reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.4 - Time frames

Current through Register Vol. 56, No. 14, July 15, 2024
As soon as possible after receipt of the complaint, the Chief
				  Procurement Officer, or his or her designee, will provide written notice to the
				  contractor against which the complaint was filed. Once notified, the contractor
				  must reply to the complaint within 10 business days of the contractor's receipt
				  thereof, or prior to the deadline specified in the notice of complaint,
				  whichever date is earlier. The contractor may cure or submit a corrective
				  action plan for any defects during that period. A cure or corrective action
				  plan may be taken into consideration by the Chief Procurement Officer's
				  designee in determining whether a complaint is to be resolved against the
				  contractor. The contractor shall notify the assigned designee of any cure or
				  corrective action plan effectuated by the contractor. However, such a cure or
				  corrective action plan shall not serve as cause for automatic invalidation of a
				  meritorious complaint. The using department may file a response to the
				  submission of the contractor and provide a copy of the using department's
				  response to the contractor. As soon as practicable after receipt of the
				  response provided, the Chief Procurement Officer's designee shall issue an
				  initial determination to the contractor and using department regarding the
				  merits of the complaint. The contractor or using department may file an appeal
				  to the Chief Procurement Officer within 10 business days of receipt of NJ
				  TRANSIT's initial determination or, prior to the deadline specified in the
				  initial determination, whichever date is earlier. If the Chief Procurement
				  Officer finds that a complaint against a contractor is valid, the contractor
				  shall be notified of the time by which corrections are to be made. Any time
				  frame specified in this subchapter may be shortened or extended by the Chief
				  Procurement Officer for good cause. In such instances, the Chief Procurement
				  Officer shall give adequate notice to the parties involved. A pending complaint
				  or an initial determination shall not prevent NJ TRANSIT from exercising any
				  other right or seeking any remedy available at law or in
				  equity.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.5 - Resolution of complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				complaint appealed to the Chief Procurement Officer, or his or her designee,
				shall be resolved by written decision on the basis of the Chief Procurement
				Officer's review of the written record including, but not limited to, the
				complaint and any attachments, the terms, conditions, and requirements of the
				contract that includes the proposal submitted by the contractor, pertinent
				administrative rules, statutes, and case law, and any associated documentation
				the Chief Procurement Officer deems appropriate. Such review of the written
				record shall, in and of itself, constitute an informal hearing.
(b) At the discretion of the Chief
				Procurement Officer, the using department and/or respondent may be required to
				make an in-person presentation, which may include an opportunity to submit
				additional documentation relevant to the issues set forth in the original
				complaint.
(c) The Chief
				Procurement Officer, or his or her designee, may perform a review of the
				written record or conduct an in-person presentation directly. A determination
				by the Chief Procurement Officer, or his or her designee, shall be a final
				agency decision, which shall be appealable to the Appellate Division of the
				Superior Court.
(d) Hearings
				arising under this subchapter are not contested cases subject to the
				requirements of the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1et seq., and 52:14F-1 et seq., and
				the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The period during
				which a complaint is being handled administratively shall not toll the running
				of any limitations period in the New Jersey Contractual Liability Act,
				N.J.S.A.
				59:13-1et seq.
(e) An initial decision pending an appeal
				before the Chief Procurement Officer, or his or her designee, or a final
				determination by the Chief Procurement Officer, or his or her designee, shall
				not prevent NJ TRANSIT from exercising any other right or seeking any other
				remedy available at law or in equity.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.6 - Rejection of goods and/or services

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this subchapter shall preclude NJ TRANSIT from
				  rejecting the goods or services in question if, upon delivery, defects are
				  substantial and not curable by the contractor within a reasonable
				  time.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.7 - Emergency situations

Current through Register Vol. 56, No. 14, July 15, 2024
When, in the discretion of the Chief Procurement Officer, or
				  his or her designee, the non-compliance by the contractor affects or may affect
				  health, safety, or jeopardize the assets of NJ TRANSIT, the Chief Procurement
				  Officer, or his or her designee, shall immediately contact the contractor and
				  attempt to obtain full compliance. If no resolution is immediately forthcoming,
				  the Chief Procurement Officer may, without delay, engage a substitute
				  contractor and charge the non-complying contractor any additional costs NJ
				  TRANSIT incurs as a result of the substitution.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.8 - Effect of contractor non-compliance with contract provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief
				Procurement Officer may, in the following circumstances, terminate a contract
				with a non-complying contractor and immediately purchase goods or obtain
				services from another source and charge the defaulting contractor the
				difference in price, if any:
1. Refusal of a
				non-complying contractor to bring goods or services into compliance in the time
				or manner specified by the Chief Procurement Officer; or
2. Refusal of a contractor to answer
				inquiries by NJ TRANSIT or failure of a contractor to respond to a formal
				complaint within 10 business days of receipt or prior to the deadline specified
				in the notice of complaint.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.9 - Complaint discovery procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				NJ TRANSIT, either as part of discovery in connection with a complaint filed
				under this subchapter, or for any other reason, is entitled to request,
				receive, review, and audit copies of any and all records and documents related
				to a NJ TRANSIT contract at any time. Upon receipt of the request, the
				contractor shall promptly provide the requested records and documents free of
				charge in the time, place, and manner specified. Failure of the contractor to
				comply with the requirements of this section may, at the reasonable discretion
				of the Chief Procurement Officer:
1.
