Current through Register Vol. 56, No. 24, December 18, 2024
Governor Philip D. Murphy
Executive Order No. 165 (2020)
An Order Lifting the 50 Percent Capacity Limits on NJ
TRANSIT and Private-Carrier Vehicles
Issued: July 13, 2020.
Effective: July 15, 2020.
WHEREAS, in light of the dangers posed by Coronavirus disease
2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts
and circumstances of which are adopted by reference herein, which declared both
a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151 and 162,
issued on April 7, 2020, May 6, 2020, June 4, 2020, and July 2, 2020,
respectively, the facts and circumstances of which are adopted by reference
herein, I declared that the COVID-19 Public Health Emergency continued to exist
and declared that all Executive Orders and Administrative Orders adopted in
whole or in part in response to the COVID-19 Public Health Emergency remained
in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I
reserved the right to utilize and employ all available resources of State
government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 continued to spread across New Jersey and
an increasing number of individuals required medical care or hospitalization, I
issued a series of Executive Orders pursuant to my authority under the New
Jersey Civilian Defense and Disaster Control Act and the Emergency Health
Powers Act, to protect the public health, safety, and welfare against the
emergency created by COVID-19, including Executive Order Nos. 104-133, Nos.
135-138, and Nos. 140-164 (2020), the facts and circumstances of which are all
adopted by reference herein; and
WHEREAS, among these actions, and in recognition that the
Centers for Disease Control and Prevention has advised that social mitigation
strategies for combatting COVID-19 require every effort to reduce the rate of
community spread of the disease and that COVID-19 spreads most frequently
through person-to-person contact when individuals are within six feet or less
of one another, I issued Executive Order No. 107 (2020) to order steps to
mitigate community spread of COVID-19; and
WHEREAS, in response to the current emergency, I issued
Executive Order No. 125 on April 11, 2020 that addressed a variety of
requirements that the following entities had to implement in order to protect
the workers and customers using public transit during the COVID-19 State of
Emergency: NJ TRANSIT (defined collectively as New Jersey Transit Corporation,
NJ TRANSIT Rail Operations, Inc., NJ TRANSIT Bus Operations, Inc., NJ TRANSIT
Mercer, Inc., and NJ TRANSIT Morris, Inc.), the private carriers that NJ
TRANSIT has entered into contracts with for the provision of bus and light rail
service (hereinafter referred to collectively as "Private Carriers"), the
private carriers that NJ TRANSIT has not entered into contracts with and that
run their own individual lines of intrastate service in New Jersey as well as
interstate service to New York and Pennsylvania (hereinafter referred to
collectively as "Unaffiliated Private Carriers"), and the private carriers that
NJ TRANSIT has entered into contracts with for the provision of Access Link
paratransit services (hereinafter referred to as "Paratransit Private
Carriers"); and
WHEREAS, within the State of New Jersey there are numerous
entities that provide transportation services, directly or through a third
party, to workers or employees to get to, return from, or move within or among
work sites that are not otherwise available to the general public (hereinafter
referred to as "Employer Provided Transportation Services"); and
WHEREAS, given the decrease in the rate of reported new cases
of COVID-19 in New Jersey, including a reduction in the total number of
individuals being admitted to hospitals for COVID-19, and in the rate of
reproduction for COVID-19 infections in New Jersey, the State can take steps
and has taken steps to lift certain restrictions that were designed to limit
person-to-person contact; and
WHEREAS, even as the rate of reported new cases of COVID-19
decreases, the ongoing risks presented by COVID-19 mean that many of the
State's current measures must remain in place, both to reduce additional new
infections and to save lives; and WHEREAS, after consultation with officials
from the Department of Health ("DOH"), I announced a multi-stage New Jersey's
Road Back Plan for the methodical and strategic reopening of businesses and
activities based on scientific data and metrics concerning the level of disease
transmission risk and essential classification; and
WHEREAS, the State is in the second phase of the reopening
process and has begun to relax restrictions on activities where appropriately
safeguarded; and
WHEREAS, NJ TRANSIT has instituted enhanced cleaning efforts
for vehicles across all its modes of transportation, including disinfecting
vehicles every 24 hours, hard surface cleaning and disinfecting including
handholds, arm rests, seating areas, and restrooms; and
WHEREAS, NJ TRANSIT has instituted enhanced cleaning regimens
