N.J. Admin. Code § 13:18-1.7 - Liability for damage; application requirements; insurance

(a) Any person driving any vehicle, object or contrivance subject to and in excess of statutory weight limitations and permit requirements upon any highway or highway structure, whether temporary or permanent, shall be liable for all damage which the highway or highway structure may sustain as a result of any such operation, driving or moving of such vehicle, object or contrivance.

1. Such damage may be recovered in a civil action brought by the authorities in control of such highway or highway structure.

2. The fact that the vehicle, object, or contrivance causing the damage was being operated, driven or moved within the authorized size and weight limitations or permitted by a special permit as provided by law, shall not be accepted as a defense to any action brought as provided in this subsection if damage is caused to highways or structures posted for weight limits less than those set forth by statute.

3. Whenever the driver is not the owner of such vehicle, object or contrivance, but is so operating, driving or moving with the express or implied permission of the owner, then the owner and the driver shall be jointly and severally liable for any damage.

(b) An application for a permit shall not be accepted unless the applicant provides proof of coverage by insurance in the following minimum limits:

1. $ 100,000 for bodily injury or death to any one person in any one occurrence;

2. $ 300,000 for bodily injury or death to two or more persons in any one occurrence;

3. $ 100,000 for damage to or destruction of property in any one occurrence.

(c) The insurance policy shall contain a provision that there will be 10-day prior notice to the Motor Vehicle Commission in the event of cancellation or termination of the insurance.

Notes

N.J. Admin. Code § 13:18-1.7

Amended by R.1995 d.139, effective 3/6/1995.
See: 26 N.J.R. 2521(a), 27 N.J.R. 927(a).
Amended by R.2005 d.359, effective 11/7/2005.
See: 37 N.J.R. 1484(a), 37 N.J.R. 4299(a).
In the introductory paragraph of (b), substituted "Motor Vehicle Commission" for "Division of Motor Vehicles"; in (c), substituted "10" for "ten" and "Motor Vehicle Commission" for "Division".
Recodified from N.J.A.C. 13:18-1.6 and amended by R.2010 d.169, effective 8/2/2010.
See: 42 N.J.R. 707(b), 42 N.J.R. 1742(a).
In the introductory paragraph of (b), deleted "or book of permits" following "permit" and substituted "provides proof of coverage by" for "has filed in the Motor Vehicle Commission a certificate of"; and in (c), substituted "The insurance policy" for "Said certificate". Former N.J.A.C. 13:18-1.7, Exceptions; insurance certificate requirement, recodified to N.J.A.C. 13:18-1.8.