New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 65 - TRANSPORTATION UTILITIES
Subchapter 5 - MOTIONS: INTERVENTION
Section 16:65-5.5 - Disposition of motions to intervene in proceedings involving regular service operations petitions
Universal Citation: NJ Admin Code 16:65-5.5
Current through Register Vol. 56, No. 18, September 16, 2024
(a) With respect to petitions for regular service operations (original authority or modification requests), in order for a movant to demonstrate that it has an interest in the subject matter that will be substantially and specifically affected by the proceeding, its motion must clearly show through the introduction of documentation, evidence delineating material facts, that:
1. The
movant operates an authorized regular route service in the proposed service area,
and that the granting of the relief sought may jeopardize the profitability of the
regular route service;
2. There is
insufficient public need for the proposed regular route service;
3. The petitioner has failed to make a request
from which the Department can grant relief;
4. The petition lacks veracity; or
5. The petitioner is unfit to conduct the proposed
regular route service.
i. For purposes of (a)5
above, items relating to fitness shall include, but are not limited to:
(1) The availability of the requisite equipment or
personnel to provide the proposed service;
(2) Whether petitioner has a history of illegal
operations such that to grant the relief requested by petitioner might disserve the
public interest;
(3) Whether petitioner
has been convicted of an offense listed in
5:12-86(c);
and
(4) Whether the petitioner has acted
in such a way that to grant the petitioner's request would be harmful to the public
interest.
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