in stations including additional disinfecting of frequent customer touchpoints
like ticket vending machines, handrails, and door handles; and
WHEREAS, as an added precautionary measure to protect bus
operators and customers, NJ TRANSIT and Private Carriers previously implemented
rear-door boarding on all bus routes where rear-boarding is available, and
seats near the bus operator have also been taken out of service to allow for
proper social distancing for the operator; and
WHEREAS, NJ TRANSIT bus operations is actively investigating
and implementing the installation of physical barriers between operators and
passengers to ensure adequate protections for its bus operators; and
WHEREAS, in accordance with the stay at home provisions of
Paragraph 2 of Executive Order No. 107 (2020), which has since been rescinded
by Paragraph 11 of Executive Order No. 153 (2020), NJ TRANSIT had issued
customer advisories noting initially that travel across all of its modes of
transportation should be limited to essential personnel who did not have any
other feasible means of transportation; and
WHEREAS, following the announcement of New Jersey's Road Back
Plan, NJ TRANSIT issued guidelines on June 16, 2020 entitled "Ride to
Recovery", which indicated that travel on the NJ TRANSIT system is encouraged
only for those who cannot work from home; and
WHEREAS, NJ TRANSIT, Private Carriers, and Unaffiliated Private
Carriers have adjusted the weekday rail, bus, and light rail service to full
weekday regular service schedules to accommodate increasing volume of travel
with NJ TRANSIT bus service resuming full weekday schedule on June 8, 2020, NJ
TRANSIT rail and light rail service resuming full weekday schedule on July 6,
2020, and Private Carrier and Unaffiliated Private Carriers gradually resuming
pre-COVID service schedules based on customer demand; and
WHEREAS, in the three months since Executive Order No. 125
(2020) was signed, the number of new cases has continued to decrease, and there
has been a continued decline in COVID-19 related hospitalizations, ICU
admissions, and ventilator usage; and
WHEREAS, in light of this continued progress and the continued
reopening of New Jersey in accordance with the Road Back Plan, it is
appropriate to revise certain provisions of Executive Order No. 125 (2020)
applying to NJ TRANSIT, Private Carriers, Unaffiliated Private Carriers, and
Paratransit Private Carriers, and to also include provisions applying to
Employer Provided Transportation Services, and to continue to do so in a
gradual way, so that the State can continue to assess the progress of new
COVID-19 cases and hospitalizations, and to monitor the rate of reproduction
and the percentage of COVID-19 tests that yield positive results, relative to
the new limits, and thereby avoid the spread of COVID-19 being identified in
other parts of the country; and
WHEREAS, it is also appropriate to continue to impose specific
mitigation requirements on NJ TRANSIT, Private Carriers, Unaffiliated Private
Carriers, Paratransit Private Carriers, and Employer Provided Transportation
Services to continue to protect workers and members of the public who cannot
work from home and thus must be able to report to work, while also preventing
increased spread of COVID-19; and
WHEREAS, even as the State began to permit businesses to reopen
indoor premises to the public, the State required all individuals to wear face
coverings inside those premises, because face coverings have been demonstrated
to significantly reduce the risk of COVID-19 transmission from person-to-person
contact, and therefore are particularly necessary in high-risk indoor
environments; and
WHEREAS, face coverings have been consistently required in
indoor areas of retail businesses, recreational and entertainment businesses,
personal care service facilities, and mass transit, among other contexts,
reflecting the State's judgment that face coverings are needed to prevent the
spread of COVID-19 in indoor areas; and
WHEREAS, the Constitution and statutes of the State of New
Jersey, particularly the provisions of
N.J.S.A. 26:13-1 et seq., N.J.S.A. App. A: 9-33 et
seq.,
N.J.S.A. 38A:3-6.1, and
N.J.S.A. 38A:2-4 and all amendments and supplements
thereto, confer upon the Governor of the State of New Jersey certain emergency
powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of
New Jersey, by virtue of the authority vested in me by the Constitution and by
the Statutes of this State, do hereby ORDER and DIRECT:
1. NJ TRANSIT may open their trains, buses,
and light rail vehicles to the stated maximum seated capacity, in accordance
with any guidelines instituted by NJ TRANSIT operational divisions, provided
that NJ TRANSIT adopts policies that include, at minimum, the following
requirements:
a. NJ TRANSIT shall continue to
require infection control practices, such as coughing and sneezing etiquette,
and proper tissue usage and disposal;
b. NJ TRANSIT shall continue to arrange for
contactless pay options across all modes of transportation wherever feasible.
