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555
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MARVIN MANDEL, Governor
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MAINTAIN ANY THROUGH ROUTE AND JOINT FARE.
(C) WMATC SHALL NOT AUTHORIZE OR REQUIRE A PRIVATE
CARRIER TO RENDER ANY SERVICE, INCLUDING THE
ESTABLISHMENT OR CONTINUATION OF A JOINT FARE FOR A
THROUGH-ROUTE SERVICE WITH THE AUTHORITY WHICH IS BASED
ON A DIVISION THEREOF BETWEEN THE AUTHORITY AND PRIVATE
CARRIER WHICH DOES NOT PROVIDE A REASONABLE RETURN TO THE
PRIVATE CARRIER, UNLESS THE CARRIER IS CURRENTLY EARNING
A REASONABLE RETURN ON ITS OPERATION AS A WHOLE IN
PERFORMING TRANSPORTATION SUBJECT TO THE JURISDICTION OF
WMATC. IN DETERMINING THE ISSUE OF REASONABLE RETURN,
WMATC SHALL TAKE INTO ACCOUNT ANY INCOME ATTRIBUTABLE TO
THE CARRIER, OR TO ANY CORPORATION, FIRM OR ASSOCIATION
OWNED IN WHOLE OR IN PART BY THE CARRIER, FROM THE
AUTHORITY WHETHER BY WAY OF PAYMENT FOR SERVICES OR
OTHERWISE.
(D) IF THE WMATC IS UNABLE, THROUGH THE EXERCISE OF
ITS REGULATORY POWERS OVER THE PRIVATE CARRIERS GRANTED
IN PARAGRAPH (B) HEREOF OR OTHERWISE, TO BRING ABOUT THE
REQUISITE COORDINATION OF OPERATIONS AND SERVICE BETWEEN
THE PRIVATE CARRIERS AND THE AUTHORITY, THE AUTHORITY MAY
IN THE SITUATIONS SPECIFIED IN PARAGRAPH (B) HEREOF,
CAUSE SUCH TRANSIT SERVICE TO BE RENDERED BY ITS
CONTRACTOR BY BUS OR OTHER MOTOR VEHICLE, AS IT SHALL
DEEM NECESSARY TO EFFECTUATE THE POLICY SET FORTH IN §
55 HEREOF. IN ANY SUCH SITUATION, THE AUTHORITY, IN
ORDER TO ENCOURAGE PRIVATE CARRIERS TO RENDER BUS SERVICE
TO THE FULLEST EXTENT PRACTICABLE, MAY, PURSUANT TO
AGREEMENT, MAKE REASONABLE SUBSIDY PAYMENTS TO ANY
PRIVATE CARRIER.
(E) THE AUTHORITY MAY ACQUIRE THE CAPITAL STOCK OR
THE TRANSIT FACILITIES OF ANY PRIVATE TRANSIT COMPANY AND
MAY PERFORM TRANSIT SERVICE, INCLUDING SERVICE BY BUS OR
SIMILAR MOTOR VEHICLE, WITH TRANSIT FACILITIES SO
ACQUIRED OR WITH TRANSIT FACILITIES ACQUIRED PURSUANT TO
ARTICLE VII, §20. UPON ACQUISITION OF THE CAPITAL STOCK
OR THE TRANSIT FACILITIES OF ANY PRIVATE TRANSIT COMPANY,
THE AUTHORITY SHALL UNDERTAKE THE ACQUISITION, AS SOON AS
POSSIBLE, OF THE CAPITAL STOCK OR THE TRANSIT FACILITIES
OF EACH OF THE OTHER PRIVATE TRANSIT COMPANIES WITHIN THE
ZONE REQUESTING SUCH ACQUISITION. LACK OF SUCH REQUEST,
HOWEVER, SHALL NOT BE CONSTRUED TO PRECLUDE THE AUTHORITY
FROM ACQUIRING THE CAPITAL STOCK OR THE TRANSIT
FACILITIES OF ANY SUCH COMPANY PURSUANT TO §82 OF
ARTICLE XVI.
57. RIGHTS OF PRIVATE CARRIERS UNAFFECTED.
NOTHING IN THIS TITLE SHALL RESTRICT OR LIMIT SUCH
RIGHTS AND REMEDIES, IF ANY, THAT ANY PRIVATE CARRIER MAY
HAVE AGAINST THE AUTHORITY ARISING OUT OF ACTS DONE OR
ACTIONS TAKEN BY THE AUTHORITY HEREUNDER. IN THE EVENT
ANY COURT OF COMPETENT JURISDICTION SHALL DETERMINE THAT
THE AUTHORITY HAS UNLAWFULLY INFRINGED ANY RIGHTS OF ANY
PRIVATE CARRIER OR OTHERWISE CAUSED OR PERMITTED ANY
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