New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 33 - FLEET REPORTING REQUIREMENTS › Section 7:27-33.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Backup vehicle" means a self-propelled motor vehicle designed for on-highway use that is used intermittently to maintain service during periods of routine or unplanned maintenance, unexpected vehicle breakdowns, or accidents, but is not used in everyday or seasonal operations.
"Broker" means a person who has broker authority from the Federal Motor Carrier Safety Association and, for compensation, arranges, or offers to arrange, the transportation of property by an authorized motor carrier.
"Business" means an occupation, profession, or trade; a person, partnership, or corporation engaged in commerce, manufacturing, or a service; or a profit-seeking enterprise or concern.
"Common ownership or control" means being owned or managed day-to-day by the same person or entity. Vehicles managed by the same directors, officers, or managers, or by corporations controlled by the same majority stockholders are considered to be under common ownership or control even if their title is held by different business entities. Common ownership or control of a Federal government vehicle shall be the primary responsibility of the unit that is directly responsible for its day-to-day operational control.
"Corporate parent" means a business that possesses the majority of shares in another business, which gives them control of their operational procedures.
"Dealer" means any person actively engaged in the business of offering to sell, soliciting, or advertising the sale, buying, transferring, leasing, selling, or exchanging of new motor vehicles and who has an established place of business.
"Department" means the New Jersey Department of Environmental Protection.
"Dispatched" means provided direction or instruction for routing a vehicle(s), whether owned or under contract, to specified destinations for a specific purpose(s), including, but not limited to, delivering cargo, passengers, property, or goods, providing a service, or assisting in an emergency.
"Emergency vehicle" means any publicly owned vehicle operated by a peace officer in the performance of their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls, and any publicly owned authorized emergency vehicle used by an emergency medical technician or paramedic or any ambulance used by a private entity under contract with a public agency.
"Established place of business" means a place actually occupied, either continuously or at regular periods, for business use.
"Facility" means any property with one or more unique physical addresses.
"Facility category" means a classification of different facility types based on a facility's primary purpose. Facility categories are defined as the following:
1. "Administrative/office building" means a building or structure used primarily for day-to-day activities that are related to administrative tasks, such as financial planning, recordkeeping, billing, personnel, physical distribution, and logistics, within a business.
2. "Distribution center/warehouse" means a location used primarily for the storage of goods that are intended for subsequent shipment.
3. "Hotel/motel/resort" means a commercial establishment offering lodging to travelers and, sometimes, to permanent residents.
4. "Manufacturer/factory/plant" means a location with equipment for assembling parts, producing finished products, intermediate parts, or energy products.
5. "Medical/hospital/care" means an institution engaged in providing, by, or under the supervision of, physicians, inpatient diagnostic, and therapeutic services or rehabilitation services by, or under the supervision of, physicians.
6. "Multi-building campus/base" means a property typically operated by a single entity with several buildings, often serving multiple purposes.
7. "Restaurant" means a business establishment where the primary purpose is serving meals or refreshments that may be purchased.
8. "Service center" means a facility that supports a business operation that generates revenue by providing a specific service or product, or a group of services or products, to a customer.
9. "Store" means an establishment that sells goods or a variety of goods and services to the general public.
10. "Truck/equipment yard" means an establishment that primarily stores or dispatches trucks and equipment, such as a garage or parking lot.
11. "Any other facility type" means any facility that is not included in this section.
"Fleet" means one or more self-propelled on-road vehicles under common ownership or control of a person, business, or agency. This includes vehicles that are rented or leased from a business that regularly engages in the trade or business of leasing or renting motor vehicles without drivers where the vehicle rental or leasing agreement for the use of a vehicle is for a period of one or more years.
"Fleet owner" means, except as modified at paragraphs 1 and 2 below, either the person registered as the owner or lessee of a vehicle by the New Jersey Motor Vehicle Commission, or its equivalent in another state, province, or country, as evidenced on the vehicle registration document carried in the vehicle.
