NJ FMCSR Adoption

Questions about N.J.A.C. 13:60

1. Who does this law apply to?

   This law applies to all carriers operating commercial motor vehicles on highways in the State of New Jersey.  The vast majority of commercial motor vehicles operating in New Jersey will be unaffected by the changes to the law, however a subset of vehicles that were previously not included in the definition of a commercial vehicle in New Jersey will now be considered such.
   The law defines a commercial motor vehicle as any self-propelled or towed motor vehicle used on a highway to transport passengers or property when the vehicle:

   1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
   2. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
   3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
   4. 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 49 CFR, subtitle B, chapter I, subchapter C.

2. Why has the law changed?

   N.J.S.A 13:60 was enacted in order to maintain compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations.  To ensure CMV’s and Drivers meet minimum safety standards while operating on the highways of this state.  This will permit the State of New Jersey to continue to enforce the Federal Motor Carrier Safety Regulations (FMCSR) and to participate in the Federal safety-enforcement programs and to receive Federal aid for doing so.

3. When does this law go into effect?

   The regulations were adopted on February 5, 2015.

4. What commercial motor vehicle safety regulations are included in the law?

   The law requires intrastate commercial motor vehicle owners and/or operators to meet federal requirements including, but not limited to, each of the following:

   • USDOT numbers and vehicle markings (49 CFR § 390)
   • Driver qualifications and medical cards (49 CFR § 391)
   • Federal Motor Carrier Safety Regulations, General (49 CFR § 390)
   • Driving of commercial motor vehicles (49 CFR § 392)
   • Parts and accessories necessary for safe operation (49 CFR § 393)
   • Hours of service (49 CFR § 395)
   • Vehicle inspection, repair, and maintenance (49 CFR § 396)

5. What is the difference between interstate and intrastate commerce?

   According to 49 CFR 390.5:

   Interstate commerce means trade, traffic, or transportation in the United States—

   (1) Between a place in a State and a place outside of such State (including a place outside of the United States);

   (2) Between two places in a State through another State or a place outside of the United States; or

   (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

   Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term “interstate commerce.

Questions about specific requirements under N.J.A.C. 13:60

1. Does N.J.A.C. 13:60 change New Jersey’s commercial driver license (CDL) requirements?

   No.

2. Do I need a commercial driver license (CDL) if my vehicle or combination weight rating or actual weight is over 10,000 pounds?

   No, unless the vehicle meets the specifications detailed in N.J.S.A. 39:3-10.11 or 49 CFR § 383.5.  New Jersey State Police is tasked with enforcing compliance with state and Federal registration and licensing requirements

3. How can I get a USDOT Number?

   Visit FMCSA’s website (https://cms.fmcsa.dot.gov/registration/do-i-need-usdot-number-4) to determine if you need a USDOT Number. Answer the questions to determine if you need a USDOT Number. If so, you will be directed to the Unified Registration System to receive a Number.

4. What information must be displayed on commercial motor vehicles?

   Commercial motor vehicles are required to display the following:

   • USDOT # on both sides of the commercial motor vehicle, using contrasting colors and visible up to 50 feet;
   • Legal trade name on both sides of the commercial motor vehicle, using contrasting colors and visible up to 50 feet;
   • Municipality of the principal place of business, displayed conspicuously with contrasting colors and 3 inch letter height; and
   • Gross vehicle weight rating. Every owner of a commercial motor vehicle as defined in section 3 of P.L.1990, c.103 (C.39:3-10.11) which has a gross vehicle weight rating or a combined gross vehicle weight rating of 26,001 pounds or more and is registered or principally garaged in this State shall display the gross vehicle weight rating (GVWR) for the vehicle in the manner set forth in subsection a. of this section. For purposes of this subsection, GVWR means the value specified by the manufacturer as the maximum loaded weight of a single or combination (articulated) vehicle, or registered gross weight, whichever is greater.

5. What information must be included in the Driver Qualification File?

   Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver's qualification file may be combined with his/her personnel file. The driver qualification file must include all elements specified in 49 CFR § 391.51, including, but not limited to:

   1. The driver’s application for employment
   2. A copy of the motor vehicle record received from each state record
   3. Certificate of driver’s road test issued to the driver, or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver's road test
   4. The motor vehicle record received from each state driver licensing agency
   5. A note relating to the annual review of the driver’s driving record
   6. A list or certificate relating to violations of motor vehicle laws and ordinances
   7. The medical examiners certificate or a legible copy of the certificate, with exceptions
   8. A Skill Performance Evaluation Certificate or the Medical Exemption document
   9. A note relating to the verification of medical examiner listing on the National Registry of Certified Medical Examiners. 

   A full list and explanation of requirements can be found in 49 CFR § 391.51.

