ASSEMBLY, No. 3254

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 25, 2020

 


 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  SERENA DIMASO

District 13 (Monmouth)

 

Co-Sponsored by:

Assemblywoman Vainieri Huttle

 

 

 

 

SYNOPSIS

     Establishes Office of the Advocate for Private Commuter Bus Service Customers and bill of rights for customers of private carriers operating motorbus regular route services.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing an Office of the Advocate for Private Commuter Bus Service Customers and a bill of rights for customers of private carriers operating motorbus regular route services, and supplementing Title 56 of the Revised Statutes.

 

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

 

     1.    The Legislature finds and declares that:

     a.     The provision of safe, adequate, and reliable public and private transportation services is vital to the economy of this State and to the health and financial welfare of its citizens.

     b.    The New Jersey Transit Corporation, its contract carriers, and various private carriers are responsible for providing motorbus regular route service to the people of New Jersey and serve a critical role by providing for the efficient movement of people within the State and to and from destinations outside of New Jersey.

     c.     The private companies that provide motorbus regular route service are providing a service that many New Jersey residents depend on in their everyday lives, and since there are few, if any, alternatives to the services provided by these companies, commuters are forced to continue using the services provided by private companies regardless of their adequacy and reliability.

     d.    The motorbus regular route service currently provided by certain private companies is inadequate and unreliable, causing commuters distress and loss of income for those who rely on that service to get them to work every day.

     e.     In protecting the health, safety, and welfare of the thousands of New Jersey residents who use commuter bus services provided by private companies, it is necessary and proper to ensure that those companies uphold their obligation to provide safe, adequate, and reliable services to their customers.

     f.     In order to ensure that private carriers operating motorbus regular route service provide safe, adequate, and reliable service to the people of this State, it is appropriate for this Legislature to enact a bill of rights for customers of privately operated motorbus regular route services which establishes basic rights and guarantees that protect the health, safety, and welfare of those customers.

 

     2.    As used in P.L.    c.    (C.    ) (pending before the Legislature as this bill):

     “Advocate” means the Advocate within the Office of the Advocate for Commuter Bus Service Customers.

     “Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

     “Motorbus regular route service” means and includes the operation of any motorbus or motorbuses 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 or otherwise, in this State or between points in this State and points in other states.

     “Office” means the Office of the Advocate for Private Commuter Bus Service Customers.

     “Operator” means the person responsible for the day-to-day maintenance and operation of a motorbus providing motorbus regular route service.

     “Private carrier” or “carrier” means any private entity which offers motorbus regular route service.

 

     3.    There is hereby established an Office of the Advocate for Private Commuter Bus Service Customers in the Division of Consumer Affairs in the Department of Law and Public Safety.

 

     4.    The Director of the Division of Consumer Affairs shall designate one or more employees of the division to serve in the office.  The director shall designate an “Advocate for Private Commuter Bus Service Customers” and shall provide for the organization of the office.

 

     5.    In addition to other powers and duties vested in it by P.L.    c.    (C.     ) (pending before the Legislature as this bill) or any other law, the office shall:

     a.     Assist customers in resolving problems with private carriers who offer motorbus regular route service;

     b.    Identify recurrent problems that customers have with private carriers and propose solutions to those problems;

     c.     Preserve and protect the rights of the customers of motorbus regular route service;

     d.    Promote open and direct communications between customers and the private carriers, including facilitating semi-annual public hearings at locations along the route or routes served by a private carrier that has been identified to have recurrent problems with and deficiencies in service; and

     e.     Investigate, attempt to resolve, and if necessary refer to the division or the Attorney General any matters or complaints received pursuant to P.L.    , c.   (C.       ) (pending before the Legislature as this bill).

 

     6.    The following consumer protections, obligations of private carriers, and basic expectations and guarantees of health, safety, and welfare are established as a bill of rights for customers of private carriers operating motorbus regular route service:

     a.     For all routes upon which a private carrier operates motorbus regular route service, a private carrier shall adhere to a published schedule by making all stops on-time, except in cases where delay is caused by an emergency, flood, storm event, natural disaster, or other act of God.  An operator for a private carrier shall make each and every stop on the published route that the private carrier serves and shall provide real-time schedule information about any delays or alterations to published route on the website of the private carrier;   

     b.    A private carrier shall operate a sufficient number of motorbuses on all routes in which the private carrier operates motorbus regular route service in order to accommodate every customer who pays a fare for use of the service;

     c.     A private carrier shall provide adequate notice and sufficient opportunity for feedback from its customers regarding any increase in fares or any discontinuation or diminishment of service;

     d.    An operator of a motorbus shall not allow a motorbus to become overcrowded with more passengers than the motorbus can safely accommodate;

     e.     A motorbus being used to provide motorbus regular route service shall be clean, well-maintained, and in good working condition at all times;

     f.     A private carrier shall make every effort to compensate or reimburse, through the refund of fare or a voucher for future provision of service, any customer who pays a fare to use that carrier’s service, but is forced to use other means of travel as a result of the customer’s inability to utilize the service because the motorbus was operating at capacity or an insufficient number of motorbuses were operating on the route;

     g.    A private carrier shall implement a toll-free telephone hotline which allows customers to submit complaints regarding service provided by the carrier.  The carrier shall respond to all complaints in a timely fashion and work to resolve any problems customers encounter regarding poor or inadequate service;

     h.    An operator of a motorbus shall be well-trained and familiar with the route or routes that the operator serves; and

     i.     An operator shall refrain from engaging in behaviors that could endanger the health or safety of passengers, which shall include, but not be limited to, operating a motorbus while smoking or using a cellular telephone.

