N.J. Admin. Code § 16:51-3.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 16:51-3.2 - Petitions for the granting of Certificates of Public Convenience and Necessity to Conduct Autobus Operations

(a) The Certificate of Public Convenience and Necessity (CPCN) application form is for both Omnibus 1 and Omnibus 2 applicants, except charter bus operations. The CPCN application form is required to be submitted to the Division before registration of the first vehicle in the fleet. In addition to the information required pursuant to N.J.A.C. 16:51-3.1(a)1 through 7 and the application form, all petitions for the granting of Certificates of Public Convenience and Necessity to Conduct Autobus Operations shall include the following:

1. A brief statement as to how the proposed service will serve the public convenience and necessity;

2. A schedule of equipment, including, but not limited to, the type, passenger capacity, year, make, model and VIN of each vehicle to be used in the proposed service; in the event that a vehicle has not yet been acquired by the petitioner, the VIN may be supplied after the filing of the petition at any time during the pendency of the action thereon;

3. A copy of petitioner's current income statement if petitioner is in operation at the time of filing;

4. Copies of petitioner's current balance sheet and pro forma balance sheet and pro forma income statement for the first year of operation;

5. A list of proposed passenger pickup and/or drop-off locations together with the following:

i. Proof that all such locations on public property are State, county or municipally approved pickup or drop off points in accordance with N.J.S.A. 27:1A-44, 39:4-197, 39:4-198 and 39:4-201; said proof shall be furnished by the following:

(1) Appending a copy of the municipal or county ordinances, resolutions or regulations governing omnibus stops, stations or standards; or

(2) If providing proof pursuant to (A) of this subparagraph is not possible, then an affidavit explaining why such proof cannot be provided accompanied by photographs of all proposed stops for which proof pursuant to (A) of this subparagraph cannot be provided, which photographs demonstrate that no signage exists that would prohibit the use of such location as a pickup or drop-off location; and

ii. Except as provided in (c)3 and (d)4 below for all proposed pickup and drop-off locations on private property, written proof of permission for such use by the owner or other individual or entity with the right of possession of said property; and

6. A proposed tariff, tariff filing fee and schedule of fares, if different from the tariff.

(b) In addition to the information included in (a) above, the following information shall be included in all petitions for the granting of a certificate to conduct regular route operations or regular route in the nature of special operations:

1. An accurate and complete street-by-street description of the route for which authority is sought along with a map of that route; and

2. A copy of the proposed schedule of operations.

(c) In addition to the information included in (a) and (b) above, the following information shall be included in all petitions for the granting of a certificate to conduct restricted regular route operations:

1. An explanation of the nature of the restriction to be accepted by the petitioner;

2. Copies of all documents, including, but not limited to, contracts for service, which documents form the basis of the restrictions;

3. In the event that the restriction is embodied in a contract that provides for closed door service between or among pickup and drop-off locations, all of which locations are under the control of the contractor, the petitioner may omit the information required pursuant to (a)5i and ii above, provided, however, that petitioner shall provide such information if requested by the Commission.

(d) In addition to the information included in (a) above, the following information shall be included in all petitions for the granting of a Certificate of Public Convenience and Necessity to Conduct Autobus Operations:

1. The nature of the special operation, including any restrictions upon the service, including an indication as to whether the service will be door-to-door or medical transport;

2. A list of any special premiums, coupons, vouchers or discounts to be furnished as part of the service;

3. Copies of any documents, including, but not limited to, contracts, which documents embody restrictions or otherwise govern the provision of the service; and

4. In the event that a restriction is embodied in a contract that provides for closed-door or door-to-door service between or among pickup and drop-off locations, any of which are controlled by the contractor, the petitioner may omit the information required pursuant to (a)5i and ii above with regard to those locations, provided, however, that petitioner shall provide such information if required by the Division.

(e) An identifying number or "MVC Number" will be issued to the motor carrier which must be displayed on each vehicle operated by the motor carrier as an Omnibus 1 or 2.

N.J. Admin. Code § 16:51-3.2

Amended by 46 N.J.R. 872(a), effective 5/19/2014.