N.J. Admin. Code § 16:85-1.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 16:85-1.2 - Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Affiliate" means any individual, company, proprietorship, corporation, agency, trust, or partnership where, by reason of the relationship of such entity with the carrier (whether by reason of the method of, or circumstances surrounding, organization or operation, or whether established through common directors, officers, stakeholders, a voting trust or trusts, a holding or investment company or companies, family relationships, or any other direct or indirect means) there is a reason to believe that the affairs of the carrier may be managed in the interest of such individual, company, proprietorship, corporation, agency, trust, or partnership.

"Board" means the Board of Directors of NJ TRANSIT.

"Carrier" or "private carrier" means any person, firm, corporation, or any type of entity that proposes to provide regular route bus service for NJ TRANSIT.

"Direct costs" also known as "variable costs," means expenses that are directly attributable to the operation of the service and vary with the level of service provided, which, by way of example, include bus operator and mechanics' wages, tolls, fees, fuel, and parts.

"Executive Director" means the Executive Director of NJ TRANSIT, or his or her designee.

"Fixed costs" means expenses that tend to remain constant in amount regardless of variations in volume of activity within a relevant range of service level, which, by way of example, include garage leases and rentals and real estate taxes.

"Marginal cost" means the incremental cost, also known as avoidable cost, and not the fully allocated cost, as dictated by concepts of financial cost accounting and as deemed appropriate to mass transit activities by NJ TRANSIT.

"Marginal or avoidable cost analysis" means an evaluation of the cost of operating a service or the savings to be obtained from not operating a service utilizing direct costs. In addition, semi-variable costs may be utilized in the cost analysis but only if the semi-variable costs result in additional costs or in cost savings. If no additional costs or savings are to be incurred in the "semi-variable cost" category, such costs should not be included in the analysis.

"New service" and "major restructuring" of service means regular route bus service, that:

1. Has not been operated by any bus carrier (public or private) before;

2. Links or connects an origin/destination pair that has not been linked by regular route bus service before;

3. Links an origin/destination pair in a route pattern that has not existed before or is substantially different in streets, patterns, or bus stops, in response to significant changes in passenger trip generators and anticipated market demand;

4. Results from the reinstitution, in whole or in part, or in any modified manner, of any previously operated and discontinued service in response to significant changes in passenger trip generators and anticipated market demand;

5. Has been abandoned by a private carrier and which NJ TRANSIT has determined should continue, without interruption, either partially or completely, in the interest of public need; or

6. Results from the major restructuring of multiple NJ TRANSIT existing bus routes, meaning the restructuring of bus service in a specific contiguous area served by those routes, so as to materially and substantially reduce from, add to, or alter the levels of service of those combined routes.

"NJ TRANSIT" means the New Jersey Transit Corporation.

"NJ TRANSIT operating subsidiary" means any of the three wholly owned bus operating subsidiaries of NJ TRANSIT: NJ TRANSIT Bus Operations, Inc., NJ TRANSIT Mercer, Inc., and NJ TRANSIT Morris, Inc.

"Regular route bus services" means the operation of any motor bus or motor buses on streets, public highways, or other facilities, over a fixed route and between fixed termini on a regular schedule for the purpose of carrying passengers for hire, in this State or between points in this State and points in other states. For purposes of this chapter, "regular route bus service" also refers to bus routes that NJ TRANSIT is authorized by law to possess or that NJ TRANSIT actually operates, or could operate, pursuant to law.

"Semi-variable costs" means that portion of expenses that change in total in the same direction as the changes in volume but not proportionately thereto which by way of example include garage costs, management and supervisory costs, finance and data processing costs, and labor relations/personnel costs.

N.J. Admin. Code § 16:85-1.2

Adopted by 54 N.J.R. 93(a), effective 1/3/2022