N.J. Admin. Code § 16:51-3.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 16:51-3.5 - Procedure upon filing of petitions for granting, modification, or transfer of Certificates of Public Convenience and Necessity

(a) Except as provided in (b) and (c) below, upon receipt of a completed petition accompanied by the appropriate fee, the Division will assign and advise the petitioner of the docket number and will provide the petitioner with a service list of entities to be served pursuant to N.J.A.C. 16:51-2.5 with a copy of the entire petition, including the docket number and including all attachments, exhibits, schedules, and amendments, but not including a copy of the check or money order by which fees were remitted to the Division, as follows:

1. If the subject of the petition is unrestricted regular route or regular route in the nature of special authority, the petition shall be served upon the clerks of all municipalities in which pickup and drop-off service is proposed to be conducted and all other carriers operating similar service or seeking to operate similar service in the proposed service area.

2. If the subject of the petition is restricted regular route authority, the petition shall be served upon the clerks of any municipalities in which pickup and drop-off service is proposed to be conducted.

3. If the subject of the petition is special authority, the petition shall be served upon the clerk of the municipality in which the petitioner's terminal is located and upon the clerks of the counties in which the petitioner proposes to conduct pickup and drop-off service.

4. Regardless of the subject of the petition, the petition shall be served upon anyone who requests a copy within 25 days of publication of the notice published in accordance with (e) below.

(b) In the event that the information submitted in the petition is incomplete or unsatisfactory, the Division will issue an exception letter to the petitioner and in lieu of the information set forth in (a) above, processing of the petition will not continue until the information sought in the exception letter is provided.

(c) In the event that the appropriate statutory fees (See N.J.S.A. 48:2-56) do not accompany the petition, no docket number will be issued and processing of the petition will not continue until the correct amount is paid.

(d) In the event that the petition is not completed within 90 days of the date of the exception letter, the petition will be dismissed without prejudice.

(e) Within 30 days of the receipt of the service list as set forth in (a) above, all petitioners shall publish the following public notice once in the newspapers indicated in the service list, as follows:

PLEASE TAKE NOTICE _________________________________

(petitioner's name)

has filed with the Division of Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ 08666-0680

a petition for a Certificate of Public Convenience and Necessity

for ___________________________ autobus operations using

(type of operation)

___________________________________. Pickup and drop-off service

(type of equipment)

will be provided in ________________________________________________________.

(municipalities if regular route/counties if special)

Objections and other comments may be submitted within thirty days to the

Division of Inspection Services Bus Unit, New Jersey Motor Vehicle Commission, 225 East State Street, PO Box 680, Trenton, NJ 08666-0680 and to

this petitioner at __________________________________ under

(petitioner's address)

Docket No. __________________________________________.

(docket number)

(f) Original green certified receipt cards and an affidavit of publication shall be forwarded by the petitioner to the Division upon receipt and shall be deemed proof of service; in the event that a certified mailing is returned undeliverable, the entire sealed envelope with green card shall be forwarded to the Division.

N.J. Admin. Code § 16:51-3.5

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