Such policies shall, wherever possible, consider populations that do not have
access to internet service;
c. To
the extent physical barriers, such as a shield guard, cannot be installed that
protect bus operators from interaction with customers, NJ TRANSIT shall
continue to arrange for back door entry on buses wherever feasible, and take
seats out of service near the bus operator to allow for proper social
distancing from the bus operator wherever feasible;
d. NJ TRANSIT shall continue to require
frequent sanitization of high-touch areas in stations, like restrooms, waiting
areas, credit card machines, and keypads;
e. NJ TRANSIT shall continue to place
conspicuous signage at stations and throughout train cars, buses, and light
rail vehicles, if applicable, alerting workers and customers to the need for
social distancing;
f. NJ TRANSIT
shall continue to require workers and customers to wear cloth face coverings
while on trains, buses, and light rail vehicles except where doing so would
inhibit that individual's health or where the individual is under two years of
age, and require workers to wear gloves when in contact with customers. NJ
TRANSIT must provide, at its expense, such face coverings and gloves for their
workers, to the extent supplies are available. If a customer refuses to wear a
cloth face covering for non-medical reasons, then NJ TRANSIT workers may
decline entry to the individual, in accordance with any guidelines instituted
by NJ TRANSIT operational divisions. Nothing in the stated policy should
prevent workers or customers from wearing a surgical-grade mask or other more
protective face covering if the individual is already in possession of such
equipment, or if NJ TRANSIT is otherwise required to provide such worker with
more protective equipment due to the nature of the work involved. Where an
individual declines to wear a face covering on a train, bus, or light rail
vehicle due to a medical condition that inhibits such usage, neither NJ TRANSIT
nor its workers shall require the individual to produce medical documentation
verifying the stated condition;
g.
In accordance with Paragraph 3 of Executive Order No. 163 (2020), require
workers and customers to wear cloth face coverings while in the indoor portion
of any stations, facilities, or premises owned or operated by NJ TRANSIT,
except where doing so would inhibit that individual's health or where the
individual is under two years of age. If a customer refuses to wear a cloth
face covering for non-medical reasons, then NJ TRANSIT workers may decline
entry to the individual, in accordance with any guidelines instituted by NJ
TRANSIT operational divisions. Nothing in the stated policy should prevent
workers or customers from wearing a surgical-grade mask or other more
protective face covering if the individual is already in possession of such
equipment, or if NJ TRANSIT is otherwise required to provide such worker with
more protective equipment due to the nature of the work involved. Where an
individual declines to wear a face covering in the indoor portion of any
stations, facilities, or premises owned or operated by NJ TRANSIT due to a
medical condition that inhibits such usage, neither NJ TRANSIT nor its workers
shall require the individual to produce medical documentation verifying the
stated condition;
h. NJ Transit
shall prohibit the consumption of food or beverages and smoking in trains,
buses, and light rail vehicles; and
i. In accordance with Paragraph 1 of
Executive Order No. 163 (2020), when it is not practicable for individuals in
the outdoor portion of any stations, facilities, or premises owned or operated
by NJ TRANSIT to socially distance and keep a six-foot distance from others,
excluding immediate family members, caretakers, household members, or romantic
partners, consistent with Paragraph 3 of Executive Order No. 107 (2020), all
individuals shall wear face coverings. This requirement shall not apply when
wearing a face covering would inhibit that individual's health, and in other
situations where the presence of a mask would pose a risk to the individual's
safety, or where the individual is under two years of age.
