New Jersey-2024-S3527-Introduced

An Act concerning unloading of motorbus passengers and supplementing Title 27 of the Revised Statutes.

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

1. a. For the purposes of this section:

"Casino bus operation" means and includes the operation of a motorbus to or from any casino licensed under the "Casino Control Act," P.L.1977, c. 110 (C.5:12-1 et seq.), unless that operation has been determined by the Commissioner of Transportation to be a motorbus regular route service.

"Charter bus operation" means and includes the operation of a motorbus, not on a regular schedule, by the person owning or leasing such motorbus or motorbuses pursuant to a contract, agreement or arrangement to furnish a motorbus or motorbuses and a driver or drivers thereof to a person, group of persons or organization, corporate or otherwise, for a trip designated by such person, group of persons or organization for a fixed charge per trip, per motorbus, per period of time or per mile.

"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.

"Scheduled destination" means a preplanned destination or stop on a planned route to a destination that can be demonstrated by a departure and arrival schedule, passenger ticket, receipt, or other publicly available document depicting the location where passengers are planned to unload.

"Special bus operation" means and includes the operation by the owner or lessee of a motorbus or motorbuses for the purpose of carrying passengers for hire, not on a regular schedule, each passenger paying a fixed charge for the passenger's carriage, on a special trip arranged and designated by such owner or lessee, which fixed charge may or may not include special premiums.

b. (1) The operator of a motorbus that is operated as part of a motorbus regular route service, charter bus operation, casino bus operation, or special bus operation shall not stop such motorbus for the purpose of unloading passengers at any location other than a scheduled destination. The operator shall maintain documentation on the operator's person that is sufficient to demonstrate that passengers are unloading at a scheduled destination at all times while operating a motorbus that provides a motorbus regular route service, charter bus operation, casino bus operation, or special bus operation. Failure of an operator to possess such documentation at the time of unloading passengers shall constitute a violation of this section.

(2) The provisions of this section shall not apply to the New Jersey Transit Corporation or any public or private entity under contract with the corporation to operate a motorbus regular route service.

c. In the event an emergency requires an operator of a motorbus providing a motorbus regular route service, charter bus operation, casino bus operation, or special bus operation to stop the motorbus and unload passengers at a location other than a scheduled destination:

(1) the operator shall immediately contact emergency services; and

(2) the operator and all passengers shall remain as near to the motorbus as safety permits.

2. a. Any person who violates any of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to a penalty of not more than $1,000 for the first offense and each subsequent offense. Each instance of unloading passengers in a location other than a scheduled destination, as defined pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall constitute a separate violation. An unplanned unloading of passengers in the event of an emergency shall not constitute a violation, provided the operator contacts emergency services as required pursuant to subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Any penalty imposed pursuant to this section shall be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274, (C.2A:58-10 et seq.), in connection with P.L. , c. (C. ) (pending before the Legislature as this bill).

c. Any motorbus used in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) may be confiscated and forfeited. The Department of Transportation may seize and secure any motorbus used in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall immediately thereafter give notice thereof to a court located in the county where the seizure is made which court shall, at an appointed time and place, summarily hear and determine whether the motorbus was unlawfully used. If a court determines that a motorbus was used violation of P.L. , c. (C. ) (pending before the Legislature as this bill), it may direct the confiscation and forfeiture of the motorbus to the use of the department. The Commissioner of Transportation may dispose of any confiscated and forfeited vehicle at the commissioner's discretion.

3. This act shall take effect on the first day of the third month next following enactment.

STATEMENT

This bill requires motorbus operators to unload passengers at scheduled destinations. Under the bill, an operator of a motorbus that is operated as part of a motorbus regular route service, charter bus operation, casino bus operation, or special bus operation is prohibited from stopping the vehicle for the purpose of unloading passengers other than at a scheduled destination. A scheduled destination is defined as a preplanned destination or stop on a planned route to a destination that can be demonstrated by a departure and arrival schedule, passenger ticket, receipt, or other publicly available document depicting the location where passengers are planned to unload, and a motorbus operator is required to possess such documentation at all times while operating a motorbus that provides a motorbus regular route service, charter bus operation, casino bus operation, or special bus operation. The provisions of the bill do not apply to the New Jersey Transit Corporation or any public or private entity under contract with the corporation to operate motorbus regular route service.

The bill imposes a penalty of $1,000 for each offense and possible confiscation of the motorbus used in the commission of the offense, with an exception for the unplanned unloading of passengers in the event of an emergency if the operator contacts emergency services.