LAW AND PUBLIC SAFETY

DIVISION OF STATE POLICE

Motor Carrier Safety Regulations

Proposed Readoption with Amendments: N.J.A.C. 13:60

Authorized By: Colonel Carson J. Dunbar, Jr., Superintendent, Division of State Police.

Authority: N.J.S.A. 39:5B-32.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2002-80

Submit comments in writing by no later than 5:00 P.M., April 20, 2002

to:

Colonel Carson J. Dunbar, Jr., Superintendent

Division of State Police

Office of Hazardous Materials Transportation

Compliance and Enforcement

P.O. Box 7068

West Trenton, N.J. 08628-0068

The agency proposal follows:

Summary

Pursuant to Executive Order No. 66(1978) and N.J.S.A. 52:14B-5.1a, rules adopted by the Superintendent of the Division of State Police (hereinafter Superintendent) under the authority of N.J.S.A. 39:5B-32 are being proposed for readoption with amendments. The present rules at N.J.A.C. 13:60 were scheduled to expire on January 16, 2002. The expiration date is extended to July 15, 2002, by the filing of this proposal pursuant to N.J.S.A. 52:14B-5.1c. At the direction of the Superintendent, these rules have been reviewed to determine their continuing usefulness and necessity. In accordance with N.J.S.A. 39:5B-32, appropriate representatives of the Division of Motor Vehicles and Department of Transportation have been consulted. The rules were found to be necessary, reasonable, and proper for the purposes for which they were originally promulgated. The Superintendent has determined, however, to readopt the rules with amendments.

The rules proposed for readoption, as well as the proposed amendments, comply with the provisions of N.J.S.A. 39:5B-32, and will permit the State of New Jersey to continue to enforce the Federal Motor Carrier Safety Regulations and to participate in the Federal safety-enforcement programs and to receive Federal aid for doing so. For approximately a decade, the State of New Jersey, through rules promulgated by the Division of State Police and the Department of Transportation, has been enforcing Federal regulations governing both motor carrier safety and the transportation of hazardous materials. This readoption will permit New Jersey to continue these public-safety programs, whose continuation has been directed by the Legislature in N.J.S.A. 39:5B-26 and 39:5B-32.

New Jersey began these programs in 1985 when, acting under the authority of N.J.S.A. 27:1A-5 and 27:1A-6 and under the direction of N.J.S.A. 39:5B-26, the New Jersey Department of Transportation proposed and adopted rules at N.J.A.C. 16:49 that govern the transportation of hazardous materials. (16 N.J.R. 2979(a), 17 N.J.R. 712(a)). In accordance with N.J.S.A. 39:5B-26, these rules adopted by reference the Federal regulations governing the transportation of hazardous materials found at 49 C.F.R. Parts 100 through 199. One of these Federal regulations, 49 C.F.R. 177.804, incorporated the Federal Motor Carrier Safety Regulations found at 49 C.F.R. Parts 390 through 397. Thus, the Federal Motor Carrier Safety Regulations became applicable to both the interstate and intrastate transport of hazardous materials.

The rules proposed for readoption at N.J.A.C. 13:60 had their genesis in P.L. 1985, c.415, §3, codified at N.J.S.A. 39:5B-32, which authorized and directed the Superintendent of State Police to adopt rules and regulations concerning the qualifications of interstate motor carrier operators and vehicles. This statute directed that these rules and regulations substantially conform to requirements established by Sections 401-404 of the "Surface Transportation and Assistance Act of 1982," Pub. L. 97-424 (previously codified as 49 U.S.C. App. §§2301-2304, now codified as 49 U.S.C. §31101-31104). In 1987, the Superintendent proposed and adopted the rules at N.J.A.C. 13:60, which incorporated by reference the Federal Motor Carrier Safety regulations set forth at 49 C.F.R. Parts 390 through 397, revised as of October 1, 1986, with certain sections omitted. (18 N.J.R. 2311(a), 19 N.J.R. 234(b)). Pursuant to Executive Order No. 66 (1978), the Superintendent reviewed these rules and regulations and in 1991 proposed their readoption with amendments.

