New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 2 - DEFINITIONS › Section 16:65-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Answer" means the pleading filed in response to a motion or
				  a complaint petition.
"Certificate of operation" or "certificate" means a final
				  administrative order of the New Jersey Department of Transportation granting
				  authority to a person to operate a transportation utility passenger service
				  within the State of New Jersey.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such person as the Commissioner may designate,
				  when legally permissible.
"Complaint petition" means a petition or a letter, by which a
				  party seeks to have the Department invoke its jurisdiction for the purpose of
				  enforcing the New Jersey Revised Statutes, the New Jersey Administrative Code
				  or Departmental directives and orders against a transportation utility.
"Department" means the New Jersey Department of
				  Transportation.
"Director" means the Director of the Division of Multimodal
				  Services, or any other person duly authorized by the Commissioner to act in
				  such a capacity.
"Division" means the Division of Multimodal Services in the
				  New Jersey Department of Transportation.
"Intervenor" means a movant whose motion to intervene has
				  been granted by the Department, and who thereby has standing to, among other
				  things: present testimony to the Office of Administrative Law in contested
				  cases; cross-examine witnesses in such cases; and to file exceptions, and
				  replies thereto, to initial decisions of the Office of Administrative
				  Law.
"Motion to Intervene" means the pleading filed by a party
				  requesting leave to intervene in a proceeding before the Department.
"Movant" means a person that has filed a motion with the
				  Department.
"Person" means an individual, corporation, partnership,
				  association, group of persons or organizations, or any body politic, political
				  subdivision or governmental instrumentality.
"Personal property" means, but is not limited to, rolling
				  stock, cars, locomotives and other tangible personal property of a railroad
				  company, and also the locomotives and cars not belonging to such railroad
				  company, but built for its use and actually used in this State, or run under
				  its control in this State. The rolling stock of other persons or corporations
				  temporarily used on any such railroad, but not forming part of the equipment of
				  such railroad, shall not be included in the term.
"Petition" means the pleading filed to initiate a proceeding
				  invoking the jurisdiction of the Department.
"Petitioner" means a person who has filed a petition with the
				  Department or, in the case of a petition for transfer, the person who is the
				  proposed certificate holder.
"Proposed service area" means, in the case of a petition
				  concerning regular route service, the proposed or the approved route plus that
				  area within one and one-quarter miles of any passenger pickup or drop off point
				  on the petitioner's proposed or approved route.
"Reply" means the pleading filed by the intervenor in
				  response to an answer.
"Respondent" means any party against whom a complaint
				  petition is directed.
"Service area" means, in the case of a petition for
				  discontinuance of passenger service, that area which constitutes a one and
				  one-quarter mile radius from any passenger pickup or drop off point on the
				  regular route that the petitioner is currently authorized by the Department to
				  serve, and in which the petitioner seeks to discontinue service.
"Transportation utility" or "utility" means all utilities
				  defined as public utilities in Title 48 of the New Jersey Revised Statutes as
				  under the jurisdiction of the Department and includes intrastate railroad
				  passenger service, street railways, traction railways, and subways, and
				  excludes interstate passenger and all freight railroads, except as otherwise
				  provided in
				  16:65-3.5.