reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 7 - GENERAL LICENSE REQUIREMENTS › Section 16:64-7.7 - Recurrent training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All pilots
				shall be required to undergo recurrent training, implemented by the Pilots
				Association and/or Independent Pilots Association, in a form and frequency
				approved by the Commission pursuant to a detailed plan submitted to the
				Commission. Upon completion of the training each pilot shall submit a
				certificate of completion.
(b) The
				Commission shall review the plans to assure that the plans provide for an
				appropriate level and schedule of training, which may include, but not be
				limited to, bridge resource management, emergency ship handling, and
				communications.
(c) The Commission
				shall approve or reject the plan. In the event the Commission rejects the plan,
				it shall advise the Pilots Association and/or the Independent Pilots
				Association of needed changes required for the Commission to approve the plan.
				The Pilots Association or the Independent Pilots Association shall submit a
				revised plan for the Commissions review and approval within 30 days of receipt
				of the Commissions rejection.
(d)
				To the extent possible, plans shall provide for coordinated training among the
				parties in interest.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 8 - DUTIES OF PILOTAGE › Section 16:64-8.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the duties and requirements that
				  must be met by all maritime pilots, docking pilots, and apprentices, except as
				  otherwise noted.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 8 - DUTIES OF PILOTAGE › Section 16:64-8.2 - Piloting duties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pilot shall,
				in a timely fashion, provide pilotage services to all regulated vessels. A
				maritime pilot shall only pilot a vessel of a size (tonnage or draft) that is
				authorized by the pilots state license.
(b) Maritime pilots shall be available for
				duty and accept pilotage assignments in accordance with a rotation schedule
				established by the Association.
(c)A maritime pilot of an inbound vessel or a
				vessel being transported is entitled to discharge by the master of the vessel
				when the vessel has been brought to a safe anchorage or secured in the berth to
				which the vessel is bound.
(d)Whenever requested by the master, the
				pilot shall dock or undock a vessel.
(e) A pilot is entitled to discharge by the
				master of an outbound vessel when relieved by a maritime pilot or the vessel
				reaches the vicinity of the pilot station, unless the master expressly requests
				the pilot to remain on board for such purposes as returning the vessel to port,
				bringing the vessel to a safe anchorage, assisting due to weather conditions,
				or assisting the master in maneuvering the vessel in the vicinity of the pilot
				station.
(f)When requested by the
				master to remain with a vessel at an anchorage or berth, the pilot shall do so
				or arrange for a relief and shall not leave until the relief arrives. A pilot
				shall not leave a vessel that is underway unless the pilot has been properly
				relieved.
(g)All pilots shall
				comply with the Rules of the Road as defined in
				16:64-1.3.
(h)Except in circumstances which prevent
				their use, maritime pilots shall use a carry-on device which includes
				electronic charts coupled with a differential global positioning system and
				which displays the vessel's position and track while the maritime pilot is
				piloting a vessel or is on the bridge of a vessel being piloted by a docking
				pilot.
(i)The devices referred to
				in (h) above shall record the track of the vessel while it is being piloted. In
				the event the vessel is involved in an occurrence, the maritime pilot shall
				preserve the recording until the Commission authorizes its disposition.
(j)All pilots shall wear a Safety
				Of Life At Sea (SOLAS) or U.S. Coast Guard approved Type I, II, III or V
				personal floatation device (PFD) when transferring between vessels or between a
				vessel and land and in such other situations as conditions dictate. All pilots
				shall equip the PFD with a strobe light, a marine grade lift ring (or harness)
				and a whistle. It is recommended that all pilots boarding ships at sea,
				especially south of the Verrazano Narrows Bridge also be equipped with a
				satellite or other type Man Overboard (MOB) locator beacon. The pilots shall,
				at a minimum, maintain the equipment in accordance with the manufacturer's
				recommendations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 8 - DUTIES OF PILOTAGE › Section 16:64-8.3 - Master-pilot conference and unsafe passages

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior
				to assuming the con of a regulated vessel, a docking pilot shall conduct a
				master/docking pilot conference.
(b) During the conference, the docking pilot
				will provide the master and any maritime pilot present with information that a
				prudent pilot should convey under the prevailing circumstances including, but
				not limited to:
1. Information specific to
				navigation and conditions along the intended route;
2. Tug assistance;
3. Transfer pilotage duties to
				others;
4. The docking pilot's
				lookout and anchor watch requirements; and
5. The docking pilot's bridge manning
				requirements.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 8 - DUTIES OF PILOTAGE › Section 16:64-8.4 - Occurrences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any pilot or
				apprentice who witnesses an occurrence or who is aboard a vessel involved in an
				occurrence shall comply with the following:
1. Immediately after the occurrence, and as
				soon as the pilots or apprentices services are no longer needed, provide a
				verbal report to the Commission;
2.
