N.Y. Comp. Codes R. & Regs. tit. 21 § 1220.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1220.1 - Definitions

As used herein:

(a) Bus shall mean a self-propelled highway vehicle designed and constructed for the carriage of passengers for hire, employing as a source of motive power (either directly or by electrical transmission) a reciprocating internal-combustion or a turbine engine (not including a jet-propulsion engine) utilizing as fuel gasoline, diesel oil, or any other substance utilized by highway vehicles for fuel and permitted both by the laws of New York and by those of New Jersey then in effect and also under the then existing rules and regulations governing the use of the Lincoln Tunnel (and then only in strict compliance with the requirements of such laws, rules and regulations), and having overall dimensions not in excess of the following: length, 40 feet; width, 102 inches; height, 12 feet two inches (except that a bus not operating on the covered vehicular level which has direct vehicular connection with the overhead viaducts may be 12 feet eight inches in height and having a maximum gross loaded weight not in excess of 35,000 pounds avoirdupois, distributed to provide not more than 20,000 pounds per axle.

(b) Carrier shall mean an operator of one or more vehicles for the transportation of passengers for hire.

(c) Cost shall mean and include:

(1) payroll costs of the Port Authority, including contributions to the retirement system, or the cost of participation in other pension plans or systems, insurance costs, and sick leave, holiday, vacation and authorized absence pay;

(2) cost of materials and supplies used;

(3) payments to contractors;

(4) any other direct costs; and

(5) 30 percent of the sum of the foregoing.

(d) Driver shall mean the person who is in actual physical control of a vehicle.

(e) Express shall mean and include property other than baggage, mail, manifest baggage and newspapers, transported or to be transported by a carrier in accordance with its published tariffs, and shall be defined as defined in the published tariffs of any carrier, except that it shall not include acids, animals, articles packed in wet ice or water, dangerous articles, explosives, gases, inflammable materials, intoxicating beverages, jewelry, lottery tickets, materials having or capable of producing strong, offensive odors, meat, meat products, money, securities, watches, or wet batteries; provided, however, that by notice given within 60 days after the effective date of any reissue, revision or supplement of a tariff of any carrier, the Port Authority may exclude therefrom any article, material or thing listed therein for the first time; and provided, further, that express shall not include any parcel or piece the overall dimensions of which are greater than 24 inches by 24 inches by 45 inches.

(f) Highway vehicle shall mean and include an automobile, a bus, a truck, a tractor equipped with rubber tires, a trailer, or a semi-trailer.

(g) I.C.C. regulations shall mean regulations of the Interstate Commerce Commission in effect on the effective date hereof issued under the authority of the Interstate Commerce Commission.

(h) Manifest baggage shall mean and include property checked through on the line of any carrier (or of a carrier connecting with any carrier) on a ticket or tickets for passenger transportation, in accordance with and as defined by local and joint baggage tariff 500-G, of the Interstate Commerce Commission, issued June 15, 1949 and effective July 20, 1949, as the same may be hereafter supplemented or amended; provided, however, that by notice given to the carrier within 60 days of any supplement, revision or reissue of the tariff of such carrier, the Port Authority may exclude any article, material or thing therein listed for the first time.

(i) Parking shall mean the halting of a vehicle on a roadway or other area while not actually engaged in receiving or discharging passengers, except when halted in obedience to traffic regulations, signs or signals, and without regard to the presence or absence of the driver.

(j) Permission shall mean permission granted by the superintendent except where otherwise specifically provided.

(k) Person shall mean any individual, firm, partnership, corporation, or incorporated or unincorporated association, and shall include any assignee, receiver, trustee, executor, administrator or similar representative appointed by a court, and shall mean the United States of America or any department of the government thereof, any State or political subdivision thereof, any foreign government or political subdivision thereof, or the United Nations.

(l) Port Authority shall mean The Port Authority of New York and New Jersey.

(m) Port Authority dispatcher shall mean the Port Authority employee assigned to any one or more of the vehicular levels of the terminal to direct the arrivals or departures of buses operating therefrom.

(n) Port Authority rules and regulations shall mean the rules and regulations set forth in this Part and all amendments and supplements thereto.

(o) Published tariff; see tariff.

(p) Stand shall mean to halt a bus for the purpose of loading or unloading or for waiting in position for loading or unloading.

(q) Superintendent of the terminal or superintendentshall mean the person or persons from time to time designated by the Port Authority to exercise the powers and functions vested in the said superintendent by these rules and regulations, and shall mean the superintendent or acting superintendent of the terminal for the time being or his duly designated representative or representatives.

(r) Tariff or published tariff shall mean the schedule of rates, terms and conditions of transportation under which a carrier conducts its operation and which has been approved by the Interstate Commerce Commission or by other governmental regulatory body having jurisdiction over the operations of the carrier.

(s) Terminal shall mean the building on the block bounded by West 41st Street, Eighth Avenue, West 40th Street, and Ninth Avenue, in the Borough of Manhattan, in the City, County and State of New York, together with overhead viaducts from the said building to the west side of the said Ninth Avenue.

(t) Vehicle shall mean and include automobiles, trucks, buses, tractors, trailers, semi-trailers, horse-drawn carts or wagons and any other devices in or upon or by means of which any person or property is or may be transported, carried or drawn upon land only, except railroad rolling equipment or other devices designed to operate on stationary rails or tracks.

(u) Vehicular level shall mean and include any floor or story at the terminal designed for use by highway vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1220.1