Pursuant to N.J.S.A. 40:52-1(b), the City of Hoboken is empowered
to license shuttle busses and shuttle bus drivers, for revenue. It
is in the City's best interest to know which shuttle busses and
shuttle bus drivers are operating within the City limits, and to regulate
said operations. It is in the best interest of the general welfare
for the City to assess the character of each shuttle bus applicant
and shuttle bus operator applicant as an added measure to minimize
unsafe and unhealthy transportation operations within the City. Shuttle
bus licensing and regulation shall be enforced by the Department of
Transportation and Parking through the Division of Taxi and Limousine
Licensing. The Division Head of the Division of Taxi and Limousine
Licensing shall be responsible for enforcement of this chapter.
As used in this chapter:
The Director of Transportation and Parking.
The Division of Taxi and Limousine Licensing.
The Division Head of the Division of Taxi and Limousine Licensing
who shall be designated by the Director of the Department of Transportation
and Parking to act as the authority for the Division of Taxi and Limousine
Licensing.
The person or persons empowered or designated by the Department
of Transportation and Parking to perform inspections pursuant to this
chapter.
Any automobile, autobus, or motor bus, commonly called jitney
which carries passengers along a scheduled route within the City limits
of the City of Hoboken.
A form designated by the Division which specifically demonstrates
the current shuttle bus route and approved stops for the licensed
shuttle bus, one of which shall be on file with the Division of Taxi
and Limousine Licensing for each licensed shuttle bus. It shall be
the responsibility of the license holder to provide the Division with
a new form within five business days of any change in route. It shall
be the responsibility of the license holder to provide a new form
each year prior to receiving license renewal.
An official document of the City of Hoboken which permits
the holder to operate a shuttle bus for hire on a regular route within
the City limits, subject to the restrictions found in the Division
of Taxi and Limousine's Rules and Regulations, the Hoboken City
Code, and state and federal laws.
The official document of the City of Hoboken which grants
the individual license holder nontransferable permission to drive
a shuttle bus upon the streets of the City of Hoboken. This term shall
not be construed to mean a driver's license issued by the State
of New Jersey Motor Vehicle Commission. When used throughout this
chapter, the term "operator's license" shall mean the definition
as stated herein. The term "driver's license" shall mean a driver's
license issued by the State of New Jersey Motor Vehicle Commission.
A daily record prepared by a shuttle bus driver of all trips
made by the driver, showing time and place of origin, destination,
number of passengers and the amount of fare of each trip. The trip
record or "sheet" shall also contain the driver's name, and the
time he or she reported on and off duty.
No shuttle bus with a carrying capacity of not more than 13
passengers, which must be licensed and operated under municipal consent
of the City of Hoboken, upon a route established wholly within the
limits of the City of Hoboken, or with a carrying capacity of not
more than 20 passengers operated, which must be licensed and operated
under municipal consent of the City of Hoboken, upon a route established
wholly within the limits of not more than four contiguous municipalities
which includes the City of Hoboken shall be operated wholly or partly
along any street in the City until the owner or owners thereof shall
obtain a license from the Division for the right to operate said shuttle
bus over any street or streets of the City limits.
The City will provide a shuttle bus license to any owner or
owners of shuttle buses operating within the City. There shall be
no limit on the number of shuttle bus licenses approved and provided
by the City.
C.
Shuttle bus permits are nontransferable.
D.
Shuttle bus permits must be renewed annually.
E.
No shuttle bus permit application shall be considered and no shuttle
bus permit shall be issued or renewed unless the applicant or holder
thereof has paid the annual fee of $150 for each vehicle permitted
by the City. The permit fee shall be for the period of April 1 through
March 31, of the succeeding year and be in addition to any other license
fee or charges established by proper authority and applicable to the
holder of the vehicle or vehicles under his operation and control.
F.
Permit holders shall be subject to the rules and regulations, and
violations and penalties of this chapter, including but not limited
to suspension and revocation of the City issued permit, to the same
extent as a licensed shuttle bus.