2. Private Carriers may open their buses and
light rail vehicles to the stated maximum seated capacity in accordance with
the terms of their contracts with NJ TRANSIT and in accordance with any
guidelines instituted by the Private Carriers in consultation with NJ TRANSIT
operational divisions, provided that Private Carriers adopt policies that
include, at minimum, the following requirements:
a. Private Carriers shall continue to require
infection control practices, such as coughing and sneezing etiquette, and
proper tissue usage and [page=1586] disposal;
b. Private Carriers shall continue to arrange
for contactless pay options across all modes of transportation that the Private
Carriers operate wherever feasible. Such policies shall, wherever possible,
consider populations that do not have access to internet service;
c. To the extent physical barriers, such as a
shield guard, cannot be installed to protect bus operators from interaction
with customers, Private Carriers shall continue to arrange for back door entry
on buses wherever feasible, and take seats out of service near the bus operator
wherever feasible to allow for proper social distancing from the bus
operator;
d. Private Carriers shall
continue to place conspicuous signage throughout buses and light rail vehicles,
if applicable, alerting workers and customers to the need for social
distancing;
e. Private Carriers
shall continue to require workers and customers to wear cloth face coverings
while on buses and light rail vehicles except where doing so would inhibit that
individual's health or where the individual is under two years of age, and
require workers to wear gloves when in contact with customers. Private Carriers
must provide, at their own expense, such face coverings and gloves for their
workers, to the extent supplies are available. If a customer refuses to wear a
cloth face covering for non-medical reasons, then Private Carrier workers may
decline entry to the individual, in accordance with any guidelines instituted
by the Private Carriers in consultation with NJ TRANSIT operational divisions.
Nothing in the stated policy should prevent workers or customers from wearing a
surgical-grade mask or other more protective face covering if the individual is
already in possession of such equipment, or if the Private Carriers are
otherwise required to provide such worker with more protective equipment due to
the nature of the work involved. Where an individual declines to wear a face
covering on a bus or light rail vehicle due to a medical condition that
inhibits such usage, neither Private Carriers nor any of their workers shall
require the individual to produce medical documentation verifying the stated
condition;
f. In accordance with
Paragraph 3 of Executive Order No. 163 (2020), require workers and customers to
wear cloth face coverings while in the indoor portion of any stations,
facilities, or premises owned or operated by Private Carriers, except where
doing so would inhibit that individual's health or where the individual is
under two years of age. If a customer refuses to wear a cloth face covering for
non-medical reasons, then Private Carrier workers may decline entry to the
individual, in accordance with any guidelines instituted by Private Carriers in
consultation with NJ TRANSIT operational divisions. Nothing in the stated
policy should prevent workers or customers from wearing a surgical-grade mask
or other more protective face covering if the individual is already in
possession of such equipment, or if Private Carriers are otherwise required to
provide such worker with more protective equipment due to the nature of the
work involved. Where an individual declines to wear a face covering in the
indoor portion of any stations, facilities, or premises owned or operated by
Private Carriers due to a medical condition that inhibits such usage, neither
Private Carriers nor any of their workers shall require the individual to
produce medical documentation verifying the stated condition;
g. Private Carriers shall prohibit
consumption of food or beverages and smoking in buses and light rail vehicles;
and
h. In accordance with Paragraph
1 of Executive Order No. 163 (2020), when it is not practicable for individuals
in the outdoor portion of any stations, facilities, or premises owned or
operated by Private Carriers to socially distance and keep a six-foot distance
from others, excluding immediate family members, caretakers, household members,
or romantic partners, consistent with Paragraph 3 of Executive Order No. 107
(2020), all individuals shall wear face coverings. This requirement shall not
apply when wearing a face covering would inhibit that individual's health, and
in other situations where the presence of a mask would pose a risk to the
individual's safety, or where the individual is under two years of
age.
3. Unaffiliated
Private Carriers may open their buses to the stated maximum seated capacity, in
accordance with any guidelines instituted by the Unaffiliated Private Carriers,
provided that Unaffiliated Private Carriers adopt policies that include, at
minimum, the following requirements:
a.