On January 16, 1992, the Superintendent readopted the rules with amendments. (23 N.J.R. 3725(a), 24 N.J.R. 644(a)). In accordance with the statutory directives, these rules and regulations were applicable to vehicles operating in interstate commerce or vehicles operating in interstate or intrastate commerce transporting hazardous material(s) in quantities requiring hazardous material(s) placarding.

On January 18, 1992 -- two days after the readoption -- P.L. 1991, c.491 was approved. Section 1 of this Act amended N.J.S.A. 39:5B-32 in several respects. The amendments revised N.J.S.A. 39:5B-32 to direct the Superintendent to revise and readopt the rules and regulations after consultation with the Division of Motor Vehicles and the Department of Transportation. The amendments also revised N.J.S.A. 39:5B-32 to mandate that these rules and regulations substantially conform to requirements established not only by Sections 401-404 of the "Surface Transportation and Assistance Act of 1982," Pub. L. 97-424 (previously codified as 49 U.S.C. App. §§2301-2304, now codified as 49 U.S.C. §31101-31104), but also by the Federal "Motor Carrier Safety Act of 1984," Pub. L. 98-554 (previously codified as 49 U.S.C. App. §§31131 et seq.). Additionally, the amendments revised N.J.S.A. 39:5B-32 to direct an enlargement of the scope of intrastate coverage. They directed the Superintendent to ensure that these rules and regulations:

[i]nclude 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 registered pursuant to R.S. 39:3-24 and R.S. 39:3-25, that are compatible with federal rules and regulations.

By broadening the scope of coverage to include intrastate commerce, the Legislature ensured that New Jersey would be able to participate in the Federal safety-enforcement programs and receive federal aid for doing so. See 49 C.F.R. 350 Appendix C.

In 1993 the Superintendent proposed readoption with amendments and adopted these rules with amendments conforming to the requirements of the revised N.J.S.A. 39:5B-32. The rules as amended continued to incorporate by reference the Federal Motor Carrier Safety regulations set forth at 49 C.F.R. Parts 390 through 397, revised as of October 1, 1992, with certain sections omitted, and with their scope of coverage broadened, as required by the amendments to N.J.S.A. 39:5B-32, to include provisions for intrastate and intramunicipal commerce. (25 N.J.R. 3091(a), 25 N.J.R. 4501(a)).

In 1994, the Superintendent proposed and adopted amendments that adopted and incorporated by reference the recent changes in the Federal regulations (that is, the Federal Motor Carrier Safety Regulations and Appendices to the Federal Motor Carrier Safety Regulations). This readoption with amendments thus made the Federal and State rules and regulations congruent and compatible with each other as of the most recent revised date of the Federal regulations -- February 11, 1994.

Additionally, the 1994 amendments fundamentally changed the manner and method by which the Federal regulations would be adopted in the future and incorporated by reference in the State rules. Prior to the 1994 amendments, revisions in Federal regulations that had been adopted by the State rules were not incorporated into the State rules unless and until the Superintendent formally proposed and adopted these revisions. The 1994 amendments changed this system and provided that, thereafter, revisions in the Federal regulations that occurred after February 11, 1994 (the most recent revised date) would automatically become part of the State rules that incorporated them unless the Superintendent acted under his or her rulemaking authority to prevent this automatic adoption. (26 N.J.R. 1307(a), 26 N.J.R. 2140(a)). The 1994 amendments thus eliminated the confusing "bifurcated" regulatory system, under which the affected industry had to be familiar with one set of (current) Federal regulations in order to obey Federal law and with a slightly different set of older, State-incorporated, out-of-date Federal regulations in order to obey State law. In 1995 the Department of Transportation adopted similar amendments to the rules at N.J.A.C. 16:49. (26 N.J.R. 4488(b), 27 N.J.R. 509(a)).

Throughout the history of New Jersey's enforcement of these Federal public-safety programs, the Superintendent and the Department of Transportation have acted to ensure compatibility between the rules at N.J.A.C. 16:49 (promulgated by the Department of Transportation) and the rules at N.J.A.C. 13:60 (promulgated by the Superintendent) and to utilize identical language whenever it is feasible to do so. Thus the potential for confusion within the regulated industry and the law enforcement community is diminished.

