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HomeMy WebLinkAboutHampton JitneyAPPROVED JULY 6' 1982 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION RECEIVE~ JUL ! 9 1982 ~i'own Clerk Seuthold CASE 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience and necessity to operate a bus line between the Village of Greenport ~own of Southold) and the City of New York. CASE 29653 - Petition of Hampton Jitney, Inc. for a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport {Town of Southold) to the Hamlet of Manorville (Town of Brookhaven), all in Suffolk County. APPEARANCES: Samuel B. Zinder, P,C., the Atrium, 98 Cutter Mill Road, Great Neck, NY 11021, attorney for Sunrise Coach Lines, Inc. Twomey, Latham & Schmitt, P,O. Box 398, 33 West Second Street, Riverhead, NY llgO1, attorney~for Hampton Jitney, IQc, F. E. UEBERWASSER, Administrative Law Judge: By petition verified November 16, 1981, filed with the Department-November 18, 1981, Sunrise Coach Lines, Inc. (Sunrise), West Front Street, Greenport, NY 11944, sought, pursuant to Section 149.5 of the Transportation Law, and was granted by order adopted November 24, 1981, a temporary certificate of public convenience and necessity for the operation of a bus line along a route between the Vi'llage of Greenport (Town of Southold) and the City of New York. By petition dated November 10, 1981, filed with the Department November 16, 1981, Hampton Jitney, Inc. (Hampton), Box 1167, Bridgehampton, NY 11932, sought, pursuant to Section 149.5 of the Transportation Law, and was denied by order adopted November 24, 1981, a temporary certificate of public convenience and necessi'ty for the operation of a bus line from the Village of Greenport (Town of Southold) to the Hamlet of Manorville (Town of Brookhaven), all in Suffolk County, to connect with its existing route running from Montauk to New York City. A report approved November 24, 1981, granting the temporary authority in Case 29651 and denying the temporary authority in Case 29653, states, "These applications appear {appeared) in the Weekly Bulletin of November 24, 1981, and so there has been no time for submission of possible protest. However, because Phone regarding the attached ord~er, please direct (518) ~57-566~. your Call to Cases 29651 and 29653 of the interest and support in having such type operation instituted, the applications are subject - to immediate consideration and d~sposltl'on. Hearing on these applications may hereafter be held on either or both applications, if necessary." Thereaftera public 'hearing was held on April 29, 1982, both petitioners appearing in opposition to a grant of authority to the other. Testimony in support of Sunrise's petition was given by Christa Brown, vice president of Sunrise; William Pell, supervisor - Town of Southold; William S. Allen, deputY mayor and trustee of the Village Board, Village of Greenport; seven public witnesses. In addition there were about 30 prospective witnesses in support of the Sunrise petition and it was stipulated these prospective witnesses would testify to the effect they would use the service of Sunrise with varying degrees of frequency. Testimony in support of the Hampton Jitney petition was given by James Davidson, president - Hampton Jitney. There were no other witnesses in support. Sunrise, including its predecessor, Robert R. Brown as an individual, is an established carrier who in Case 9216 was first granted authority by order adopted August 10, 1937, to operate a bus line between the Village of Greenport and Quogue, both in Suffolk County. In addition to the temporary authority it holds herein, it also holds in Case 16499 authority to operate a bus route between the Village of Greenport and East Hampton, all in Suffolk County, and incidental to such certificate a permit to transport special or chartered parties. It also holds a permit in Case 20481 as a contract carrier of passen- gers by motor-vehicle which includes authority for the transportation of chartered parties from Suffolk County to New York City and the Counties of Broome, Nassau, Orange, Putnam, Suffolk and Westchester. It has available for the proposed service two passenger vans, each with an adult seating capacity of 15 passengers, exclusive of driver, and two passenger coaches, each with seating capacity of 49 passengers. A consolidated balance sheet of Sunrise and Sunrise Buses, Inc., affiliated companies, as at December 31, 1981, indicates assets - $686,271; liabilities - $463,131; capital and retained earnings - $223,140. A consolidated income statement for the year ending December 31, 1981, indicates revenues - $909,010 and net income $24,011. Hampton is an established carrier which was first granted a temporary certificate of public convenience and necessity by order adopted June 20, 1974, in Case 27874 to operate a bus line between the Town of Southampton and Amagansett in the Town of East Hampton, all in Suffolk County. Under authority in Case 28032 it presently operates a bus line between the Town of East Hampton, Town of Southampton, Town of Brookhaven and New York City. It also holds in Case 28032 a permit authorizing the transportation of special or chartered parties inci- dental to the certificate. Its motor vehicle fleet consists of seven coaches with air-conditioning and lavatory, including five 46-passenger Eagle coaches and eight passenger vans each with a seating capacity of 15 passengers, exclusive of driver. Hampton did not submit a 'financial statement. Pursuant to the temporary authority granted by order ladopted November 24, 1981, Sunrise has been providing bus line service between Greenport and New York City, transporting in January 1982, 599 one-way passengers; in February 1982, 568 one-way passengers; in March 1982, 709 one-way passengers. Beginning in