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 16:51-1.3 - Definitions
Current through Register Vol. 56, No. 18, September 16, 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 by a petitioner or a respondent in response to either a motion or a complaint petition.
"Autobus" means and includes any motor vehicle or motorbus operated over public highways or in public places in the State for the transportation of passengers for hire in intrastate business, whether used in regular route, casino, charter or special bus operations, notwithstanding that such motor vehicle may be used in interstate commerce, but shall not include a taxicab, limousine or autocab, jitney or special paratransit vehicle.
"Autobus company" or "autobus carrier" means any person or party that possesses a valid Certificate of Public Convenience and Necessity to conduct autobus operations, which Certificate has been issued by the New Jersey Motor Vehicle Commission, or by the New Jersey Department of Transportation, or, if issued prior to January 1, 1979, by the State's Board of Public Utilities, or a valid authority for the conduct of interstate or charter operations, which authority has been issued by the Federal government.
"Autobus utility" or "autobus carrier" means any person or party that possesses a valid Certificate of Public Convenience and Necessity to conduct autobus operations, which Certificate has been issued by the Division or its predecessors, or, if issued prior to January 1, 1979, by the States Board of Public Utilities, or a valid authority for the conduct of interstate or charter operations, which authority has been issued by the Federal government.
"Casino route bus operation" means and includes regular route in the nature of special bus operation, as defined below in this section.
"Certificate" means a Certificate of Public Convenience and Necessity.
"Certificate of Public Convenience and Necessity" means a final administrative order of the Division or its predecessors, which certificate grants authority to a person or other legal entity to operate a specific type (or types) of autobus service(s) within the State of New Jersey.
"Charter" or "charter bus operation" means and includes the operation of an autobus, not on a regular schedule, by the person owning or leasing such bus or buses pursuant to a contract, agreement or arrangement to furnish an autobus or autobuses and a driver or drivers thereof to a person, group of persons or organization (corporate or otherwise) for a trip designated by such person, group of persons or organization for a fixed charge per trip, per autobus, per period of time or per mile, but not per person or per head.
"Chief Administrator" means the Chief Administrator of the Commission.
"Closed door service" means and includes the operation between fixed termini, on a regular schedule, which operation is restricted to a particular group or population and is not offered to members of the public along the route; closed door service is deemed to be regular route service regardless of how the fare is calculated or paid.
"Commission" means the New Jersey Motor Vehicle Commission.
"Complaint petition" means a pleading by which a party seeks to have the Commission invoke its jurisdiction for the purpose of enforcing one or more provisions of the New Jersey Revised Statutes, the New Jersey Administrative Code or any orders or rulings of the Commission or its predecessors against an autobus company.
"Contract service" means and includes the operation of an autobus service under contract with a separate public or private person or entity and which contract includes certain restrictions.
"Director" means the Director of the Division of Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ 08666-0680, or any other person duly authorized by the Chief Administrator to act in such a capacity.
"Division" means the Division of Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ 08666-0680.
"Exception Letter" means the Divisions first correspondence with a petitioner after the Divisions initial review of a filed petition, which letter indicates whether or not the petition is incomplete.
"For hire" means for direct or indirect hire; any service for which the driver of the vehicle is compensated or that is included in the duties of a person who renders services for compensation is deemed to be for hire.
"Intervenor" means a movant whose motion to intervene has been granted by the Division, and who thereby has standing to present testimony to the Office of Administrative Law in contested cases, to file exceptions and replies thereto to initial decisions of the Office of Administrative Law, and otherwise to participate in the matter before the Office of Administrative Law and the Division in all respects, as if named as a party at the inception of the matter.
"Jitney" means a vehicle with a carrying capacity of not more than 13 passengers, if operated under municipal consent wholly within the limits of a single municipality, or of not more than 20 passengers, if operated under municipal authority wholly within not more than four coterminous municipalities within any county of the fifth or sixth class.
"Medical transportation" means the transport of elderly or disabled passengers in vehicles specially equipped for such purpose, but not as part of or pursuant to a county Job Access-Reverse Commute (JARC) plan. Unless conducted along a regular route, medical transportation is deemed to be a special bus operation.
"Motion to Intervene" means the formal pleading filed by a party by which pleading the said party seeks to be granted leave to intervene in a proceeding before the Division.
"Movant" means a person that has filed a motion with the Division.
"Objector" means a person that has filed with the Division a written objection to a petition pending before the Division, but that is not an intervenor.
"Office" means the Office of Regulatory Affairs, Division of Legal, Legislative and Regulatory Affairs, Motor Vehicle Commission, State of New Jersey.