				Constitute sufficient basis to resolve the issue(s) in the complaint against
				the non-compliant contractor; and/or
2. Be used by NJ TRANSIT to prove contract
				non-compliance and may be the basis for NJ TRANSIT to take any action or seek
				any remedy available under the contract, at law, or in
				equity.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.10 - Complaint against disadvantaged business enterprise

Current through Register Vol. 56, No. 14, July 15, 2024
Complaints filed against a disadvantaged business enterprise
				  in a Federally funded procurement shall follow an alternate procedure
				  consistent with 49 CFR Part 26.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 1 - INTRODUCTION › Section 16:73-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The NJ TRANSIT Reduced Fare Program is designed to provide
				  intrastate and interstate autobus and rail and light rail passenger service for
				  seniors and people with disabilities on regular routes of the participating
				  carriers at no more than one half of the regular adult one-way fare as set
				  forth in the carrier's tariffs.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 1 - INTRODUCTION › Section 16:73-1.3 - Exclusions

Current through Register Vol. 56, No. 14, July 15, 2024
Seniors and people with disabilities are not permitted to
				  ride at a reduced fare on intrastate and interstate school, charter, demand
				  responsive, or special motor bus and rail and light rail passenger service, and
				  trips to or from Atlantic City locations when the user receives, from any
				  source, money or other gratuities in addition to the transportation
				  purchased.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 2 - IDENTIFICATION AND REGISTRATION › Section 16:73-2.1 - Registration of seniors for NJ TRANSIT Reduced Fare Photo Identification Card

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals may
				complete a NJ TRANSIT Photo ID Card application through the NJ TRANSIT website
				at
http://www.njtransit.com
.
				Alternatively, they can obtain a printed application at an NJ TRANSIT Customer
				Service Office, from NJ TRANSIT's website, or by writing, or calling the NJ
				TRANSIT Reduced Fare Program at:
NJ TRANSIT Finance Department
Reduced Fare Program
One Penn Plaza East
Newark, NJ 07105
Phone: 973-491-7112
(b) If the individual chooses to submit a
				physical application, rather than complete the online application, the
				completed signed application, along with a passport photo obtained at the
				applicant's expense and copies of legal documentation (acceptable legal
				documentation includes a driver's license, passport, or state-issued
				identification card) providing proof of age and identity, should be returned by
				mail to:
NJ TRANSIT Finance Department
Reduced Fare Program
One Penn Plaza East
Newark, NJ 07105
(c) Applicants can have their physical
				application verified at some banks, savings and loan associations, county
				offices on aging, and State offices providing services for seniors. The
				applicant may bring a passport photo obtained at the applicant's expense and
				legal documentation (acceptable legal documentation includes a driver's
				license, passport, or state-issued identification card) providing proof of age
				and identity to verify their application in person at these application
				centers.
(d) Authorized personnel
				at these locations will examine and verify the required identification
				documents and photo. The applicant will then forward the completed application
				to NJ TRANSIT for processing.
(e)
				NJ TRANSIT shall issue an NJ TRANSIT Photo ID Card to each qualified applicant.
				The NJ TRANSIT Photo ID Card shall be valid until age 65, at which time most
				individuals receive a Medicare Card. NJ TRANSIT will not establish an automatic
				renewal procedure. If a senior does not hold a Medicare Card, or wishes to
				renew their NJ TRANSIT Photo ID card for identification purposes, he or she may
				contact the NJ TRANSIT Reduced Fare Program and request one.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 2 - IDENTIFICATION AND REGISTRATION › Section 16:73-2.2 - Registration of people with disabilities for NJ TRANSIT Reduced Fare Photo Identification Card

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals may
				complete an NJ TRANSIT Photo ID Card application through the NJ TRANSIT website
				at
http://www.njtransit.com
.
				Alternatively, they can obtain a printed application at an NJ TRANSIT Customer
				Service Office, from NJ TRANSIT's website, or by writing, or calling the NJ
				TRANSIT Reduced Fare Program at:
New Jersey Transit Finance Department
Reduced Fare Program
One Penn Plaza East
Newark, NJ 07105
Phone: 973-491-7112
(b) Applicants will complete their portion of
				the application form and give it to a licensed physician or other licensed
				healthcare professional to complete the physician's section of the form. The
				completed form, along with a passport photo obtained at the applicant's expense
				and legal documentation (acceptable legal documentation includes a driver's
				license, passport, or state-issued identification card) providing proof of
				identity, should be mailed to the address noted above.
