reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 49 - TRANSPORTATION OF HAZARDOUS MATERIALS › Subchapter 3 - GENERAL REQUIREMENTS › Section 16:49-3.3 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The penalty for
				a violation of this chapter, including the Federal regulations adopted and
				incorporated by reference shall be as specified under
				39:5B-25 et seq., as
				amended.
(b) Each violation shall
				be treated separately. When the violation is a continuing one, each day of the
				violation constitutes a separate offense.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 49 - TRANSPORTATION OF HAZARDOUS MATERIALS › Subchapter 4 - HAZARDOUS MATERIALS RESTRICTIONS IN THE ROUTE 29 TUNNEL FACILITY › Section 16:49-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				is authorized under
				39:5B-25 et seq. and shall be read
				and interpreted in such a manner as to be, to the greatest degree practicable,
				in conformance with the applicable provisions of the hazardous materials
				transportation laws of the United States Department of
				Transportation.
(b) As used in this
				subchapter, the phrase "Route 29 tunnel facility" shall mean both the
				constructed Northbound and Southbound covered portions of State Highway Route
				29 located within the City of Trenton, in Mercer County, New Jersey.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 49 - TRANSPORTATION OF HAZARDOUS MATERIALS › Subchapter 4 - HAZARDOUS MATERIALS RESTRICTIONS IN THE ROUTE 29 TUNNEL FACILITY › Section 16:49-4.2 - Prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in
				16:49-4.3, vehicles required to be
				placarded for hazardous materials under the provisions of
				49 CFR
				172.500 (Subpart F), as amended and
				supplemented, shall be prohibited from entering into or traveling through the
				Route 29 tunnel facility.
(b)
				Except as provided in
				16:49-4.3, vehicles transporting
				one or more containers that individually hold, or are designed to individually
				hold, 10 or more pounds of compressed gases shall be prohibited from entering
				into or traveling through the Route 29 tunnel facility.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 49 - TRANSPORTATION OF HAZARDOUS MATERIALS › Subchapter 4 - HAZARDOUS MATERIALS RESTRICTIONS IN THE ROUTE 29 TUNNEL FACILITY › Section 16:49-4.3 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				restrictions contained in
				16:49-4.2 shall not apply to
				vehicles that meet one or more of the following exceptions:
1. Vehicles under the control of the New
				Jersey Department of Transportation, or its contractors, when such vehicles are
				directly involved in the maintenance, repair, or construction of the Route 29
				tunnel facility or its immediate approach roadways;
2. Vehicles excepted by court
				order;
3. Vehicles for which the
				United States Department of Transportation or the United States Department of
				Defense has requested an exception in the name of national interest, when
				approved by either the Governor, the Commissioner of Transportation, the
				Attorney General, or the Superintendent of State Police;
4. Emergency vehicles, rescue vehicles,
				police vehicles, and medical response or medical patient transportation
				vehicles;
5. Vehicles for which the
				Governor, the Commissioner of Transportation, the Attorney General, or the
				Superintendent of State Police orders an exception upon a finding of emergent
				circumstances; and
6. Alternate
				fueled vehicles, which means vehicles powered by liquefied petroleum gas (LPG),
				liquefied natural gas (LNG), or compressed natural gas (CNG) only when the
				vehicle:
i. Has either:
(1) Has a dedicated alternate fuel system
				installed by the manufacturer of the vehicle; or
(2) Has a fuel system that has been properly
				converted to an alternate fuel system;
ii. Has a fuel capacity that does not exceed
				150 pounds net weight of fuel; or
iii. Has an alternate fuel system that
				conforms to applicable Federal regulations including, but not limited to, 40
				CFR 85, 86, and 600;
iv. Conforms
				to the latest editions of the National Fire Protection Association (NFPA)
				standards as follows, which can be found at
http://www.nfpa.org
:
(1) NFPA 52 - Vehicular Gaseous Fuel Systems
				Code;
(2) NFPA 58 - Liquified
				Petroleum Gas Code; and
(3) NFPA
				59A - Standard for the Protection, Storage and Handling of Liquified Natural
				Gas; and
v. Displays all
				markings and symbols as required by law or regulation to identify the alternate
				fuel system.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 49 - TRANSPORTATION OF HAZARDOUS MATERIALS › Subchapter 4 - HAZARDOUS MATERIALS RESTRICTIONS IN THE ROUTE 29 TUNNEL FACILITY › Section 16:49-4.4 - Alternative through routing

Current through Register Vol. 56, No. 14, July 15, 2024
Vehicles prohibited from using the Route 29 tunnel facility
				  under the provisions of this subchapter shall utilize appropriate alternative
				  through routing. Vehicles using alternate through routing shall conform with
				  all applicable vehicle weight, length, width, height, operational, equipment,
				  safety, licensing, permit, and registration requirements.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 49 - TRANSPORTATION OF HAZARDOUS MATERIALS › Subchapter 4 - HAZARDOUS MATERIALS RESTRICTIONS IN THE ROUTE 29 TUNNEL FACILITY › Section 16:49-4.5 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Penalties under
				this subchapter shall be imposed and collected in accordance with
				39:5B-29, as amended and
				supplemented, adopted and incorporated herein by reference.
