(a) For the
purposes of this chapter, and unless another definition is specified, the terms
set forth below are defined as follows:
"Code of Federal Regulations" or "C.F.R." shall mean the Code
of Federal Regulations, authorized pursuant to
44 U.S.C. §
1510 and published by the Office of the
Federal Register, National Archives and Records Administration, Washington,
D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended,
44
U.S.C. §
1501 et seq. and 1 C.F.R. Part
8).
"Commissioner" shall mean the Commissioner of the New Jersey
Department of Transportation.
"Federal Register" or "FR" shall mean the Federal Register,
authorized pursuant to
44
U.S.C. §
1501 et seq. and published by the
Office of the Federal Register, National Archives and Records Administration,
Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as
amended,
44
U.S.C. §
1501 et seq. and 1 C.F.R. Part
5).
"Hazardous material(s)" shall mean a substance or material
determined by the Secretary of the United States Department of Transportation,
pursuant to the Hazardous Materials Transportation Act (49 U.S.C. §§
5101 et seq., and as defined at
49 C.F.R. §
171.8, to be capable of posing an
unreasonable risk to health, safety, and property when transported in commerce,
and which has been so designated.
"Interstate commerce" shall mean trade, traffic, or
transportation in the United States which is between a place in this State and
a place outside of this State (including a place outside of the United States)
or is between any two other places (including a place outside of the United
States) passing through this State.
"Intrastate commerce" shall mean trade, traffic, or
transportation in this State which is not "interstate commerce".
"Secretary" shall mean the Secretary of the Department of
Transportation of the United States of America.
"Superintendent" shall mean the Superintendent of the
Division of State Police.
(b) Throughout this chapter there are
references to Federal rules and regulations pertaining to motor carrier safety,
adopted by, or on behalf of, the Secretary or adopted or incorporated, by
reference, herein by the Superintendent, pursuant to this chapter, or the
Commissioner, at
N.J.A.C. 16:49. For convenience, those
Federal rules and regulations and any supplements and amendments thereto may be
cited in this chapter in one or all of the following forms:
1. "Federal Motor Carrier Safety Regulations"
as:
i. Code of Federal Regulations ( 49
C.F.R. Parts
40,
325,
350,
355,
380,
382,
383,
384,
385,
387,
388, and
390
through
398), Subchapter B-Federal Motor Carrier Safety Regulations, Chapter
III-Federal Highway Administration, Department of Transportation, Title
49;
ii. 49 C.F.R. Parts ( 49 C.F.R.
Parts
40,
325,
350,
355,
380,
382,
383,
384,
385,
387,
388, and
390 through
398);
iii. 49 C.F.R. Part(s),
Section(s), §, or §§; or
iv.
Federal Motor Carrier Safety Regulations;
2. "Appendix or Appendices to Federal Motor
Carrier Safety Regulations" as:
i. Code of
Federal Regulations, Appendix or Appendices to Subchapter B-Federal Motor
Carrier Safety Regulations, Chapter III-Federal Highway Administration,
Department of Transportation, Title 49;
ii. 49 C.F.R. Ch. III, Subch.
B,
App.;
iii. Appendix to Subchapter
B;
iv. Appendix or Appendices to
Federal Motor Carrier Safety Regulations; or
v. Appendix or Appendices to the Federal
Motor Carrier Safety Regulations;
3. "Hazardous Materials Regulations" as:
i. Code of Federal Regulations, Parts 171,
172, 173, 174, 177, 178, 179, 180, Subchapter C-Hazardous Materials
Regulations, Chapter I-Research and Special Programs Administration, U.S.
Department of Transportation, Title 49;
iii. Hazardous
Materials Regulations.
(c) This chapter establishes minimum
standards of compliance concerning the qualifications of motor carrier
operators and vehicles, operating in this State in interstate or intrastate
commerce or used or operated wholly within a municipality or a municipality's
commercial zone. Therefore, in the event of a conflict between this chapter and
any other State regulation, except as otherwise provided by statute or law, the
stricter, more stringent standard shall apply and govern.
(d) Whenever the term "interstate" is used in
the Federal Motor Carrier Safety Regulations, adopted and incorporated, by
reference, herein, and all supplements and amendments thereto, it shall, for
the purpose of this chapter, mean or include both "interstate" and "intrastate"
transportation in commerce and those vehicles used or operated wholly within a
municipality or a municipality's commercial zone except where stated
otherwise.
(e) If any section,
subsection, clause or provision of this chapter shall be adjudged
unconstitutional or to be ineffective or invalid in whole or in part, to the
extent that it is not adjudged unconstitutional or is not ineffective or is not
invalid, it shall be valid and effective and no other section, subsection,
clause or provision of this chapter shall, on account thereof, be deemed
unconstitutional, invalid or ineffective, and the inapplicability or invalidity
of any section, subsection, clause or provision of this chapter in any one or
more instances or under any one or more circumstances shall not be taken to
affect or prejudice in any way its applicability or validity in any other
instance or under any other circumstance. To this end, the provisions of this
regulation are declared to be severable.
(f) The Federal Highway Administration,
United States Department of Transportation, supplements and amends the Federal
Motor Carrier Safety Regulations and the Appendices to the Federal Motor
Carrier Safety Regulations on a continuing basis pursuant to the Federal
Administrative Procedure Act (5 U.S.C. §§
554 et
seq.) and authority granted to the Secretary, pursuant to
49 U.S.C. §§
31136. Supplements and amendments are
published as a notice of proposed rulemaking in the Federal Register and are
subject to a period of public comment prior to their adoption. Adoption of
supplements and amendments, by a final rule action, appear in the Federal
Register and indicate an effective date for their implementation and
enforcement. The Superintendent will hereafter rely upon the notices of
proposed rulemaking and final rule actions published in the Federal Register
supplementing and amending the Federal Motor Carrier Safety Regulations and
Appendices to the Federal Motor Carrier Safety Regulations as notice to all
interested parties and all persons or entities affected by these regulations.
Final rule actions supplementing and amending the Federal Motor Carrier Safety
Regulations and Appendices to the Federal Motor Carrier Safety Regulations will
hereafter be considered as adopted and incorporated, by reference, herein, upon
their publication in the Federal Register, and will become effective on the
effective date as published in the Federal Register. Any modification,
revision, amendment, delay in implementation, or omission by the Superintendent
of any Section(s), Subpart(s), or Part(s) of the Federal Motor Carrier Safety
Regulations and Appendices to the Federal Motor Carrier Safety Regulations, and
all supplements and amendments thereto will be subject to a separate notice of
proposed rulemaking, pursuant to the New Jersey Administrative Procedure Act,
N.J.S.A.
52:14B-1 et seq.
(g) The provisions and requirements of these
regulations as well as the Federal Motor Carrier Safety Regulations adopted and
incorporated, by reference, herein, and all supplements and amendments thereto,
and made a part hereof as if set forth in full, are applicable to all motor
vehicles, as defined in this chapter, engaged in transportation in interstate
and intrastate commerce or operating in interstate and intrastate commerce or
used or operated wholly within a municipality or a municipality's commercial
zone, as well as all motor vehicles engaged in transportation of hazardous
material(s) in a quantity requiring hazardous material(s) placarding or
displaying hazardous material(s) placarding unless specifically stated
otherwise.
