Photo by Alexis Tarrazi

(Dec. 3, 2009, 9:40 a.m.) — For John D. Ammirati of Lyndhurst and Michael Frees of Carlstadt, bus transportation is a vital part of their daily living. Yet they complain public policy has made the seemingly simple task of hailing a bus, in getting from point A to point B, an almost impossible task.

The solution to Ammirati’s dilemma is a bit more daunting than Frees’.

Ammirati will need state legislators to amend a law pitting the 51-year-old cancer patient against powerful interests within the state’s privately-owned commuter bus carrier lobby, represented locally by DeCamp Bus Lines of Montclair, as well as state-owned New Jersey Transit.

This law forces Ammirati, and other bus takers living in the southwest quadrant of Lyndhurst, to wait (potentially for hours) for DeCamp’s No. 32 line to pick them up. The marked stop is near the corner of Riverside and Page avenues.

They must wait, even as drivers, operating NJ Transit’s much more frequent No. 192 line, simply bypass them.

The reason for NJ Transit’s snub?

State law says commuters at the stop must do business exclusively with DeCamp, since it established the line before the launch of NJ Transit, or its precursor, Public Service.

Thus, NJ Transit’s No. 192 (New York to Clifton) can pass through, but cannot pick up on, DeCamp’s No. 32 (New York to Lyndhurst/Nutley) route.

These particular commuters must wait for a DeCamp bus — even if the family owned 139-year-old carrier, launched during the days of the stagecoach, offers far fewer buses or opted earlier to reduce availability for cost-cutting reasons.

Only DeCamp could decide if it wanted to increase local service, an unlikely proposition.

As for Frees, he simply wants East Rutherford’s governing body to restore a wooden bench it removed about two years ago, from Paterson Avenue in front of the Pantry One convenience store, for reasons unclear to him.

If it refuses, he would then like the governing body to work with NJ Transit on establishing a bus shelter.

Like Ammirati, Frees, 57, has mobility issues. He told The Leader he underwent hip replacement surgery about three months ago and must endure pain in having to stand for buses. He noted that other commuters, including senior citizens, either stand or sit on the curb.

While their fights for change involve different levels of government, Frees and Ammirati alleged they have one common thread: resistance to making any.

Ammirati vows to press on; DeCamp asserts its rights

Despite NJ Transit’s marketing efforts in promoting mass transit, Ammirati charged NJ Transit “is not the way to go” in certain neighborhoods — and has no interest in better serving commuters affected by the law.

He alleged the agency is colluding with private carriers in protecting the status quo.

“It’s unbelievable, it’s insane,” said Ammirati, who views his roughly 20-month battle as a fight both to end discrimination against a whole section of Lyndhurst and promote accessibility for the handicapped. “This town spent $1 million to install a new swimming pool, yet it cannot figure out a solution for a simple bus stop.”

“I’m making great progress in this fight on my own and would never approach any of the state legislators, directly, because I simply don’t have faith in them,” the angry commuter continued. “Their first question would be, ‘What’s in it for me?’ ”

“Yet you’d think our own township committee, which has closer access to these politicians (state lawmakers), would directly appeal to them in trying to help our community,” Ammirati added. “For some reason, it isn’t.”

Ammirati claimed he was advised, by an NJ Transit official, based in the Port Authority Bus Terminal, that the agency will arrange a public meeting with DeCamp in Lyndhurst to discuss community concerns.

NJ Transit spokeswoman Courtney Carroll said she had no information on NJ Transit’s arranging such a meeting.

The law

State lawmakers would need to amend a provision in the New Jersey Public Transportation Act of 1979, which established the New Jersey Transit Corporation. Current law states that it “is desirable to encourage, to the maximum extent feasible, the participation of private enterprise and to avoid destructive competition in the provision of public transportation services.”

The virtues of convenience and choice, for Ammirati and other commuters, simply do not apply. Instead, backers of the current law maintain it benefits commuters throughout New Jersey by protecting the private bus carriers’ business interests — assuring their continued existence.

