N.J. Admin. Code § 16:85-2.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 16:85-2.3 - Non-financial considerations

(a) NJ transit's decision to contract out regular route bus service is not based solely on the financial factors described in N.J.A.C. 16:85-2.2. In determining whether to contract out regular route bus services, NJ TRANSIT shall also consider the following non-financial factors:

1. The impact that the contracting out of these services will have on the provision of regular route bus services in the most effective, efficient, coordinated, safe, and responsive manner;

2. The need to encourage, to the maximum extent feasible, the participation of private enterprise in the provision of regular route bus services;

3. Whether a carrier, or its affiliates, are current in its, or their, accounts, with NJ TRANSIT or any other agency of the State of New Jersey;

4. The adequacy of performance by a carrier or its affiliates under other contracts or leases with NJ TRANSIT;

5. The carrier's compliance with applicable United States Department of Transportation Federal

Motor Carrier Safety Administration (FMCSA) and New Jersey Motor Vehicle Commission (NJMVC) rules and regulations, the safety performance and rating of the carrier, and the record of the carrier's vehicle inspections performed by FMCSA, NJMVC, or the regulatory agencies of other states;

6. Whether a carrier has the ability to maintain and operate the equipment associated with the service; and

7. Any other factor that NJ TRANSIT deems relevant to a particular proposal and deems to be in the public interest.

N.J. Admin. Code § 16:85-2.3

Adopted by 54 N.J.R. 93(a), effective 1/3/2022