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2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2a - Child passenger restraint systems.

39:3-76.2a Child passenger restraint systems.
1. Every person operating a motor vehicle, other than a school bus, equipped with safety belts or a Lower Anchors and Tethers for Children system (LATCH) who is transporting a child on roadways, streets or highways of this State, shall secure the child in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat as follows:
a. A child under the age of two years and weighing less than 30 pounds shall be secured in a rear facing child passenger restraint system, which is equipped with a five-point harness.
b. A child under the age of four years and weighing less than 40 pounds shall be secured:
(1) in a rear facing child passenger restraint system, which is equipped with a five-point harness, until the child outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system, at which point the child shall be secured in a rear seat, in a forward facing child passenger restraint system which is equipped with a five-point harness; or
(2) in a forward facing child passenger restraint system which is equipped with a five-point harness.
c. A child under the age of eight years and less than 57 inches in height shall be secured:
(1) in a forward facing child passenger restraint system which is equipped with a five-point harness, until the child outgrows the top height or top weight recommendations made by the manufacturer of the child passenger restraint system, at which point the child shall be secured in a rear seat, in a booster seat; or
(2) in a booster seat.
d. If there are no rear seats, the child shall be secured in a child passenger restraint system or booster seat in a front seat of a motor vehicle except that no child shall be secured in a rear facing child passenger restraint system in a front seat of any motor vehicle which is equipped with a passenger-side airbag that is not disabled or turned off.
e. In no event shall failure to be secured in a child passenger restraint system or booster seat be considered as contributory negligence, nor shall the failure to be secured in the child passenger restraint system or booster seat be admissible as evidence in the trial of any civil action.
L.1983, c.128, s.1; amended 2001, c.244, s.1; 2015, c.50, s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2c - Informational material.

39:3-76.2c Informational material.
3. The Division of Highway Traffic Safety in the Department of Law and Public Safety shall print materials to adequately inform the public about the types of child passenger restraint systems and booster seats meeting federal motor vehicle safety standards to reflect the provisions of section 1 of P.L.2015, c.50. These materials may be made available to car dealers, parent groups, hospitals, pediatricians and the general public.
L.2001, c.244, s.3; amended 2015, c.50, s.2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2d - Violations, fines.

39:3-76.2d Violations, fines.
4. Any person guilty of violating any of the provisions of this act shall be fined not less than $50 and not more than $75.
L.1983, c.128, s.4; amended 2015, c.50, s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2e - Short title.

39:3-76.2e. Short title.
This act shall be known and may be cited as the "Passenger Automobile Seat Belt Usage Act."
L.1984, c. 179, s. 1, eff. March 1, 1985.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2f - Seat belt usage requirements; driver's responsibility.

39:3-76.2f Seat belt usage requirements; driver's responsibility.
2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under eight years of age and less than 57 inches in height, all passengers under eight years of age and at least 57 inches in height, and all passengers who are at least eight years of age but less than 18 years of age, and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.
b. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger who is at least eight years of age but less than 18 years of age.
c. All rear seat passengers 18 years of age or older of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.
For the purposes of the "Passenger Automobile Seat Belt Usage Act," the term "passenger automobile" shall include vans, pick-up trucks, and utility vehicles.
L.1984, c.179, s.2; amended 1999, c.422, s.1; 2001, c.244, s.2; 2009, c.318, s.1; 2015, c.50, s.4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2g - Exceptions to seat belt usage requirements.

39:3-76.2g Exceptions to seat belt usage requirements.
3. This act shall not apply to a driver or passenger of:
a. A passenger automobile manufactured before July 1, 1966;
b. A passenger automobile in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons;
c. A passenger automobile which is not required to be equipped with a safety seat belt system under federal law;
d. A passenger automobile operated by a rural letter carrier of the United States Postal Service while performing the duties of a rural letter carrier; or
e. A passenger automobile which was originally constructed with fewer safety seat belt systems than are necessary to allow the passenger to be buckled.
L.1984, c.179, s.3; amended 1999, c.422, s.2; 2009, c.318, s.2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2h - Personal injury or death actions; effect of act

39:3-76.2h. Personal injury or death actions; effect of act
This act shall not be deemed to change existing laws, rules, or procedures pertaining to a trial of a civil action for damages for personal injuries or death sustained in a motor vehicle accident.
L.1984, c. 179, s. 4, eff. March 1, 1985.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2j - Violations, fines.