(c) NJ TRANSIT may request additional
				information regarding an application from the certifying physician or
				healthcare professional. Incomplete or denied applications will be returned to
				the applicant with a letter explaining the reason(s) therefor.
(d) An applicant may appeal NJ TRANSIT's
				decision to return or deny an application by submitting a written request for
				reconsideration of eligibility for an NJ TRANSIT Photo ID Card to:
NJ TRANSIT Finance Department
Director, Treasury Operations & Finance Compliance
One Penn Plaza East
Newark, NJ 07105
(e) The final decision on eligibility will be
				made by NJ TRANSIT.
(f) NJ TRANSIT
				will process the application and mail an NJ TRANSIT Photo ID Card to the person
				with a disability. The NJ TRANSIT Photo ID Card will be valid for four years
				from date of issue, unless it has been determined that the applicant has a
				temporary disability, in which case the Photo ID Card's validity will be for a
				period of time that is commensurate with the duration of the temporary
				disability.
(g) NJ TRANSIT will
				establish an automatic renewal system for NJ TRANSIT Photo ID Cards issued to
				permanently disabled persons.
(h)
				Individuals enrolled in NJ TRANSIT's Access Link program are automatically
				eligible for the Reduced Fare program. These individuals will be issued an NJ
				TRANSIT Photo ID card upon notification from NJ TRANSIT's Access Link
				Department to the Reduced Fare Department and are not required to submit a
				separate application.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 2 - IDENTIFICATION AND REGISTRATION › Section 16:73-2.3 - Identification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Seniors and people with disabilities must present an NJ TRANSIT Photo ID Card
				or a valid Medicare Card to the bus operator, rail conductor, or fare
				enforcement officer as proof of being qualified to participate in the NJ
				TRANSIT Reduced Fare Program.
(b)
				The NJ TRANSIT Photo ID Card, which is not transferable, must be used only by
				the person to whom it is issued, and must be kept in that person's possession
				during the entire ride.
(c) If the
				NJ TRANSIT Photo ID Card is lost or stolen, the cardholder should contact the
				NJ TRANSIT Reduced Fare Program at 973-491-7112. Lost or stolen cards will be
				replaced at no cost to the cardholder. The Corporation may place greater
				scrutiny on multiple requests for lost or stolen ID cards, including, but not
				limited to, checks for fraudulent activity and use.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 2 - IDENTIFICATION AND REGISTRATION › Section 16:73-2.4 - Purchase of reduced fare tickets

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				NJ TRANSIT does not sell books of reduced fare tickets. Seniors or people with
				disabilities who want to utilize NJ TRANSIT bus, rail, or light rail
				transportation may purchase one-way reduced fare tickets prior to their travel
				at NJ TRANSIT ticket windows, through the NJ TRANSIT Mobile Application, from
				ticket vending machines, or from commissioned ticket agents (who are contracted
				by NJ TRANSIT to sell NJ TRANSIT tickets). Reduced fare tickets for bus or rail
				transportation may also be purchased on the bus or train and the surcharge will
				be waived.
(b) For reduced fare
				interstate travel on lines operated by private bus carriers, NJ TRANSIT makes
				special voucher booklets available at banks, county offices on aging, and State
				offices that provide services for seniors. In addition to paying a reduced cash
				fare, seniors may be required to present a "voucher" removed from these
				booklets along with such person's appropriate identification to travel on these
				lines.
(c) The Atlantic City Jitney
				Association does sell ticket books that may be purchased by seniors and people
				with disabilities at a reduced rate.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 3 - AGREEMENTS WITH CARRIERS FOR SERVICES AND PAYMENTS › Section 16:73-3.1 - Agreements with carriers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJ
				TRANSIT may enter into contractual agreements with a carrier that desires to
				participate in the NJ TRANSIT Reduced Fare Program. Each contract shall contain
				conditions, terms, and provisions as NJ TRANSIT may require, including, but not
				limited to, provisions permitting or relating to:
1. Terms and method of payment;
2. Auditing and settlement of
				payments;
3. Data and
				recordkeeping;
4. Service to be
				performed pursuant to the contract;
5. Applicable tariffs and schedules;
				and
6. Any such other matters as NJ
				TRANSIT deems to be in the public interest.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 73 - REDUCED FARE TRANSPORTATION PROGRAM FOR SENIOR CITIZENS AND PEOPLE WITH DISABILITIES › Subchapter 3 - AGREEMENTS WITH CARRIERS FOR SERVICES AND PAYMENTS › Section 16:73-3.2 - Method of payment to carriers

Current through Register Vol. 56, No. 14, July 15, 2024
Reimbursement to the participating carriers shall be an
				  amount equal to the seniors' or people with disabilities' reduced fare,
				  multiplied by the number of eligible trips by seniors or people with
				  disabilities participating in the NJ TRANSIT Reduced Fare Program, provided
				  that the total payments to all carriers do not exceed the budget of NJ TRANSIT
				  for this program. In cases where the carrier has rounded down the reduced fare
				  to the nearest nickel, NJ TRANSIT shall reimburse an additional nickel per each
				  qualified person. For bus service, eligible trips may be determined by the
				  number of reduced fare tickets submitted by bus carriers, or such other
				  reasonable method as shall be determined by NJ TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 16:76-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT was established by the New Jersey Public
				  Transportation Act of 1979, N.J.S.A. 27:251 et seq., as the instrumentality of
				  the State government to establish and provide for the operation and improvement
				  of a coherent public transportation system in the most efficient and effective
				  manner. Pursuant to
				  N.J.S.A.