(b) The driver, owner, lessee and bailee,
				jointly and severally, of any vehicle found or operated in violation of this
				subchapter, shall be subject to penalties in accordance with the following
				schedule:
1. For taking a vehicle that is
				required to be placarded for hazardous materials under the provisions of 49 CFR
				Part 172, Subpart F into or through the Route 29 tunnel facility, the following
				penalties shall apply:
i. First offense: $
				5,000;
ii. Second offense: $
				10,000; and
iii. Subsequent
				offenses: $ 25,000.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 16:51-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter shall govern
				the filing of all pleadings and the practice and procedure of matters before
				the Motor Vehicle Commission of the State of New Jersey unless otherwise
				ordered.
(b) The rules in this
				chapter set forth operational and administrative duties of licensed autobus
				companies.
(c) Upon determination
				that a matter constitutes a contested case, the Uniform Administrative
				Procedure Rules, N.J.A.C. 1:1 shall apply.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 16:51-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter shall be
				liberally construed to permit the Division to effectively carry out its
				statutory functions and to secure just and expeditious determinations of issues
				properly presented to the Division.
(b) In special cases and for good cause
				shown, the Division may relax or permit deviations from this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 16:51-1.4 - Communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All pleadings,
				correspondence, and other papers shall be addressed to the Division of
				Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East
				State Street, PO Box 680, Trenton, NJ 08666-0680, and shall include the
				appropriate docket number if assigned.
(b) Copies of such correspondence shall be
				directed to the parties of record.
(c) Except as otherwise stated in this
				chapter, all such pleadings and correspondence shall be deemed to be officially
				received when delivered to the Division.
(d) All applications for Omnibus 1 shall be
				addressed to the Division of Inspection Services Bus Unit, New Jersey Motor
				Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ
				08666-0680.
(e) All applications
				for Omnibus 2 shall be delivered in person to any of the Commissions motor
				vehicle agencies located throughout the State of New Jersey.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 16:51-1.5 - Appearance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person or party, except an individual
				appearing on his or her own behalf, shall be permitted to participate in any
				proceeding before the Division, unless such person or party is represented by
				an attorney of this State in good standing. Any attorney from any other
				jurisdiction and in good standing there may, at the discretion of the Director
				or the Directors designee, be admitted pro hac vice to participate in a
				proceeding in the same manner as an attorney of this State; provided, however,
				that all pleadings, briefs, and other papers filed with the Division may be
				required to be signed by an attorney of record authorized to practice in this
				State, which attorney shall be held responsible for them.
(b) Any attorney wishing to withdraw from a
				proceeding before the Division shall, in writing, immediately notify the
				Director or the Directors designee, the party whom he or she represents, and
				all other parties of record of his or her request to do so. The request may be
				denied if, in the discretion of the Director, it is necessary to prevent
				duplication, delay, or disruption of the proceedings.