39:3-76.2j Violations, fines.
6. A person who violates section 2 of this act shall be fined $20.00. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation of this act. A person who is fined under this section for a violation of this act shall not be subject to a surcharge under the New Jersey Merit Rating Plan as provided in section 6 of P.L.1983, c.65 (C.17:29A-35).
L.1984,c.179,s.6; amended 1999, c.422, s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2k - Informational booklet; availability to public

39:3-76.2k. Informational booklet; availability to public
The Director of the Division of Motor Vehicles shall develop a booklet containing information on the benefits of wearing safety seat belt systems. The booklet shall be made available upon request to the general public.
L.1984, c. 179, s. 7, eff. March 1, 1985.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2l - Use of securement devices required.

39:3-76.2l Use of securement devices required.
1. a. The driver of a passenger automobile shall secure or cause to be secured any passenger using a wheelchair in a properly adjusted and fastened wheelchair securement and occupant securement device. The securement devices shall be in compliance with Federal Motor Vehicle Safety Standards.
For the purposes of this act, the term "passenger automobile" shall include vans, pick-up trucks, and utility vehicles.
b. A private entity which is primarily engaged in the business of providing transportation for passengers using wheelchairs shall secure or cause to be secured any passenger using a wheelchair using a properly adjusted and fastened four-point securement system. The private entity shall also properly secure any unoccupied wheelchair.
For the purposes of this subsection:
"Four-point securement system" means a complete four-point system that includes four wheelchair restraints to secure a wheelchair to the vehicle floor; a lap and shoulder belt that integrates to the rear wheelchair restraints; and floor anchorages installed in the vehicle floor.
L.2008, c.79, s.1; amended 2012, c.53, s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2m - Violations, penalties.

39:3-76.2m Violations, penalties.
2. A person who violates this act shall be fined $100. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation of this act. A person who is fined under this section for a violation of this act shall not be subject to a surcharge under the Motor Vehicle Violations Surcharge System as provided in section 6 of P.L.1983, c.65 (C.17:29A-35).
L.2008, c.79, s.2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2n - Violations considered secondary offense.

39:3-76.2n Violations considered secondary offense.
3. Enforcement of the provisions of subsection c. of section 2 of P.L.1984, c.179 (C.39:3-76.2f) by State or local law enforcement officials shall be accomplished by treating a violation thereof only as a secondary offense when a driver of a passenger automobile has been detained for some other suspected violation of Title 39 of the Revised Statutes or other law. Each rear seat passenger 18 years of age or older of a passenger automobile shall be responsible for any fine imposed pursuant to section 6 of P.L.1984, c.179 (C.39:3-76.2j) for failure to wear a seat belt pursuant to subsection c. of section 2 of P.L.1984, c.179 (C.39:3-76.2f).
L.2009, c.318, s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2o - Findings, declarations relative to unattended children in motor vehicles.

39:3-76.2o Findings, declarations relative to unattended children in motor vehicles.
1. The Legislature finds and declares that:
a. Statistics show that, on average, 38 children die each year from heat-related deaths after being trapped inside motor vehicles, and even the most well intentioned parents or caregivers can unknowingly leave a sleeping baby in a car resulting in the child's injury or even death.
b. The temperature of a vehicle, even with an open window, can rise rapidly and a child may easily incur heat stroke, causing brain damage or death within minutes.
c. In addition to heat stroke, the consequences of leaving a child unattended in and around a motor vehicle include the dangers of abduction, strangulation, trunk entrapment, being run over, and personal injuries caused by accidental and uncontrolled movement of the vehicle.
d. While motor vehicle related injuries are a leading cause of death among children in the United States, the deaths and injuries caused by leaving children unattended in and around motor vehicles are predictable and preventable and can be greatly reduced with increased awareness of the risks associated with this dangerous practice.
e. A public awareness campaign to provide information to, and promote educational programs for, families, teachers, and community members regarding the dangers of children being left unattended in and around motor vehicles is in the public interest and will serve the interests of public safety in this State.
L.2017, c.345, s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.2p - Public awareness campaign.