the -2- Cases 29651 and 29653 ¢ 0¢ Village of Greenport at Shelter Island Ferry Terminal on Third Street the route follows local streets through Greenport, along Middle ~oad, Main Road and Country Road to the Long Island Expressway (LIE) at Exit 70 and then along the LIE to New York City. After leaving Greenport stops are made at Southold, Cutchogue, Mattituck, and Rtverhead. After leaving Riverhead there are no stops until arrival in New York City. Scheduled time for the trip is 2½ hours. There are two round trips each d~, departing Monday through Friday from Greenport at 7:30 A.M. and 2:30 P.M. and departing New York City at ll:O0 A.M. and 6:30 P.M. Sunday departure from Greenport will be at 2:30 P.M. and 7:30 P.M. with return trips departing New York at 6:30 P.M. and 9:45 P.M. Adult one-way fares are $12 with an open return ticket priced at $10. The fare for senior citizens, college students and children under 12 accompanied by adult will be $10 one way. All seats are reserved and reservations mu~t be confirmed before 5:00 P.M. the day prior for morning trips and before noon of the same day for P.M. trips. Cancellations are accepted until 5:00 P.M. the day preceding the morning trip and noon of the same day for P.M. trips. There is a $5 charge for late cancellations and full-fare for no shows; however, Sunrise indicates that it has never implemented the penalty charge. Although it did not hold authority, Sunrise had originally commenced weekend operations on July 4, 1981, and started daily operations in September 1981. Sometime thereafter Sunrise was advised that it required authority from the Department of Transportation and ceased operations pending a determination of the temporary authority application. -The testimony of the seven public witnesses in support of the Sunrise petition is summarized to the extent they are all residents of the communities on the north fork of Long Island to be served by the proposed bus route; they all have used the services of Sunrise with satisfaction since grant of temporary authority; all would use Sunrise's services in the future with varying degrees of frequency, ranging from two round trips per week to one round trip every two months. Hampton Jitney proposes also to operate a round trip service to and from Greenport and New York City by providing a feeder bus service to connect with its existing route running from the south fork of Long Island to New York City. Hampton's route would begin in Greenport at the Shelter Island Ferry terminal and follow Route 25 westerly until reaching an intersection with Old Country Road {County Road 58} in Riverhead where it would turn on to Old Country Road and continue to the Long Island Expressway at Exit 70 (Manorville), then south 1,O00 feet to the Gateway Diner on County Road lll. After leaving the ferry terminal at Greenport, stops would be made in Southold, Cutchogue, Mattituck, Riverhead, and finally at the Manorville-Gateway Diner. The scheduled running time from Greenport to Manorville would be about 45 minutes with the entire trip to New York being 2 hours and 50 minutes. The year round schedule provides for three round trips daily leaving Greenport at 8:00 A.M., lO:O0 A.M. and 3:15 P.M., arriving at Manorville at 8:45 A.M., 10:45 A.M..and 4:00 P.M. During the months of July and August there would be two additional daily trips leaving Greenport at 6:10 A.M. and 6:00 P.M., arriving respectively at Manorville at 6:55 A.M. and 6:45 P.M. An additional westbound trip would be provided on Sunday only, leaving Greenport at 7:00 P.M. and arriving Manorville at 7:45 P.M. -3- Cases 29651 and 29653 During September through December the 6:10 A.M, trip will be made on Mondays only. All year round eastbound service will leave Manorville at l:O0 P.M. and 3:30 P.M., arriving respectively at Greenport at 1:45 P.M. and 4:15 P.M. Two extra trips departing Manorville at ll:30 A.M. and 8:30 P.M., arriving Greenport, respectively, at 12:15 P.M. and 9:15 P.M., will be made daily during July and August and on Mondays only between September through December. All of the above trips would connect with the existing service between New York City and Manorville which has westbound trips leaving Manorville at 6:55 A.M., 8:45 A.M., 10:45 A.M., 4:00 P.M., 6:45 P,M. and 7:45 P.M., with arrival times in Manhattan at 9:00 A.M., 10:30 A.M., 12:30 P.M., 5:30 P.M., 8:15 P.M. and 9:30 P.M. Eastbound trips leave Manhattan at lO:O0 A.M., ll:30 A.M., 2:00 P.M. and 7:00 P.M. with arrival times at Manorvtlle ll:30 P.M., l:O0 P.M., 3:30 P.M. and 8:30 P.M. Hampton would operate new~lS-passenger, air-conditioned National Custom Van mini buses for service from Greenport to Manorville where the passengers would then board lava- tory equipped coaches for the remaining portion of the trip into New York City. The proposed one-way fare is $12 with the return trip of $10. A $20 round-trip fare would be available to senior citizens, college students and children under 12 on Tuesdays, Thursdays and Saturdays. Service would be by reservation only by means of telephone in New York City and on the north fork. Discussion and Recommendation Both Sunrise and Hampton are established carriers, and there is little issue concerning their fitness and ability to perform the considered service. There is merit in both applications; however, to authorize operation by both carriers along routes which are essentially the same would result in an undesirable competitive situation. The record indicates that about 40 persons would use Sunrise's services with varying degrees of frequency; however, Hampton offers no evidence by public witnesses and, on the record, it would appear that the order in Case 29651 adopted November 24, 1981, granting authority to Sunrise and the order in Case 29653 adopted November 24, 1981, denying