				  27:25-1et seq., NJ TRANSIT is authorized to
				  purchase capital improvements for lease to eligible private bus carriers and to
				  rehabilitate NJ TRANSIT owned or leased equipment that is leased to eligible
				  private bus carriers. In doing so, public transit in the State will become more
				  reliable, safe, efficient, and user-friendly for the State's public transit
				  users. This chapter is designed to provide guidelines and procedures pursuant
				  to which NJ TRANSIT will allocate such capital improvements to private bus
				  carriers.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 2 - GUIDELINES › Section 16:76-2.1 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible
				to receive assistance pursuant to the PCCIP, a private carrier must have been:
1. Authorized by NJ TRANSIT to participate in
				NJ TRANSIT's Bus Allocation Program; and
2. Authorized to provide regular route peak
				bus service by the New Jersey Motor Vehicle Commission, the United States
				Department of Transportation, a municipality, or any other duly authorized
				regulatory body.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 2 - GUIDELINES › Section 16:76-2.2 - Other requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Carriers shall abide by all requirements of NJ TRANSIT and the FTA to the
				extent applicable.
(b) Carriers
				shall provide any records or documentation that FTA or NJ TRANSIT may require
				to facilitate completion of any audit process in relation to any FTA grant or
				any report required to be submitted to FtA.
(c) Carriers shall certify to NJ TRANSIT that
				all capital improvements are being satisfactorily maintained along accepted
				product standards throughout their useful life span. Carriers shall develop and
				submit to NJ TRANSiT a maintenance plan if required by FTA or NJ
				TRANSIT.
(d) A carrier shall enter
				into a lease agreement with NJ TRANSIT for any items received through the
				PCCIP. Any capital improvements may be repossessed by NJ TRANSIT or cost of the
				improvement recovered, where applicable, if a fully executed lease agreement
				between the carrier and NJ TRANSIT has not been executed and/or appropriate
				insurance requirements have not been met. The lease will clearly outline all
				obligations pertaining to the carrier and NJ TRANSIT.
(e) NJ TRANSIT will retain title to all
				equipment purchased through the PCCIP throughout the life of the equipment. In
				the event that funds from the PCCIP are utilized to improve equipment or
				facilities owned by the carrier, or any affiliate or any other entity, NJ
				TRANSIT shall obtain a security interest in the equipment or facilities equal
				to the cost of the capital improvements and a carrier's certification that the
				asset will remain in public use for the length of its useful life. Based on
				past actions of the carrier and/or affiliates of the carrier, the lease may be
				conditioned on a carrier agreeing that it or any present or future affiliate
				shall not provide additional regular route bus services with NJ TRANSIT buses
				leased to the carrier without NJ TRANSIT's approval.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 2 - GUIDELINES › Section 16:76-2.3 - Disposal of capital equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				If capital assistance results in the replacement of carrier-owned equipment,
				the carrier shall remove the equipment from service.
(b) A carrier shall submit a request to NJ
				TRANSIT for the disposition of NJ TRANSIT equipment.
1. Disposition of NJ TRANSIT equipment cannot
				occur without prior written approval from NJ TRANSIT.
2. NJ TRANSIT may require the equipment to be
				returned to NJ TRANSIT for disposition.
3. If the item was originally purchased with
				FTA funds, the proceeds resulting from the sale of these items will revert to
				NJ TRANSIT for disposition in accordance with FTA regulations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 2 - GUIDELINES › Section 16:76-2.4 - Source and allocation of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The funds utilized for the Private Carrier Capital Improvement Program are
				provided by the FTA or by the Transportation Trust Fund of the State of New
				Jersey. Accordingly, expenditures of PCCIP funds are subject to the
				requirements of the FTA and to the requirements of the Transportation Fund Act,
				N.J.S.A.