Unaffiliated Private Carriers shall continue to require infection control
practices, such as regular hand washing, coughing and sneezing etiquette, and
proper tissue usage and disposal;
b. Unaffiliated Private Carriers shall
continue to arrange for contactless pay options across all modes of
transportation that the Unaffiliated Private Carriers operate wherever
feasible. Such policies shall, wherever possible, consider populations that do
not have access to internet service;
c. To the extent physical barriers, such as a
shield guard, cannot be installed protecting bus operators from interaction
with customers, Unaffiliated Private Carriers shall continue to arrange for
back door entry on buses wherever feasible, and take seats out of service near
the bus operator wherever feasible to allow for proper social distancing from
the bus operator;
d. Unaffiliated
Private Carriers shall continue to place conspicuous signage throughout buses,
if applicable, alerting workers and customers to the need for social
distancing;
e. Unaffiliated Private
Carriers shall continue to require workers and customers to wear cloth face
coverings while on buses except where doing so would inhibit that individual's
health or where the individual is under two years of age, and require workers
to wear gloves when in contact with customers. Unaffiliated Private Carriers
must provide, at their own expense, such face coverings and gloves for their
workers, to the extent supplies are available. If a customer refuses to wear a
cloth face covering for non-medical reasons, then Unaffiliated Private Carrier
workers may decline entry to the individual, in accordance with any guidelines
instituted by the Unaffiliated Private Carriers. Nothing in the stated policy
should prevent workers or customers from wearing a surgical-grade mask or other
more protective face covering if the individual is already in possession of
such equipment, or if the Unaffiliated Private Carriers are otherwise required
to provide such worker with more protective equipment due to the nature of the
work involved. Where an individual declines to wear a face covering on a bus
due to a medical condition that inhibits such usage, neither Unaffiliated
Private Carriers nor any of their workers shall require the individual to
produce medical documentation verifying the stated condition;
f. In accordance with Paragraph 3 of
Executive Order No. 163 (2020), require workers and customers to wear cloth
face coverings while in the indoor portion of any stations, facilities, or
premises owned or operated by Unaffiliated Private Carriers, except where doing
so would inhibit that individual's health or where the individual is under two
years of age. If a customer refuses to wear a cloth face covering for
non-medical reasons, then Unaffiliated Private Carrier workers may decline
entry to the individual, in accordance with any guidelines instituted by the
Unaffiliated Private Carriers. Nothing in the stated policy should prevent
workers or customers from wearing a surgical-grade mask or other more
protective face covering if the individual is already in possession of such
equipment, or if Unaffiliated Private Carriers are otherwise required to
provide such worker with more protective equipment due to the nature of the
work involved. Where an individual declines to wear a face covering in the
indoor portion of any stations, facilities, or premises owned or operated by
Unaffiliated Private Carriers due to a medical condition that inhibits such
usage, neither Unaffiliated Private Carriers nor any of their workers shall
require the individual to produce medicandal documentation verifying the stated
condition;
g. Unaffiliated Private
Carriers shall prohibit the consumption of food or beverage and smoking on
buses; and
h. In accordance with
Paragraph 1 of Executive Order No. 163 (2020), when it is not practicable for
individuals in the outdoor portion of any stations, facilities, or premises
owned or operated by Unaffiliated Private Carriers to socially distance and
keep a six-foot distance from others, excluding immediate family members,
caretakers, household members, or romantic partners, consistent with Paragraph
3 of Executive Order No. 107 (2020), all individuals shall wear face coverings.
This requirement shall not apply when wearing a face covering would inhibit
that individual's health, and in other situations where the presence of a mask
would pose a risk to the individual's safety, or where the individual is under
two years of age.
4.