1. For vehicles that are owned by the Federal government and not registered in any state or local jurisdiction, the owner shall be the department, agency, branch, or other entity of the United States, including the United States Postal Service, to which the vehicles in the fleet are assigned or which have responsibility for maintenance of the vehicles.
2. For a vehicle that is rented or leased from a business that is regularly engaged in the trade or business of leasing or renting motor vehicles without drivers, the owner shall be the rental or leasing entity if the rental or lease agreement for the use of a vehicle is for a period of less than one year, otherwise the owner shall be the renter or lessee.
"Government agency" means any Federal, state, or local governmental agency, or any other public entity with taxing authority.
"Gross annual revenue" means the total revenue, receipts, and sales reported to the Internal Revenue Service for a consecutive 12-month period.
"Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.
"Lease" means any commercial transaction recognized under the laws of this State as a means of creating a right to use a good, and includes renting. It also includes offering to rent or lease.
"Local government" is one or a cooperating combination of the entities defined as a contracting unit under the Local Public Contracts Law, N.J.S.A. 40A:11-2(1); a board of education under the Public School Contracts Law, N.J.S.A. 18A:18A-2.a; or a county college under the County College Contracts Law, N.J.S.A. 18A:64A-25.2.b.
"Motor carrier" means a person that transports passengers or property for compensation. A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker when it arranges or offers to arrange the transportation of shipments that it is authorized to transport and that it has accepted and legally bound itself to transport.
"Motor vehicle" or "vehicle" means every device in, upon, or by which, a person or property is, or may be, transported other than by muscular power, excepting such devices that run only upon rails or tracks and motorized bicycles.
"On-road" means operated on the roadways of the State, excluding equipment that is not commonly operated on a roadway, except when that equipment is used for roadway construction and repair.
"Person" means any individual or entity and shall include, without limitation, corporations, companies, associations, societies, firms, partnerships, and joint stock companies, and shall also include, without limitation, all political subdivisions of any states, and any agencies or instrumentalities thereof.
"Subhauler" means a for-hire motor carrier who enters into an agreement to provide transportation services on the behalf of another motor carrier or broker.
"Subsidiary" means a company controlled by another company.
"Vehicle body type" means commonly used vehicle body descriptions to be used in responding to questions about the fleet of vehicles including the following: beverage truck, boom/bucket, box reefer, box dry van, bus-school, bus-shuttle, bus-other, car/SUV, car carrier, concrete mixer, concrete pump, crane, drill rig, dump, flatbed or stake bed, garbage front loader, garbage side loader, garbage packer, garbage roll-off, other, pickup bed, service body, sweeper, tank, tractor day cab, tractor sleeper cab, tow, vacuum, water, van-cargo, van-step, van-passenger, or onroad yard tractor.
"Vehicle home base" means the location where a vehicle is domiciled, such as a business location where a vehicle is typically kept when not in use. For vehicles that are kept at a personal residence or kept at a location that is not operated by the entity when not in use, the vehicle home base shall be the location where the vehicle is dispatched from or where the vehicle is repaired or maintained.
"Vehicles awaiting sale" means vehicles in the possession of dealers, financing companies, or other entities that do not intend to operate the vehicle in New Jersey or offer the vehicle for hire for operation in New Jersey, and that are operated only to demonstrate functionality to potential buyers or to move short distances while awaiting sale for purposes such as maintenance or storage.
"Weight class bin" means a list of vehicles categorized by GVWR. The weight class bins are one of the following:
1. "Class 2b-3" means a motor vehicle designed for on-road use with a GVWR from 8,501 pounds to 14,000 pounds. The types of vehicles in this category generally include full-size pickup trucks, smaller utility trucks, cargo vans, and passenger vans.
2. "Class 4-6" means a motor vehicle designed for on-road use with a GVWR from 14,001 pounds to 26,000 pounds.
3. "Class 7-8" means a motor vehicle designed for on-road use with a GVWR greater than 26,000 pounds.