective the following rates, N.J.D.O.T. No. ______ on
				  (date) _______ by filing with the Department on _______ days notice. This
				  application is based upon the following special circumstances and
				  conditions:
_________ (Name of Utility)
_________ (Name and title of authorized
				  representative)
(c) If the
				application is granted, the permission will specify the number of days on which
				such tariff may become effective after date of filing with the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.10 - Notification form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On tariffs
				authorized to be made effective on less than 30 days notice, a notation in the
				following form shall be shown: "Effective on (date) __________ on __________
				days notice, under authority of the Department of Transportation, State of New
				Jersey.
Special Permission (Order No.) ___, made __________."
(b) For an entire tariff, the
				notation need appear on the title page only, immediately following the
				effective date. For separately issued supplements, the notation shall appear on
				each supplement immediately above the lower marginal line.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.11 - Late filing, rejection

Current through Register Vol. 56, No. 14, July 15, 2024
Tariffs or supplements received for filing too late to give
				  the Department the notice prescribed by permission of the Department, or which
				  fail to plainly state the changes proposed to be made in the tariff then in
				  force and the time when the changes proposed will go into effect, are subject
				  to rejection and return. If a tariff is rejected, the number which the tariff
				  bears shall not be used again. The tariff shall not thereafter be referred to
				  as cancelled, amended, or otherwise, but the tariff issued in lieu of such
				  rejected tariff shall bear, under the statement specifying the tariff
				  superseded thereby, a notation in substantially the following form:
"Issued in lieu of __________, rejected by the
				  Department."
1. For example,
				"Supplement No. 2 issued in lieu of Supplement No. 1, rejected by the
				Department of Transportation, State of New Jersey."
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 12 - TARIFFS › Section 16:65-12.12 - Rules or classifications prescribed by Department

Current through Register Vol. 56, No. 14, July 15, 2024
When rates or classifications are prescribed by decision or
				  by order of the Department, or when tariffs are to be revised in conformity
				  with such decision or order, the changes made pursuant thereto shall be
				  established by supplements or reissues of the affected tariff or tariffs, filed
				  and posted as provided in this subchapter. Each title page containing rates or
				  provisions established pursuant to the decision or order of the Department
				  shall bear the following notation: "Issued in compliance with decision (or
				  order) of the State of New Jersey, dated __________."
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 13 - NOTICE REGARDING CHANGES IN FARES OR OPERATING SCHEDULES › Section 16:65-13.1 - Notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every utility
				shall post notice of any hearing, change in schedule or fares, or any matter in
				which the Department may require public notice, in the vehicles and places
				required by the Department so as to be plainly visible to the public.
(b) The heading of the notice, which shall
				contain information as to the title of the notice, such as "Notice of Public
				Hearing," "Notice of Change in Fare," "Notice of Change in Schedule," and so
				forth, shall be printed and set forth in letters not less than 3/4 inch in
				size.
(c) The body of the notice
				shall contain full information as to the matter or matters upon which notice to
				the public is required and shall be printed and set forth in letters not less
				than 3/8 inch in size.
(d) The
				notice or notices shall remain posted until after any hearing, effective date
				of the matter, or the occasion for the notice has passed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 13 - NOTICE REGARDING CHANGES IN FARES OR OPERATING SCHEDULES › Section 16:65-13.2 - Notices regarding operating schedules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every utility,
				not less than 20 days before changing or altering any existing operating
				schedule which would result in a substantial reduction of the service or
				materially change or alter headways and the arriving or leaving time of a
				vehicle, shall:
1. File with the Department,
				by mail or by hand delivery, a copy of the proposed notice setting forth the
				proposed change or alteration;
2.
				File with the clerk of each municipality served and affected by the proposed
				changes or alteration, a copy of the notice; and
3. Immediately following the filing of the
				notice, post for a period of 25 days in the vehicles operated by the utility, a
				separate notice containing the following information:
i. From whom and where information of the
				extent of the change or alteration may be obtained;
ii. That notice has been filed by the company
				with the Department of Transportation; and
iii. That notice has been filed with the
				clerk of each municipality served and affected by the proposed changes or
				alterations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 14 - COMPLIANCE WITH ORDERS, DECISIONS AND RECOMMENDATIONS › Section 16:65-14.1 - Orders and decisions