a grant of authority to Hampton should be affirmed. June 21, 1982 FEU:ARB -4- 1220 Washington Avenue, State Campus, Albany, New York 12232 JUL ~ B I§82 PRESENT: NEW YORK STATE DEPARTMEHTOF TRANSPORTATION William C. Hennessy, Commissioner At the Office of the Department of Transportation in the City of Albany on J~_l¥ 6, 1982 Edward J. Canty, Director, Regulation Division CASE 29651 - Petition of Sunrise Coach Lines, Inc, for a temporary certificate of public convenience and necessity to operate a bus line between the Village of Greenport (Town of Southold)and the City of New York, Sunrise Coach Lines, Inc., by petition filed November 18, 1981, having sought temporary authority to operate a bus line between the Village of Greenport and New York City and by order adopted November 24, 1981, the Commissioner having determined that such operations would serve the public convenience and necessity and said order having granted such authority, and thereafter a public hearing having been held and the Commissioner having further determined that the order of November 24, 1981, should be affirmed in all respects, it is 0 R D E R E D that the order adopted November 24, 1981, be and it hereby is affirmed in all respects. ~FE~:ARB By the Director, Regulation Division THOMAS 'B. TYRE~'~ ,/~ Transportation Executive Officer RECEIVE~ Town Clerl~ $out~old 1220 Washington Avenue, State C~mpu$, Albany, New York 12232 NEW YORK STATE DEPARTMENTOF TRANSPORTATION William C. Hennessy, Commissioner CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney~ Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southol~) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County, as descrfoed in petition filed November 18, 1981. March 16, 1982 TAKE NOTICE that the public hearing scheduled to be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, on Thursday, March 18, 1982, has been postponed to Thursday, April 29, 1982 at 11:00 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, NY, and will be continued on Friday, April 30, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division I~ECEIVE~ Town Clerk $outhold 1220 Washington Avenue, State Campus, Albany, New York 12232 NEW YORK STATE DEPART~ENTOF TI~$,NSPORTATION CASE 29651 Name of Petitioner: Nature of Petition: Sunrise Coach Lines, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line between the Village of Green- port (Town of Southold) end the City of New York, as described in petiticn filed November 18, 1981. February 19, 1982 TAI~ NOTICE %hat the public hearing scheduled to be held in the above mstter before F. E. Ueberwasser, Administrative Law Judge, on Thursday, March ~, 1982, has been postponed to Thursday, March 18, 1982 at ll:O0 A.M., at the ¥illa~e Hall, Justice Court Meetin~ Room, 236 Third Street, Greenport, and will be continued on Friday, March 19, 1982, if necessary. PAU~ D. REI.~ERT "ExecUtive Assistant Regulation Division · · NEW YORK STATE JAN 3 5 c. Henn*y. Commi.ioner ~ ~le~ ~shington Avenue, State Campus, Albany, New York 12232 ~ JAN 1982 Hon. Kenneth P. LaValle The State Senate Albany, New York Dear Senator LaValle: Thank you for your letter in support o£ the resolution of the Southold Town Board supporting the Sunrise Coach Lines, Inc. bus service between Greenport and New York City. To bring you up to date, Sunrise was given temporary authority to operate the line on November 18~ 19S1. The grant was based to a great extent on the support of the Southold resolution and similar resolutions passed in the town of Riverhead and the village of Greenport. You shotuld be aware that we have pending a second application to provide the same service. This application comes from Hampton Jitney, Inc. which presently provides a similar service between the South Fork and New York City. We will be holding a public hearing on March 4 in Greenport to take testimony in support of a grant of permanent authority, both applications will be considered at this hearing. Sincerely, W. C. HENNESSY Commissioner THESENATE STATE OF NEW YORK ALBANY SENATOR KENNETH P. LaVALL~ lstOISTRICT I thoughtyou might be interested in this material. Cordially, P,.ECEIVE~ FEB 2, 2, gBT_ ~'o~n Clerk $out~oJd 1220 Washington Avenue. State Campus, AIb~nv, New York 12232 DEPARTMEI~r;OF TRANSPORTATION CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney, Inc. Petitioner requests a temporary certificate of p~olic convenience and necessity to operate a bus line from the Villsge of Greenport (Town of Southold) to the hamlet of Msnorville (Town of Brookhaven), all in Suffolk County, as described in petition filed November 16, 1982. February 19, 1982 TAKE NOTICE that the public hearing scheduled to be held in the goove matter before F. E. Ueberwasser, Administrative Law Judge, on Thursday, March 4, 1982, has been postponed to Thursday, March 18, 1982 at ll:O0 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, and will be continued on Friday, March 19, 1982, if necessary. PAUL D. REINERT Executive Assistant ReEulation Division ~..