The differences in weekday local service between the two lines are striking. DeCamp, which primarily caters to New York-bound commuters, only offers weekday rush-hour service for the No. 32.

Short of trying to find an NJ Transit 192 stop, based on DeCamp’s No. 32 schedule, Lyndhurst’s Clifton-bound commuters face a seven-hour service gap.

Morning service, at the intersection of Valley Brook Avenue and Ridge Road, ends at 8:07 a.m.; it does not resume until 3:07 p.m.

In contrast, the No. 192 makes frequent weekday morning runs to Clifton. At the intersection of Chubb and Valley Brook avenues, it stops at 8:57, 9:17, 9:37 and 10:36 a.m.

“We don’t run over New Jersey Transit’s lines, nor do we want New Jersey Transit running over ours,” explained DeCamp Vice President Gary Pard, in defending the law. “That would be bad for our business.”

Pard claimed Ammirati can opt to try finding an NJ Transit No. 192 stop, not on DeCamp’s route, “close to his home.”

According to Ammirati, apparently weakened physically by his roughly two-year battle with cancer, there isn’t any.

“The closest (non-competing stop) is on White Terrace in Nutley,” he claimed. “I would have to walk over the (DeJessa Memorial) bridge, to get to it, and the stop has no sidewalks.”

“I just don’t see why I have to wait around for a DeCamp bus to take me over to Clifton Commons, when New Jersey Transit’s schedule gets me there much faster,” complained Ammirati, referring to the popular area shopping mall, full of retail stores, restaurants and a large movie theater. “There are also numerous senior citizens, in this part of Lyndhurst, who shop in Clifton Commons.”

NJ Transit, elected officials respond

Carroll said the situation remains unchanged since a prior Leader article pointing out the conditions ran in early 2008; the law places the ball for any service improvements squarely in DeCamp’s court.

Yet DeCamp, unlike the state’s mass transit agency, is not obligated to hold public hearings on a regular basis.

“NJ Transit does not compete with private carriers,” Carroll wrote. “It will step in to provide service where it has been abandoned or degraded, but otherwise does not encroach upon private carrier territory. Years ago, NJ Transit implemented a detour route on the 192 line due to construction on the River Road Bridge in Clifton.”

“The routing along River Road to Park Avenue to Riverside Avenue falls in DeCamp territory,” Carroll added. “So the resident should contact DeCamp.”

Carroll further explained that the No. 192 only passes near Ammirati’s stop because NJ Transit and DeCamp previously agreed to let it move through DeCamp’s “exclusive territory” only as a detour.

She wrote that NJ Transit decided to keep the route for “efficiency reasons,” but was barred from picking up any passengers falling within DeCamp’s “exclusive zone.” It falls between River Road, at White Terrace in Nutley, and Park Avenue at the railroad overpass in Lyndhurst.

In a prior Leader interview, Carroll described the situation as “a very rare occurrence.” At the time, she claimed NJ Transit could only step in if DeCamp’s service in the region was “significantly degraded,” apparently not the case yet.

Mayor Richard DiLascio alleged Ammirati is falsely portraying the township board of commissioners as the bad guys, though, he claimed, it has no power to reverse the situation.

“He’s saying derogatory things about us but I wish he realized we are not unsympathetic to his plight,” the mayor insisted, noting that NJ Transit and DeCamp presented contracts to the board upholding DeCamp’s position. “Under our municipal charter, the township committee is not responsible for providing commuter bus service.”

DiLascio added that does not mean the board will stop pursuing avenues to help Ammirati if possible. “We certainly can contact the state legislators to see if they can help change the situation,” the mayor said, when broached about the idea.

In fact, an aide to state Sen. Paul Sarlo (D-36) told The Leader the senator is aware of the situation affecting Ammirati’s region, and wants to bring about changes, so DeCamp and NJ Transit take notice and give bus commuters there more options.