39:3-76.2p Public awareness campaign.
2. a. The Division of Highway Traffic Safety in the Department of Law and Public Safety, in consultation with the Department of Children and Families, shall establish a public awareness campaign to provide information to the general public concerning:
(1) the dangers of leaving a child unattended in and around a motor vehicle; and
(2) preventative measures that may be taken by parents or guardians to promote child safety and protect against injuries or death caused by leaving a child unattended in and around a motor vehicle.
b. The Director of the Division of Highway Traffic Safety shall provide printed and electronic educational materials concerning child safety in and around motor vehicles and shall disseminate those materials: to child care centers licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.); at public venues throughout the State; and by any other means as the director may determine, in collaboration with, and with the assistance of, other State, county, and municipal governmental entities including, but not limited to, distribution on the premises of, or through mail or electronic communications by, any office that is open to members of the general public and is operated, administered, or used to provide services to the general public by the Department of Children and Families and the New Jersey Motor Vehicle Commission.
c. The Director of the Division of Highway Traffic Safety shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than 24 months after the effective date of this act, on the activities and accomplishments of the public awareness campaign.
L.2017, c.345, s.2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.3 - Motorcycles, height of handle bar grips.

39:3-76.3 Motorcycles, height of handle bar grips.
2. No person shall operate on a public highway a motorcycle on which the handle bar grips are higher than the shoulder height of the operator when seated. For the purposes of this section, a motorcycle shall not include an autocycle.
L.1967, c.237, s.2; amended 1979, c.434; 2016, c.35, s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.3a - Motorcycles, conformance to federal standards, NHTSA certification.

39:3-76.3a Motorcycles, conformance to federal standards, NHTSA certification.
5. No motorcycle shall be operated on the public highways or roadways of this State unless the motorcycle was manufactured in compliance with applicable Federal Motor Safety Standards that were in effect on the day the motorcycle was manufactured and the motorcycle has a certification label, in the format prescribed by the National Highway Traffic Safety Administration, attesting to that compliance, permanently affixed by the original manufacturer.
L.2005,c.159,s.5.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.4 - Muffler systems for motorcycles

39:3-76.4. Muffler systems for motorcycles
In addition to the muffler requirements contained in section 39:3-70 of the Revised Statutes, motorcycles shall be equipped with muffler systems designed especially for motorcycles and of a type approved by the director.
L.1967, c. 237, s. 3, eff. Jan. 1, 1968.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.5 - Permanent seat; passengers; seat, hand holds and footrests; helmets; method of riding; violations; penalties

39:3-76.5. Permanent seat; passengers; seat, hand holds and footrests; helmets; method of riding; violations; penalties
a. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator. A passenger shall ride astride on a motorcycle only if the feet of that passenger rest firmly upon the footrests attached to the motorcycle as required by subsection b. of this section. A passenger on a motorcycle, whether riding astride or in a sidecar attached to the motorcycle, shall wear a securely fitted helmet of a size proper for that passenger as required under section 6 of P.L. 1967, c. 237 (C. 39:3-76.7).
A motorcycle operator who carries a passenger in violation of this subsection shall be fined not less than $50.00 nor more than $100.00.
b. Motorcycles designed to carry more than one person shall be equipped with adequate footrests for each passenger. Seats and footrests shall be of a type approved by the director. Handholds shall be required only insofar as they are necessary to comply with federal regulations.
L. 1967, c. 237, s. 4, eff. Jan. 1, 1968. Amended by L. 1979, c. 57, s. 1, eff. March 27, 1979; L. 1985, c. 15, s. 1, eff. Jan. 23, 1985.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.6 - Rules and regulations; motorcycle equipment

39:3-76.6. Rules and regulations; motorcycle equipment
The director is authorized to adopt rules and regulations covering the types and specifications of the equipment for motorcycles required by this act.
L.1967, c. 237, s. 5, eff. Jan. 1, 1968.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.7 - Protective helmets.

