N.J. Admin. Code § 16:65-4.3

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

Section 16:65-4.3 - Petitions for approval of the transfer of a certificate of operations

(a) Petitions for approval of the transfer of a certificate of operations shall conform to the requirements of N.J.A.C. 16:65-3 to the extent applicable, and shall contain the following:

1. A copy of the certificate proposed to be transferred;

2. A complete description of the service to be transferred;

3. 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. States that a petition for the proposed transfer has been filed with the Department;

ii. Briefly describes the purpose of the petition;

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

iv. Lists each municipality and county in which the proposed transferee seeks to operate under the proposed transfer of authority;

4. A list of all companies currently operating regularly scheduled authorized passenger carrier service in the transferee's proposed service area;

5. Proof of service of the petition upon the companies identified pursuant to (a)4 above;

6. Proof of service of the petition upon the clerk of each municipality and county in which the authority is operative;

7. A copy of the signed assignments, contracts, leases, or other written agreements by which the proposed transfer is to be made;

8. An affidavit by the transferor describing all judgments, tax claims or liens against the transferor or against property or equipment involved in or associated with the proposed transfer;

9. A balance sheet, income statement and pro forma financial statement of the proposed transferee;

10. A statement of the proposed transferee's qualifications to operate and maintain safe, adequate and proper service;

11. A schedule of equipment to be used by the proposed transferee;

12. The names and addresses of officers, directors and shareholders or partners or owners of the proposed transferee and the extent of their interests in the proposed transferee;

13. A statement as to the operating restrictions in effect at the time the petition is filed;

14. A copy of the certificate of incorporation of the transferee, as filed with, and stamped by, the New Jersey Department of the Treasury, if applicable;

15. The petition filing fee as prescribed at 48:2-56;

16. The current schedule of fares for the subject service; and

17. In the case of a proposed transfer of service authority, a copy of:

i. The currently effective schedule of operations; and

ii. The proposed schedule of operations of the proposed transferee.

N.J. Admin. Code § 16:65-4.3

Amended and recodified from 16:65-3.3 by 47 N.J.R. 1997(a), effective 8/3/2015