~-r~-NEWYORKSTATE //-//'~_~ ,) William C. Henne~y, Commlmioner ~0w~ Ctel~ SI31~/Vashington Avenue, State Campus, Albany, New York 12232 CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus. line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County, as described in petition filed November 16, 1982. January 15, 1982 TAKE NOTICE that the public hearing scheduled to be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, on Thursday, January 28, 1982, has been postponed to Thursday, March 4, 1982, at ll:00 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, NY, and will be continued on Friday, March 5, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division RECEIVED To~m Clerk ~oul~ol'~ 1220 Washington Avenue, State Campus, Albany, New York 12232 William C. Hennessy, Commissioner CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County, as described in petition filed November 16, 1982. January 8, 1982 TAKE NOTICE that a public hearing will be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, NY, on Thursday, January 28, 1982 at ll:O0 A.M., and will be continued on Friday, January 29, 1982, if necessery. PAUL D. REINERT Executive Assistant Regulation Division ,JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 10, 1981 Robert D. Pike, Esq. Twomey, Latham & Schmitt P. O. Box 398 Riverhead, New York 11901 Dear Mr. Pike: Your letter of November 28, 1981 concerning the application of Hampton Jitney, Inc. to establish a new Peconic Jitney serving the Town of Southold was read at the December 8, 1981 meeting of the Southold Town Board. The Town Board on November 10, 1981 adopted a resolution supporting Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City, and transmitted a copy of this resolution to New York State Department of Transportation Commissioner Hennessy. On November 24, 1981 the Southold Town Board adopted a resolution reaffirming their resolution of November 10th and urging Commissioner Hennessy to grant a Permanent Certificate to Sunrise Coach Lines, Inc. in connection with the aforesaid bus transportation to New York City. Copy of both resolutions enclosed. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures TWOME:Y, /ATHAM '~' SCHMITT November 23, 1981 Mr. William R. Petl, Supervisor Town Board Town of Southold Main Road Southold, New York III Dear Mr. Pell: I am writing to ask you to help %nsure that the Town of Southold can get the best possible mass transportation system available. Over the next few weeks or months, two privately owned businesses, the Hampto~Jitney, 'Inc., our client, and the Sunrise Coach Lines will be seeking to establish regular bus runs from Southold to the City of New York. At the outset, I must make clear that we are not seeking your endorsement as the sole operator in the area. Nothing which we are seeking will affect any of the competition's existing business enterprise. We do not seek your endorsement as the sole New York run operator. What we do seek is a resolution of support for the idea of increased mass transit betweeen Southold and the City of New York and your consent to the application of the Hampton Jitney, Inc. to establish a new Peconic Jitney serving the Town of Southold. This will allow both companies to compete for the honor of serving the people of your town. Enclosed I have forwarded to you a proposed resolution which would accomplish this result, and which supplements the prior resolution which you passed pertaining to the Sunrise Coach operation. The Peconic Jitney service will the highly successful Southampton, and East be modeled after service in Brookhaven, Hampton. As the main carrier to File Mr. William R. Pell, November 23, 1981 Page Two III the East End over the last six years, the Hampton Jitney has the experience and spotless track record which will enable it to provide frequent and reliable service at economical prices. The Peconic Jitney operation will be using modern and economical mini-buses to carry commuters, tourists and businessmen to and from the North Fork. Extensive use will be made of the Jitney's modern rolling stock, including large, lavatory-equipped coaches. Many of these coaches provide hostesses and refreshments during the trip.. Again, all we ask in seeking your support for the enclosed resolution, is that you give us a chance to compete, a chance to present our case to the State and people of New York on an even'basis, and a chance to provide frequent, reliable and the high-quality service that we have provided to others to the People of the Town of Southold. If you believe the citizens of your town deserve the best possible mass transportation system, I hope you will support and pass the enclosed resolution at the next meeting of the Southold Town Board. Sincerely, Robert D. Pike RDP/lam ' · ',- 0¢ RESOLUTION NO. -1981 OF THE TOWN BOARD OF SOUTHOLD WHEREAS, the Town of Southold realizes the importance of efficient mass transportation between the Town and the City of New York; and WHEREAS, the Town Board of Southold believes it is in the best interests of the people of Southold to enable all parties interested in providing such services to present their petition with the consent of the municipality involved; and WHEREAS, the Hampton Jitney, Inc., an east end corporation which currently makes numerous runs to the City of New York from the east end of Long Island, proposes that a new "Peconic Jitney" be established to provide daily bus service between the Town and the City of New York; and WHEREAS, the Hampton Jitney has filed a Petition with the Commissioner of Transportation of the State of New York seeking a temporary certificate of public convenience and necessity to operate such a service; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold shall, and does hereby, give consent to the proposal of the Hampton Jitney, Inc. to establish the "Peconic Jitney" service between the Town of Southold and the City of New York. STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION APPROVED NOVEMBER 24, 1981 CASE 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience and necessity to operate a'bus line between the Village of Greenport (Town of Southold) and the City of New York. CASE 29653 - Petition of Hampton Jitney, Inc. for a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County. APPEARANCES: Samuel B. Zinder, P.C., The Atrium, 98 Cutter Mill Road, Great Neck, New York 11021, attorney for Sunrise Coach Lines, Inc., petitioner. Twomey, Latham & Schmitt, P.O. Box 398, 33 West Second Street, Riverhead, N. Y. 11901, attorneys for Hampton Jitney, Inc., petitioner. M. LIEBERMAN, Chief Administrative