A.
Application requirements. A separate application is required for
each vehicle operating as a shuttle bus pursuant to this chapter.
The applicant must be the primary owner of the shuttle bus. An application
for a shuttle bus license shall be filed with the Division of Taxi
and Limousine Licensing upon forms provided by the City. The application
shall be verified under oath and shall contain the following information:
(1)
The name, address, date of birth, social security number, telephone
number, and motor vehicle operator license number of the applicant;
(2)
The financial status of the applicant, including any liens or judgments
against the applicant, and the nature of any transaction or acts giving
rise to any existing liens or judgments;
(3)
The experience of the applicant in the transportation of passengers;
(4)
Any facts which the applicant believes tend to prove that a license
is warranted;
(5)
The number of vehicles to be operated or controlled by the applicant,
the daily route of each vehicle to be operated by the applicant, and
the location where the vehicles will be primarily garaged;
(6)
Copies of all leases, mortgages or other material pertaining to the
financial or ownership status of the shuttle bus license and any vehicles
covered under the license;
(7)
A criminal history background check form supplied by the City;
(8)
An applicant shall also submit fingerprint impressions taken by the
Hoboken Police Department, and the applicant shall bear any and all
costs for fingerprinting;
(9)
Such other information as the City may require; and
(10)
For each requirement listed in Subsection A(1) through (9) of this section, in any case where the primary owner of a shuttle bus is a corporate entity, any individual holding a 20% or greater share in the corporate entity will be required to provide their personal information in addition to the corporate information in order to satisfy this section.
B.
The Division of Taxi and Limousine Licensing is hereby authorized
and empowered to establish rules and regulations governing the issuance
of shuttle bus licenses and shuttle bus operator's licenses not
inconsistent herewith, and as may be necessary and reasonable.
A.
Insurance requirements.
(1)
No shuttle bus license shall be awarded and no shuttle bus operation
shall be permitted until the owner of such shuttle bus shall have
filed with the Division an insurance policy of a company duly licensed
to transact business under the insurance laws of this state in the
sum of $10,000 against loss from the liability imposed by law upon
the shuttle bus owner for damages on account of bodily injury or death
suffered by any one person and in the sum of $100,000 on account of
bodily injury or death suffered by more than one person, and in the
sum of $5,000 against loss on account of property damage suffered
by any person or persons as a result of an accident occurring by reason
of the ownership, maintenance or use of such shuttle bus upon the
public streets of the City.
(2)
Such insurance policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership, maintenance
and use of such autobus or any fault in respect thereto and shall
be for the benefit of any person suffering loss, damage or injury
as aforesaid.
(3)
Failure to maintain insurance to the full and collectible amount
of $10,000 for one person and $100,000 for more than one person for
bodily injuries or death and $5,000 for property damage shall remain
in force, shall result in summary cancellation of the shuttle bus
license.
B.
Power of attorney.
(1)
A power of attorney shall be executed and delivered to the Division
concurrently with the filing of the insurance policy hereinbefore
referred to, wherein and whereby the said owner shall nominate, constitute
and appoint the City his true and lawful attorney for the purpose
of acknowledging service of any process out of a court of competent
jurisdiction to be served against the insured by virtue of the indemnity
granted under the insurance policy filed.
(2)
The shuttle bus license may be revoked by the Division after notice
and hearing whenever it shall appear that the person to whom such
license was granted has failed to furnish and keep in force the insurance
and the power of attorney herein required, or to comply with any terms
or conditions imposed by the Division or any laws of this City, state
or country.