6. How can I find a certified medical examiner?

   For a list of approved medical examiners visit the following site: https://nationalregistry.fmcsa.dot.gov/NRPublicUI/home.seam

7. What vehicles are subject to New Jersey state safety inspection requirements?

   According to N.J.A.C. 13:20-7 (b), the following motor vehicles subject to inspection pursuant to N.J.S.A. 39:8-1 shall be inspected on an annual basis:

   1. Gasoline-fueled and bi-fueled motor vehicles that are registered as commercial motor vehicles pursuant to N.J.S.A. 39:3-20;
   2. Diesel-fueled motor vehicles having a GVWR of 8,500 pounds or less that are registered as commercial vehicles;
   3. Passenger vehicle transportation;
   4. Heavy duty diesel powered motor vehicles having a GVWR of 18,000 pounds or more; and
   5. Driving school vehicles.

   According to N.J.A.C. 13:20-7 (c), the following vehicles, some of which may be subject to inspection under other provisions of law or rule, shall be exempt from the inspection requirements of this subchapter:

   1. Historic motor vehicles registered pursuant to N.J.S.A. 39:3-27.4;
   2. Collector motor vehicles;
   3. Motorized bicycles and motorcycles;
   4. Farm tractors and traction equipment;
   5. Farm machinery and implements;
   6. Fire trucks having a GVWR of more than 8,500 pounds;
   7. In-transit construction equipment registered pursuant to N.J.S.A. 39:4-30;
   8. Diesel-fueled motor vehicles having a GVWR of 8,501 pounds or more that are required to be inspected by the owner or lessee of the vehicle in accordance with N.J.A.C. 13:20-26;
   9. Diesel powered motor vehicles having a GVWR of greater than 8,500 pounds but less than 10,000 pounds registered as a passenger vehicle in accordance with N.J.S.A. 39:3-4;
   10. Diesel powered motor vehicles model year 1996 or older having a GVWR less than 8,501 pounds registered as passenger vehicle in accordance with N.J.S.A. 39:3-4;
   11. Omnibuses that are subject to inspection by the Commission's Inspection Services Bus Inspection Unit;
   12. School buses that are subject to inspection by the Commission's Inspection Services Bus Unit in accordance with N.J.S.A. 39:3B-18 et seq.;
   13. Tactical military vehicles operated on Federal installations within this State;
   14. Electric vehicles and other vehicles not fueled by hydrocarbon based fuel;
   15. Vehicles with model year 1995 and older except those vehicles in (b)1 through 5 above;
   16. Vehicles registered under provision of N.J.S.A. 39:3-18;
   17. Gasoline or bi-fueled model year 2007 or older passenger vehicles with a GVWR of 8,501 to 14,000 pounds; and
   18. Gasoline or bi-fueled model year 2013 or older passenger vehicles with a GVWR of 14,001 pounds or greater.

8. Does my trailer have to be inspected?

   Yes, if it meets the definition of a commercial motor vehicle under 49 CFR § 390.5 it must comply with 49 CFR § 396.17.

   (1) § 396.17   Periodic inspection.

   Every commercial motor vehicle must be inspected as required by this section. The inspection must include, at a minimum, the parts and accessories set forth in appendix G of this subchapter. The term commercial motor vehicle includes each vehicle in a combination vehicle. For example, for a tractor semitrailer, full trailer combination, the tractor, semitrailer, and the full trailer (including the converter dolly if so equipped) must each be inspected.

   If the trailer does not meet the definition above in must comply with below requirements:

   Every trailer, semitrailer, or pole trailer  is defined as a “vehicle” in New Jersey subject to the inspection and maintenance requirements specified in N.J.A.C. 13:20, as applicable.

9. Where can I have a state inspection performed?

   Beginning in summer 2016, state inspections of commercial motor vehicles will not be performed at state inspection facilities.  State inspections will have to be performed at private inspection facilities.  A list of private garages licensed to conduct state inspections and diesel emissions inspections is available on the New Jersey Motor Vehicle Commission Website.

Questions seeking more information

1. What do all of the acronyms used on this website mean?

   The following is a list of common acronyms used on this website:

   CDL	Commercial Driver’s License
   CDLIS	Commercial Driver’s License Information System
   CFR	Code of Federal Regulations
   CLP	Commercial Learner’s Permit
   CMV	Commercial Motor Vehicle
   FMCSA	Federal Motor Carrier Safety Administration
   FMCSR	Federal Motor Carrier Safety Regulations
   GCW	Gross Combination Weight
   GCWR	Gross Combination Weight Rating
   GVW	Gross Vehicle Weight
   GVWR	Gross Vehicle Weight Rating
   N.J.A.C.	New Jersey Administrative Code
   N.J.S.A.	New Jersey Statutes Annotated
   USDOT	United States Department of Transportation

2. Where can I find additional information?

   A summary brochure is available at the following site:

   Or, contact:

   New Jersey State Police
   Transportation Safety Bureau
   P.O. Box 7068
   West Trenton, NJ 08628
   Phone No.:  609-951-8719
   Email:  njadoption@gw.njsp.org
   Web site:  https://njsp.org/njadoption

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