Law Judge: By filing of November 18, 1981, Sunrise Coach Lines, Inc. (Sunrise), with offices in Greenport, Town of Southold, seeks a temporary certificate to operate a bus line between the Village of Greenport and midtown Manhattan. By filing of November 16, 1981, Hampton Jitney, Inc. (Hampton Jitney), Butter Lane, P..O. Box 1167, Bridgehampton, N. Y. 11932, seeks authority to operate a bus line between the Village of Greenport and the Hamlet of Manorville (Interchange 70 on the Long Island Expressway). Hampton presently operates a bus line between the south shore points in the Hampton area and Manhattan and enters the Long Island Expresswa at Interchange 70. Accordingly, the Greenport-Manorville fork would ould you wish to inquire by \~tephone regarding the attached' yder: please direct your call to ~8) ~57~5664. Case 29651 & 29653 be extended by the operation along the Long Island Expressway into Manhattan. Accordingly, the applications herein propose essentially duplicate service. These applications appear in the Weekly Bulletin of November 24, 1981 and so there has been no time for submission of possible protests. However, because of the interest and support in having such type operation instituted, the applications are subject to immediate consideration and disposition. Hearings on these applications may hereafter be held on either or both applications, if necessary. The Sunrise application notes that it was made aware of a need for transportation between Greenport and New York City in the spring of 1981. It alleges "for all practical purposes," there is no rail service in the area. It proposes to operate air- conditioned modern van type equipment on its route. The route would generally follow along NYS 25 serving intermediate communities between Greenport and Riverhead, at which point the bus would operate in an express manner directly to midtown Manhattan. Accordingly, no intermediate point service will be available to communities west of Riverhead in Suffolk County or for any communities .in Nassau County. Sunrise proposes a schedule of two round trips, seven days a week. Monday through Saturday service will be offered departing from Greenport at 7:30 a.m. and 2:30 p.m. Return schedule calls for New York departures at 11 a.m. and 6~30 p.m. Estimated times for the entire trip is scheduled at two and one-half hours. Sunday schedule provides for a 2~30 p.m. and 7:30 p.m. departure from Greenport and a 6~30 p.m. and 9:45 p.m. departure from New York. Fares proposed include adult one-way fare of $12 with a $22 round trip. A $10 fare is offered to senior citizens, college students and children under the age of twelve. The Sunrise applica- tion was accompanied by Several letters in support thereof. Letters of support were submitted from the Supervisor of the Town of Riverhead, the Mayor of the Village of Greenport, the Town Clerk of the Town of Southold, the Secretary for the League of Women Voters of Riverhead/Southold, as well as several individual commuters. These letters indicated generally that the only other means of transportation is provided by the Long Island Rail Road but that its schedule does not permit for one day round trip business. Hampton Jitney's proposal essentially duplicates the service offered by Sunrise. Hampton is able tO offer this service in conjunction with its existing permanent bus line authority between points on the south fork (Hamptons) to New York City. Case 29651 & 29653 It is contemplated that, if necessary, it could physically dovetail the two operations for a more efficient operation. It would enter the Long Island Expressway in the Hamlet of Manorville, a point immediately west of P~iverhead. Its schedule proposes five round trips daily with one Sunday scheduled bus. Buses would depart from Greenport at 6:10 a.m., 8 a.m., 10 a.m., 3:15 p.m. and 6 p.m., with returns at 10 a.m., 11:30 a.m., 2 p.m. and 7 p.m. (The 6:10 a.m. and 6 p.m. buses from Greenport would be offered only during the sur~ner or peak season periods.) Existing bus line operation provided by Hampton allows for a Queens airport connection and such will be available for north fork resident passengers. Hampton notes it presently has authority to operate within the City of New York and offers fares which are similar to those proposed by Sunrise. Hampton indicates it has eight mini size vehicles available as well as full size lavoratory equipped coaches, that it is already authorized to operate within the City of New York, and that it has demonstrated feasibility and need by its operation of a similar service on the south fork. Discussion and Reco~t=~endation Two fit carriers have applied almost simultaneously for authority to operate essentially the same service. There is merit in both applications. Hampton Jitney has demonstrated its success and ability to provide such service in promoting and developing a successful commuter operation between the Hampton Bay area and midtown Manhattan. It holds consent from the City of New York to stop in midtown Manhattan. Its proposed schedule would appear to enable it to dovetail the existing south fork operation with the north fork operation. It additionally would offer a connection to John F. Kennedy Airport located in Queens. On the other hand, Sunrise, domiciled in Greenport, with permanent route authority on the north fork, has received and responded to a need in this area to New York City. It has the support and endorsement from the major communities from which it proposes to operate. It is additionally supported by several commuters residing in the north fork area. However, despite such indications of support, proof of demand for service can only be determined from experienced patronage. Due to the length of the operation and the time involved, it is hard to believe that there are many