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6 N.J.A.R. 285

Camptown, Inc. For the Issuance of a Certifi- cate of Public Convenience and Necessity, In the Matter of Petition of
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Citation: 6 N.J.A.R. 285
Decision Date: 1982
Agency: DEPARTMENT OF TRANSPORTATION
Synopsis: Petitioner was issued a Certificate of Public Convenience and Necessity to operate a regular bus route from Union and Middlesex counties to Atlantic City. Subsequently, Suburban Transit Corp. filed a motion to review the matter and intervene on the grounds that it was not served with a copy of petitioner's petition as required by N.J.A.C. 14:1-6.7(b) and that the public notice published by petitioner was defective since it did not indicate three of the municipalities which were to be served on the route. The administrative law judge noted that in determining whether a Certificate of Public Convenience and Necessity would be issued, the effect on existing service along with the financial ability of the peti- tioner would have to be considered. The judge determined that Suburban Transit's existing service from Plainfield and South Plain- field was more than adequate and thus denied petitioner's request for a route along those lines. A route from the Middlesex mall was approved since the judge determined that there was more than ade- quate public interest to provide a market. A route from the Dunellen and Piscataway area was approved based on the judge's determination that public testimony clearly supported a finding that petitioner served the public in a more efficient fashion in that area than did Suburban. In addition, Suburban had failed to show that it would be substantial- ly and prejudically affected by the operation of petitioner's route in the area. While the judge found that petitioner had earlier operated along its route in violation of a Department of Transportation order, this did not detract from its fitness to provide service in the best interest of the public. The judge did however, impose a fine on petitioner for its failure to comply with the Department's order. In Re: Camptown, Inc. Benjamin L. Bendit, Esq., for petitioner (Bendit, Weinstock & Sharbaugh, attorneys) Michael J. Marzano, Jr., Esq., for intervenor, Suburban Transit Corp.