"Omnibus 1 vehicles" are used for the transportation of passengers for hire, except commuter vans, vehicles used in ridesharing arrangements, and school buses, if the same are not otherwise used in the transportation of passengers for hire. Omnibus 1 vehicles will include regular route buses, charter bus operations, and special bus operations.
"Omnibus 2 vehicles" are motor vehicles operated by a company or individual that provides passenger transportation to a target audience or market that is not in competition with a publicly regulated transit route or does not collect fares from the general public.
The Chief Administrator may authorize Omnibus 2 registrations and license plates, and thereafter Omnibus 2 vehicles will display a plate with the letter "O", the numeric character "2" and four alpha or numeric characters (O2 # ###). Omnibus 2 vehicles will also have a separate registration code from Omnibus 1 vehicles. The 10 types of Omnibus 2 vehicles are as follows:
1. Medical livery, which provides transport for ambulatory individual(s), which may include transport to and from a medical day care center, for the purpose of mental health assessment or other non-emergency medical treatment, not including transportation in a mobility assistance vehicle (MAV) or an ambulance;
2. Adult day care transport, which provides transportation to a community-based group program designed to meet the needs of functionally or cognitively impaired adults;
3. Adult community transport, which provides transportation to senior citizens or other special needs individuals from an aged restricted community, municipality, or other jurisdiction to various services, such as medical appointments, stores, and recreational activities;
4. Car rental transport, which provides service to and from a transportation hub, such as a train station, airport, or marine terminal and rental car facility to clients of a specific rental car company;
5. Collegiate transport, which provides shuttle or transportation service to the student body or faculty to move within the college or university community or school-related activities;
6. Hotel complimentary transport, which is a service provided by a business concern to transport clients from one property owned by the business to another property owned by the same business at no additional cost other than the possibility of continued patronage;
7. Farm labor transport, which moves farm workers to and from a muster zone or agriculture center or between agriculture centers;
8. Day labor transport, which carries temporary employees to and from a muster zone and place of employment or work site(s);
9. Recreational transport, which shuttles clients from a recreational provider or outfitter, to and from the customer parking lot and the service area; and
10. Time share transport, which provides services, by a real estate broker or developer, to transport prospective clients to and from assets for sale, lease, or for other financial arrangements.
"Party" means a person that is a participant in an action or proceeding before the Division.
"Person" means an individual, corporation, partnership, association, group of persons or organizations, any body politic, political subdivision or governmental instrumentality, or any other entity legally capable of being or becoming an autobus carrier.
"Petition" means the pleading filed to initiate a proceeding and invoking the jurisdiction of the Division.
"Petitioner" means a person who has filed a petition with the Division or, in the case of a petition for transfer, the person that is the proposed certificate holder.
"Regular route" or "regular route bus operation" means and includes the operation of an autobus between fixed termini, on a regular schedule, and with a provision for convenient one-way fare/transportation in either direction, and shall also include all existing regular route operations to and from any casino licensed under the Casino Control Act, P.L. 1977, c. 110 (5:12-1 et seq.) unless that operation to and from casinos has been determined by the Division to be other than a regular route operation.
"Regular route in the nature of special bus operation" means and includes the operation of an autobus to or from any casino licensed under the Casino Control Act, P.L. 1977, c. 110 (5:12-1 et seq.) unless that operation has been determined by the Division to be a regular route bus operation.
"Reply" means the pleading filed by a party in response to an answer upon the request or order of the Division.
"Respondent" means any party against whom a complaint petition or a motion is directed.
"Restricted regular route service" means regular route service with restrictions as to equipment, hours, routes or passengers, and includes but is not limited to, closed door service and contract service, as defined above in this section.
"Service Area" means that area that is described by and included within a one and one-quarter mile radius from any pickup or drop off point on the regular route that is the subject of the petition or action before the Division.
"Special" or "special bus operation" means and includes the operation by the owner or lessee of an autobus or autobuses for the purpose of carrying passengers for hire not on a regular schedule, each passenger paying or being charged a fixed charge for his or her carriage, on a special trip arranged or designed by such owner or lessee, whether or not on the order of the passenger or passengers, which fixed charge may or may not include special premiums; door-to-door service that does not constitute a charter and is not conducted on a regular schedule is deemed to be a special operation.
"Special premiums" means and includes the provision of meals, gifts, lodging, entertainment, sightseeing services or similar inducements in connection with the purchase of a ticket; no casino bonuses shall be included in this definition.
"VIN" means and includes the vehicle identification number assigned to a vehicle.