39:3-76.7 Protective helmets.
6. a. A person shall not operate or ride upon a motorcycle unless the person is wearing a securely fitted protective helmet of a size proper for that person and of a type approved by the chief administrator. A helmet shall be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The chief administrator is authorized and empowered to adopt rules and regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder. For the purposes of this section, a motorcycle shall not include an autocycle that is completely enclosed or any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering.
b. The chief administrator shall not assess motor vehicle points for the failure of a motorcycle operator or rider to wear a protective helmet.
L.1967, c.237, s.6; amended 1984, c.33, s.3; 1985, c.15, s.2; 1992, c.153; 2016, c.35, s.4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.8 - Goggles or face shield to be worn by motorcycle operator

39:3-76.8. Goggles or face shield to be worn by motorcycle operator
No person shall operate a motorcycle unless he wears goggles or a face shield of a type approved by the director. The director is authorized and empowered to adopt rules and regulations covering types of goggles and face shields and the specifications therefor and to establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder. For the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering.
L.1967, c. 237, s. 7, eff. Jan. 1, 1968. Amended by L.1984, c. 33, s. 4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.9 - Wind screen; goggles, face shields not necessary.

39:3-76.9 Wind screen; goggles, face shields not necessary.
8. The provisions of section 7 of P.L.1967, c.237 (C.39:3-76.8) with respect to goggles and face shields shall not apply to the operator of a motorcycle equipped with a wind screen or an autocycle that meets the specifications established by the chief administrator.
L.1967, c.237, s.8; amended 2016, c.35, s.5.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.10 - Sale of helmets, goggles or face shields; type and specifications approved by director

39:3-76.10. Sale of helmets, goggles or face shields; type and specifications approved by director
No person shall sell, offer for sale or distribute any protective helmets, goggles or face shields for use by the operators of motorcycles, or protective helmets for the use of passengers thereon, unless they are of a type and specifications approved by the director and appear on the list of approved devices maintained by the director.
L.1967, c. 237, s. 9, eff. Jan. 1, 1968.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-76.11 - Certain motorcycles prohibited on certain roads.

39:3-76.11 Certain motorcycles prohibited on certain roads.
7. A motorcycle having a motor with a maximum piston displacement that is less than 50 cubic centimeters or a motor that is rated at no more than 1.5 brake horsepower with a maximum speed of no more than 35 miles per hour on a flat surface shall not be operated upon limited-access interstate highways or public roads or highways with posted speed limits greater than 35 miles per hour.
Every person operating a motorcycle upon a public road or highway shall be subject to all of the duties applicable to the driver of a vehicle under chapter 4 of Title 39 of the Revised Statutes , N.J.S.2C:11-5 , section 1 of P.L.2017, c.165 (C.2C:11-5.3) and all amendments and supplements thereto.
L.2011, c.13, s.7; amended 2017, c.165, s.16.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-77 - Selling or using unapproved devices or equipment

39:3-77. Selling or using unapproved devices or equipment
No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle any unapproved device or equipment of a type which is required to be approved by the commissioner.
No person shall have for sale, sell, offer for sale or use any device, part or accessory which changes or is intended to change the design or designed performance of any device or equipment required to be approved.
No person shall have for sale, sell or offer for sale for use upon or as part of the equipment of any motor vehicle or motor-drawn vehicle any device or equipment of a type required to be approved unless such device or equipment bears thereon the trade-mark or name under which it is approved so as to be plainly visible when installed.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-77.1 - Use of national school bus chrome paint on motor vehicles

39:3-77.1. Use of national school bus chrome paint on motor vehicles
No motor vehicle with a capacity of more than 16 passengers shall be painted National School Bus Chrome, unless that vehicle is used to transport children to or from school, or a summer day camp, or any school connected activity.
Whenever any motor vehicle with a capacity of more than 16 passengers, which has been used for the transportation of children to or from school, or a summer day camp, or any school connected activity, is no longer used for these purposes, it shall be repainted a color distinctively different from National School Bus Chrome.
L.1971, c. 86, s. 1, eff. April 8, 1971.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-77.2 - Motor vehicles to which persons admitted to purchase merchandise or view exhibit; exit door