				27:1B-1et seq.
(b) NJ TRANSIT will allocate the PCCIP funds
				to all participating carriers on an annual basis in proportion to the level of
				regular route bus service operated by each carrier, as measured by the peak
				vehicle requirements for the regular route bus service operated by each
				carrier.
(c) The allocation of
				PCCIP funds shall be weighted 2:1 between transit and cruiser-type buses. This
				weighting is intended to recognize the normally higher maintenance costs and
				shorter vehicle component lives associated with the all-day operation of local
				urban service. For the purpose of this allocation, suburban type buses shall be
				classified as cruiser-type buses.
(d) NJ TRANSIT may retain up to 10 percent of
				the total allocation of PCCIP funds each year to cover the cost to NJ TRANSIT
				of administering its private carrier programs and the costs associated with the
				expenditure of PCCIP funds.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 2 - GUIDELINES › Section 16:76-2.5 - Eligible and ineligible uses of allocated PCCIP funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) PCCIP expenditures must be for capital
				improvements and/or capital maintenance.
(b) Allocated PCCIP funds may be utilized by
				participating carriers for the following types of expenditures:
1. Rehabilitation of NJ TRANSIT owned/leased
				vehicles--including, but not limited to, the complete overhaul of a bus engine
				and/or transmission, purchase of a complete bus engine or transmission, HVAC
				rehabilitation, and seat/cover replacements;
2. Rehabilitation of carrier-owned
				vehicles--same as (b)1 above, but only for vehicles used in regular route bus
				service;
3. Facility
				improvements--only facilities used to support the operation of regular route
				bus service;
4. Capital equipment
				purchases--including, but not limited to, electronic equipment (including
				fareboxes or other revenue handling equipment), radios, and related equipment
				and garage maintenance equipment;
5. Purchase of buses--only vehicles for
				principal use in regular route bus service; and/or
6. Support vehicle purchases--vehicles for
				road service, road supervision, driver relief, etc.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 2 - GUIDELINES › Section 16:76-2.6 - Bus rehabilitation or refurbishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Based on its expertise and experience in
				the field of public transit service and knowledge of the condition of the
				private bus fleet in New Jersey, NJ TRANSIT may determine, at its discretion,
				to initiate a program providing for the rehabilitation or refurbishment of all
				or a portion of the bus fleets operated in regular route bus service by
				carriers in order to sustain the life of certain buses until they can be
				replaced. Such program will be subject to the availability of funding and may
				be conducted as an expansion of the PCCIP or as a replacement for the
				allocation of all or a portion of PCCIP funds to participating carriers during
				a given year.
(b) NJ TRANSIT shall
				ensure that the PCCIP addresses the legitimate needs of aging buses. The
				project shall be designed to ensure that funds are invested wisely and in a way
				that maximizes the use of existing resources to maintain the buses for the
				benefit of the riding public until they can be replaced. The rehabilitation
				program may be expected to include power plant rebuilding, replacement of HVAC
				systems, seat cushion and upholstery replacement, structural repairs, and
				repainting. Work and funding priority among carriers shall be made on an
				equitable basis, taking into account each carrier's percentage of eligible
				equipment, the age and condition of the equipment, the responsiveness of the
				carrier in identifying the required repairs for its fleet, the demonstrated
				ability and commitment of the carrier to maintain the equipment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 2 - GUIDELINES › Section 16:76-2.7 - Special needs

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT may determine, at its discretion, to initiate a
				  program to fulfill an identified need of a major segment of the participating
				  carriers. By way of example, such needs may include the acquisition of revenue
				  collection equipment, acquisition of vehicle emission components and the
				  related installation services required to comply with mandated regulatory
				  standards, acquisition of ticket sales equipment, and acquisition of
				  sophisticated and expensive vehicle maintenance systems. In reviewing and
				  analyzing such needs, NJ TRANSIT shall utilize its expertise and experience in
				  the field of public transit services and such analysis shall be conclusive for
				  purposes of determining whether PCCIP funds should be so utilized. Such program
				  will be subject to the availability of funding and may be conducted as an
				  expansion of the PCCIP or as a replacement for the allocation of all or a
				  portion of PCCIP funds to participating carriers during a given
				  year.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 76 - PRIVATE CARRIER CAPITAL IMPROVEMENT PROGRAM › Subchapter 3 - DETERMINATION OF INELIGIBILITY › Section 16:76-3.1 - Notification and dispute process

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When NJ TRANSIT contemplates declaring that a carrier is ineligible for the
				Private Carrier Capital Improvement Program, the Senior Director, Private
				Carrier Affairs, shall notify the carrier in writing of the preliminary
				decision, and the reasons therefor, and allow the carrier the opportunity to
				respond. The carrier shall submit its written response to such communication
				within 15 business days of the date the communication was received by the
				carrier. In its response, the carrier shall respond with particularity and
				detail to each and every assertion made by the initial communication. The
				carrier may submit any document with its response that may be relevant to the
				carrier's position.
