N.J. Admin. Code § 13:60-1.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:60-1.3 - Definitions and general requirements

(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;

ii.49 C.F.R. Parts 171, 172, 173, 174, 177, 178, 179, 180; or

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, 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.

N.J. Admin. Code § 13:60-1.3

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