39:3-77.2. Motor vehicles to which persons admitted to purchase merchandise or view exhibit; exit door
Every motor vehicle, including any van or trailer, to which persons are admitted for the purpose of purchasing merchandise, including books, or for the purpose of viewing any exhibit, shall in addition to an entrance door be equipped with a separate exit door. Such exit shall be plainly identified as an exit and shall be kept unobstructed at all times.
L.1971, c. 457, s. 1, eff. Feb. 29, 1972.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.1 - Devices to prevent throwing of dirt on windshields of following vehicles

39:3-79.1. Devices to prevent throwing of dirt on windshields of following vehicles
No person shall operate or cause to be operated any bus, truck, full trailer or semitrailer of registered gross weight exceeding three tons on any public highway unless the same is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels, and, in case the rear wheels are not covered at the top by fender, body or other parts of the vehicle, the rear wheels shall be covered at the top by protective means, of such standard type or design and installed in such manner as shall be approved by the Director of the Division of Motor Vehicles in the Department of Law and Public Safety and as shall conform substantially to any requirements of the Interstate Commerce Commission governing similar subject matter, in order to prevent, as far as practical, such wheels from throwing dirt, water or other materials on the windshields of the following vehicles, except in cases in which the motor vehicle is so designed and constructed that the above requirements are accomplished by reason of fender or body construction or other means of enclosure; provided, however, this act shall not apply to pole trailers, dump trucks, tanks, or other vehicles where the construction thereof is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
L.1952, c. 343, p. 1122, s. 1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.2 - Violations

39:3-79.2. Violations
Any person who shall violate any of the provisions of this act shall, upon conviction, suffer and pay a penalty not exceeding fifty dollars ($50.00), or suffer imprisonment for a term not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the magistrate before whom such conviction is had.
L.1952, c. 343, p. 1123, s. 2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.4 - Identification of fuel cell vehicles.

39:3-79.4 Identification of fuel cell vehicles.
1. a. No person shall drive upon a public highway, road or street a motor vehicle registered or principally garaged in this State and powered primarily or secondarily by a compressed or liquified gaseous fuel unless the vehicle is identified with a weather resistant diamond shaped label which may be obtained from the New Jersey Motor Vehicle Commission or from a gas industry source.
b. A fee may be charged for the label. The amount of the fee shall be established by rule and regulation of the Chief Administrator of the New Jersey Motor Vehicle Commission and shall not exceed the reasonable cost of preparation and distribution.
c. As used in P.L.1984, c.55 (C.39:3-79.4 et seq.), "compressed or liquified gaseous fuel" shall not include a hydrogen fuel cell system used to power a motor vehicle, provided that the fuel cell system is installed by the vehicle manufacturer and the exterior of the vehicle includes a manufacturer-installed badge identifying it as being a fuel cell-powered vehicle.
L.1984, c.55, s.1; amended 2016, c.89.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.5 - Diamond shaped label; requirements; rules and regulations on placement and appearance

39:3-79.5. Diamond shaped label; requirements; rules and regulations on placement and appearance
The Director of the Division of Motor Vehicles may promulgate rules and regulations governing the placement and appearance of the label in addition to the following requirements:
a. The label shall be located on an exterior vertical or near vertical surface on the lower right rear of the vehicle, but not on the bumper, and toward the center and away from any other markings.
b. The label shall contain a border and one inch minimum height letters centered in the diamond.
c. The markings shall be of a silver or white reflective luminous material on a black background and the letters shall indicate the type of compressed or liquified gas used as fuel for the vehicle.
L.1984, c. 55, s. 2, eff. Sept. 1, 1984.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.6 - Inspection for compliance with provisions of act

39:3-79.6. Inspection for compliance with provisions of act
The vehicle identification required in this act shall, at the time of an inspection pursuant to this Title, be inspected for compliance with the provisions of this act.
L.1984, c. 55, s. 3, eff. Sept. 1, 1984.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.7 - Failure to comply; penalties

