No. MC-3647 (SUB-No. 7)1

PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY CHANGE OF ROUTE-BERGEN TURNPIKE

Submitted July 22, 1943. Decided July 21, 1944

1. In No. MC-3647 (Sub-No. 7), present and future public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, over a regular route between Fairview and Union City, N. J., serving all intermediate points.

2. In Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3), public convenience and necessity found to require operation by Manhattan Coach Lines, Inc., or by Manhattan Transit Company, but not by both, as a common carrier by motor vehicle of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers, over a regular route between Fairview and Weehawken, N. J., for operating convenience only. serving no intermediate points. Applicants required to make an election within 60 days after the service of this report as to which one of the two shall receive the certificate.

3. In Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3), public convenience and necessity found to require operation by Westwood Transportation Company or by Westwood Transportation Lines, Inc., but not by both, as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers over a regular route between Fairview and Weehawken, N. J., for operating convenience only, serving no intermediate points. Applicants required to make an election within 60 days after the service of this report as to which one of the two shall receive the certificate.

4. In No. MC-13492 (Sub-No. 4), public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, over a regular route between Fort Lee and North Bergen, N. J., serving all intermediate points.

5. Issuance of certificates to the respective applicants approved upon compliance with certain requirements, and applications in all other respects denied. Leland Taliaferro for applicant in No. MC-3647 (Sub-No. 7) and protestant in Nos. MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub-No. 3), MC-3705 (Sub-No. 3), and MC-13492 (Sub-No. 4).

Wilmer A. Hill and George M. Eichler for applicants in Nos. MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub-No. 3),

This report also embraces the applications described in the appendx hereto.

and MC-3705 (Sub-No. 3), and protestants in Nos. MC-3647 (Sub-No. 7) and MC-13492 (Sub-No. 4).

Theodore C. Baer for interveners and protestants and John F. Finerty for interveners in Nos. MC-3647 (Sub-No. 7), MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub-No. 3), MC-3705 (Sub-No. 3), and MC-13492 (Sub-No. 4).

Wiliam E. Barrison for applicant in No. MC-13492 (Sub-No. 4) and interveners in Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3).

Frederick E. Reithmuller for intervener in Nos. MC-3647 (Sub-No. 7), MC-3699 (Sub-No. 3), and MC-3700 (Sub-No. 3), and for protestant in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3).

Grover James, James F. X. O'Brien, and Maurice J. Cronin for protestants in Nos. MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC3701 (Sub-No. 3), and MC-3705 (Sub-No. 3).

Morton Lexow for interveners and protestants in Nos. MC-3647 (Sub-No. 7), MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub No. 3), and MC-3705 (Sub No. 3).

Henry P. Goldstein for protestants in Nos. MC-3647 (Sub-No. 7), and MC-13492 (Sub-No. 4).

George F. Cassidy for applicant in No. MC-13492 (Sub-No. 7) and protestants in Nos. MC-3701 (Sub-No.3) and MC-3705 (Sub-No 3). William H. Blake for protestant in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3).

Donald M. Waesche and Francis V. D. Lloyd for interveners in Nos. MC-3701 (Sub-No.3) and MC-3705 (Sub-No. 3).

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON

BY DIVISION 5:

This report covers the six related applications listed in the appendix. Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3) were heard on a consolidated record and were the subject of a single report and recommended order by a joint board. The same is true of Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3). The two remaining applications were heard separately and were the subjects of separate reports and recommended orders by a joint board.

Exceptions to reports and recommended orders of the joint board and replies thereo were filed as follows: In No. MC-3647 (Sub-No. 7), by protestant motor carriers and applicant replied; in Nos. MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), and Nos. MC-3701 (Sub-No. 3), and MC-3705 (Sub-No. 3) by applicants and by protestant motor carrier, and replies were filed by each to the exceptions of the other; and

in No. MC-13492 (Sub-No. 4) by protestants to which applicant replied. The township of Teaneck and the village of Ridgefield Park were allowed to intervene in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3) after service of the report and recommended order of the joint board. Our conclusions differ in part from those recommended in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3).

By application, No. MC-3647 (Sub-No. 7), filed June 21, 1939, as amended, Public Service Interstate Transportation Company, a corporation, of Newark, N. J., (hereinafter called Public Service) seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, between the intersection of Broad and Fairview Avenues, in Fairview, N. J., and the intersection of Hudson County Boulevard, Bergen Turnpike, and Thirty-second Street, at the North Bergen-Union City, N. J. line, over the route described in the appendix hereto, serving all intermediate points.

By applications, Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3), filed June 28, 1939, as amended, Manhattan Coach Lines, Inc., and Manhattan Transit Company, a corporation, both of Clifton, N. J., (hereinafter sometimes referred to collectively as Manhattan) seek certificates authorizing operation as common carriers by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of light express, mail, and newspapers in the same vehicle with passengers, over a regular route between Fairview, N. J., and Weehawken, N. J., as described in the appendix hereto, serving all intermediate points.