(c) Any person appearing before or
				transacting business with the Division in a representative capacity may be
				required by the Division to file evidence of his or her authority to act in
				such capacity.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 16:51-1.6 - Ethical conduct and ex parte communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the
				filing of a complaint, motion, or petition in a contested proceeding and prior
				to the issuance of a formal order thereon, no parties to the proceeding, or
				their counsel, shall discuss the merits of such matter or proceeding with any
				member of the Commission, the Director, or with any member or employee of the
				Division, unless reasonable notice is given to all parties who have appeared
				therein to enable such parties to appear at the conference or otherwise to
				participate in the discussion. When, after the filing of a complaint or
				petition and prior to the issuance of a final order thereon, letters are
				addressed to the Division or to any member of its staff, copies of such letters
				shall be mailed to all parties of record and proof of such service furnished
				upon request.
(b) In matters
				pending before the Office of Administrative Law, the provisions of N.J.A.C.
				1:1-3.8 shall apply to the extent applicable.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 1 - GENERAL PROVISIONS › Section 16:51-1.7 - Former employees

Current through Register Vol. 56, No. 14, July 15, 2024
Except with the written permission of the Chief
				  Administrator, no former member or employee of the Division or member of the
				  Attorney Generals staff assigned to the Division may appear in a representative
				  capacity or as an expert witness on behalf of other parties at any time within
				  six month after severing his or her association with the Division nor may he or
				  she appear after said six-month period in any proceeding wherein he or she
				  previously took an active part when associated with the
				  Division.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 2 - PLEADINGS › Section 16:51-2.1 - Pleadings generally

Current through Register Vol. 56, No. 14, July 15, 2024
Pleadings before the Division shall be in the form of
				  petitions, motions, answers, and replies.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 2 - PLEADINGS › Section 16:51-2.2 - Formal requirements for pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The form and
				size for pleadings shall be as follows:
1.
				Except where otherwise specifically provided, all pleadings and other papers
				filed under these rules shall be typewritten or printed, cut or folded to 8 1/2
				inches by 11 inches in size.
2.
				They shall be double spaced except that quotations may be single spaced and
				indented.
3. Where larger sheets
				are required for exhibits, they shall be folded substantially to the size
				herein prescribed.
4. Any process
				may be used for the reproduction of typewriting provided all copies are clear
				and permanently legible.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 2 - PLEADINGS › Section 16:51-2.3 - Time for filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise provided in this
				subchapter or ordered by the Division, a petition must be filed in its entirety
				and in accordance with this subchapter within 90 days of the date of the
				Divisions exception letter to petitioner; petitions that are incomplete as of
				that date shall be subject to dismissal.
(b) The date of filing shall mean the date
				upon which the pleading is received by the Division.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 2 - PLEADINGS › Section 16:51-2.4 - Amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pleadings will
				be liberally construed in the interest of justice. The Division may disregard
				errors or defects in pleadings, which deficiencies do not affect the
				substantial rights of the parties, or may in its discretion before or after the
				conclusion of any proceedings it conducts allow any pleadings to be amended or
				corrected or any omission therein to be supplied upon such terms as may be
				lawful and just, provided such amendment, correction, or addition does not
				prejudice a substantial right of any party.
(b) Whenever, subsequent to the date of the
				pleading, there is any significant change with respect to a matter contained in
				such a pleading, the party who filed the pleading shall promptly file an
				amendment showing or explaining the changed facts or circumstances.