Pursuant to Executive Order No. 66 (1978), the Superintendent reviewed these rules and regulations and in 1996 again proposed their readoption with amendments. On January 16, 1997, the Superintendent readopted the rules with amendments. (28 N.J.R. 5050(a), 29 N.J.R. 581(b)).

This proposal endeavors to continue the goal of reducing confusion and uncertainty within the regulated industry and the law enforcement community by continuing to provide that revisions in the Federal regulations automatically become part of these State rules that incorporate them. This proposal also reduces uncertainty and confusion by continuing to ensure compatibility between these rules and the rules promulgated by the Department of Transportation at N.J.A.C. 13:60. Below is a summary of the proposed amendments.

A technical amendment is proposed for N.J.A.C. 13:60-2.1. As noted above, the 1997 amendments adopted the Federal regulations as of their most recent revised date, October 1, 1996, and provided that revisions in the Federal regulations would be adopted automatically unless the Superintendent intervened. For the convenience of the regulated industry and the public, this readoption and the amendments herein will update and list the Federal regulations in their current status as of their most recent revised date, that is, it will update the Federal regulations to October 1, 2001. However, this update effects no substantive change in the rules at N.J.A.C. 13:60 since, as noted, the 1997 amendments ensure that the October 1, 2001, Federal regulations have already and automatically been incorporated as a matter of State law. As part of this update, the date "October, 1996" that currently appears in N.J.A.C. 13:60-2.1 as the most recent revised date of the Federal regulations at the time of the last amendment to this rule is amended to "October 1, 2001," which is the current most recent revised date of the Federal regulations.

Finally, the proposal provides that the Appendix, which lists the Federal regulations and their incorporation and the modifications and revisions of the incorporation (in those instances where there are modifications or revisions), will also be amended in that it too will be updated to show the Federal regulations as of October 1, 2001. Again, this update effects no substantive change, but is provided for the convenience of the public and the regulated industry.

One change to the Federal regulations was to 49 C.F.R. §391.71(a) and (b). That section contained a limited exemption from certain driver qualification requirements for drivers who were regularly employed by motor carriers continuously since July 1, 1975, and who drove a commercial motor vehicle transporting Class 3 combustible liquids in intrastate commerce. In 1974, the Federal government promulgated a regulation which resulted in the local delivery of fuel oil and heating oil by interstate motor carriers becoming subject to the Regulations Regarding Motor Carrier Safety Regulations (hereinafter the "FMCSRs") for the first time. Review of the Federal Motor Carrier Safety Regulations; Regulatory Removals and Substantive Amendments (hereinafter "Amendments to FMCSRs"); 62 Fed.Reg. 3855, 3859 (proposed January 27, 1997). At the request of several commenters, a limited exemption was therefore provided at 49 C.F.R. §391.71 to minimize the paperwork burden upon the affected intrastate operations of interstate motor carriers. Ibid. On January 16, 1997, the Superintendent adopted this limited exemption with revisions. Specifically, the Superintendent required drivers to be regularly employed by motor carriers continuously since January 1, 1991 and to possess a valid New Jersey Commercial Driver License in order to be eligible for the exemption. See Appendix at page 60-8, Supp. February18, 1997, of New Jersey Administrative Code, Title 13.

On January 27, 1997, the Federal Highway Administration (hereinafter, the "FHWA") proposed the removal of 49 C.F.R. §391.71 on the basis that the FHWA lacked authority to assert authority over intrastate commerce as provided in that regulation. Amendments to FMCSRs, supra, 62 Fed.Reg. at 3860. The proposal to remove 49 C.F.R. §391.71 was adopted as a final rule by the FHWA the following year. Amendments to FMCSRs, 63 Fed.Reg. 33254, 33264 (June 18, 1998). Since the local, intrastate delivery of fuel oil and heating oil by interstate motor carriers is no longer subject to the FMCSRs, the basis for continuing an exemption, however modified, in these regulations has been removed as well. It should be noted that the Appendix to the Regulations Regarding the Transportation of Hazardous Materials, N.J.A.C. 16:49-1.1 to 2.1, which details those portions of certain Federal regulations incorporated by reference therein, has similarly removed the reference to 49 C.F.R. §371.71. See Appendix to Transportation of Hazardous Materials Regulations at page 49-14, Supp. May 1, 2000, of New Jersey Administrative Code, Title 16.