Each holder of a shuttle bus license shall have the most current shuttle bus route and approved stops on file with the Division of Taxi and Limousine Licensing. It shall be the responsibility of the shuttle bus license holder to provide the most current shuttle bus route to the Division via the Shuttle Bus Activity Form, and to update the shuttle bus route via a Shuttle Bus Activity Form whenever there is a change to the route, whether temporary or permanent. Use of a shuttle bus along a route not on file with the Division of Taxi and Limousine Licensing shall be considered a violation of this section. Any person found guilty of violating the provisions of § 180-5 shall be subject to a fine of not less than $1,000 and/or 180 days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the shuttle bus license for the first (1st) offense; and not less than $1,500 and/or 180 days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the shuttle bus license for the second offense; and not more than $2,000 and/or one-year imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the shuttle bus license for the third or subsequent offense(s). The approved route and stops shall not compete with the City's community shuttle bus service.
No shuttle bus license application shall be considered and no
shuttle bus license shall be issued or renewed unless the applicant
or holder thereof has paid the annual fee of $750 for each vehicle
licensed by the City. The license fee shall be for the period of April
1 through March 31, of the succeeding year and be in addition to any
other license fee or charges established by proper authority and applicable
to the holder of the vehicle or vehicles under his operation and control.
A.
No shuttle bus license may be transferred, assigned, sold or otherwise
encumbered, in whole or in part, without the prior written consent
of the City Council.
B.
No transfer application may be forwarded to the City Council until
the transferee has satisfied all other requirements of this chapter,
including but not limited to all initial application requirements.
C.
The fee for a license transfer shall be $750, payable by the transferee
to the City of Hoboken. This fee is in addition to any annual shuttle
bus licensing fees applicable to the license. No transfers shall be
permitted in the month of March.
D.
No shuttle bus license shall be renewed or transferred until all
outstanding tickets, summonses, judgments and tax liens of the City
against the holder(s) are satisfied.
No person shall operate a shuttle bus upon the streets of the
City of Hoboken without a shuttle bus operator's license. No
person who owns or controls a shuttle bus license from the City shall
permit a person without a shuttle bus operator's license to operate
under their shuttle bus license within the City. In the event an operator
misplaces his or her operator's license, he or she must:
A.
Every applicant for an operator's license must meet the following
requirements:
(1)
Be at least 18 years of age and have at least one year of driving
experience;
(2)
Obtain a certificate from a medical doctor licensed in the State
of New Jersey which certifies the operator is of sound physique, with
good eyesight, not subject to epilepsy, vertigo, heart trouble or
any other infirmity of body or mind which might cause the applicant
to be unfit to safely operate a shuttle bus. Upon renewal application,
a certificate shall only be required every even year;
(3)
Be able to speak, read, and write the English language and have a
basic knowledge of Hudson County roadways and landmarks;
(4)
Be a citizen of the United States or present valid documentation
from the United States government of authorization to work within
the United States;
(5)
Possess a valid New Jersey driver's license with not more than
eight points (provisional licenses will not be accepted); and
(6)
Be clean in dress and habits as to be able to provide adequate and
appropriate service to the public;
B.
Every applicant for an operator's license shall comply with
the Division of Taxi and Limousine Licensing's Rules and Regulations
in preparing their application. Every application for an operator's
license shall contain the following:
(1)
Name, address, date of birth, social security number, and New Jersey
motor vehicle operator's number;
(2)
The applicant's experience in the transportation of passengers;
(3)
A record of the applicant's employment history for the previous
three years;
(4)
Proof of residence in the State of New Jersey for a period of at
least 90 days;
(5)
Four photographs of the applicant measuring two inches by two inches
of a front view of the applicant's face and shoulders without
head covering;
(6)
A motor vehicle services record abstract indicating a driver's
history from New Jersey Motor Vehicle Commission which shall be no
more than 30 days old;
(7)
Fingerprint impressions taken for the Hoboken Police Department to
conduct state and federal background checks for which the applicant
shall bear any and all costs;
(8)
Certificate from a licensed and practicing physician of the State
of New Jersey certifying that the applicant was examined on a certain
date not more than 60 days before the filing of the application. The
certificate shall state that, in the physician's opinion, the
applicant is of sound physique, with good eyesight, not subject to
epilepsy, vertigo, heart trouble or any other infirmity of body or
mind which might cause the applicant to be unfit to safely operate
a taxi. Upon renewal application, a certificate shall only be required
every odd year;
(9)
An affidavit of the applicant's good character from two reputable
sources who have known the applicant personally and observed the applicant's
conduct for a period of not less than one-year prior to application;
(10)
A reference from the applicant's last employer. This requirement
may be waived at the option of the Division Head for good cause;
(11)
The successful completion of a 5 Panel Drug & Alcohol Test
administered by a third party to be selected by the Division Head.