By applications, Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3), filed July 29, 1939, as amended, Westwood Transportation Company, a corporation, and Westwod Transportation Lines, Inc., (hereinafter sometimes referred to collectively as Westwood), both of Little Ferry, N. J., seek certificates authorizing operation as common carriers by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers over three regular routes, (1) between Fairview and Weehawken, (2) between Palisades Park, N. J., and Fairview, and (3) between Ridgefield Park and Hackensack, N. J., all as described in the appendix hereto.

By application, No. MC-13492 (Sub-No. 4), filed August 19, 1942, as amended, North Boulevard Transportation Co., (hereinafter called North Boulevard) a corporation, of North Bergen, N. J., seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, between Fort Lee, N. J., and North

Bergen, over a regular route, as described in the appendix hereto. Certain rail and motor carriers oppose the application.

For convenience the requests for authority to operate between Fairview and Weehawken and between Fairview and Union City will be discussed under the heading "Tonnelle Avenue Extensions;" that portion of Westwood's application seeking authority to serve Teaneck, N. J. will be discussed under the heading of "Teaneck Extension;" and the remaining portion of the Westwood application and the North Boulevard application will be discussed under the heading of "Bergen Boulevard (New Jersey Highway S-1) Extensions."

TONNELLE AVENUE EXTENSIONS

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No. MC-3647 (Sub-No. 7).-By this application Public Service seeks authority to operate between the intersection of Broad and Fairview Avenues, in Fairview, and the intersection of Bergen Turnpike, Hudson County Boulevard, and Thirty-second Street at the North Bergen-Union City Line, over Broad Avenue, Tonnelle Avenue (formerly a portion of Bergen Turnpike), and Bergen Turnpike, serving all intermediate points, in lieu of its present route between the same termini, over Fairview Avenue and Bergenwood Road in Fairview, and Bergenwood Avenue and Hudson County Boulevard in North Bergen and Union City. It has no authority to serve intermediate points on the Hudson County Boulevard portion of its present route. In 1804, the predecessor of Public Service opened a toll road, known as Bergen Turnpike, between Hoboken and Hackensack, N. J., through Weehawken. Substantially the entire proposed route follows a portion of the original toll road. In 1890, tracks were laid along the toll road and a streetcar operation was conducted by applicant's predecessor in conjunction with its toll road. About 1912, the collection of tolls on the road was discontinued. In 1915, the Bergen County portion of the road was turned over to Bergen County, and subsequently the Hudson County portion was turned over to Hudson County. Streetcars were operated by applicant over the route which corresponds to the one now proposed until 1927, when busses were substituted for the operation between Union City and Fairview, and streetcar service was abandoned between Hoboken and Union City. Intrastate operation over this route has continued to the present. Sometime after 1927, Public Service received intrastate authority from the Public Utility Commission of New Jersey to operate certain bus schedules over Hudson County Boulevard and Bergenwood Avenue

* Formerly Dallytown Road.

'Public Service Coordinated Transport, a corporation, of which applicant, Public Service Interstate Transportation Company, is a wholly owned subsidiary, conducts operations over intrastate routes in New Jersey and will also be referred to hereinafter as Public Service.

between Union City and Fairview, serving no intermediate points. Later, in 1938, it obtained authority from the Public Utility Commission to reroute these intrastate operations, moving them from Hudson County Boulevard to Bergen Turnpike (now Bergen Turnpike and Tonnelle Avenue), and use of the Hudson County Boulevard route between Union City and Fairview was discontinued. When the change was made, applicant was also operating under appropriate authority interstate service between Fairview and points north and west thereof, on the one hand, and New York City, on the other, in part over Bergenwood Avenue and Hudson County Boulevard between Fairview and Union City and through the Lincoln Tunnel (hereinafter called the tunnel), serving no intermediate points on Hudson County Boulevard. Thus, passengers originated by applicant's intrastate schedules at points on Tonnelle Avenue or Bergen Turnpike desiring to reach New York through the tunnel were required to transfer at Union City to applicant's interstate schedules or to other carriers. In order to permit through interstate service between points on Tonnelle Avenue and Bergen Turnpike, on the one hand, and New York, on the other, applicant by the instant application seeks authority to reroute its interstate operations from its Hudson County Boulevard route between Fairview and Union City over the Tonnelle Avenue route and to serve intermediate points thereon.

Over its present Hudson County Boulevard interstate route, Public Service now is rendering hourly service, with additional service during rush hours. On its Tonnelle Avenue intrastate route, it renders a 30-minute service, with increased service during rush hours. If the instant application is granted the interstate and intrastate schedules will be arranged so to render an evenly spaced service along the proposed route. The total time between intrastate and interstate terminals will not be materially affected.

As proof of public convenience and necessity, Public Service relies upon the testimony of its general manager in charge of traffic, and a traffic check made by him. The traffic check consisted of a count of the passengers picked up along the Tonnelle Avenue portion of the proposed route by Public Service's intrastate busses. It was determined that of 1,144 passengers who boarded such busses in 1 day, 532 were discharged in Union City and 100 in Journal Square in Jersey City. At Union City, passengers desiring to travel to New York City may board the interstate busses of Public Service or those of a number of other companies which operate through the tunnel, some of whom are protestants herein. At Journal Square, such passengers may take the Hudson & Manhattan Railroad tubes to New York City. On the basis of the figures listed above, Public Service arrives at the con

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