 

     7.    A private carrier shall provide clear and conspicuous notice of customer complaint contact information by making complaint forms available to customers and cause signs to be posted.  The signs shall be posted on all motorbuses which are used by the private carrier in the provision of motorbus regular route service.  The forms and signs shall provide information which shall include, but not be limited to, the following:

     a.     a telephone number and mailing address of the Office of the Advocate for Private Commuter Bus Service Customers;

     b.    an explanation of the rights of customers of private carriers operating motorbus regular route service; and

     c.     basic information on the Office of the Advocate for Private Commuter Bus Service Customers.

 

     8.    The division, in conjunction with the Office of the Advocate for Private Commuter Bus Service Customers, is authorized to initiate, investigate, attempt to resolve, and, if necessary, refer to the Attorney General any matter or complaint received pursuant to section 6 of P.L.    , c.   (C.     ) (pending before the Legislature as this bill).

 

     9.    Any complaints regarding violations of section 6 of P.L.    , c.   (C.     ) (pending before the Legislature as this bill) shall first be filed with the Office of the Advocate for Private Commuter Bus Service Customers established by section 3 of P.L.   , c.   (C.    ) (pending before the Legislature as this bill).  The advocate may, on behalf of the division, and in conjunction with other staff of the division, conduct an investigation and may request in writing the production of documents and records as part of its investigation.  Trade secrets and proprietary business information contained in the documents or records received by the division pursuant to a written request or a subpoena shall be confidential and shall not be deemed a “public record” or “government record” pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), section 1 of P.L.1995, c.23 (C.47:1A-1.1), or P.L.2001, c.404 (C.47:1A-5 et al.).

     If the person of whom a request was made fails to produce the documents or records within 30 days after the date of the request, the division may issue and serve subpoenas to compel the production of those documents and records.  If any person refuses to comply with a subpoena issued under this section, the division may petition the Superior Court to enforce the subpoena by means of such sanctions as the court may direct.  After completion of the investigation, the division shall either:

     (1)   dismiss the complaint following a determination that no violation occurred; or

     (2)   determine that a violation has likely occurred and, if so, shall attempt to resolve the matter by settlement, which may include a monetary settlement to cover the costs incurred by the division.  If no settlement is achieved, then the division may take further action, including, if necessary, referring the matter to the Attorney General for further proceedings.

     Any records, documents, papers, maps, books, tapes, photographs, files, sound recordings, or other business material, regardless of form or characteristics, obtained by the division pursuant to subpoena shall be confidential.  At the conclusion of an investigation, any matter determined by the division, or by a federal or State judicial or administrative body, to be a trade secret or proprietary confidential business information held by the division pursuant to such investigation shall be considered confidential.  The materials may be used in any administrative or judicial proceeding as long as the confidential or proprietary nature of the material is maintained.

 

     10.  Any person who violates any of the provisions of section 6 or section 7 of P.L.    , c.   (C.     ) (pending before the Legislature as this bill) shall be subject to a civil penalty of no more than $1,000 for each violation.  Any penalty shall take into consideration any compensation paid or offered by the private carrier to its customers.  The penalty prescribed in this section 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.).  The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided pursuant to this section.  Process shall be in the nature of a summons or warrant which shall issue upon the complaint of the Attorney General or any other person.

 

     11.  The Director of the Division of Consumer Affairs shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the purposes of P.L.    , c.   (C.     ) (pending before the Legislature as this bill).

 

     12.  This act shall take effect on the first day of the sixth month after enactment, but the division may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill establishes an Office of the Advocate for Private Commuter Bus Service Customers in the Division of Consumer Affairs in the Department of Law and Public Safety.  The bill also establishes a bill of rights for customers of private carriers operating motorbus regular route service which contains consumer protections, private carrier obligations, and basic expectations and guarantees of health, safety, and welfare.

     The Office of the Advocate for Private Commuter Bus Service Customers is vested with the following powers and duties: assist customers in resolving problems with private carriers of motorbus regular route service; identify recurrent problems and propose solutions to problems customers have with private carriers; preserve and protect the rights of customers; promote open and direct communications between customers and carriers, including facilitating semi-annual public hearings at locations along the route or routes served by a private carrier that has been identified to have recurrent problems with and deficiencies in service; and investigate and attempt to resolve matters and complaints, and, if necessary, refer them to the Attorney General.

     The customer bill of rights provides that private carriers are obligated to adhere to a published schedule, provide real-time information on the private carrier’s website when there are delays or alterations to the published schedule, operate a sufficient number of motorbuses to accommodate all customers, and provide adequate notice regarding any changes in fares or service.  The bill of rights prohibits operators from allowing motorbuses to become overcrowded and requires that motorbuses be clean, well-maintained, and in good working condition.  Private carriers are to make every effort to compensate customers who pay fares but do not use the carrier’s service because a motorbus was already operating at capacity or because of an insufficient number of motorbuses on the route.  Private carriers are to implement a toll-free telephone hotline by which customers may submit complaints.  Finally, the bill of rights provides that all operators are to be well-trained and familiar with the routes that the operators serve and are to refrain from engaging in unsafe behaviors while operating motorbus.

     This bill requires private carriers to provide customer complaint contact information so that customers may contact the Office of the Advocate for Private Commuter Bus Service Customers.

     The Attorney General or any other person may bring an action before the Superior Court to impose a civil penalty not exceeding $1,000 per violation for any violation of the provisions set forth in this bill.  The penalty is to take into consideration any compensation paid or offered by the private carrier to its customers.