MARVIN MANDEL, Governor                          435

(b), (c), (d), or (e) of this section unless the mass transportation
system affected or involved earns a reasonable return on its opera-
tion as a whole in performing mass transportation which is subject
to the provisions of this Article and, in determining whether or not
a mass transportation system is earning a reasonable return on its
operation as a whole, the prudent operating ratio formula, where
applicable, may be used as a standard.

88A. Substitution of Commission for former Metropolitan Transit
Authority.

In order to provide for the orderly transfer of jurisdiction from
the former Metropolitan Transit Authority to the Commission over
the transportation and persons engaged therein specified in Sec-
tion 56A of this Article.

(a)    Authority's records to be made available to Commission.
The former Metropolitan Transit Authority shall make available to
the Commission, and its agents and employees, for examination,
inspection, study or reproduction, any and all records, papers, docu-
ments, data, information, decisions, and any and all other material
which the Authority has in its possession or control in connection
with or relative to any mass transportation system which has in
the past or now is being operated and maintained in the area.

(b)    Continuation of operation under existing permit or license.
Any mass transportation system possessing a valid permit or license
to operate in the area as of June 1, 1969, shall have the right to con-
tinue to operate under such permit or license until the same expires
or is otherwise terminated.

(c)    Rules of Authority to remain in effect, vacation or modifica-
tion of "closed door" orders. All rules, regulations, orders, decisions,
or other action prescribed, issued, made, or taken by the Authority
and in force as of May 31, 1969, with respect to the transportation
and persons engaged therein specified in Section 56A of this
Article, shall remain in effect, and be enforceable under the provi-
sons of, and in the manner specified by, this Article according to
their terms, as though they had been prescribed, issued, made, or
taken by the Commission pursuant to this Article, unless and until
otherwise provided by the Commission in the exercise of its powers
under this Article.

(d)    Pending actions by or against Authority. No suit, action,
or other judicial proceeding commenced prior to June 1, 1969, by or
against the Authority, or any officer of the Authority in his official
capacity or in relation to his discharge of official duties, shall be
affected by this enactment and same shall be prosecuted and deter-
mined in accordance with the law applicable at the time such pro-
ceeding was commenced and the Commission shall be substituted for
the Authority as plaintiff or defendant, as the case may be, and shall
defend any such action against any officer of the Authority; and

(e)    Proceedings pending before the Authority.