[Second Reprint]

SENATE, No. 1362

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED FEBRUARY 26, 2008

 


 

Sponsored by:

Senator NICHOLAS J. SACCO

District 32 (Bergen and Hudson)

Senator SANDRA B. CUNNINGHAM

District 31 (Hudson)

Assemblywoman  JOAN M. QUIGLEY

District 32 (Bergen and Hudson)

Assemblyman  VINCENT PRIETO

District 32 (Bergen and Hudson)

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

 

Co-Sponsored by:

Senator Beck, Assemblymen Vas, L.Smith, Assemblywoman Wagner, Assemblymen Ramos and Chiappone

 

 

 

 

SYNOPSIS

     Requires 45 days’ notice to affected municipalities of discontinuance of certain bus and train service.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 16, 2008.

  


An Act requiring advance notice to municipalities affected by the discontinuance 1, curtailment, or abandonment1 of certain bus and rail passenger service, amending P.L.1979, c.150, and supplementing Title 48 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 8 of P.L.1979, c.150 (C.27:25-8) is amended to read as follows:

     8.    a.  The corporation or any subsidiary thereof shall not be considered a public utility as defined in R.S.48:2-13 and except with regard to subsection c. of this section, subsection b. of R.S.48:3-38, section 2 of P.L.1989, c.291 (C.27:25-15.1) and R.S.48:12-152 the provisions of Title 48 of the Revised Statutes shall not apply to the corporation or any subsidiary thereof.

     b.    The authority hereby given the corporation pursuant to section 6 of this act with respect to fares and service, shall be exercised without regard or reference to the jurisdiction 1[formally] formerly1 vested in the Department of Transportation [by] regarding rates and rate schedules under R.S.48:2-21 [, 48:2-24 and 48:4-3]; discontinuance, curtailment, or abandonment of service under R.S.48:2-24; and the issuance of a certificate of public convenience and necessity under R.S.48:4-3, and transferred to the New Jersey Motor Vehicle Commission by P.L.2003, c.13 (C.39:2A-1 et al) . The [Department of Transportation] 1[New Jersey Motor Vehicle Commission] 2[Department of Transportation1] New Jersey Motor Vehicle Commission2 shall resume jurisdiction over service and fares upon the termination and discontinuance of a contractual relationship between the corporation and a private or public entity relating to the provision of public transportation services operated under the authority of certificates of public convenience and necessity previously issued by the [department] 1[New Jersey Motor Vehicle Commission] 2[department1] New Jersey Motor Vehicle Commission2 or its predecessors; provided, however, that no private entity shall be required to restore any service discontinued or any fare changed during the existence of a contractual relationship with the corporation, unless the [Department of Transportation] 1[New Jersey Motor Vehicle Commission] 2[department1] New Jersey Motor Vehicle Commission2 shall determine, after notice and hearing, that the service or fare is required by public convenience and necessity.

     c.     Notwithstanding any other provisions of this act, all vehicles used by any public or private entity pursuant to contract authorized by this act, and all vehicles operated by the corporation directly, shall be subject to the jurisdiction of the [Department of Transportation] 1[New Jersey Motor Vehicle Commission] department1 with respect to maintenance, specifications and safety to the same extent such jurisdiction is conferred upon the [department] 1[New Jersey Motor Vehicle Commission] department1 by Title 48 of the Revised Statutes.

     d.    Before implementing any fare increase for any motorbus regular route or rail passenger services, or the substantial curtailment or abandonment of any such services, the corporation shall hold a public hearing in the area affected during evening hours. Notice of such hearing shall be given by the corporation at least 15 days prior to such hearing to the governing body of each county whose residents will be affected and to the clerk of each municipality in the county or counties whose residents will be affected; such notice shall also be posted at least 15 days prior to such hearing in prominent places on the railroad cars and buses serving the routes to be affected.

     e.     Notice of its intent to discontinue, substantially curtail or abandon any motorbus regular route service or rail passenger service shall be given by the corporation to the governing body of each county whose residents will be affected and to the clerk of each municipality in the county or counties whose residents will be affected at least 45 days prior to implementation of such change in service.

(cf: P.L.1997, c.309, s.2)

 

     2.    (New section) Any holder of a certificate of public convenience and necessity for the operation of an autobus who files a petition with the Motor Vehicle Commission for permission to discontinue, substantially curtail, or abandon service shall give 1at least1 45 days’ notice of its intent to file the petition to the board of chosen freeholders of each county whose residents will be affected and to the clerk of each municipality in which there is located a bus stop on the route or routes that would be affected by the discontinuation, substantial curtailment, or abandonment of service.  In the event that a petition is not filed by the certificate holder, the certificate holder shall give 1at least1 45 days’ notice prior to the discontinuation, substantial curtailment, or abandonment of service to the board of chosen freeholders of each county whose residents will be affected and to the clerk of each municipality in which there is located a bus stop on the route or routes that would be affected by the discontinuation, substantial curtailment, or abandonment of service.

     A holder of a certificate of public convenience and necessity for the operation of an autobus, who files a petition with the Motor Vehicle Commission for permission to discontinue, substantially curtail, or abandon service, shall cause to be posted in a prominent place on each bus serving the affected routes, a notice of its intent to discontinue, substantially curtail, or abandon service, at least 45 days prior to the change in service.

     A holder of a certificate who fails to give notice in accordance with this section shall be subject to a civil penalty of $100 per day. Every day that a violation exists shall be a separate violation for which a penalty may be recovered.  A penalty imposed under this section shall be in addition to any other penalty or fine imposed pursuant to law and shall be collected and enforced by summary proceedings pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     3.    This act shall take effect immediately.