(b) The Senior
				Director, Private Carrier Affairs, shall consider the carrier's response on the
				papers submitted by the carrier and all other relevant material, including the
				applicable provisions of
				N.J.S.A.
				27:25-1et seq., and any other applicable law
				and shall render a decision within 30 days of the receipt of the carrier's
				written response. Where NJ TRANSIT finds it necessary to request additional
				information, the carrier shall respond accordingly. NJ TRANSIT shall render a
				decision based on the facts, the law, and any relevant considerations of public
				policy. A carrier may seek a review of such decision by the Chief, Light Rail
				and Contract Services, by filing a notice of such intention within 10 days
				after receipt of the decision by the Senior Director, Private Carrier Affairs.
				The Chief, Light Rail and Contract Services, shall then establish a schedule
				for the filing of papers in connection with the carrier's appeal. A decision by
				the Chief, Light Rail and Contract Services, shall constitute a final agency
				determination of NJ TRANSIT appealable in the Appellate Division of the
				Superior Court of New Jersey, as provided by applicable law.
(c) No final action shall be taken by NJ
				TRANSIT regarding the carrier's eligibility for capital improvements until the
				carrier has had the opportunity to exhaust its right to respond to NJ transit's
				preliminary decision or seek review of that decision as described at (b)
				above.
(d) Where a carrier may be
				in breach of its obligations under any lease or other contracts between NJ
				TRANSIT and the carrier, any recourse or remedy for such breach shall be
				resolved and determined under the terms and conditions of the lease or contract
				and applicable law.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 77 - USE OR OCCUPANCY OF NJ TRANSIT-OWNED PROPERTY FOR UTILITY FACILITIES › Subchapter 1 - PERMITS AND CONDITIONS › Section 16:77-1.2 - Permit applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				person, company, corporation, business, governmental agency, or other entity
				may use or occupy NJ TRANSIT-owned property with equipment, utilities, and/or
				facilities, including, but not limited to, electrical and communications wires,
				sewer and water pipes, and various types of infrastructure related thereto
				without obtaining a permit from NJ TRANSIT. The permits as defined herein do
				not apply to occupancy of NJ TRANSIT property for other uses. All requests for
				permits shall be submitted, in writing, in accordance with NJ TRANSIT's
				Guidelines for Working within or in vicinity of NJ TRANSIT's right-of-way or
				applicable document in effect at the time of application, which shall govern
				the use of NJ TRANSIT-owned property for which a permit is issued. Written
				requests for permits shall be addressed to:
NJ TRANSIT
Real Estate Division
Manager, Property Management--Permits
One Penn Plaza East
Newark, New Jersey 07105-2246
(b) Once a request for a permit has been
				received, the applicant shall be responsible to NJ TRANSIT for application
				fees, regardless of permit completion. The application fee will be $ 350.00 for
				each permit.
(c) Once stamped
				drawings have been entered into the review process, the applicant shall be
				responsible to the involved jurisdiction for the applicable review fees,
				regardless of permit completion.
(d) No refund of any fees shall be made after
				an application for a permit has been submitted.
(e) NJ TRANSIT will notify the applicant of
				its decision, which may be made in its sole and absolute discretion, regarding
				the issuance of a permit. If NJ TRANSIT approves the application, after being
				reviewed by the involved jurisdiction, a permit will be sent to the applicant
				for completion. It shall be the applicant's responsibility to complete the
				permit and return it to NJ TRANSIT with the designated fee(s). No permit shall
				be issued nor shall a permittee enter upon NJ TRANSIT's property unless the
				permit is fully executed and all designated fee(s), including application fee,
				administrative fee, review fee(s), and at least the first year's occupancy fee
				have been paid.
(f) If at any time
				the permittee seeks to modify its use or occupancy of the NJ TRANSIT-owned
				property, the permittee shall be required to apply for a new or amended permit
				according to the provisions of this section.
(g) Upon expiration of a permit, NJ TRANSIT
				may issue a new permit without requiring the permittee to submit a new
				application. A new occupancy fee will be assessed in accordance with the fee
				schedule rates in effect at the time.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 77 - USE OR OCCUPANCY OF NJ TRANSIT-OWNED PROPERTY FOR UTILITY FACILITIES › Subchapter 1 - PERMITS AND CONDITIONS › Section 16:77-1.3 - Permit conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				permittee shall provide the indemnification and insurance coverage as required
				by NJ TRANSIT, which may be updated from time to time in accordance with State
				and Federal law, regulations, policy, and as best practices may require.