The results shall indicate no positive test results for any substance,
or the application will be summarily denied. The cost of this test
shall be at the applicant's sole cost and expense.
(12)
Authorization to the Police Department of the City of Hoboken,
to obtain a state and federal criminal background check of the applicant.
(13)
Such other information that the City may require.
C.
Every applicant for an operator's license must attend on an
annual basis from the date of issuance a driver safety and shuttle
bus rules course, if provided by the City of Hoboken.
A.
The Division of Taxi and Limousine Licensing or his designee shall
conduct an investigation of each applicant for an operator's
license. A report of such investigation and a copy of the police criminal
history background check and traffic record of the applicant, if any,
shall be attached to the application for consideration. The procedure
for compiling the application which shall be used by the Division
to conduct the investigation shall be found in the Division's
Rules and Regulations.
B.
Authorization for fingerprinting based access to the Interstate Identification
Index for the purpose of conducting noncriminal justice licensing
is found in New Jersey State Annotated 40:48-1.4. All applicants seeking
a license under this chapter shall submit to a fingerprint criminal
history record and background investigation by the Hoboken Police
Department.
C.
The Division of Taxi and Limousine Licensing shall consider the application,
the police investigation report, any other documentation required
to be attached thereto, and any other relevant facts whatsoever and
shall approve or reject the application. No shuttle bus operator's
license shall be issued until a written police investigation report
is received from the Hoboken Police Department's Bureau of Record
and Identification showing the result of the investigation of the
applicant's prior criminal history, if any, through an examination
of the fingerprints.
D.
The Bureau of Record and Identification shall conduct a criminal
history background check investigation of the applicant by submitting
necessary documents to the New Jersey State Police and any other appropriate
law enforcement agency having the capability of determining whether
a person has a criminal record by cross-referencing that person's
name and fingerprints with those on file with the Federal Bureau of
Investigation, Identification Division, and the State Bureau of Identification
of the New Jersey Division of State Police.
E.
The Hoboken Police Department shall refer the applicant to the designated
fingerprint vendor for processing. Upon receipt of the results of
the criminal history background check the Bureau of Record and Identification
shall provide the Division of Taxi and Limousine Licensing with the
results of the criminal background check within five business days
of receipt of same.
F.
Convictions of crimes shall not be considered when considering the
application, except that convictions for the following crimes less
than 10 years prior to the date of application shall result in summary
denial of an application:
(1)
Driving under the influence of drugs or alcohol; or
(2)
Any offense involving danger to the person as defined by N.J.S.A.
2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq.,
N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1; or,
(3)
Crimes and disorderly persons offense set forth in N.J.S.A. 2C:24-4,
N.J.S.A. 2C:24-5, N.J.S.A. 2C:24-7, N.J.S.A. 2C:24-8, N.J.S.A. 2C:24-9,
or N.J.S.A. 2C:33-4; or,
A.
If an applicant fails to meet the criteria of any section of Chapter 180 where such failure expressly requires summary denial, the Division Head must summarily deny the application.
B.
In all instances other than § 180-10F, if the Division Head of the Division of Taxi and Limousine Licensing after examination of the completed application finds that the applicant is fit, willing and able to perform such public transportation in accordance with the provisions of this chapter, the Division of Taxi and Limousine Licensing shall issue a license stating the name and address of the applicant, the date of issuance and the year, type and model of the vehicle; otherwise, the application shall be denied. In making the above findings, the Division of Taxi and Limousine Licensing shall take into consideration the character, experience and responsibility of the applicant.
