New Jersey Statutes 39:5B-32. Rules and regulations
Terms Used In New Jersey Statutes 39:5B-32
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
b. The superintendent, in consultation with the New Jersey Motor Vehicle Commission and with the Department of Transportation, shall revise and readopt, within six months of the effective date of P.L.1991, c.491, the rules and regulations adopted pursuant to subsection a. of this section to provide that the regulations:
(1) Substantially conform to the requirements concerning the qualifications of interstate motor carrier operators and vehicles established pursuant to sections 401 to 404 of the “Surface Transportation Assistance Act of 1982,” Pub.L.97-424 (49 U.S.C. App. s.2301-2304) and the federal “Motor Carrier Safety Act of 1984,” Pub.L.98-554 (49 U.S.C. App. s. 2501 et seq.); and
(2) Include provisions with regard to motor carrier operators and vehicles engaged in intrastate commerce or used wholly within a municipality or a municipality’s commercial zone, except for farm vehicles weighing 26,000 pounds or less that are operated exclusively in intrastate commerce and are registered pursuant to R.S.39:3-24 and R.S.39:3-25, that are compatible with federal rules and regulations.
Notwithstanding subsection c. of this section, the hours of service variances as adopted in 49 C.F.R. § s.350.341(e), as amended and supplemented, are hereby adopted effective immediately for commercial motor vehicles weighing 26,001 pounds or more operating in intrastate commerce provided that these vehicles are not designed to transport 16 or more passengers, including the driver, or used in the transportation of hazardous materials and required to be placarded in accordance with 49 C.F.R. § s.172.500 et seq., or display a hazardous materials placard. The superintendent shall adopt rules and regulations that conform to the requirements established in 49 CFR s. 350.341(e) as amended and supplemented.
c. Notwithstanding any provision of law or regulation to the contrary, no person shall operate a commercial motor vehicle, as defined in rules adopted pursuant to this section, in this State unless the operation of the commercial motor vehicle is in accordance with the rules adopted by the Superintendent of State Police pursuant to this section.
The rules adopted pursuant to this section shall include rules concerning protection against shifting or falling cargo contained in 49 C.F.R. 393.100 to 393.106.
d. The superintendent shall enforce registration requirements under 49 U.S.C. § 13902, 49 CFR Parts 356 and 365 and 49 C.F.R. § s.392.9a by placing out of service a commercial motor vehicle in interstate commerce discovered to be operating without its Federal Motor Carrier Safety Administration registration as required by 49 U.S.C. § 13902, 49 CFR Parts 356 and 365 and 49 C.F.R. § s.392.9a, or beyond the scope of its Federal Motor Carrier Safety Administration registration.
e. The superintendent shall enforce financial responsibility requirements under 49 U.S.C. § 13906 and 31139, and 49 C.F.R. part 387.
f. The superintendent shall enforce the implementation of programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles, pursuant to 49 C.F.R. part 382, and the implementation of federal procedures for transportation workplace drug and alcohol testing programs, pursuant to 49 C.F.R. part 40.
L.1985,c.415,s.3; amended 1991, c.491; 2004, c.97, s.1; 2005, c.109.