N.J. Admin. Code § 16:76-2.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:76-2.1 - Eligibility

(a) To be eligible to receive assistance pursuant to the PCCIP, a private carrier must have been:

1. Authorized by NJ TRANSIT to participate in NJ TRANSIT's Bus Allocation Program; and

2. Authorized to provide regular route peak bus service by the New Jersey Motor Vehicle Commission, the United States Department of Transportation, a municipality, or any other duly authorized regulatory body.

(b) Eligibility in the PCCIP is contingent upon the inclusion by NJ TRANSIT and acceptance by the FTA of a carrier's annual revenue mileage pursuant to the carrier's proper submission of a National Transit Database Report (see 49 U.S.C. § 5335(a)). NJ TRANSIT will not withhold private carrier annual revenue mileage data from the FTA; however, the private carrier is solely responsible for providing accurate data to NJ TRANSIT in a format acceptable to the FTA.

(c) A carrier, or any of its affiliates, shall provide a certification that it is current in any and all accounts it has with NJ TRANSIT, as well as with the State of New Jersey and all of its agencies. The private carrier will not be able to receive any capital improvements through the PCCIP until such time as any outstanding sums are paid.

(d) The determination of a carrier's eligibility to receive funds for capital improvements pursuant to the PCCIP shall be determined by a review of the following factors:

1. A carrier's demonstrated need for capital improvements, as compared to the total need of all qualified carriers;

2. Consideration of the level of capital assistance the carrier has received under past programs, such as various bus allocations for transit, suburban, and cruiser type vehicles, including funds allocated to that carrier because of assets replaced under other NJ TRANSIT programs;

3. The extent to which the carrier has other equipment (leased privately or self-purchased) available for its use that is not otherwise eligible for replacement under the PCCIP;

4. The public need for all, or a portion of, the service operated by the carrier and the public's cost benefit interest in paying for all, or a portion of, the service operated by the carrier;

5. The impact of the service operated by the carrier or an affiliate of the carrier on other carriers, including NJ TRANSIT, the riding public, and the taxpayers of the State;

6. Consideration will be given to the adequacy of performance by the carrier, or any of its affiliates, under prior vehicle leasing or other contractual arrangements with NJ TRANSIT;

7. Consideration will be given to a carrier's ability to maintain and operate capital equipment that requires sophisticated and expensive maintenance systems; and

8. A carrier shall not be eligible under this program if NJ TRANSIT determines based on factors included in N.J.A.C. 16:75, Bus Allocation Program Guidelines and Procedures, that the lease of, or the continued lease of, capital equipment to the carrier is inconsistent with NJ TRANSIT's statutory obligation to provide an efficient, effective, coordinated, and coherent State public transportation system.

(e) In reviewing and analyzing the carrier's need for capital improvements, NJ TRANSIT shall utilize its expertise and experience in the field of public transit services and such analysis shall be conclusive for determining eligibility.

N.J. Admin. Code § 16:76-2.1

Adopted by 54 N.J.R. 90(b), effective 1/3/2022