Because a 60 day comment period has been provided on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Generally, the rules proposed for readoption impact motor carriers, motor carrier operators, and persons operating commercial motor vehicles in intrastate and interstate commerce, in that they will be required to comply with, and be knowledgeable of, current Federal Motor Carrier Safety Regulations as found at 49 C.F.R. Parts 390 through 397, inclusive, and the Appendices to those Federal regulations as found in the Code of Federal Regulations (currently revised as of October 1, 2001). Adoption of these Federal regulations does not impose any new burden on those operating in interstate commerce or transporting hazardous material(s) in interstate or intrastate commerce in quantities requiring hazardous material(s) placarding, since they are already subject to these Federal regulations. Motor carriers, motor carrier operators, and persons operating commercial motor vehicles in intrastate commerce will be required to comply with most Federal Motor Carrier Safety Regulations. Appropriate omissions, revisions, and modifications which are sanctioned by the Federal regulations (and none of which, in the Superintendent's opinion, imposes a risk to the public) have been continued for this category. Compliance with the Federal Motor Carrier Safety Regulations will benefit the motor carrier industry and the general public in that all commercial motor vehicles covered by these regulations will be subject to the substantially same uniform rules and regulations concerning safety of equipment, operator requirements, and traffic rules and regulations. It is anticipated that the regulated industry and the public will react favorably to this proposed readoption with amendments.

It is anticipated that the rules proposed for readoption will have no additional economic impact on motor carriers, motor carrier operators or persons operating commercial motor vehicles in interstate or intrastate commerce. Motor carriers, motor carrier operators, and persons operating commercial motor vehicles in interstate commerce are already required, as a matter of Federal law, to comply with the Federal Motor Carrier Safety Regulations. Likewise, motor carriers, motor carrier operators, and persons operating commercial motor vehicles transporting hazardous material(s) in interstate or intrastate commerce in quantities requiring hazardous material(s) placarding are already required, as a matter of Federal law and in accordance with N.J.S.A. 39:5B-26, to comply with the Federal Hazardous Material Regulations and the Federal Motor Carrier Safety Regulations. Therefore, there is no foreseeable economic impact on either of these groups.

There is a modest, continuing impact arising from readoption of these rules on motor carriers, motor carrier operators, and operators of commercial motor vehicles transporting non-hazardous material(s) exclusively in intrastate commerce. Pursuant to P.L. 1991, c.491, §1, amending N.J.S.A. 39:5B-32, this group was required substantially to comply with the Federal Motor Carrier Safety Regulations. Federal law, on the other hand, does not absolutely mandate that this group comply with the Federal Motor Carrier Safety Regulations, but it does condition New Jersey's participation in the Federal safety-enforcement programs and receipt of Federal aid upon the State's requiring substantial compliance. The "tolerance guidelines" of 49 C.F.R. 350 Appendix C explain the extent to which the State can relax the Federal regulations with respect to this group and still participate in the Federal safety-enforcement program and still obtain Federal aid for doing so. Prior adoptions of the instant rules have utilized most of these relaxations, each appearing in the Appendix to these rules as a modification or revision of the incorporation of the Federal regulation. The rules proposed for readoption continue all prior relaxations of the Federal rules.

Whatever additional expenses may be incurred by the intrastate industry not involved in hazardous materials as a consequence of enforcement of the Federal regulations, albeit with these relaxations, are viewed as necessary in order to comply with P.L. 1991, c.491, §1, amending N.J.S.A. 39:5B-32 to require broadening of the scope of these regulations to include intrastate commerce. The economic impact is minimal and entirely appropriate when weighed against (1) the State's ability to participate in the Federal safety-enforcement programs and to receive Federal aid for doing so, (2) the greater safety to the motoring public, and (3) the possibility of economic loss due to increased motoring dangers if these rules were not readopted. There should be no impact on the Division of State Police or other governmental agencies as a consequence of this proposed readoption. The operational costs of enforcing these rules have already been considered in the agencies' budgets.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption contains standards which are the same as those imposed by Federal law. Federal law requires the interstate industry to comply with the Federal Hazardous Material Regulations and with the Federal Motor Carrier Safety Regulations. Federal law encourages States to require the intrastate industry substantially to comply with these regulations, and it conditions States' participation in the Federal safety-enforcement programs and the States receipt of Federal aid for participation in these programs upon the States' requiring the intrastate industry substantially to comply with these regulations. All of the regulations proposed for promulgation in this readoption are required or authorized by Federal law so as to ensure New Jersey's continued participation in the Federal safety-enforcement programs and New Jersey's receipt of Federal aid.

