New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 89 - FERRY CAPITAL IMPROVEMENT PROGRAM
Subchapter 1 - GENERAL PROVISIONS
Section 16:89-1.2 - Definitions

The following words and terms, as used in this chapter, shall have the following meanings:

"Affiliate" means any individual, company, proprietorship, corporation, agency, trust, or partnership where, by reason of the relationship of such entity with the operator (whether by reason of the method of, or circumstances surrounding, organization or operation, or whether established through common directors, officers, stockholders, a voting trust or trusts, a holding or investment company or companies, family relationships, or any other direct or indirect means), there is a reason to believe that the affairs of the operator may be managed in the interest of such individual, company, proprietorship, corporation, agency, trust, or partnership.

"Capital improvements" shall mean, in connection with ferry passenger service, ferries and their constituent mechanical systems (including, without limitation, engines, propulsion systems, structures, HVAC systems, and seat/cover replacements) and necessary land-side improvements (including, without limitation, ferry terminals, approach roadways, pedestrian accommodations, parking, docks, ramps). In addition, capital improvements include: electronic farebox or other revenue collection equipment, radios and related equipment, revenue equipment (including, without limitation, buses providing connections to ferry passenger service), and non-revenue equipment, (including, without limitation, maintenance facilities and equipment).

"Capital maintenance" shall mean in relation to public transportation projects, the direct cost of any work necessary for preserving or maintaining the useful life of public transportation projects, provided the work is associated with the acquisition, installation, and/or rehabilitation of components, which are not included in the normal operating maintenance of equipment and facilities or replaced on a scheduled basis. The work shall ensure the useful life of the project for not less than five years.

"Charter service" shall mean transportation provided at a request of a third party for exclusive use for a negotiated price. Service is not part of the regularly scheduled service and the third party determines the origin and destination of the trip as well as scheduling.

"Executive Director" means the Executive Director of NJ TRANSIT.

"FCIP" shall mean the Ferry Capital Improvement Program.

"Ferry passenger service" shall mean any regular service which involves the carriage of persons for compensation or hire by waterborne craft in this State or between points in this State and points in other states. Ferry passenger service that, due to geographic locations or routing, operate in a state other than New Jersey in providing services to passengers that have origins or destinations in New Jersey, are included within this definition, provided that the primary reason for operating outside of New Jersey is to transport New Jersey citizens to and from their New Jersey origins and destinations, and to transport others to and from New Jersey where such transportation services aid in the growth and development of the economy of the State of New Jersey. Charter service is not included in this definition.

"FGDRM" means Fixed Guideway Directional Route Miles as defined by FTA under 49 U.S.C. § 5337, that is, the mileage in each direction over which public transportation vehicles travel while in revenue service over a fixed guideway (exclusive or controlled access right-of-way).

"FTA" means the Federal Transit Administration.

"NTD" means the National Transit Database of the Federal Transit Administration.

"NTD funding" means the Federally generated funds under FTA § 5307 Urbanized Area Formula Program and § 5337 State of Good Repair Grants Program or successor programs.

"Operator" means any person, firm, corporation of any type, or other entity operating ferry passenger service.

"President and CEO" means the President and Chief Executive Officer of NJ TRANSIT.

"RVM" means Revenue Vehicle Miles as defined by the FTA under 49 U.S.C. § 5307, that is, the miles that vehicles travel while in revenue service. Vehicle revenue miles exclude deadhead, training operators prior to revenue service, vehicle maintenance test, and school charter services.