Current through Register Vol. 56, No. 14, July 15, 2024
The party to whom an order or decision is directed must
				  notify the Department in writing on or before the date specified in the order
				  or decision, whether or not the party has complied with the order or decision.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 14 - COMPLIANCE WITH ORDERS, DECISIONS AND RECOMMENDATIONS › Section 16:65-14.2 - Recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
Within 15 days after the Department makes a recommendation
				  to a party, and unless otherwise specifically required, the party shall notify
				  the Department in writing whether the party accepts or rejects the
				  recommendation. Failure to notify the Department will be deemed an acceptance
				  of the recommendation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 14 - COMPLIANCE WITH ORDERS, DECISIONS AND RECOMMENDATIONS › Section 16:65-14.3 - Extension of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
A petitioner may request an extension of a specific time or
				  date of compliance contained in the Department's decision or order, by petition
				  to the Department made in writing at least five days before the expiration of
				  the time limit.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 14 - COMPLIANCE WITH ORDERS, DECISIONS AND RECOMMENDATIONS › Section 16:65-14.4 - Answers to communications

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise specified, the transportation utility shall
				  comply with any letter or electronic or other written communication from the
				  Department directing investigation of any matter under the Department's
				  jurisdiction, and file a report of the investigation with the Department no
				  later than 15 days from the date of the communication. If the utility cannot
				  comply, the utility must advise the Department in writing of the reasons for
				  noncompliance within the 15-day period.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.1 - Source for public information

Current through Register Vol. 56, No. 14, July 15, 2024
The public may receive information concerning NJ TRANSIT's
				  procurement program by contacting the Procurement Department, NJ TRANSIT, One
				  Penn Plaza East, Newark, New Jersey 07105-2246 or
http://www.njtransit.com/procurement
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.3 - Competition

Current through Register Vol. 56, No. 14, July 15, 2024
All purchases, whether by formal advertising or otherwise,
				  shall be made on a competitive basis to the maximum practicable extent.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.4 - Responsible contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Procurements
				shall be made from, and contracts shall be awarded to, responsible contractors
				only. A responsible contractor is one who meets the following standards:
1. Has adequate financial resources, or the
				presently demonstrable ability to obtain such resources, as required during the
				performance of the contract;
2. Is
				able to comply with the required or proposed delivery or performance
				schedule;
3. Has a satisfactory
				record of performance or the equivalent;
4. Has a satisfactory record of
				integrity;
5. Is otherwise
				qualified and eligible to receive an award under applicable laws and
				regulations;
6. Has the necessary
				organization, experience, operational controls and technical skills, or the
				demonstrated ability to obtain them; and
7. Has the necessary production, construction
				and technical equipment and facilities, or the demonstrated ability to obtain
				them.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.6 - Records of procurement actions

Current through Register Vol. 56, No. 14, July 15, 2024
In all procurement actions, each purchase order or contract
				  file shall be supported by documentation of actions taken with respect to the
				  procurement, including final disposition, sufficient to constitute a full
				  history of the transactions. Records on bids and proposals shall be maintained
				  for a period of seven years.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.7 - Execution of contracts

Current through Register Vol. 56, No. 14, July 15, 2024
Any contract or instrument shall be deemed properly executed
				  when signed by the Executive Director, or his or her designee. No contract or
				  purchase order shall be entered into unless all applicable requirements of law,
				  this chapter, and NJ TRANSIT's By-Laws have been met, and the approval of the
				  Board of NJ TRANSIT obtained, when required.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.8 - Specifications

Current through Register Vol. 56, No. 14, July 15, 2024
Plans, drawings, or specifications shall permit full and free
				  competition describing the work to be performed. Specifications, plans, and
				  drawings shall be used to the maximum extent possible.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.9 - Purchase descriptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A purchase
				description may be used in lieu of a specification, where the use of a
				specification is not feasible.
(b)
				A purchase description should set forth the essential characteristics and
				functions of the item or materials required.
(c) Where a "brand name or equal" purchase
				description is used, prospective bidders must be given the opportunity to offer
				products other than those specifically referenced by brand name, if such other
				products will meet the needs of NJ TRANSIT in essentially the same manner as
				those referenced.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.10 - Out- of- State vendors

Current through Register Vol. 56, No. 14, July 15, 2024
All out-of-State vendors that wish to do business with NJ
				  TRANSIT shall be afforded 10 working days to register with the State of New
				  Jersey, after notification by NJ TRANSIT of the intent to award that
				  out-of-State firm a contract. Failure to provide either certification or
				  notification of filing with the Division of Revenue and Enterprise Services
				  within the 10 working-day period may constitute cause for rejection of that
				  firm's bid or proposal.