(c) The filing of an amendment under this
				section shall not be considered a new filing as of the date of its filing
				unless otherwise ordered or permitted by the Division.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 2 - PLEADINGS › Section 16:51-2.5 - Service and notice of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise provided by statute or by this chapter, or unless otherwise ordered
				or permitted by the Division, the following provisions shall govern service of
				pleadings:
1. A filed and docketed petition
				shall be served by personal service or by certified mail by such petitioner or
				its agent or attorney upon each respondent named in such petition and on such
				other parties or persons as required by statute or elsewhere in this
				chapter;
2. All pleadings other
				than initial petitions, including all motions, answers, replies, briefs, and
				other papers, shall be served by the party filing same on all other parties of
				record concurrently with or prior to the filing of such pleading;
3. Except as otherwise provided elsewhere in
				this chapter, proof of service shall be by affidavit, by certificate of
				counsel, or by acknowledgement of service; in every such case such proof shall
				indicate the parties served and the method and date of service. Such proof of
				service shall be filed at the time of service of the pleading; all original
				receipts from the post office, from a courier, or from a process server shall
				be forwarded upon receipt thereof by the petitioner;
4. Whenever public notice is required, it
				shall be at the expense of the party directed to give such notice; and proof of
				public notice shall be made and filed in accordance with (a)3 above;
5. Service of pleadings other than initial
				petitions, notices, decisions, orders, and other papers shall be deemed valid
				if made by delivering one copy to each party appearing in the proceeding (or
				his or her attorney of record) in person, by certified mail, or by depositing
				it in the United States mail first class, postage prepaid, directed to the
				party (or his or her attorney of record) at his or her post office
				address;
6. Unless otherwise
				provided, when any party has appeared by attorney, service upon such attorney
				shall be deemed valid service upon the party for all future pleadings, until
				notice of withdrawal or dismissal of such attorney is served on all parties of
				record to the proceeding; and
7.
				Whenever a party has the right or is required to respond within a prescribed
				period after the serving of a notice or other paper upon him or her, and notice
				or paper is served upon him or her by mail, three days from the date of mailing
				shall be added to the service period prescribed for the response.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 2 - PLEADINGS › Section 16:51-2.6 - Withdrawal of petition or dismissal of proceeding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				petition may be withdrawn without order of the Division by filing a notice of
				withdrawal at any stage of the proceedings prior to the issuance of the
				Divisions decision on the petition or other final disposition of the
				proceeding. A proceeding may also be terminated on the approval of the Division
				by filing a stipulation signed by all parties who have appeared in the
				proceeding prior to the entry of the Divisions decision or order disposing of
				the proceeding.
(b) The Division
				may on its own motion, or upon motion of any party to a proceeding, dismiss the
				proceeding for good cause shown.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.1 - Petitions generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All petitions
				shall conform to N.J.A.C. 16:51-2, Pleadings, shall clearly and concisely state
				the facts and relief sought, shall state by appropriate reference the statutory
				provision or other authority under which the Divisions action is sought, and
				shall contain the following information:
1. A
				statement as to petitioners qualifications and standing to operate and maintain
				the proposed service or seek relief from the Division, as the case may be;
2. In the case of a petitioner who
				does not hold a Certificate, if petitioner is not a natural person or sole
				proprietor, a copy of petitioner's certificate of incorporation filed with, and
				stamped by, the New Jersey Department of the Treasury, Certificate of Trade
				Name, Certificate of Formation of an LLC, or any other document upon which the
				existence of legal entry is based, and, if petitioner is a foreign corporation,
				the petitioner's service of process agent and a Certificate of Good Standing
				issued by the New Jersey Department of the Treasury and bearing the Treasury
				Department's registration stamp;
3.
				The total number of shares of the petitioner's capital stock issued and
				outstanding (if applicable);
4. The
				names and addresses of officers, directors and shareholders that have five
				percent or more voting control, LLC members, partners or owners, as the case
				may be, of the petitioner and the extent of their respective interests in the
				petitioner;
5. The petition filing
				fee as prescribed by statute;
6.