“He believes the matter needs to be addressed,” said Chief of Staff Chris Eilert. “And he believes the best way to do that is by sponsoring legislation, which he plans to introduce in January.”

Further, Eilert said Sarlo was generally aware of some legislative proposals designed to reform the current law. A spokeswoman for state Sen. Jennifer Beck (R-12) noted that her boss has some constituents facing similar problems — in a district spanning Monmouth and Mercer counties — and has worked on trying to pass bills since 2008.

She said Beck is currently pushing a bill establishing a “bill of rights for customers of privately-operated motorbus regular route services.”

Further, it creates an “Office of the Advocate for Private Commuter Bus Services Consumers.” Among other things, the office would be tasked with enforcing rules assuring private carriers are obligated to adhere to a published schedule, operate a sufficient number of buses to accommodate all customers and provide adequate notice regarding any changes in fares or service.

Such consumer rights are spelled out in the bill, which also allows the state Attorney General’s Office to pursue complaints against serious violators.

“At this point, we’re trying to get the bill ... posted in the senate transportation committee,” Beck’s spokeswoman Layli Smith said. “We’re continuing to try and get it posted. It’s still very much on the senator’s radar.”

Assemblyman Fred Scalera  (D-36) and a spokeswoman for Assemblyman Gary Schaer (D-36) said they would be interested in examining the matter if approached.

“The issue of providing adequate commuter bus service is a problem affecting the entire state,” said Scalera, who cautioned he was not aware of the specifics of Ammirati’s case, but claimed his hometown of Nutley has lost numerous lines, including those run by DeCamp, due to service cuts through the years.

“If he wanted us (legislators) to examine the contracts between NJ Transit and DeCamp, we could do that and see if there was a solution,” Scalera said.

“Any constituent concerned about the issue should set up an appointment with our office,” said a Schaer spokeswoman, explaining that her boss believes the existing law was partially set to help private carriers cover gaps in NJ Transit bus coverage. She said it may need to be reviewed if it is actually hampering service.

East Rutherford shelter

Frees vows to aggressively pursue the Paterson Avenue shelter.

As opposed to having to lobby lawmakers in Trenton, Frees must persuade East Rutherford officials to either lay down a new bench or secure a shelter from NJ Transit.

“I’ve been trying to find out why the bench was taken away, after so many years, and have not gotten a definitive answer,” said Frees, citing discussions held with two elected officials, including Mayor James Cassella. “The mayor is a nice man, who I’ve known for years through church. I just wish he could state the reason and restore the bench. It’s very easy to put back in place.”

Frees speculated the council simply no longer wants the responsibility, or to bear any expense or labor for maintaining the bench.

If the council continues rejecting reinstating the bench, Frees, who uses the stop to take NJ Transit bus 163-164 and 703, urged the council to broach the agency on providing a shelter — as NJ Transit has on the other side, by Henry P. Becton Regional High School.

“An enclosed shelter would be an upgrade because riders, including seniors, would be better protected from bad weather,” he explained. “They wouldn’t have to stand back by the convenience store, in such situations and potentially miss buses passing the stop.”

Cassella made no mention of the bench issue, when told of Frees’ concerns, though he was aware of the Carlstadt resident’s desire for a shelter.

Frees said the mayor is fully aware about his concerns over the bench.

“He, and any other concerned citizens, must petition New Jersey Transit on any shelter request,” Cassella said. “The agency would then evaluate the request before deciding whether to officially contact us. If they did, we would then review the matter.”

Carroll verified Cassella’s recommendation in her e-mail.

"NJ Transit did not provide the bench that was at this location,” she wrote. “However, if it is a designated bus stop location and there is proper spacing, we would be glad to provide a replacement if the community requests it — provided the community agrees to take possession of it.”

Carroll cited NJ Transit’s Bus Stops and Shelters Program, where the agency “supplies shelters at no cost to the communities requesting them, provided they agree to accept responsibility for maintenance and liability. ... Once installed, they become the property of the municipalities.”