N.J. Admin. Code § 16:65-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:65-4.1 - Petitions for granting a certificate of operation

(a) Petitions for the granting of a certificate shall conform to N.J.A.C. 16:65-3 and shall:

1. Clearly and concisely state the facts and relief sought;

2. Cite the statutory provision or other authority under which the Department's action is sought;

3. Contain information or statements as are required by statute, this chapter, orders adopted by the Department or as may be required by the Department; and

4. Contain other information required by this section.

(b) Complaint petitions shall conclude with a request that the respondent satisfy the request of the petition or file and serve an answer within 20 days of the date of service of the petition upon the respondent in accordance with this chapter. Petitions shall include the address of the respondents.

(c) Petitions requesting the granting of a certificate of operation shall include:

1. Proof of publication of public notice, twice, seven days apart, in a newspaper of general and regular circulation in the proposed service area which:

i. Briefly describes the purpose of the petition and the type of equipment to be used in the proposed service area;

ii. States that a petition for approval to operate in the proposed service has been filed with the Department;

iii. States that objections and other comments should be addressed to the Department;

iv. Furnishes the address of the Department; and

v. Lists each municipality and county in which the petitioner seeks to provide service;

2. A schedule of equipment, including, but not limited to, type and passenger capacity to be used in the service. In the case of a petition for sale or lease of property, include a schedule of the equipment to be sold or leased and the identification of the owner or lessor;

3. A statement as to petitioner's qualifications to operate and maintain the proposed service;

4. A copy of petitioner's pro forma balance sheet and income statement for the first two years of petitioner's proposed service;

5. A copy of the petitioner's current balance sheet and income statement, or, in the case of a petition for sale or lease of property, the transferee's current balance sheet and income statement;

6. If a petitioner does not hold a certificate of operation, include a copy of petitioner's certificate of incorporation filed with, and stamped by, the New Jersey Department of the Treasury, if applicable, or if the petitioner is a foreign corporation, include the petitioner's service of process agent and a Certificate of Good Standing issued by the New Jersey Department of the Treasury bearing the Treasury Department's registration stamp;

7. The total number of shares of the petitioner's capital stock issued and outstanding, if applicable;

8. The names and addresses of officers, directors and shareholders that have five percent or more voting control, the partners or owners of the petitioner and the extent of their interests in the petitioner;

9. A petition filing fee as prescribed at 48:2-56;

10. A tariff filing fee as prescribed at 48:2-56;

11. A proposed operating restrictions;

12. A proposed tariff;

13. The street address and telephone number of the petitioner's principal place of business; and

14. A copy of the petition and any amendments to the petition.

(d) Petitions for either the granting of a certificate to conduct regular route operations or the approval of extensions to existing regular route operations shall include the following information:

1. The names of:

i. All regularly scheduled passenger carrier service operating in the proposed service area; and

ii. Other petitioners seeking to conduct regular operations in the proposed service area;

2. Proof of service of the petition upon those persons noted in (d)1 above, and all petition attachments, including the proposed route description and a list of stops.

3. Proof of service of the petition and all petition attachments, including proposed route description and list of stops upon the clerks of all municipalities and counties in which the petitioner proposes to establish service;

4. A clear and concise statement as to how the proposed service will serve public convenience and necessity in each municipality in which the petitioner proposes to establish service;

5. An accurate and complete description of the route for which authority is sought;

6. A list of all proposed passenger pickup and drop off locations together with proof of the owner's or authorized lessee's written approval to access private property;

7. A copy of the proposed schedule of operations;

8. The proposed fare schedule; and

9. A map of the proposed route, as well as the routes operated by any other regularly scheduled passenger carrier service operating partially or wholly within the proposed service area.

(e) Upon written request of any of the following parties, a petitioner for special operations shall serve the party or parties with a copy of the petition:

1. Other persons who have petitions pending before the Department for authority to provide special service in the proposed service area; and

2. Any county or municipality located in the proposed service area.

N.J. Admin. Code § 16:65-4.1

Amended and recodified from 16:65-3.1 by 47 N.J.R. 1997(a), effective 8/3/2015