				Within 72 hours, or one business day, whichever is longer, provide the
				Commission with a written report, on a form provided by the Commission, with a
				detailed description of the occurrence and photostatic copies of other material
				that might assist in investigating and determining the cause of the occurrence,
				which may include:
i. Witness
				statements;
ii. Deck and engine log
				books and bell books;
iii. Pilot
				cards;
iv. Voyage plans;
v. Photographs;
vi. Position plots;
vii. Soundings; and
viii. Depth-measuring devices printouts;
				and
3. Submit to a
				post-occurrence chemical drug test for evidence of dangerous drugs and alcohol
				in accordance with the requirements of
				16:64-9.9.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 8 - DUTIES OF PILOTAGE › Section 16:64-8.5 - Piloting in a safe environment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any pilot who
				deems the boarding of a vessel to be unsafe may refuse to board the
				vessel.
(b) Upon refusal to board a
				vessel, the pilot must request that this refusal be logged.
(c) The pilot must also report this refusal
				to the Association, the Coast Guard, and the Commission.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to maintain a drug- and alcohol-free workplace. This
				subchapter applies to all maritime pilots, docking pilots, and
				apprentices.
(b)This subchapter
				prohibits the use or possession of dangerous drugs by a licensed pilot or
				registered apprentice whether on duty, subject to being called on duty or off
				duty.
(c)This subchapter also
				prohibits the use of alcohol by a licensed pilot or registered apprentice
				whether on duty or subject to being called on duty, or during an eight-hour
				period prior to being on duty or subject to being called on duty.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.3 - Prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No pilot or apprentice shall:
1. Use, possess, manufacture, distribute,
				sell, or dispense dangerous drugs at any time when on duty or off duty, except
				as set forth in
				16:64-9.4;
2.Consume alcohol on duty or subject to being
				called on duty, or during an eight hour period prior to being on duty or
				subject to being called on duty;
3.Be intoxicated by having a blood alcohol
				concentration of .04 percent or greater either while on duty or subject to
				being called on duty, or during an eight hour period prior to being on duty or
				subject to being called on duty;
4.Fail to cooperate with any aspect of the
				specimen collection or chemical drug testing program; or
5.Violate any provision of this subchapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.4 - Use of prescribed dangerous drugs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Possession
				and/or use of dangerous drugs by a pilot or apprentice are permitted if:
1.The drugs are specifically prescribed by a
				physician; and
2.The drug is being
				used at the prescribed dosage; and
3.The drug is in the original container that
				is clearly labeled with the pilot or apprentice's name, the name of the drug,
				and the prescribing physician's Federal Drug Enforcement Administration number.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.5 - Implied consent: cooperation with collection, testing, and record review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pilots or
				apprentices required to be tested for dangerous drugs and/or alcohol pursuant
				to this subchapter shall:
1.Provide complete,
				valid, undiluted, and unadulterated breath, urine, or blood samples as
				requested;
2. Supply all
				information requested by the laboratory or testing facility;
3.Cooperate with all collection and testing
				procedures implemented pursuant to this subchapter; and
4.Provide the Commission with written
				authorization to procure for its review arrest or conviction records.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.6 - Pre-registration testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				shall not permit any applicant to enter into any apprenticeship program unless
				the applicant passes a chemical drug test for dangerous drugs.
(b) The specific date of chemical drug tests
				for dangerous drugs shall be unannounced, but shall occur within the month
				prior to appointment. Notice of the specific date of chemical drug tests for
				dangerous drugs shall be provided only so far in advance as is necessary to
				ensure the individuals presence at the time and place set for
				testing.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.7 - Random testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Pilots
				Association and the Independent Pilots Association shall maintain a program for
				the chemical drug testing of pilots and apprentices for dangerous
				drugs.
(b)The program shall include
				a random selection element so that every member of the population of pilots and
				apprentices has an equal chance of selection on a statistically valid basis.
				The testing frequency and selection process shall be such that the chance of
				selection continues to exist throughout a pilot's membership or an apprentice's
				employment. Therefore, pilots or apprentices randomly selected shall remain in
				the pool of persons subject to testing even after the individual has been
				tested.
(c)A random test may be
				required on any day which a pilot or apprentice is subject to being called on
				duty or is on duty. Notice of a pilot or apprentice's selection for testing
				shall be provided only so far in advance as is necessary to ensure the
				individual's presence at the time and place set for testing.
(d) The Pilots Association and the
				Independent Pilots Association shall ensure that, during each calendar year,
				pilots and apprentices are tested on a random basis at an annual rate of not
				less than 50 percent of the total number of pilots and apprentices in the
				pool.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.8 - Reasonable belief testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Pilots
				Association and the Independent Pilots Association shall require any pilot or
				apprentice who is reasonably believed to have used or be using a dangerous drug
				or alcohol to submit to a chemical drug test for dangerous drugs and
				alcohol.
(b) The Pilots
				Associations and the Independent Pilots Associations decision to test shall be
				based on a reasonable and articulable belief that the pilot or apprentice has
				used or is using a dangerous drug or alcohol based on direct observation of
				specific, contemporaneous physical, behavior, or performance indicators of
				probable use. Where practicable, this belief should be based on the observation
				of the pilot or apprentice by two licensed pilots.