daily commuters who would be interested in this service. It is reasonably certain to expect that occasional use would be made of such service if it were available. Because of these elements, grant of authority to two bus companies could fragment the demand to the financial detriment to both. Both proposals are worthy of serious consideration by this Department. However, since Sunrise is the operator presently providing local service in the Greenport area and since it has the support from the involved -3- Case 29651 & 29653 municipalities, it would appear to be fitting to authorize this company to provide this service and to authorize such service on a temporary basis in an exclusive manner so as to insure it a maximum potential for financial success. It is accordingly recommended that the Sunrise application for temporary authority be approved and that concurrently the Hampton Jitney application be denied. November 24, 1981 ML ~pm -4- NEW YORK STATE DEPARTMENT OF I'RJWSFORTJ;ION William C. Henne~y, Commbaion~ 1220 Washington Avenue, State Campus, Albany, New York 12232 PRESENT: At the Office of the Department of Transportation in the City of Albany on November 24, 1981 EDWARD J. CANTY, Director, Regulation Division CASE 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience and necessity to operate a bus line between the Village of Greenport (Town of Southold) and the City of New York. Sunrise Coach Lines, Inc., by application filed November 18, 1981, having, sought temporary authority to operate a bus line between the Village of Greenport and New York City, and the Commissioner of Transportation having determined that in furtherance of an experimental or demonstration project, such operation would serve the public convenience and necessity t and that accordingly such authority should be granted, subject to the conditions hereinafter set forth over the routes, avenues and streets as set forth in the appendix attached hereto and made a part hereof, it is C E R T I F I E D that, upon the conditions hereinafter set forth and not otherwise, public convenience and necessity requires the operation of a bus line for the period hereinafter specified over the routes and through the communities as set forth in the appendix attached hereto and made a part hereof, and it is ORDERED: 1. That permission and approval be and it hereby is granted, subject to the conditions hereinafter set forth and not otherwise, to the operation by Sunrise Coach Lines, Inc. of a bus line to and including October 1, 1982, unless otherwise ordered by the Commissioner, between. Greenport (Suffolk County) and New York City, as described in the appendix attached hereto and made a part hereof. la. That within twenty days from the date of service of this order, Sunrise Coach Lines, Inc. shall file with this Department a duly verified certificate showing that a proper petition has been filed with the County of Suffolk and the City of New York for con- sent from said municipalities to the operation herein temporarily authorized which certificate shall set forth the date when each of said applications was filed. Case 29651 2. That Sunrise Coach Lines, Inc. is hereby permitted to operate through buses over two or more streets, avenues and public places set forth in the appendix attached hereto and made a part hereof, and to operate thereover in connection and in conjunction, with all existing operations pursuant to certificate from this Department, and to transport through passengers thereover. 3. That the authority herein granted shall create no presumption that corresponding permanent authority will be granted thereafter or that public convenience and recessity requires a permanent certificate of such operation. 4. That the operation of buses pursuant to the authority herein granted shall be subject to all the applicable provisions of the Transportation Law and the rules, regulations and requirements of the commissioner of Transportation. 5. That the requirement of 17 NYCRR 551.5 with respect to service of notice'upon competing carriers of the filing of this petition be and it hereby is waived. 6. That the grant of this temporary certificate of public convenien¢ and necessity for the operation of a bus line as herein set forth does no~ e~ se include authority to transport passengers pursuant to the provls~ns of Section 203(3) of the Transportation. Law. 7. That no operations shall be performed pursuant to the authority granted herein until the vehicle or vehicles to be used in such operation has or have been presented for inspection to a member of this Department's Traffic and Safety Division (Carrier Inspection Unit) and an appropriate certificate or certificates of inspection issued. 8. That no operations shall be commenced until an acceptable tariff covering the operations herein is on file with this Department. 9. That failure to comply with the provisions of the order may subject the authority herein to abrogation without further notice. 10. That this order shall become effective immediately. By the Director, .Regulation Division Transportation Executive Officer ML:pm -2- Case 29651 APPENDIX SUNRISE COACH LINES, INC. ROUTE DESCRIPTION ON Third Street Route 25 Moores Lane Middle Road Middle Road Middle Road Love Lane Route 25 Route 58 L.I.E. Third Ave. BETWEEN Bus Stop Third Street Route 25 Route 48 Hortons Lane Alvahs Lane Middle Road Love Lane Route 25 Midtown Tunnel AND Ferry Slip (Greenport) Moores Lane Route 48 (Middle Road) Hortons Lane (Southold} Alvahs Lane (Cutchogue) Love Lane (Mattituck) Route 25 Route 58 and Ostra~er ky. L.I.E. ~lvernE 37th Street & Third Ave. 78th Street Lexington Ave. 42nd Street Second Avenue 45th Street Lexington Ave. 42nd Street 42nd Street Second Avenue Midtown Tunnel RESTRICTION: Restricted to the pickup and discharge of passengers on and east of the intersection of Route 58 and the Long Island Expressway. IN THE /tATTER OF THE APPLICATION ) of HAMPTON JITNEY, INC. for a Temporary Certificate of Public Convenience and Necessity for the operation of a motor bus line from COPY PETITION the Village of Greenport, Town of ) ~'[~,,[ Southold, to. the Hamlet of Manorville,) : [;ii:'.':" Town of Brookhaven, County of Suffolk.) TO THE CO~4MISSIONER OF TRANSPORTATIO~ OF THE STATE OF The petitioner, HAPPEN JITNEY, INC.