N.J. Admin. Code § 18:23-5.5

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

Section 18:23-5.5 - Apportionment of facilities used in passenger service

The portion of railroad property actually in use in connection with passenger service rendered by a railroad is to be determined according to the following provisions:

(a) Property used exclusively in rendering passenger service:

1. Where land is used exclusively in rendering passenger service, the measured land area involved is to be classified as Class III railroad property;

2. Where track is used exclusively in rendering passenger service, the lineal measure of track and its appurtenances is to be classified as Class III railroad property;

3. Where a structure is used exclusively in rendering passenger service, the entire structure is to be classified as Class III railroad property.

(b) Property used partially in rendering passenger service:

1. Where track is used partially in rendering passenger service and partially for other railroad uses:

i. That portion of the value of track and its appurtenances to be allocated to Class III railroad property is to be calculated by multiplying such total value of the track and its appurtenances by a factor equivalent to the ratio of the number of locomotive units using the track to render passenger service to the total number of locomotive units using the track;

ii. The value of the land supporting such track and its appurtenances allocated to Class III is to be calculated by applying the ratio employed in subparagraph i of this section to the total value of such land area.

2. Where a structure is used partially in rendering passenger service and partially for other railroad uses, the value of such structure allocated to Class III railroad property is to be determined as follows:

i. In the case of a station building, the portion of the total value thereof allocated to Class III railroad property is to be calculated by multiplying the total value thereof by a factor equivalent to the ratio of the measured floor area used in rendering passenger service to the total measured floor area of the station building;

ii. In the case of a general railroad office (offices used in connection with the operation of the railroad as a whole), the portion of the total value thereof allocated to Class III railroad property is to be calculated by multiplying the total value thereof by a factor, equivalent to the ratio of gross passenger operating revenues of the railroad to the gross system operating revenues of the railroad;

iii. In the case of a repair facility, the portion of the total value thereof allocated to Class III railroad property is to be calculated by multiplying the total value thereof by a factor equivalent to the ratio of the operating costs expended in repairing equipment used in a passenger service at the facility to the total operating costs expended in repairing all equipment at such facility;

iv. In the case of a locomotive servicing facility, the portion of the total value allocated to Class III railroad property is to be calculated by multiplying the total value by a factor equivalent to such ratio of the number of passenger locomotive units serviced at the facility to such total number of locomotive units serviced at such facility;

v. In the case of a power facility, the portion of the total value thereof allocated to Class III railroad property is to be calculated by multiplying the total value by a factor equivalent to the ratio of the output power used in rendering passenger service to the total output power transmitted by such facility.

3. The value of the land supporting any facility described in paragraph 2 of this subsection and allocated to Class III railroad property is to be calculated by applying the pertinent ratio for such facility to the total value of the land area.

N.J. Admin. Code § 18:23-5.5