C.
If the Division Head of the Division of Taxi and Limousine Licensing
upon consideration of the application determines that the applicant
is unfit or unable to perform the duties of a shuttle bus driver,
or if the applicant demonstrates behavior that is abusive, hostile
or otherwise inconsistent with the manner in which a person with regular
contact with the public should act, the Division of Taxi and Limousine
Licensing may deny or reject the application.
D.
If the application is denied or rejected, the applicant may, within
10 days of the date of denial, request a personal appearance before
the Division of Taxi and Limousine Licensing to offer evidence in
support of a request to reconsider his/her application. Such personal
appearance shall occur within 30 days of the date of request by the
applicant.
A.
No shuttle bus operator's license shall be transferred, assigned
or sold to any other person in whole or in part. Nor shall the license
be defaced, obliterated or mutilated.
B.
No shuttle bus operator's license shall be renewed unless all
outstanding tickets, summonses, judgments or tax liens of the holder
are satisfied in full.
A nonrefundable shuttle bus operator's license application
fee of $75 must be paid directly to the Division of Taxi and Limousine
Licensing before any application documents will be distributed or
considered by the Division of Taxi and Limousine Licensing.
A.
It shall be unlawful for a nonlicensed shuttle bus to pick up or
accept a passenger within the City for a destination within the City
limits.
B.
Shuttle busses licensed in other jurisdictions shall not discharge
passengers at a destination within the City unless the regular route
of the shuttle bus canvasses more than three other municipalities.
It is the responsibility of the owner and driver of such shuttle bus
to provide proof of the regular route acceptable to the Division of
Taxi and Limousine Licensing.
C.
Any person found to be guilty of violating any provisions of § 180A-14 shall be subject to a fine of not less than $1,000 and/or 180 days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the shuttle bus license for the first offense; and not less than $1,500 and/or 180 days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the shuttle bus license for the second offense; and not more than $2,000 and/or one-year imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the shuttle bus license for the third or subsequent offense(s).
A.
In addition to any summons(s) issued for a violation of this chapter,
a license issued under the provisions of this chapter may be revoked
or suspended for any of the following reasons:
B.
A holder of a license shall be entitled to notice and a hearing before
a Hearing Officer selected by the Corporation Counsel, if requested
in writing within five business days after receipt of notice of alleged
violations. The license holder shall be entitled to representation
by counsel and may present evidence in defense of the charges. The
Division of Taxi and Limousine Licensing shall present evidence in
support of the charges. At the conclusion of a hearing, the Hearing
Officer may either revoke or suspend the license, or dismiss the charges.
Any appeal of the decision of the Hearing Officer shall be made to
a court of competent jurisdiction.
C.
Any notice from the Division of Taxi and Limousine Licensing shall
be deemed sufficient if sent via certified and regular mail to the
mailing address furnished by the license holder to the Division of
Taxi and Limousine Licensing pursuant to this chapter. In the event
a licensee changes their mailing address, it is the licensee's
responsibility to notify the Division of Taxi and Limousine Licensing.
D.
Unless otherwise provided for within this chapter a violation of
a provision of this chapter shall be punishable as follows:
(1)
For a first offense, a minimum fine of $250 upon the driver with
a maximum fine of $500, and notice of the offense shall be sent to
the owner of the shuttle bus license;
(2)
For a second offense, a minimum fine of $500 with a maximum fine
of $750 upon the driver, and/or suspension of the driver's shuttle
bus operator's license; and a minimum fine of $250 with a maximum
fine of $500 upon the owner of the shuttle bus license;
(3)
For a third offense, a minimum fine of $750 with a maximum fine of
$1,000 upon the driver, and a mandatory suspension of the shuttle
bus operator's license for 30 days, with the option to revoke
the driver's shuttle bus operator's license; and a minimum
fine of $500 with a maximum fine of $750 upon the owner of the shuttle
bus license, and/or suspension of the shuttle bus license;
(4)
For a fourth offense, a minimum fine of $1,000 with a maximum fine
of $2,000 and mandatory revocation of the driver's shuttle bus
operator's license for a period of not less than five years;
and a minimum fine of $750 with a maximum fine of $1,000 upon the
owner of the shuttle bus license and mandatory permanent revocation
of the shuttle bus license.