39:3-79.7. Failure to comply; penalties
Any person who fails to comply with sections 1 and 2 of this act following an inspection shall be subject to the penalties of R.S. 39:8-9.
L.1984, c. 55, s. 4, eff. Sept. 1, 1984.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.8 - Prohibition of supplying fuel to vehicle without label; violations; penalty

39:3-79.8. Prohibition of supplying fuel to vehicle without label; violations; penalty
a. Any person requested to supply the compressed or liquified gaseous fuel for any vehicle covered under this act shall refuse to provide the fuel unless the vehicle for which the fuel is intended displays the label required herein.
b. Any person who violates subsection a. of this section shall be liable for a penalty of $25.00 for the first offense and $50.00 for each subsequent offense which may be collected in accordance with "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.) by the Attorney General.
L.1984, c. 55, s. 5, eff. Sept. 1, 1984.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.9 - Publicity of provisions of act

39:3-79.9. Publicity of provisions of act
The Director of the Division of Motor Vehicles in the Department of Law and Public Safety shall periodically publicize the provisions of this act following its enactment.
L.1984, c. 55, s. 6, eff. Sept. 1, 1984.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.10 - Definitions relative to intermodal chassis.

39:3-79.10 Definitions relative to intermodal chassis.
1. As used in this act:
"Department" means the New Jersey Department of Transportation.
"Equipment interchange receipt" or "interchange receipt" means the receipt exchanged between an intermodal equipment provider or its agent and a motor carrier or its driver confirming acceptance of an intermodal chassis by a motor carrier and indicating the name of the intermodal equipment provider for such equipment.
"Intermodal chassis" or "chassis" means a trailer designed to carry intermodal freight containers.
"Intermodal equipment facility" means any facility in New Jersey at which intermodal chassis are maintained and interchanged to motor carriers by or on behalf of an intermodal equipment provider.
"Intermodal equipment provider" or "equipment provider" means the person or entity that provides an intermodal chassis to a motor carrier pursuant to a written interchange agreement or has responsibility for maintenance of the intermodal chassis.
"Systematic maintenance check program" or "SMC" means the eight-point intermodal chassis inspection program established by this act.
L.2005,c.234,s.1; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.11 - Systematic maintenance check program required; violations, penalties.

39:3-79.11 Systematic maintenance check program required; violations, penalties.
2. a. An intermodal equipment provider shall not tender for interchange in New Jersey with a motor carrier an intermodal chassis that has not passed the systematic maintenance check program required by this act or that fails to meet the requirements set forth in the Federal Motor Carrier Safety Regulations, 49 C.F.R. sections 393 and 396. Any intermodal equipment provider tendering to, or interchanging with, a motor carrier such equipment shall provide certification that the chassis is currently in compliance with the SMC program set forth in this act.
b. An intermodal equipment provider that violates this section shall be assessed a civil administrative penalty by the department up to $5,000, per occurrence, commensurate with the gravity of the offense. A civil administrative penalty imposed pursuant to this subsection may be recovered by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. Nothing in this act is intended to supersede or interfere with the commercial motor vehicle inspection requirements and standards set forth in 49 C.F.R. sections 393 and 396. Rather, this act imposes an additional requirement that an intermodal equipment provider inspect chassis on a routine basis and as otherwise required by this act.
L.2005,c.234,s.2; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.12 - Establishment, implementation of systematic maintenance check program.

39:3-79.12 Establishment, implementation of systematic maintenance check program.
3. a. An intermodal equipment provider shall establish and implement a systematic maintenance check program for the intermodal chassis that it tenders for interchange to motor carriers. The SMC program shall be consistent with Federal Motor Carrier Safety Regulations set forth in 49 C.F.R. sections 393 and 396 and shall include, but not be limited to, the following components or actions:
(1) tires;
(2) brakes;
(3) lights;
(4) a twist lock and safety lock inspection which includes ensuring that twist locks are operational and safety locks are working;
(5) wheel lubrication;
(6) frame;
(7) registration and federal and State inspection stickers; and
(8) upon the satisfactory completion of the inspection and any required actions necessary to bring the chassis into compliance with the inspection standards, the application of an SMC inspection sticker with the equipment provider's name, the inspector's name, and an expiration date set at six months following the inspection. Chassis which fail a SMC inspection shall be processed in accordance with section 4 of this act.
b. Each SMC inspection shall be recorded on a SMC inspection report that shall include, but not be limited to, all of the following:
(1) Positive identification of the intermodal chassis, including company identification number and vehicle license plate number;
(2) Date of and reason for each SMC inspection; and
(3) Signature, under penalty of perjury, of the inspector that the SMC inspection has been performed and that the chassis is roadworthy or, if the chassis failed the inspection, the specific reason for the failure.
L.2005,c.234,s.3; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.13 - Identification of out-of-service intermodal chassis.