				The street address and telephone number of the petitioner's principal place of
				business;
7. The names and
				addresses of all interested parties known to the petitioner, including, but not
				limited to, the petitioner and all entities from which the petitioner seeks
				relief; and
8. Copies of existing
				certificates, including all schedules, attachments and amendments, if any, that
				form the basis for the relief sought.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.2 - Petitions for the granting of Certificates of Public Convenience and Necessity to Conduct Autobus Operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Certificate
				of Public Convenience and Necessity (CPCN) application form is for both Omnibus
				1 and Omnibus 2 applicants, except charter bus operations. The CPCN application
				form is required to be submitted to the Division before registration of the
				first vehicle in the fleet. In addition to the information required pursuant to
				16:51-3.1(a)1 
				through 7 and the application form, all petitions for the granting of
				Certificates of Public Convenience and Necessity to Conduct Autobus Operations
				shall include the following:
1. A brief
				statement as to how the proposed service will serve the public convenience and
				necessity;
2. A schedule of
				equipment, including, but not limited to, the type, passenger capacity, year,
				make, model and VIN of each vehicle to be used in the proposed service; in the
				event that a vehicle has not yet been acquired by the petitioner, the VIN may
				be supplied after the filing of the petition at any time during the pendency of
				the action thereon;
3. A copy of
				petitioner's current income statement if petitioner is in operation at the time
				of filing;
4. Copies of
				petitioner's current balance sheet and pro forma balance sheet and pro forma
				income statement for the first year of operation;
5. A list of proposed passenger pickup and/or
				drop-off locations together with the following:
i. Proof that all such locations on public
				property are State, county or municipally approved pickup or drop off points in
				accordance with
				27:1A-44,
				39:4-197,
				39:4-198 and
				39:4-201; said proof shall be
				furnished by the following:
(1) Appending a
				copy of the municipal or county ordinances, resolutions or regulations
				governing omnibus stops, stations or standards; or
(2) If providing proof pursuant to (A) of
				this subparagraph is not possible, then an affidavit explaining why such proof
				cannot be provided accompanied by photographs of all proposed stops for which
				proof pursuant to (A) of this subparagraph cannot be provided, which
				photographs demonstrate that no signage exists that would prohibit the use of
				such location as a pickup or drop-off location; and
ii. Except as provided in (c)3 and (d)4 below
				for all proposed pickup and drop-off locations on private property, written
				proof of permission for such use by the owner or other individual or entity
				with the right of possession of said property; and
6. A proposed tariff, tariff filing fee and
				schedule of fares, if different from the tariff.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.3 - Petition for the approval of modification of a certificate of public convenience and necessity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				the approval of the modification or removal of operating restrictions contained
				in a Certificate, and petitions whose purpose is to extend or enlarge upon
				operating authority granted by the Division, shall conform to the provisions of
				N.J.A.C. 16:51-2, Pleadings, to the extent applicable, and shall in the body
				thereof, or attached thereto, also provide the information required by this
				section.
(b) In addition to the
				information required pursuant to
				16:51-3.1(a)1 
				through 8, the following information shall be included in such petitions:
1. A specific reference to petitioner's
				pertinent existing authority;
2. If
				the purpose of the petition is a modification or removal of restrictions, a
				statement showing existing restrictions;
3. If the purpose of the petition is a
				modification of a route or of pickup and drop-off locations, a street-by-street
				description and map of the current route and of the proposed modified route (if
				regular route), along with a current list of pickup and drop-off
				locations;
4. A statement that
				describes the proposed restriction removal or other change in existing
				operating authority, and gives the reason(s) for any of the changes proposed;
				and
5. In the case of proposed
				modification of regular route authority, a copy of the currently effective
				schedule of operations and the schedule of operations to be put into effect if
				the modification is approved.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.4 - Petitions for approval of the transfer, including merger or consolidation, of a certificate of public convenience and necessity for autobuses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				approval of the transfer, merger, or consolidation of a Certificate shall
				conform to the requirements of N.J.A.C. 16:51-2, Pleadings, to the extent
				applicable, and shall in the body thereof or in the attached exhibits, also
				provide the information required by this section.
(b) In addition to the information required
				pursuant to N.J.A.C. 16.51-3.1(a)8 and 3.2(a)1 through 4 and 6 concerning the
				proposed transferee, the petition shall contain the following:
1. A copy of the signed assignment(s),
				contract(s), lease(s), or other written agreement(s) by which the proposed
				transfer is to be made;
2. An
				affidavit by the transferor detailing all judgments, tax claims or liens
				against the transferor or against property or equipment involved in or
				associated with the proposed transfer; and
3. In the case of a proposed transfer of
				regular route authority, a copy of:
i. The
				currently effective schedule of operations; and
ii. The proposed schedule of operations of
				the proposed transferee.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.5 - Procedure upon filing of petitions for granting, modification, or transfer of Certificates of Public Convenience and Necessity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) and (c) below, upon receipt of a completed petition accompanied
				by the appropriate fee, the Division will assign and advise the petitioner of
				the docket number and will provide the petitioner with a service list of
				entities to be served pursuant to
				16:51-2.5 with a copy of the
				entire petition, including the docket number and including all attachments,
				exhibits, schedules, and amendments, but not including a copy of the check or
				money order by which fees were remitted to the Division, as follows:
1. If the subject of the petition is
				unrestricted regular route or regular route in the nature of special authority,
				the petition shall be served upon the clerks of all municipalities in which
				pickup and drop-off service is proposed to be conducted and all other carriers
				operating similar service or seeking to operate similar service in the proposed
				service area.