~ by its ~,:~,' .attorneys~ T~MEY, LATHAM & SCH~I~, respectfully states ~ as follows~ · '~:~'' FI~T~ ..The petitioner is a domestic cor~ration ,dul~ or~an~ze~ ~nd exis~tnq under and b~ virtue of the . Transportation Corporations Law of the State of New SECONDt Your petitione~ has been issued a permanent certificate of public conw~nience and necessity granted by the Department of Transportation, State of New York, in Case No. 28032'dated July 10, 1981 (Exhibi~..?A'). This certificate was granted allowing RECEIVED_ F 0V Z 0 'i98i Hampton Jitney, Inc. to operate a rouud-trip bus service from the Towns of East Hampton, Southampton, and Brookhaven to New York City on a sea~ional and year-round basis. THIRD: Hampton Jitney hereby requests permission to commence regular, year-round, daily, round-trip franchise bus service from the North Pork of houg Island to Hanorville with' a connection to its presently existing and certified service to Nev~ York City to provide an acceptable alternative to private passenger car travel. It proposes a moderately priced, express bus service which could operate without deficit, and stlpport~.its local franchise activities. FOURTH: The proposed route of i:he North Fork to Manorville service would, on the we~;tbound run, commence in Greenport, and terminate in Manorvil]e, Town of Brookhaven, County of Suffolk. The eastbound route would commence in Manorville and terminate in Greenport. The service, as outlined in the propo~ed timetable below, would provide a feeder mini-bus service between the North Fork towns delivering pas!~]gers to a location for transfer at Manorville to Hampton Jitney's luxury coaches which depart from Manorvill~? on a regular basis express to the City of New York. The proposed timetable is as follows: · -2- Westbound Sunday Only Leaving: A.M. A.M. A.M. P.M. P.M. P.M. ~REENPORT ~'~-~** ~717~* lDO* ~'~* ~1I~** 7~ SOUTHOLD 6:15 8:05 10:05 3:20 6:05 7:05 CUTCHOGUE 6:20 8:10 10:10 3:25 6:10' 7:10 MATTITUCK 6:25 8:15 10:15 ]:30 6:15 7:15 RIVERHEAD 6:40 8:30 10~30 3:45 6:30 7:30 Arriving: MANORVIbLE 6:55** 8:45** 10:45' .l:n0* 6:45** 7:45 *All year-round service for these ti.les only. **The 6:10 a.m. westbound and the 6:00 p.m. westbound will operate daily July/August and Mondays only September-December. Eastbound Leaving: A.M. P.M. P.M. P.M. MANORVILLE 1'~** ~5' '%:-~* ~-~** Arriving:. RIVERHEAD 11:45 1:15 ]:45 8:45 MATTITUCK 12:00 p.m. 1:30 l:00 9:00 CUTCHOGUE ~2:05 p.m. 1:35 4:05 9:05 SOUTHOLD 12:10 p.m. 1:40 4:10 9:10 GREENPORT 12:15 p.m. 1:45 4:15 9:15 *All year-round. **Daily, July-August; Mondays only, September-December. The above listed trips would connect with the existing certificated service between New York and Manorville, Manorville and New York, on the following schedule~ Westbound Leaving= A.M. A.M. A.M. P.M. P.M. P.M. Arriving: P.M. QUEENS AIRPORT CONNECTION 8:45 10:10 12:10 5:10 8:00 9:10 MANHATTAN 9:00 10:30 12:~0 5:30 8:15 9:30 Eastbouna MANHATTAN QUEENS AIRPORT CONNECTION Arriving: }4ANORVILLE A .~. A.M. P.M. P.M. 1~-?'~0' 1 ] :30 2.'-'0~' ~ 10:2'0 11:50 2:20 7:20 P.M. 1 ] :30 T:-0-~ 3:30 8:30 FIFTH: The llampton Jitney wou],l operate new fifteen-passenger, air-conditioned g.~t. io~al Custom Vans mini-bus for service along the North Fork feeding into the stop at Ms,orville, where passer,gets would then board lavatory-equipped coaches for tl%e trip into New York City under the Company's ex ist~](l authority. SIXTH: The route to be travele~] by the Hampton Jitney on the North Fork as describ,:.,~ in Exhibit B and indicated on the map attached as Exhibit "C#, is as follows: The trip would commence i~% '[~eenport and travel along Route 25 into Southold, then travel further in a westerly direction into Cutcho~uo, continuing On Route-25, into Mattituck, and th,.n, ,,!.o~] reaching the illterse~tion of Route 25 and Old Cou~try Road (County Road 58) in Riverhead, would turn on to Old Country Road, continuing on Old Country Road ~o the Long Island Expressway, Exit 70 (Manorville), theuce south 1000 feet to the Gateway Diner on County Road ~l~. The stops that would be made are listed below: Gre~.~port-North Ferry terminal; Southold; Cutchogue; Matt i*uck; Riverhead; Manorville-Gateway Diner. The mini--bus operation on the North Fork is desirable as the flex~l,[[ity offers the year-round traveler a fast, minimum--stop, comfortable service {~ and from an express term{,~us in Manorville. -4- embarkation 'majority of Manhattan. SEVENTH: Development of the mini-bus service which would feed into the existing Manorvil he connection on the certificatod New York/South Fork route would allow for a greater efficiency and economy o[ travel into New York for North Fork passengers. The North Fork mini-bus could make more trips at a lower vacancy rate than a full-size coach. This servicew which would feed into the New York runw can be provided at: a relatively low capital inves~ment. EIGHTH: The upper east side, central Third Avenue disembarkation route and 45th and Lexington Avenue point will be very appeal ing to the vast riders who are oriented to this area of Lexington and 45th Street embarkation points are presently used because of a good nubway and bus service to the central east side location and ,because there are a number of restaurants in the immediate vicii%ity and they are already approved as I{ampton