39:3-79.13 Identification of out-of-service intermodal chassis.
4. a. Intermodal equipment providers shall implement a process to positively identify by means of a tag those intermodal chassis that are out-of-service as a result of having failed an inspection required by this act. The tag shall contain the name of the intermodal equipment provider, the inspector and the date that the chassis failed inspection. The tag shall be supplied by the intermodal equipment provider and shall meet the specifications determined by the department.
b. A chassis which is out-of-service as a result of having failed an inspection required by this act shall be transported, without a container, to a facility where repairs and maintenance may be performed. Defects identified during an SMC inspection of a chassis shall be repaired, and the repairs shall be recorded on the chassis maintenance file and on the SMC inspection report.
A chassis subject to this section shall not be interchanged with a motor carrier or operated on a public road in New Jersey until all defects listed during the inspection have been corrected, the chassis passes an SMC inspection, and an authorized inspector attests to that fact and affixes an SMC inspection sticker to the chassis.
L.2005,c.234,s.4; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.14 - Additional events causing immediate inspection.

39:3-79.14 Additional events causing immediate inspection.
5. In addition to the routine SMC inspection which must take place at least once every six months in accordance with section 3 of this act, the following events shall cause a full SMC eight-point inspection to be done immediately:
a. a repair is done to remedy a defect that would be the basis for failure of an SMC inspection other than a minor repair or minor equipment defect,
b. a defect is noted on an in-gate interchange receipt that would be the basis for failure of an SMC inspection other than a minor repair or minor equipment defect, or
c. an SMC inspection sticker has expired.
For purposes of this section, "minor repair or minor equipment defect" means any one of the following: the need to inflate tires; the need to replace lights, a lens or a reflector; a twistlock or safety lock inspection or a safety latch replacement; a simple confirmation of federal or State inspection stickers; or the reapplication of an SMC inspection sticker that has not expired.
L.2005,c.234,s.5; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.15 - Qualifications of inspectors.

39:3-79.15 Qualifications of inspectors.
6. Individuals performing SMC inspections pursuant to this act shall be qualified, at a minimum, as set forth in 49 C.F.R. sections 396.19 and 396.25. Evidence of each inspector's qualification shall be retained by the intermodal equipment provider at the intermodal equipment facility for the period of time during which the inspector is performing SMC inspections at that facility.
L.2005,c.234,s.6; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.16 - Request for repair, replacement prior to completion of interchange; violations, penalties.

39:3-79.16 Request for repair, replacement prior to completion of interchange; violations, penalties.
7. a. Any motor carrier or driver who, as a result of the pre-trip inspection of the intermodal chassis, determines the intermodal chassis to be in an unsafe operating condition shall request that the intermodal equipment provider repair or replace the intermodal chassis prior to completion of the interchange. It shall be at the discretion of the intermodal equipment provider whether to repair or to replace the chassis.
In the event a driver is forced to wait for more than one hour while the chassis is repaired or replaced, the intermodal equipment provider shall compensate the driver at an hourly rate to be set by the department based upon the average rate in comparable situations.
b. If a driver's request for repair or replacement is refused by the equipment provider, which shall be a violation of this section, the driver may file a complaint with the department. If, after an equipment provider has been afforded an opportunity for a hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the department determines that the equipment provider has violated this section, that person shall be subject to a civil administrative penalty to be imposed by the department not to exceed $1,000 for the first violation and not more than $5,000 for each subsequent violation. A civil administrative penalty imposed pursuant to this subsection may be recovered by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
L.2005,c.234,s.7; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.17 - Records maintained for three years, format.