2. If the subject of
				the petition is restricted regular route authority, the petition shall be
				served upon the clerks of any municipalities in which pickup and drop-off
				service is proposed to be conducted.
3. If the subject of the petition is special
				authority, the petition shall be served upon the clerk of the municipality in
				which the petitioner's terminal is located and upon the clerks of the counties
				in which the petitioner proposes to conduct pickup and drop-off
				service.
4. Regardless of the
				subject of the petition, the petition shall be served upon anyone who requests
				a copy within 25 days of publication of the notice published in accordance with
				(e) below.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.6 - Ex parte or emergency relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a petitioner
				seeks ex parte action granting emergency relief, pending either the Divisions
				petition review process, receipt of notice by interested parties and the
				public, or a full hearing, it shall particularize the necessity for emergency
				action. The request must be supported by affidavits sufficient to make a prima
				facie case that the public interest will be subject to irreparable harm if the
				requested emergency relief is not granted.
(b) Upon receipt of the emergency application
				accompanied by the appropriate fee, the Division will forward to the petitioner
				a service list.
(c) In order to
				complete the emergency application, the petitioner must certify by affidavit
				that other interested parties as set forth in the service list were served
				copies of the petition by certified mail and must append copies of the post
				office receipts for payment of certified mail fees to the affidavit.
(d) In the event that the petition that forms
				the basis of the emergency authority is dismissed pursuant to
				16:51-3.5(d), the
				emergency authority will be rescinded with prejudice.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.7 - Complaint petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the information required
				pursuant to
				16:51-3.1, all complaint petitions
				shall include the following statement appended thereto:
"PLEASE TAKE NOTICE that, if an answer to the within petition
				  is not filed with the Division of Inspection Services Bus Unit, New Jersey
				  Motor Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ
				  08666-0680 within twenty days of your receipt of this petition, the Division
				  may, in its discretion, enter an Order granting the relief requested
				  herein."
(b) Upon receipt
				of a completed petition accompanied by the appropriate fee, the Division will
				assign and provide a docket number pursuant to
				16:51-2.5 with instructions to
				serve the petition pursuant to
				16:51-2.5 upon all interested
				parties.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.8 - Petitions for discontinuance of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition for
				discontinuance of service pursuant to
				48:2-24 shall conform to the
				provisions of
				N.J.A.C.
				16:51-2.7 and 3.1 to the extent applicable,
				and shall in the body thereof or in attached exhibits, also provide the
				following information:
1.Whether the service
				to be discontinued is the only one of its type in the subject service area;
2.Whether reasonable alternative
				transportation service to that service area is available;
3.The reason(s) for the proposed
				discontinuance; and
4.Proof of
				service of the petition upon the clerks of all municipalities and counties in
				which the petitioner proposes to discontinue service as well as publication of
				the following notice in newspapers of general circulation in all areas in which
				petitioner provides service: PLEASE TAKE NOTICE that ____________________________ (petitioner) has filed with the Division of Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ 08666-0680 a petition for a discontinuance of the following ________________________________ operations: (type of operations) (if regular or casino route: route number and pickup and drop-off points) (if special, special number and counties) currently provided in ___________________________. (type of equipment) Objections and other comments may be submitted within thirty days to the Division of Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ 08666-0680 and to this petitioner at _________________________________. (petitioner's address)
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.9 - Joinder of requests for relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petitioner
				may join in a single petition more than one independent or alternative request
				for relief subject, however, to the payment of the statutory filing fees
				applicable to each of the approvals sought.
