N.J. Admin. Code § 16:51-3.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:51-3.3 - Petition for the approval of modification of a certificate of public convenience and necessity

(a) Petitions for the approval of the modification or removal of operating restrictions contained in a Certificate, and petitions whose purpose is to extend or enlarge upon operating authority granted by the Division, shall conform to the provisions of N.J.A.C. 16:51-2, Pleadings, to the extent applicable, and shall in the body thereof, or attached thereto, also provide the information required by this section.

(b) In addition to the information required pursuant to 16:51-3.1(a)1 through 8, the following information shall be included in such petitions:

1. A specific reference to petitioner's pertinent existing authority;

2. If the purpose of the petition is a modification or removal of restrictions, a statement showing existing restrictions;

3. If the purpose of the petition is a modification of a route or of pickup and drop-off locations, a street-by-street description and map of the current route and of the proposed modified route (if regular route), along with a current list of pickup and drop-off locations;

4. A statement that describes the proposed restriction removal or other change in existing operating authority, and gives the reason(s) for any of the changes proposed; and

5. In the case of proposed modification of regular route authority, a copy of the currently effective schedule of operations and the schedule of operations to be put into effect if the modification is approved.

(c) The Division may impose restrictions as public convenience and necessity requires.

(d) The Division may, in its discretion, approve without the necessity of a filed petition a minor modification of a route, if the modification is necessitated by a change in route or pickup or drop-off location of less than 1,000 feet, which change is required by a municipality, or other circumstances beyond the control of the operator, and the change will not adversely affect any other autobus utility.

1. For approval of a minor modification without filing a petition, the autobus utility seeking the modification shall request the same by letter to the Division, in which letter the minor modification is set forth.

2. In the event that the Division does not deem the change to be a minor modification, the Division will advise the autobus utility to file a petition for modification.

N.J. Admin. Code § 16:51-3.3

Amended by 46 N.J.R. 872(a), effective 5/19/2014.