New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 65 - TRANSPORTATION UTILITIES
Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL
Section 16:65-4.3 - Petitions for approval of the transfer of a certificate of operations
Universal Citation: NJ Admin Code 16:65-4.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Petitions for approval of the transfer of a certificate of operations shall conform to the requirements of N.J.A.C. 16:65-3 to the extent applicable, and shall contain the following:
1. A copy of the certificate
proposed to be transferred;
2. A
complete description of the service to be transferred;
3. Proof of publication of public notice twice,
seven days apart, in a newspaper of general and regular circulation in the proposed
service area which:
i. States that a petition for
the proposed transfer has been filed with the Department;
ii. Briefly describes the purpose of the
petition;
iii. States that objections
and other comments should be addressed to the Department and includes the address of
the Department; and
iv. Lists each
municipality and county in which the proposed transferee seeks to operate under the
proposed transfer of authority;
4. A list of all companies currently operating
regularly scheduled authorized passenger carrier service in the transferee's
proposed service area;
5. Proof of
service of the petition upon the companies identified pursuant to (a)4
above;
6. Proof of service of the
petition upon the clerk of each municipality and county in which the authority is
operative;
7. A copy of the signed
assignments, contracts, leases, or other written agreements by which the proposed
transfer is to be made;
8. An affidavit
by the transferor describing all judgments, tax claims or liens against the
transferor or against property or equipment involved in or associated with the
proposed transfer;
9. A balance sheet,
income statement and pro forma financial statement of the proposed
transferee;
10. A statement of the
proposed transferee's qualifications to operate and maintain safe, adequate and
proper service;
11. A schedule of
equipment to be used by the proposed transferee;
12. The names and addresses of officers, directors
and shareholders or partners or owners of the proposed transferee and the extent of
their interests in the proposed transferee;
13. A statement as to the operating restrictions
in effect at the time the petition is filed;
14. A copy of the certificate of incorporation of
the transferee, as filed with, and stamped by, the New Jersey Department of the
Treasury, if applicable;
15. The
petition filing fee as prescribed at
48:2-56;
16. The current schedule of fares for the subject
service; and
17. In the case of a
proposed transfer of service authority, a copy of:
i. The currently effective schedule of operations;
and
ii. The proposed schedule of
operations of the proposed transferee.
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