(b) The Division may in its discretion sever
				matters so joined for hearing and determination or take such other action as
				may be in the public interest.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.10 - Tariff filings that do not propose increases in charges to customers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in N.J.A.C. 16:53D, tariff filings for the purpose of making effective
				revisions, changes, or alterations of existing tariffs and that are not filed
				because of the need for additional revenue from products or services covered by
				existing tariffs and that do not propose increases in charges to customers
				shall conform to the provisions of N.J.A.C. 16:51-2, Pleadings, and 16:51-3.1
				to the extent applicable and shall, in the body thereof or in attached
				exhibits, also provide the following information:
1. Whether the service to be discontinued is
				the only one of its type in the subject service area;
2. Whether reasonable alternative
				transportation service to that service area is available;
3. The reason(s) for the proposed
				discontinuance; and
4. Proof of
				posting of notice containing the following information in every terminal and
				bus affected by this filing and proof of publication thereof in a newspaper of
				general circulation within the area served by the routes affected by this
				filing:
i.The information contained in (a)1
				through 3 above; and
ii. Notice
				that objections and comments may be submitted within 15 days to the Division of
				Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East
				State Street, PO Box 680, Trenton, NJ 08666-0680 and to the autobus
				utility.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.11 - Tariff petitions that propose increases in charges to customers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in N.J.A.C. 16:53D, filings for the purpose of making revisions,
				changes, or alternations of existing tariffs that propose to increase any rate,
				fare, toll, rental, or charge or to alter any classification, practice, rule,
				or regulation so to result in such an increase (other than filings to
				effectuate the operation of an existing fuel adjustment clause) shall be by
				petition and shall conform to the provisions of N.J.A.C. 16:51-2 and 3.1 to the
				extent applicable and shall, in the body thereof or in attached exhibits,
				contain all applicable information and data set forth in
				16:51-3.10, Tariff filings that do
				not propose increases in charges to customers, and in addition shall contain
				the following:
1.A comparative balance sheet
				for the most recent three-year period (calendar year or fiscal year);
2.Comparative income statement for
				the most recent three-year period (calendar year or fiscal year);
3.A balance sheet at the most recent date
				available;
4.A statement of the
				amount of revenue derived in the calendar year last preceding the institution
				of the proceedings from the intrastate sales of the product supplied, or
				intrastate service rendered, the rates, tolls, fares or charges which are the
				subject matter of the filing;
5.A
				pro forma income statement reflecting operating income at present and proposed
				rates and an explanation of all adjustments thereon;
6.Except as provided in (a)7 below, a
				calculation showing the indicated rate of return on the average net investment
				(for the same period as that covered by the pro forma income statement), that
				is, investment in plant facilities plus equipment, supplies and working capital
				to the extent claimed, less the reserve for depreciation and advances and
				contributions for facilities;
7.If
				the request for rate relief is based upon
				48:2-21.2, there shall be included
				in lieu of the requirements of (a)6 above, a statement showing, that the facts
				of the particular situation meet the statutory requirements;
8.In providing the information required by
				this subsection, a company may also file, in addition to the new rates proposed
				to become effective, alternative rate changes designed to produce the full
				revenue request, which alternatives are illustrative of the application of
				other possible rate designs to the filing; and
9. An itemized schedule showing all payments
				or accruals to affiliated companies or organizations and to those who own in
				excess of five percent of the autobus utilitys capital stock regardless of the
				form or manner in which such charges are paid or accrued and an explanation of
				the service performed for such charges.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.12 - Office location and statutory agent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The location
				where the petitioner will continue to maintain an office within the State of
				New Jersey for the convenience of its customers to pay bills, file complaints,
				and conduct other business with the autobus utility.
(b)The name and address of the petitioner's
				statutory agent.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.13 - Filing that proposes a change of name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filings solely
				for the purpose of changing the name of an existing autobus utility shall
				provide the following information at least 20 days prior to the change of name:
1. A statement as to which of petitioner's
				operations will assume the new name; and
2.A copy of the amendment changing the
				corporate name, if applicable, filed pursuant to the provisions of the New
				Jersey Business Corporation Act, which copy displays the registration stamp of
				the New Jersey Department of the Treasury.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.14 - Procedure upon completion of filing and service or petition or notice of filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If no response,
				objection, or comment is received to a petition or notice of filing within the
				time set forth in the petition or in this chapter, the Division may, in its
				discretion, accept the allegations in the petition or filing as true and may
				grant the relief requested.