Every shuttle bus driver licensed under this chapter shall post
his or her operator's license, the shuttle bus license and the
shuttle bus's current activity form in a glass or plastic enclosed
bracket within eye level of seated rear passengers and in a manner
as to be readily identifiable and legible. The Hoboken shuttle bus
license number shall also be displayed on a placard no less than eight
inches by 10 inches in size with lettering covering no less than 80%
of the placard so that the license number is clearly visible through
a window of the front or passenger side of the vehicle but does not
obstruct the view of the driver.
Every shuttle bus driver licensed and every shuttle bus license
holder under provisions of this chapter shall comply with all federal
and state laws and regulations and all City ordinances relating to
the use, operation and occupancy of motor vehicles and shuttle busses.
The failure to do so will be cause for suspension, revocation, or
other penalty as the Director determines.
A.
The City of Hoboken shall designate and identify by way of posted
signs official "Permitted Shuttle Bus Only" zones that shall be occupied
only by licensed shuttle buses properly displaying a Hoboken shuttle
bus license number and Hoboken permitted autobuses properly displaying
a Hoboken shuttle bus permit placard. All other on-street pickup and
dropoff locations other than those described in this section are prohibited.
B.
On-street pickup and dropoff locations not officially designated by the City of Hoboken as described in § 180-18A shall only be established with approval from the Division of Taxi and Limousine Licensing, after request by way of a notarized letter from the private property owner immediately adjacent to the proposed location for approval.
C.
Licensed shuttle busses shall not park on City streets, shall not
be left unattended at any time, and shall not receive a parking permit
of any kind from the City of Hoboken.
A.
Subject to the provision of this chapter and the rules and regulations
of the Division of Taxi and Limousine Licensing, shuttle busses may
display advertising on or above the rear bumper of the shuttle bus
and on the rear panel of the passenger side provided that such advertising
is properly framed and does not obstruct the driver's vision
or passenger windows.
B.
Shuttle bus companies not properly licensed to provide shuttle bus
service within the City shall not cause to be displayed any type of
placard, poster, sign, sticker or card advertising its transportation
services in public telephone booths, taverns, restaurants or other
public places in this City.
A.
The Division of Taxi and Limousine Licensing is hereby given the
authority and is instructed to watch and observe the conduct of holders
and drivers operating under this chapter. Upon discovering a violation
of this chapter, the Division of Taxi and Limousine Licensing shall
file a complaint with the Municipal Court and take any other action
consistent with this chapter.
B.
A vehicle owner who has been issued a shuttle bus license shall be
responsible for having said vehicle inspected at a State of New Jersey
inspection station pursuant to the laws of this state. Authorized
personnel of the City of Hoboken under the Division of Taxi and Limousine
Licensing may conduct on street inspections of such vehicles. The
inspector may order the vehicle owner to repair or take the vehicle
out of service until such vehicle is repaired.
Unless otherwise specified herein, any person violating any
provision of this chapter shall, upon conviction thereof before the
Municipal Court, be subject to a fine not exceeding $1,000 or to imprisonment
for a period not exceeding one year, or both, the amount of such fine
and imprisonment subject to the above limitation, to be determined
by the sound discretion of the Municipal Judge. In addition to the
aforementioned penalties, and as provided for herein, violations of
this chapter may subject the license to suspension or revocation as
provided for herein.
Any ordinances adopted concerning shuttle busses and shuttle
bus drivers previously adopted by the City of Hoboken are hereby specifically
repealed.
Should any part of this chapter be declared invalid all other
parts shall remain in full force and effect.