Jobs Impact

The readoption of these rules should not result in the loss of jobs and may be beneficial for the creation of jobs. The readoption continues safety rules with which the industry is familiar and to which the industry has already adapted. The interstate industry would in any event be compelled to comply with these rules as a matter of Federal law. Compliance with these rules will benefit the entire motor carrier industry, both interstate and intrastate, and thus create a climate favorable for job retention and creation, in that all commercial motor vehicles will be subject to the substantially same uniform rules and regulations concerning safety of equipment, operator requirements, and traffic rules and regulations. It would be disruptive to the industry, and might result in job loss, substantially to alter the safety rules or to impose substantially different rules upon the interstate industry, on the one hand, and the intrastate industry, on the other.

Agriculture Industry Impact

The rule proposed for readoption will have no impact on agriculture in the State of New Jersey.

Regulatory Flexibility Analysis

The rules proposed for readoption will continue to impose reporting, recordkeeping and compliance requirements on motor carriers and their personnel if they are involved in interstate or intrastate commerce and are operating a vehicle or commercial motor vehicle within the applicable definitions. Motor carriers, motor carrier operators and their personnel and operators of vehicles which transport, in interstate or intrastate commerce, hazardous material(s) in quantities requiring hazardous material(s) placarding or displaying a hazardous material(s) placard will also be subject to reporting, recordkeeping, and compliance requirements. An undetermined number of the entities affected by this readoption may be small businesses, as that term is defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules implement State statutory directives mandating compliance or compatibility with Federal regulations. No differentiation in requirements or exemptions can be afforded such businesses due to the Federally mandated nature of the regulations and the legislative objective to protect the health and safety of the public.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:60. Full text of the proposed amendments follows (additions indicated in

boldface thus; deletions indicated in brackets [thus]);

13:60-1.5 Document availability

(a) Copies of the "Federal Motor Carrier Safety Regulations" and "Appendices to the Federal Motor Carrier Safety Regulations," as found in the Code of Federal Regulations (49 C.F.R. Parts 390-397 and 49 C.F.R. Ch. III, Subch. B, App. [D, E, ] F and G) and the Federal Register and all supplements and amendments thereto, as adopted and incorporated, by reference, herein, may be purchased from the following sources:

1.- 2. (No change.)

(b) Copies of the "Federal Motor Carrier Safety Regulations" and "Appendices to the Federal Motor Carrier Safety Regulations," as found in the Code of Federal Regulations (49 C.F.R. Parts 390-397 and 49 C.F.R. Ch. III, Subch. B, App. [D, E, ] F and G) and the Federal Register and all supplements and amendments thereto, as adopted and incorporated, by reference, herein, are available for review at the following public libraries:

New Jersey State Library

185 West State Street

Trenton, NJ 08625

(609) 292-6220

Newark Public Library

5 Washington Street

Newark, NJ 07101

(201) 733-7782

Jersey City Public Library

U.S. Government Documents Section

472 Jersey Avenue

Jersey City, NJ 07304

(201) 547-4517

New Brunswick Public Library

60 Livingston Avenue

New Brunswick, NJ 08901

(908) 745 -5108

Trenton Public Library

120 Academy Street

Trenton, NJ 08608

(609) 392-7188

Camden County Public Library

Laurel Road

Voorhees, NJ 08043

[(609)] (856) 772-1636

Cherry Hill Public Library

1100 Kings Highway, North

Cherry Hill, NJ 08034

[(609)] (856) 667-0300

(c) Copies of the "Federal Motor Carrier Safety Regulations" and "Appendices to the Federal Motor Carrier Safety Regulations," as found in the Code of Federal Regulations (49 C.F.R. Parts 390-397 and 49 C.F.R. Ch. III, Subch. B, App. [D, E, ] F and G) and the Federal Register and all supplements and amendments thereto, as adopted and incorporated, by reference, herein, are available for review, during regular business hours, at:

Office of Hazardous Materials Transportation,

Compliance and Enforcement

New Jersey Division of State Police

Division Headquarters

River Road, P.O. Box 7068

West Trenton, NJ 08628-0068

Regular business hours at this office are 8:30 A.M. to 5:00 P.M. Eastern Time, Monday through Friday. The telephone number is (609) 882-2000, extension 2582 or 2586.