(b)Responses to complaint petitions shall be
				made by way of Answer.
1.The Answer to a
				Complaint petition shall address all allegations made in the Complaint petition
				and shall set forth all facts and legal arguments the respondent intends to
				raise.
2.In the event that an
				Answer raises issues of material fact, the matter shall be scheduled for a
				hearing, which shall be conducted in accordance with N.J.A.C. 1:1.
3.In the event that a respondent fails to
				file an Answer within time, the allegations of the Complaint shall be deemed
				admitted.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.15 - Filing that proposes a change of name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filings solely
				for the purpose of changing the name of an existing autobus public utility
				shall provide the following information at least 20 days prior to the change of
				name:
1. A statement as to which of
				petitioner's operations will assume the new name; and
2. A copy of the amendment changing the
				corporate name, if applicable, filed pursuant to the provisions of the New
				Jersey Business Corporation Act, which copy displays the registration stamp of
				the New Jersey Department of the Treasury.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 3 - PETITIONS › Section 16:51-3.16 - Procedure upon completion of filing and service or petition or notice of filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If no response,
				objection or comment is received to a petition or notice of filing within the
				time set forth in the petition or in these rules, the Commission may, in its
				discretion, accept the allegations in the petition or filing as true and may
				grant the relief requested.
(b)
				Responses to complaint petitions shall be made by way of Answer.
1. The Answer to a Complaint petition shall
				address all allegations made in the Complaint petition and shall set forth all
				facts and legal arguments the respondent intends to raise.
2. In the event that an Answer raises issues
				of material fact, the matter shall be scheduled for a hearing, which shall be
				conducted in accordance with N.J.A.C. 1:1.
3. In the event that a respondent fails to
				file an Answer within time, the allegations of the Complaint shall be deemed
				admitted.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 4 - MOTIONS: INTERVENTION › Section 16:51-4.1 - Motions; generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a party
				other than a petitioner seeks an order of the Division, the party shall apply
				by motion.
1. A movant shall make each motion
				in writing.
2. No technical forms
				of motion are required. In a motion, a party shall state the grounds upon which
				the motion is made and the relief or order being sought.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 51 - PRACTICES AND PROCEDURES BEFORE THE DIVISION OF INSPECTION SERVICES BUS UNIT › Subchapter 4 - MOTIONS: INTERVENTION › Section 16:51-4.2 - 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 applications made under (i) below, no action shall be
				taken thereon 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 Division for
				disposition. Proof of service shall be filed with the moving papers or promptly
				thereafter. No motion shall be submitted for disposition until proof of service
				has been provided.
(c) The opposing
				parties shall file and serve responsive papers, that is, an answer, no later
				than 10 days after receiving the moving papers.
(d) The movant may file and serve further
				papers, that is, a reply, responding to any matter raised by the opposing party
				and shall do so no later than five days after receiving the responsive
				papers.
(e) All motions shall be
				submitted for decision on the papers unless a settlement conference is arranged
				for by the Director.
(f) All
				motions shall be deemed denied if not decided within 60 days from the filing
				thereof, except as otherwise specified in these rules.
(g) A motion to intervene against a petition
				for approval, modification, or transfer of a Certificate must be filed with the
				Division no later than 30 days after the date of service of the petition upon
				the movant or 30 days after the date of publication of the notice pursuant to
				16:51-3.5(e),
				whichever is later.
(h) The time
				requirements of the rule may be modified in the discretion of the Division for
				good cause.
(i) In the event that
				an immediate order of the Division is necessary to prevent irreparable harm,
				the movant shall set forth the nature of the emergency in his or her moving
				papers.
1. Upon delivery of the motion to the
				Division and to the respondent, the movant shall schedule a conference call
				with the respondent and a representative of the Division.
2. In the event that a conference call cannot
				be scheduled within two working days, the Division may, in its discretion,
				issue an Order granting interim relief.