N.J. Admin. Code § 16:83-1.2

Current through Register Vol. 56, No. 11, June 3, 2024
Section 16:83-1.2 - Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Assault" means: any attempt to cause or purposely, knowingly, or recklessly, cause bodily injury to an operator of a motorbus, or any employee of rail passenger service while clearly identifiable as being engaged in the performance of their duties, as defined at N.J.S.A. 2C:12-1; and/or when an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard of the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is engaged in the performance of their duties, as defined at 49 U.S.C. § 5302(1).

"Block" means to hinder or interfere with free passage or usage, so as to deny free access, movement, availability, or purpose of any portion of NJ TRANSIT facilities or equipment.

"Bridge banner" means a temporary sign affixed to an approved NJ TRANSIT railroad bridge displaying advertisements for non-commercial community special events.

"Bridge Banner Permit" or "Banner Permit" means the document authorized by a designated NJ TRANSIT official which authorizes the display of a bridge banner.

"Certificate of Registration" means the document authorized by a designated NJ TRANSIT official, which delineates the restrictions as to specific times, specific locations, and certain conditions pursuant to which a person may carry on non-commercial, public expression at a specified NJ TRANSIT facility.

"Certificate of Registration holder" means a person who holds a valid daily Certificate of Registration.

"Deadly weapon" means the same as that term is defined at N.J.S.A. 2C:11-1.

"Disrupt" means to act to hinder, interfere, upset, impede, or otherwise oppose the orderly accomplishment or pursuit of a task, duty, or objective, or to interrupt the proper and normal course of any independent lawful activity.

"Equipment" means any NJ TRANSIT locomotive, engine, passenger car, coach, trolley, street railway car, light rail vehicle, bus, motorcoach, van, ferry, piece of equipment, or emergency device, or passenger conveyance. Additionally, "equipment" as used in this chapter, unless a different meaning is clearly applicable, means and includes any NJ TRANSIT "Motor Vehicle" as defined at Title 39, Motor Vehicle and Traffic Laws of New Jersey.

"Expressive area" means designated portions of specific NJ TRANSIT facilities where a Certificate of Registration holder may locate and may exercise non-commercial public expression.

"Facilities" means all stations and terminals owned or operated by NJ TRANSIT pursuant to contract, lease, or other agreements or arrangements, including joint service arrangements. NJ TRANSIT facilities are open to the public only at NJ TRANSIT's discretion and NJ TRANSIT retains all rights of ownership in its facilities. Further, the term "facilities" shall mean rights-of-way and related trackage and sidings, rails, catenary systems, depots, yards, tunnels, bridges, structures, storage areas, parking areas, offices, buildings, signal and communications systems and networks, dispensing machines, signal power, power plants, emergency exits, stairways, ventilation systems, signage, lighting, repair and maintenance shops, and other property, and all things used, owned, leased, held, or occupied by NJ TRANSIT for, or incidental to the operation, rehabilitation, or improvement of rail, light rail, and/or bus operations in the State of New Jersey and other jurisdictions where NJ TRANSIT operates to and from.

"Harassing behavior" means any of the behaviors defined as harassment at N.J.S.A. 2C:33-4.

"Lewd behavior" means any of the behaviors defined as lewdness at N.J.S.A. 2C:14-4.

"Non-commercial community special event" means any non-commercial event open to the public, conducted and/or sponsored by a governmental, educational, charitable, religious, or any other non-profit organization. This definition is not intended to apply, and does not apply to, activities that are conducted on a continual, ongoing basis. Non-commercial community special events are those activities conducted on a one-time, annual, monthly, or seasonal basis on specific calendar dates.

"Non-commercial expression" means the public exercise of free speech rights in or on NJ TRANSIT facilities or equipment, which concern political, social, religious, or other issues to the extent that such free speech expression is protected by the United States or State Constitutions, as applicable. Non-commercial public expression includes, but is not limited to, leafleting, public speaking, solicitation of signatures and comments, and solicitation of contributions, but not sales transactions, for religious, political, or charitable causes. This definition is not intended to apply, and does not apply to, talking, reading, wearing political buttons, or other forms of private individualized expressions, which are permitted throughout the public areas of facilities and equipment. Any advertisement, activity, or solicitation that materially proposes a commercial transaction is expressly excluded.

"Obstruct" means to walk, run, stand, sit, lie, drive, or place an object in such a manner as to block and/or hinder passage by another person or by a vehicle or to require another person or vehicle to take evasive action to avoid physical contact.

"Official" means any person or persons designated by NJ TRANSIT to have supervisory and/or operational authority and responsibility for NJ TRANSIT facilities and/or equipment, or any portion thereof.

"Operational employees" mean persons who are employees of NJ TRANSIT, who are protected by the enhanced penalties provided by the Motorbus and Passenger Rail Service Employee Violence Prevention Act (VPA), as codified at P.L. 2021 c. 352 (N.J.S.A. 2C:12-1 b(5)(g)), including, but not limited to, any operator of a motorbus, light rail vehicle operators, railroad engineers, and conductors, while clearly identifiable as being engaged in the performance of their official duties, or because of their status as an employee.

"Person" means any natural person, individual or group of individuals, corporation, society, organization, company, association, partnership, firm, or other entity.

"Personal notice" means an oral or written communication directed to an individual or a group of individuals from an NJ TRANSIT official.

"Police officer" means any member of the NJ TRANSIT Police Department, or any other law enforcement officer who has jurisdiction in, on, or adjacent to the NJ TRANSIT equipment or facility.

"Possess" means to have or to exercise control or command over any item, device, tool, product, or matter.

"Public area" means such portions of NJ TRANSIT facilities and equipment, which are routinely and normally accessible to members of the public and are adapted to provide for the convenience of persons utilizing the services of NJ TRANSIT.

"Purposely" means intentionally, deliberately, or with the objective, design, or plan to participate in such conduct, which is known or expected to or is likely to cause a certain or specific result.

"Restrict" means to confine or set limits or to hold within bounds and limitations. Additionally, the term "restrict" shall include the exclusion of designated persons or groups.

"Restricted area" means such portions or portion of NJ TRANSIT facilities and equipment, which are separately secured, locked, fenced, posted, or otherwise adapted so as to put persons on notice that unauthorized entry is not permitted. Additionally, "restricted area" shall include portions of NJ TRANSIT facilities which are the subject of notification by personal communication, public announcement, or appropriate signs that such areas are temporarily not to be entered and/or remained upon.

"Rider" means any person riding, boarding, or alighting an NJ TRANSIT vehicle used in revenue service, or any person present in any and all NJ TRANSIT stations, facilities, or equipment.

"Ridership Appeal Board" means the entity constituted by NJ TRANSIT to review a rider's appealed suspension or revocation of riding privileges.

"Serious bodily injury" means bodily injury that creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss, or impairment of the function of any bodily member or organ.

N.J. Admin. Code § 16:83-1.2

Amended by 48 N.J.R. 2386(a), effective 11/7/2016
Amended by 55 N.J.R. 1960(a), effective 9/5/2023
Amended by 56 N.J.R. 607(a) effective 4/15/2024