Paratransit Private Carriers may open their Access Link vehicles to the stated
maximum seated capacity in accordance with the terms of their contracts with NJ
TRANSIT, and in accordance with any guidelines [page=1587] instituted by the
Paratransit Private Carriers in consultation with NJ TRANSIT operational
divisions, provided that Paratransit Private Carriers adopt policies that
include, at minimum, the following requirements:
a. Paratransit Private Carriers shall
continue to require infection control practices, such as coughing and sneezing
etiquette, and proper tissue usage and disposal;
b. Paratransit Private Carriers shall
continue to arrange for contactless pay options, including EZ Wallet, across
all modes of transportation that the Paratransit Private Carriers operate
wherever feasible. Such policies shall, wherever possible, consider populations
that do not have access to internet service;
c. Paratransit Private Carriers shall
continue to place conspicuous signage throughout Access Link vehicles, if
applicable, alerting workers and customers to the need for social
distancing;
d. Paratransit Private
Carriers shall continue to require workers and customers to wear cloth face
coverings while on all Access Link vehicles except where doing so would inhibit
that individual's health or where the individual is under two years of age, and
require workers to wear gloves when in contact with customers. Paratransit
Private Carriers must provide, at their own expense, such face coverings and
gloves for their workers, to the extent supplies are available. If a customer
refuses to wear a cloth face covering for non-medical reasons, then Paratransit
Private Carriers may decline entry to the individual, in accordance with any
guidelines instituted by the Paratransit Private Carriers in consultation with
NJ TRANSIT operational divisions. Nothing in the stated policy should prevent
workers or customers from wearing a surgical-grade mask or other more
protective face covering if the individual is already in possession of such
equipment, or if the Paratransit Private Carriers are otherwise required to
provide such worker with more protective equipment due to the nature of the
work involved. Where an individual declines to wear a face covering on an
Access Link vehicle due to a medical condition that inhibits such usage,
neither Paratransit Private Carriers nor any of their workers shall require the
individual to produce medical documentation verifying the stated condition;
and
e. Paratransit Private Carriers
shall prohibit the consumption of food or beverages and smoking on Access Link
vehicles.
5. Employer
Provided Transportation Services may operate their vehicles, up to the stated
seated maximum capacity, provided that these entities adopt policies that
include, at minimum, the following requirements:
a. Require infection control practices, such
as coughing and sneezing etiquette, and proper tissue usage and
disposal;
b. Place conspicuous
signage throughout vehicles, if applicable, alerting workers and customers to
the need for social distancing;
c.
Require workers to wear cloth face coverings while on all vehicles except where
doing so would inhibit that individual's health or where the individual is
under two years of age, and require drivers to wear gloves when in contact with
workers. These employers must provide, at their own expense, such face
coverings and gloves for their drivers and workers, to the extent supplies are
available. If a worker refuses to wear a cloth face covering for non-medical
reasons, then these employers may decline entry to the individual, in
accordance with any guidelines instituted by these employers that provide such
transportation services. Nothing in the stated policy should prevent workers
from wearing a surgical-grade mask or other more protective face covering if
the individual is already in possession of such equipment, or if these
employers are otherwise required to provide such worker with more protective
equipment due to the nature of the work involved. Where an individual declines
to wear a face covering on Employer Provided Transportation Service vehicles
due to a medical condition that inhibits such usage, neither these employers
nor any of their drivers shall require the individual to produce medical
documentation verifying the stated condition; and
d. Employer Provided Transportation Services
shall prohibit the consumption of food or beverages and smoking on their
vehicles.
6. Individuals
who ride public transportation should abide by best social distancing
practices, including making all efforts to stand or sit six feet away from
other riders where practicable and frequently using sanitizing products.
Paragraph 4 of Executive Order No. 107 (2020) is hereby superseded.
7. The State Director of Emergency
Management, who is the Superintendent of State Police, shall have the
discretion to make additions, amendments, clarifications, exceptions, and
exclusions to the terms of this Order.
8. It shall be the duty of every person or
entity in this State or doing business in this State and of the members of the
governing body and every official, employee, or agent of every political
subdivision in this State and of each member of all other governmental bodies,
agencies, and authorities in this State of any nature whatsoever, to cooperate
fully in all matters concerning this Order, and to cooperate fully with
Administrative Orders issued pursuant to this Order.
9. No municipality, county, or any other
agency or political subdivision of this State shall enact or enforce any order,
rule, regulation, ordinance, or resolution which will or might in any way
conflict with any of the provisions of this Order, or with any of the
provisions of any subsequent Administrative Orders adopted pursuant to this
Order, or which will or might in any way interfere with or impede the
achievement of any or all of these Orders.
10. Penalties for violations of this Order
may be imposed under, among other statutes, N.J.S. A. App. A:9-49 and -50.
This Order shall take effect beginning at 8:00 p.m. on
Wednesday, July 15, 2020, and shall remain in effect until revoked or modified
by the Governor, who shall consult with the Commissioner of DOH as
appropriate.
