N.J. Admin. Code § 13:60-2.1 - Adoption and incorporation, by reference, of Federal Motor Carrier Safety Regulations and Appendices to Federal Motor Carrier Safety Regulations

(a) Except as may be indicated in this chapter, the Superintendent, pursuant to N.J.S.A. 39:5B-32, hereby adopts and incorporates, by reference:

1. The Federal Motor Carrier Safety Regulations, and all supplements and amendments thereto, adopted as final rule action by the Federal Highway Administration, U.S. Department of Transportation ( 49 C.F.R., Parts 40, 325, 350, 355, 380, 382, 383, 384, 385, 387, 388, and 390 through 398, inclusive); and

2. Appendices F and G to the Federal Motor Carrier Safety Regulations, and all supplements and amendments hereto, adopted as a final rule action by the Federal Highway Administration, U.S. Department of Transportation (49 C.F.R. Ch. III, Subch. B, App. F and G).

(b) The Parts and Appendices of the Federal Motor Carrier Safety Regulations and all supplements and amendments thereto, adopted as final rule action by the Federal Administration, United States Department of Transportation, and adopted and incorporated, by reference, herein, by the Superintendent, are summarized below. Within that list some sections, subparts, or parts may have been modified, revised, amended, made subject to a different effective date, and/or intentionally omitted by the Superintendent. Those sections, subparts, or parts are clearly identified in (d) below.

1. Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

2. Part 325, Compliance with Interstate Motor Carrier Noise Emission Standards.

3. Part 350, Commercial Motor Carrier Safety Assistance Program.

4. Part 355, Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations.

5. Part 380, Special Training Requirements.

6. Part 382, Controlled Substances and Alcohol Use and Testing.

7. Part 383, Commercial Driver's License Standards; Requirements and Penalties.

8. Part 384, State Compliance with Commercial Driver's License Program.

9. Part 385, Safety Fitness Procedures.

10. Part 387, Minimum Levels of Financial Responsibility for Motor Carriers.

11. Part 388, Cooperative Agreements with States.

12. Part 390, Federal Motor Carrier Safety Regulations: General.

13. Part 391, Qualifications of Drivers.

14. Part 392, Driving of Motor Vehicles.

15. Part 393, Parts and Accessories Necessary for Safe Operation.

16. Part 394, (Removed and Reserved)

17. Part 395, Hours of Service of Drivers.

18. Part 396, Inspection, Repair, and Maintenance.

19. Part 397, Transportation of Hazardous Materials: Driving and Parking Rules.

20. Part 398, Transportation of Migrant Workers.

21. Appendix F to Subchapter B-Commercial Zones, Sections 1, 6, 11, 12, 43, and 44.

22. Appendix G to Subchapter B-Minimum Periodic Inspection Standards.

(c) Supplements and amendments to the Federal Motor Carrier Safety Regulations and Appendices to the Federal Motor Carrier Safety Regulations that have been adopted as a final rule action by the Federal Highway Administration and become effective after October 1, 1996, are not listed in (d) below. Those supplements and amendments are, pursuant to (a) above, adopted and incorporated, by reference, herein, as if set forth in full. The full text of such supplements and amendments can be found by examining the Federal Register published after the above noted date. See also, N.J.A.C. 13:60-1.5, Document availability, and N.J.A.C. 13:60-1.6, Assistance.

(d) As stated in (a) and (b) above, this chapter generally incorporates 49 CFR Parts 40, 325, 350, 355, 380, 382, 383, 384, 385, 387, 388, and 390 through 398, inclusive, by reference. The following modifications, additions, and deletions apply to those parts:

1. The definition of "commercial motor vehicle" in 49 CFR 390.5 (relating to definitions) is modified to read as follows:

"Commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway in intrastate commerce to transport passengers or property when the vehicle:

i. Has a gross vehicle weight rating or gross combination weight rating, or a registered weight of 4,536 kg (10,001 pounds) or more, whichever is greater;

ii. Is designed or used to transport more than 8 passengers (including the driver) for compensation;

iii. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

iv. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. § 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under Part 49, Subtitle B, Chapter I, Subchapter C or the vehicle displays a hazardous material(s) placard.

2. 49 CFR 392.9b(a) (relating to USDOT registration required) is modified to read as follows:

A commercial motor vehicle providing transportation in intrastate commerce must not be operated without a USDOT registration and an active USDOT Number.

3. 49 CFR 395.3(a)(2) (relating to maximum driving time for property carrying vehicles) by utilizing 49 CFR 350.341(e)(1) variance is modified to read as follows:

16-hour period. While operating in intrastate commerce, a driver may drive only during a period of 16 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 16-consecutive-hour period without first taking 10 consecutive hours off duty.

4. 49 CFR 395.3(a)(3)(i) (relating to maximum driving time for property carrying vehicles) by utilizing 49 CFR 350.341(e)(1) variance is modified to read as follows:

Driving time. While operating in intrastate commerce, a driver may drive a total of 12 hours during the 16-hour period specified in paragraph (d)(3) above.

5. 49 CFR 395.3(b)(1) and (2) (relating to maximum driving time for property carrying vehicles) by utilizing 49 CFR 350.341(e)(2) is modified to read as follows:

i. While operating in intrastate commerce, having been on duty 70 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

ii. While operating in intrastate commerce, having been on duty 80 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

Notes

N.J. Admin. Code § 13:60-2.1

Amended by 50 N.J.R. 840(a), effective 2/5/2018