Jitney eto~s by the Traffic Department of the City of New York. NINTH.' Hampton Jitney New York express service would provide moderately priced transportation at: $]2.00 one-way with an additio~al $10.00 for return trip. The $12.00 one-way fare would provide express service for the less budget-conscious tourist or two-home reside,~t, while the $22.00 t,~tal same-day -5- ~ound-trip fare would provide a reammably priced, fast and.COmfortable service to the more economy-minded day-tripper. A $20.00 round-trip fare would be available to senior citizens, colleqc students, and children under 12 on Tuesdays, Thur~';days and Saturdays. TENTH: The service would be by reservation only with New York and North Fork booking telephone lines. The Hampton Jitney presently has a ,:-mputerized reservation system with many South Pk~k and four New York City phone numbers. Additional North Fork local numbers would be added. ELEVENTHt The proposed schedule? full day in New York for appointmenl:~;, would provide a lunch, shows with an early dinner in New York, or a late supper on the North Fork after return. The 9~00 a.m. and 10:30 a.m. arrival times would also be suitable for business travelers and non-commuters. The frequency of departures from the North Fork would allow great flexibility for morning (6~10, 8:00 and 10:00) and afternoon and evening (3:15, 6:00 ami 7:00) traveiers. TWELFTE~ The proposed service would provide an acceptable alternative to the privat? car, not available at present in keeping with the naticmal energy policy. THIRTEENTH: The company has a3.>quate equipment to operate the service with eight vehicles of the mini-bus -6- size and five vehicles which are lav;n:ory-equipped coaches with a carrying capacity of '{9 to 46 passengers each with more equipment on order scheduled for 1982 delivery. FOURTEENTH: The approximately two-hour drive from .the North Fork to New York is arduo.,n and undesirable to many travelers, especially day-tripp~:~s, and used often because of a lack of an acceptable alternative public transportation mode. FIFTEENTH: There is considerable travel.between New York and the North Fork on a daily basis year-round as many people have residences in ~th locales and many more are ex-New Yorkers that still vi.-~Jt regularly for medical attention, work, shopping and visiting. SIXTEENTH: The area has severe traffic congestion problems and public transportation alternatives need to be developed {beside national energy considerations). SEVENTEENTH~ The need and feasibility of such a service has been demonstrated, by the overwhelming success of a similar service operated by the petitioner on the South Fork. EIGHTEENTH: The area is dependent on a tourist influx but has weak public transportation to offer the tourist at present. -7- NINI~TEENTH: Public transporLat~,~n from the North Foist of Long Island to New York Cit7 (approximately 80 m~les} ~s at ~resent lim~te~ to the L~ng service w~ch is infe~ior ~nsof~r as: regular sche~u~e~ t~aveling time ~tween Greenport and Penn Statio~ three hours and one minute (frequenl' delays occur)~ changing trains or changing to a bus is required in Babylon o= J~aica; old equi~ent, or, ten in poor repair and cleanliness, is often used on the run from Babylo6 eas~; schedule frequency and timing ~s poor and not s~ited to all travelers. TWENTIETH: The territory trave],~d by the pro~sed ~ne i~now served by the following ~';~ilroad: The Long Island Railroad Division, Metropo[i[.~,~ Transportation Authority, ~700 Broadway, New York, N.Y. TWENTY-FIleT= A temporary cert~ f[cate of 'convenience a~d necessity is being ~][,]~lied for in order to ~o~ence operations of this fran(~h[se at the earliest ~ssible date. ~-SECOND: Since this is ~n application for a temporary certificate, no prior conse~t is required and petitio~mr w~ll, if this temporary certificate graBted, pursuant to the provisions.of Subsection b of paragraph 5 of Section ]49 of the T]'a~sportation Law, -8- file a proper petition with the appropriate officer of the County of Suffolk. TWENTY-THIRD: Based on its prior record of reliable service to the South Fork, ~md the many things it has learned about seasonal and full-year operation to the South Fork of Long Island, it i:~ well equipped and well experienced to provide quality transportation "' ~ service for the people of New York City and the North Fork on a seaonal and year-round ba:~in. It has the reservation capacity and rolling stock capacity to provide low-cost, comfortable transportation for large numbers of people to and from New Yo~ k City to the North Fork with frequent departures and with the flexibility to add additional sections on a sin(lc departure time when reservations indicate that such would be required to accommodate all those intendinq to use such departure. The Hampton Jitney has trained, experienced personnel to provide high-quality s{~rv]ce and is able to provide, through its prior certifica~..ion, a connection '-,' with the Queens airports for North ~.nd South Fork '!:., travelers. · TWENTY-FOURTH: Neither Applicant , nor any of -~. officers or directors have been convicted of any its -9- violation of any provision of the Int:(~cst:ate Commerce Act,' or been sued for a penalty or iniunction under the provisions of the Public Service Law or the Transportation Law. WIiERBFORE, your petitioner pra~i for the issuance of the Commissioner of Transportation of a temporary certificate of public convenience, and necessity for the maintenance and operation of a motor busline upon and over the streets, avenues and highways as set forth i~ paragraph "SIXTH" of this petition ,md for such other and further relief as may be just and equitable. November 10, 1981 Yours~ ~3t C. TWOMEY, t,ATHAM & SCHMITT Attorneys for Petitioner 33 West 2nd Street P.O. Box ]98 Riverhead, N.Y. ~1901 -10-