SUBCHAPTER 2. ADOPTION AND INCORPORATION, BY REFERENCE, OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND APPENDICES TO FEDERAL MOTOR CARRIER SAFETY REGULATIONS

13:60-2.1 Adoption and incorporation, by reference, Federal Motor Carrier Safety Regulations and Appendices to Federal Motor Carrier Safety Regulations

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

1. (No change.)

2. Appendices [D, E,] 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. [D,E,] 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. A more detailed list of the sections in the Parts and Appendices is found in the appendix to this chapter ("Appendix to the Regulations Regarding Motor Carrier Safety Regulations"). 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 the text of the appendix to this chapter.

1.- 8. (No change.)

[9. Appendix D to Subchapter B - Table of Disqualifying Drugs and Other Substances, Schedule I.

10. Appendix E to Subchapter B - Tables of Disqualifying Drugs and Other Substances, Schedules H through V.]

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

[12.]10. Appendix G to Subchapter B - Minimum Periodic Inspection Standards.

(c) (No change.)

APPENDIX TO THE REGULATIONS REGARDING

MOTOR CARRIER SAFETY REGULATIONS

CHAPTER III - FEDERAL HIGHWAY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

SUBCHAPTER B - FEDERAL MOTOR CARRIER SAFETY REGULATIONS

PART 390 - FEDERAL MOTOR CARRIER SAFETY REGULATIONS: GENERAL

Subpart B - General Requirements and Information

Section 390.17 [(Reserved)] Additional equipment and accessories.

Section 390.19 [Additional equipment and accessories.] Motor carrier identification report.

Section 390.21 Marking of [commercial motor vehicles] CMVs.

(Section 390.21 is modified to state the following:)

A commercial motor vehicle operated in intrastate commerce shall be subject to the provisions of N.J.S.A. 39:4-46.

Section 390.27 Locations of [regional offices of motor carriers] motor carrier safety service centers

Section 390.29 [(Reserved)] Location of records or documents.

Section 390.31 Copies of records or documents.

Section 390.33 [Vehicles] Commercial motor vehicles used for purposes other than defined.

Section 390.35 (No change.)

Section 390.37 (No change.)

Subpart C[- Inter Modal Transportation] (Removed and Reserved)

[Section 390.50 Applicability.

Section 390.52 Definitions.

Section 390.54 Notification and certification.

Section 390.56 Duty of motor carrier.

Section 390.58 Forwarding and retention of certification.

Section 390.60 Coercion.]

PART 391 - QUALIFICATIONS OF DRIVERS

Subpart B - Qualifications and Disqualifications of Drivers

Section 391.11 [Qualifications] General qualifications of drivers.

(Section 391.11 is modified to state the following:)

The provisions of Section 391.11(b)(1) do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) and is at least 18 years old, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations (49 C.F.R. § 172.500 et seq.) or operate a vehicle displaying a hazardous material(s) placard.

Section 391.13 Responsibilities of drivers.

Section 391.15 Disqualification of drivers.

Subpart C - Background and Character

Section 391.25 Annual inquiry and review of driving record.

Subpart E - Physical Qualifications and Examinations.

Section 391.49 [Waiver of certain physical defects.] Alternative physical qualification standards for the loss of impairment of limbs.

(Section 391.49 is revised to state the following:)

(a) A person who is not physically qualified to drive under Section 391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive a motor vehicle, if that person has been granted a waiver pursuant to this section, (49 C.F.R. § 391.49).

Subpart F - Files and Records

Section 391.51 [Drivers] General requirements for driver qualification files.

Subpart G - Limited Exemptions

Section 391.63 [Intermittent, casual, or occasional drivers] Multiple-employer drivers.

Section 391.67 [Drivers] Farm vehicle drivers of articulated [(combination) farm] commercial motor vehicles.