1. The permittee shall indemnify, defend,
				keep, and save harmless New Jersey Transit Corporation, Inc., NJ Transit Rail
				Operations, Inc., NJ Transit Bus Operations, Inc., the State of New Jersey, and
				their contractors, operators, and other railroad(s) operating on the affected
				property, their successors, assigns, contractors, agents, employees, servants
				or officials, and each and every one of them or any other designee of NJ
				TRANSIT (indemnified parties) against all claims, just or unjust, made against
				the indemnified parties on account of injuries, deaths, losses of any kind
				whatsoever; damages, suits, liabilities, judgments, claims for infringement of
				patent, trademark or copyright, cost and expenses that may in any way accrue
				against the indemnified parties in consequence of the granting of a permit or
				that may in any way result therefrom; and whether or not it shall be alleged or
				determined that the cause thereof was the negligent acts or omissions of the
				indemnified parties and the permittee shall appear, defend and pay, as its own
				expense, all costs, including counsel fees, arising therefrom or incurred in
				connection therewith, and, if any judgment shall be rendered against the
				indemnified parties in any such action, the permittee shall, at its own
				expense, satisfy, and discharge the same.
2. Operations at or near the facilities
				involve some risk, and the permittee, as part of the consideration for a
				permit, and with full knowledge and appreciation of such risk, shall release
				and waive any right to ask for or demand any special, direct, incidental,
				indirect, punitive, reliance or consequential damages, whether foreseeable or
				not, for or on account of any loss or injury to any property of the permittee
				and its employees, including property in the care, custody, and control of the
				permittee, and to the facilities and contents thereof that are over, under,
				upon, or in the property of NJ TRANSIT, including loss of, or interference
				with, service or use thereof, or loss of profits or revenue, cost of capital,
				cost of replacement services, claims of customers or third parties, whether or
				not it shall be alleged or determined that the cause thereof was breach of
				contract, breach of warranty, negligent acts or omissions of the indemnified
				parties or the permittee, their successors, assigns, contractors, agents,
				employees, servants, and officials or of other persons.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 77 - USE OR OCCUPANCY OF NJ TRANSIT-OWNED PROPERTY FOR UTILITY FACILITIES › Subchapter 1 - PERMITS AND CONDITIONS › Section 16:77-1.4 - Administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fees
				described in this section are intended to cover the cost of processing of
				papers and other incidental expenses incurred by NJ TRANSIT, and are in
				addition to the application fee and the occupation fees in this
				chapter.
(b) Administrative fees
				will be charged as follows:
1. Wire and cable
				crossings and longitudinal occupations over or under NJ TRANSIT-owned property:
i. All transverse crossings not exceeding 300
				volts to one individual service: $ 300.00.
ii. All other transverse crossings: $
				500.00.
iii. All longitudinal
				occupations and any other agreement not already identified in this section,
				regardless of voltage: $ 1,500.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 77 - USE OR OCCUPANCY OF NJ TRANSIT-OWNED PROPERTY FOR UTILITY FACILITIES › Subchapter 1 - PERMITS AND CONDITIONS › Section 16:77-1.5 - Permit fees; general conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Use or occupancy permit fees are subject
				to the following conditions:
1. The permit fee
				equals the annual occupancy rate described within this schedule.
2. The minimum annual permit fee under any
				application shall be $ 317.00.
3.
				Should the facility be terminated at any time less than the estimated years of
				occupancy, the permit fees collected are not subject to a refund.
4. NJ TRANSIT reserves the right to consider
				additional fees for crossings in excess of 200 feet. When increased preparation
				costs are incurred, the increases will be passed on to the permittee.
5. Any occupation of NJ TRANSIT property
				other than transverse track crossings will be charged as a longitudinal
				crossing based on the lineal foot of the occupation.
6. Fees are an annual rate applicable up to a
				200-foot width. For all crossings in excess of 200 linear feet, and no more
				than 700 linear feet, the facility will be calculated as a longitudinal
				occupation. With respect to any facility crossing exceeding 700 linear feet, NJ
				TRANSIT reserves the right to negotiate the fee. The formula for a transverse
				occupation over 200 feet is as follows:
First 200 LF: x = base rate.
200 LF to 700 LF: y = longitudinal fee divided by
				  four.
Add all components (x + y) to establish the annual
				  fee.
Over 700 LF: NJ TRANSIT reserves the right to negotiate
				  fee(s).
7. All fees for
				occupancies encased as a group or otherwise bundled or joined together will be
				calculated as if they were individual occupations.
8. Should the facility be modified during the
				term of the permit, during the processing of a new permit, or there is a
				supplement to an existing permit, the associated increase in fees will be
				charged. If a new permit is approved, an amount proportionate to the time
				remaining on the superseded permit will be credited toward the new
				fee.