39:3-79.17 Records maintained for three years, format.
8. Records of inspections, maintenance or repairs of chassis performed pursuant to this act shall be maintained for three years and made available upon request of the department or a motor carrier which has transported the chassis.
All records required by this act may be kept in a digital format or other media allowing for the storage and retrieval of data if printouts of those records can be provided upon request at the intermodal equipment facility.
L.2005,c.234,s.8; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.18 - Registration for intermodal equipment provider required.

39:3-79.18 Registration for intermodal equipment provider required.
9. a. Any intermodal equipment provider that tenders intermodal chassis for interchange in New Jersey with a motor carrier shall register with the New Jersey Department of Transportation in accordance with regulations promulgated pursuant to this act.
b. Every registered intermodal equipment provider shall certify to the department on an annual basis that the equipment provider is conducting a systematic maintenance check program for intermodal chassis that is in compliance with this act.
c. The department may conduct audits at an intermodal equipment facility as it deems necessary to effectuate the purposes of this act, including, but not limited to, when an intermodal equipment provider has demonstrated a history of non-compliance with any requirements of this act. The audit shall include, but not be limited to, SMC inspection, tagging and processing of failed chassis, repair, and record-keeping requirements. The department is authorized to enter any intermodal equipment facility for the purposes of conducting the audits.
As part of the audits, the department may request the New Jersey State Police or, if the chassis is tendered at a port, the police of the authority operating that port, to accompany the department and to conduct a limited number of chassis inspections in order to determine that SMC inspection and identification requirements are being met. Any New Jersey State Police officer trained to inspect intermodal chassis is authorized to enter any intermodal equipment facility for the purposes of conducting inspections as part of an audit by the department. Nothing herein shall limit the authority of an authorized member of the State Police or the police of the authority operating the port to enter upon and perform inspections of vehicles in operation upon the highways of this State or at the premises or places of business of the owner or lessee of such vehicles.
d. If, during an audit, the department determines that an intermodal equipment provider has failed to comply with any of the requirements of this act, the department shall:
(1) direct the intermodal equipment provider to comply immediately with the requirements of this act; and
(2) impose a civil administrative penalty on the intermodal equipment provider of up to $5,000, commensurate with the gravity of the offense, for every day that the intermodal equipment provider fails to comply with the requirements of this act. A civil administrative penalty imposed pursuant to this subsection may be recovered by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
L.2005,c.234,s.9; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.20 - Interference with act deemed violation; penalties.

39:3-79.20 Interference with act deemed violation; penalties.
11. It shall be a violation of this act to interfere with or attempt to interfere with the duties, obligations, rights or remedies of a motor carrier or its driver, an intermodal equipment provider, or an SMC inspector as provided in this act. If, after a person has been afforded an opportunity for a hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the department determines that the person has violated this section, that person shall be subject to a civil administrative penalty to be imposed by the department not to exceed $1,000 for the first violation and not more than $5,000 for each subsequent violation. A civil administrative penalty imposed pursuant to this subsection may be recovered by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
L.2005,c.234,s.11; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.21 - Rules, regulations.

39:3-79.21 Rules, regulations.
12. The department shall adopt such rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
L.2005,c.234,s.12; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:3-79.22 - Additional fines to the fund for operation without certificate required by R.S.48:4-3 for omnibus.

39:3-79.22 Additional fines to the fund for operation without certificate required by R.S.48:4-3 for omnibus.
3. Whenever an owner or operator of an omnibus, as defined pursuant to R.S.39:1-1, does not have a certificate of public convenience and necessity as required pursuant to R.S.48:4-3 and that owner or operator is convicted of an equipment violation pursuant to any provision in chapter 3 of Title 39 of the Revised Statutes, or any regulation promulgated pursuant thereto, in addition to and independent of any fine or other penalty provided for under law, the court shall impose an additional fine of $150 on that owner or operator. The State Treasurer shall annually deposit the monies collected from the fines imposed pursuant to this section to the "Omnibus Safety Enforcement Fund" established pursuant to section 4 of P.L.2007, c.40 (C.39:3-79.23). The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to R.S.39:5-41.
L.2007, c.40, s.3.