Section 391.68 Private motor carrier of passengers (nonbusiness).

Section 391.69 [Drivers operating in Hawaii. (This Section intentionally omitted.) Private motor carrier of passengers (business).

Section 391.71 [Intrastate drivers of vehicles transporting combustible liquids.] (Removed and Reserved)

[(Section 391.71(a) and (b) are revised to state the following:)

(a) The provisions of Section 391.21 (relating to application for employment), Section 391.23 (relating to investigations and inquiries), Section 391.31 (relating to road test), and Section 391.35 (relating to written examination) do not apply to a driver who is otherwise qualified and was a regularly employed driver (as defined in Section 390.5 of these regulations) as of January 1, 1991, who possesses a valid New Jersey Commercial Drivers License (CDL), and continues to be a regularly employed driver of that motor carrier and who drives a motor vehicle that:

(1) Is transporting combustible liquids as defined in the Hazardous Materials Regulations (49 C.F.R. § 173.120(b)), and

(2) Is being operated in intrastate commerce.

(b) In addition to the exemptions provided in paragraph (a) of this section, a person who has been a regularly employed driver (as defined in Section 390.5 of these regulations) as of January 1, 1991, but who is not physically qualified to drive under Section 391.41(b) of these regulations and who is otherwise qualified under N.J.S.A. 39:3-10.9 et seq. to drive a motor vehicle, may continue to drive a motor vehicle provided that person is in possession of a valid New Jersey driver's license issued prior to January 1, 1991, and continues to be a regularly employed driver of that motor carrier and drives a vehicle that:

(1) Is a truck (as defined in Section 390.5 of these regulations), and

(2) Is operated in retail delivery service, and

(3) Is transporting combustible liquids as defined in the Hazardous Material Regulations (49 C.F.R. § 173.120(b)), and

(4) Is operated in intrastate commerce.]

Section 391.73 [Private motor carrier of passengers (business).] (Removed and Reserved)

Section 391.125 [Termination schedule of this subpart.] (Removed and Reserved)

Part 392 DRIVING OF COMMERCIAL MOTOR VEHICLES

Subpart A - General

Section 392.5 [Intoxicating beverage] Alcohol prohibition.

Section 392.9b [Hearing aid to be worn] (Removed and Reserved)

Subpart B - Driving of Commercial Motor Vehicles

Section 392.13 [Drawbridges; slowing down of commercial motor vehicles.] (Removed and Reserved)

Section 392.14 Hazardous conditions; extreme caution.

Section 392.15 [Required and prohibited use of turn signals.] (Removed and Reserved)

Subpart C - Stopped Commercial Motor Vehicles

Section 392.20 [Unattended commercial motor vehicles; precautions.] (Removed and Reserved)

Section 392.25 [Emergency signals; dangerous cargoes] Flame producing devices.

Subpart E - License Revocation; Duties of Driver

Section 392.42 [Notification of license revocation] (Removed and Reserved)

Subpart F - Fueling Precautions

Section 392.50 Ignition of fuel; prevention.

Section 392.51 Reserve fuel; materials of trade.

Section 392.52 [Buses; fueling.] (Removed and Reserved)

Subpart G - Prohibited Practices

Section 392.62 [(Removed and Reserved)] Safe operation, buses.

Section 392.68 [Motive power not to be disengaged.] (Removed and Reserved)

PART 393 PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

Subpart A - General

Section 393.1 Scope of the rules [in] of this part.

Subpart B - Lighting Devices, Reflectors, and Electrical Equipment

Section 393.13 Retroreflective sheeting and reflex reflectors, requirements for semitrailers and trailers manufactured before December 1, 1993.

Subpart C - Brakes

Section 393.55 Antilock brake systems.

Subpart G - Miscellaneous Part and Accessories

Section 393.83 Exhaust systems [location].

Section 393.86 Rear impact guards and rear end protection.

[APPENDIX D TO SUBCHAPTER B - TABLE OF DISQUALIFYING DRUGS AND OTHER SUBSTANCES, SCHEDULE I

APPENDIX E TO SUBCHAPTER B - TABLES OF DISQUALIFYING DRUGS AND OTHER SUBSTANCES, SCHEDULES II THROUGH V]