9. In the event the facility
				goes beyond its paid estimated life, a new fee will be assessed in accordance
				with the fee schedule rates in effect at that time.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 77 - USE OR OCCUPANCY OF NJ TRANSIT-OWNED PROPERTY FOR UTILITY FACILITIES › Subchapter 1 - PERMITS AND CONDITIONS › Section 16:77-1.6 - Permit fees; transverse occupation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All fees in this section are applicable
				for rights of-way up to a 200-foot width. For all crossings in excess of 200
				feet, an adjustment in the annual fee will be assessed and calculated in
				accordance with the example contained within this schedule pursuant to
				N.J.A.C.
				16:77-1.5(a)6.
(b) Aerial and underground wire (power and
				communication) crossings not exceeding 200 feet in length will be charged an
				annual occupancy fee as follows:
1. Power:
i. All crossings up to but not exceeding
				6,900 volts: $ 317.00.
ii. Over
				6,900 volts but not exceeding 32,500 volts: $ 583.00.
iii. Over 32,500 volts but not exceeding
				50,000 volts: $ 968.00.
iv. Over
				50,000 volts but not exceeding 345,000 volts: $ 1,293.
v. Over 345,000 volts but not exceeding
				500,000 volts: $ 1,944.
vi. Over
				500,000 volts: $ 2,586.
vii. Ducts
				or pipes carrying conductors: no charge.
viii. Manholes (each): $ 165.00.
(NOTE: Attachments of wires, cables, etc. to bridges,
				  buildings, poles, or structures to NJ TRANSIT-owned property are subject to
				  special consideration in each case. Crossings of right-of-way by pipe type
				  cable consisting of one or more high voltage cables encased in a steel pipe,
				  under inert oil pressure and/or further encased in a larger steel pipe and the
				  space between the pipes filled with compacted or thermal sand will be subject
				  to special consideration and each case will be handled individually.)
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 77 - USE OR OCCUPANCY OF NJ TRANSIT-OWNED PROPERTY FOR UTILITY FACILITIES › Subchapter 1 - PERMITS AND CONDITIONS › Section 16:77-1.7 - Permit fees; longitudinal occupations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recognizing the many variables and
				intangibles involved in each longitudinal occupation of NJ TRANSIT-owned
				property, each application shall be considered on its own merits, with minimum
				permit fee per year of occupancy being applied as set forth in this section. NJ
				TRANSIT reserves the right to negotiate all longitudinal fees.
(b) For occupations less than one mile in
				length, the minimum charge, as set forth at (c) below, shall be a proportionate
				amount of the rates calculated to the nearest dollar but no fee shall be less
				than the charge for one-quarter mile of such occupation.
(c) The following minimum annual charges
				cover longitudinal occupations. Guy wires, messengers, and grounded conductors
				shall be subject to special consideration.
1.
				Aerial wires:
i. Transmission line, highest
				voltage not exceeding 6,900 volts: $ 3,227 per circuit per mile.
ii. Transmission line over 6,900 volts up to,
				but not including, 32,500 volts: $ 5,815 per circuit per mile.
iii. Transmission line 32,500 volts, up to
				and including 50,000 volts: $ 8,082 per circuit mile.
iv. Transmission line 50,000 volts and over.
				The fee will be negotiated.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 77 - USE OR OCCUPANCY OF NJ TRANSIT-OWNED PROPERTY FOR UTILITY FACILITIES › Subchapter 1 - PERMITS AND CONDITIONS › Section 16:77-1.8 - Other provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				those applicants having over 200 occupancy permits with NJ TRANSIT, NJ TRANSIT
				reserves the right to negotiate permanent occupancy permits for any occupancy
				having an annual fee of $ 479.00 or less at the time of application. The
				permittee shall pay to NJ TRANSIT a lump sum, which will be equivalent to 20
				times the annual rate that will satisfy the annual fee for the life of the
				facility occupation so long as it remains unchanged. No refunds will be given
				for any facility that is terminated, cancelled, removed, or abandoned.
				Permittees who qualify for this option, request such option, and are accepted
				by NJ TRANSIT, will receive a single "blanket agreement" with an attachment
				containing a list of the affected occupancies covered under individual permits.
				Acceptance of any request for a blanket agreement and lump sum payment will be
				at the sole discretion of NJ TRANSIT, which shall not be unreasonably
				exercised. The existence of this option shall not obligate NJ TRANSIT to enter
				into a blanket agreement with any permittee.
(b) Any facility that is altered in such a
				manner so as to increase the annual fee beyond the original $ 479.00 limit will
				result in that permit being extracted from the blanket agreement and a new
				annual fee will be calculated, based on the existing fee schedule, and assessed
				annually thereafter. Monetary credit will be allocated to the new facility fee
				based on the unused portion of the initial 20-year period. No credit will be
				given for any facility requiring reassessment which has exceeded the initial 20
				years of occupancy.