(c) Any pilot or apprentice who entertains a
				reasonable belief, as set forth in (b) above, shall immediately notify the
				President or his or her designee of the Pilots Association and the Independent
				Pilots Association. The President or his or her designee of the Pilots
				Association and the Independent Pilots Association shall direct the pilot or
				apprentice to undergo a chemical drug test for dangerous drugs and alcohol as
				soon as practicable, but not more than eight hours after the President or
				member of the Executive Committee of the Pilots Association and the Independent
				Pilots Association is made aware of a reasonable belief.
(d) In all cases where an individual is
				required to be tested pursuant to (a) above, a written report shall be made
				which:
1.Includes the facts upon which the
				reasonable belief is based, including the specific, contemporaneous physical,
				behavioral, or performance indicators of probable use of dangerous drugs or
				alcohol;
2. Is signed by the
				licensed pilots in (c) above and the President or his or her designee of the
				Pilots Association and the Independent Pilots Association; and
3.Is submitted to the Commission within 72
				hours of the administering of the chemical drug test.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.9 - Post-occurrence testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pilot
				or apprentice is considered to be involved in an "occurrence" if he or she is
				conning the vessel or is assisting the conning officer in any way in the
				navigation of the vessel.
(b) A
				pilot or apprentice shall submit to a post-occurrence chemical drug test for
				dangerous drugs and alcohol if he or she is involved in an occurrence arising
				out of or related to, their conning the vessel or assisting the conning officer
				in any way in the navigation of the vessel, and which results in any of the
				following:
1. One or more deaths;
2. An injury to a pilot, apprentice,
				crewmember, or other person, which requires professional medical treatment
				beyond first aid or renders any of the above unfit to perform routine
				duties;
3. A collision;
4. A grounding;
5. An allision with a fixed object,
				including, but not limited to, a dock or berth, bridge, or navigational aid
				causing property damage in excess of $ 25,000 (including the cost of labor and
				material to restore the property to its condition before the occurrence, but
				not including the cost of salvage, cleaning, gas-freeing, drydocking, or
				demurrage); or
6. A discharge of
				oil or hazardous substance into navigable waters of the Port of New York and
				New Jersey or a release of a hazardous substance into the
				environment;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.10 - Drug testing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Drug testing programs required by this subchapter must be
				  conducted in accordance with 49 CFR Part 40, Procedures for Transportation
				  Workplace Testing Programs, regarding the preparation for drug testing,
				  specimen collection, and laboratory analysis, which are incorporated herein by
				  reference. The regulations in 49 CFR Part 40 must be consulted to determine the
				  specific procedures that must be established and utilized. Drug testing
				  programs required by this subchapter must use only drug testing laboratories
				  certified by the Federal Department of Health and Human
				  Services.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.11 - Alcohol testing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Chemical drug testing for alcohol shall be conducted by a two-step process.
				Initial screening shall be performed by using a portable breathalyzer, the
				BreathScan or its equivalent.
(b)
				The screening shall be performed by personnel employed by the drug testing
				facility with which a contract has been entered pursuant to
				16:64-9.16.
(c)The testing by and maintenance of all
				testing equipment units shall be conducted according to the manufacturer's
				instructions included with each unit.
(d) A test of a blood alcohol concentration
				level above or at 0.04 percent level shall require follow-up chemical drug
				testing in order to confirm the precise alcohol level. The President or a
				member of the Executive Committee of the Pilots Association or the Independent
				Pilots Association shall direct the pilot or apprentice screening positive to
				report for a blood test for alcohol as soon as practicable, but not more than
				one hour after the initial screening. The blood sample shall be collected,
				tested, and reported under the chain of custody procedures by qualified,
				trained personnel employed by the drug testing facility with which a contract
				has been entered pursuant to
				16:64-9.16.
(e) A pilot or apprentice shall be deemed to
				have tested positive for alcohol if the confirming blood test shows a blood
				alcohol concentration level above or at 0.04 percent.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.12 - Verification by the Medical Review Officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Pilots Association and the
				Independent Pilots Association shall designate a Medical Review Officer (MRO).
				The MRO shall review all chemical drug test results for dangerous drugs or
				alcohol reported by the laboratory as positive and shall verify that the
				laboratory reports of the results are reasonable and shall examine alternate
				medical explanations for positive results.
(b) The MRO shall promptly contact all
				individuals with positive test results and shall, prior to reporting the test
				as positive to the Pilots Association or the Independent Pilots Association and
				the Commission, provide the individual with an opportunity to discuss the test
				results.
(c) If the MRO determines
				that the test is false-positive or if the MRO determines that the test results
				are scientifically insufficient for further action, the test shall be reported
				as negative.
(d) The MRO shall
				immediately report all verified positive test results and indicate the
				dangerous drugs and/or alcohol for which there was a verified positive test to
				the President of the Pilots Association or the Independent Pilots Association
				or his or her designee.
(e) The
				President of the Pilots Association or the Independent Pilots Association or
				his or her designee shall, within 48 hours after receipt of the MROs report,
				provide the Commission with a written report of all verified positive test
				results and indicate the dangerous drugs and/or alcohol for which there was a
				verified positive test.
(f) The
				Pilots Association or the Independent Pilots Association shall not assign
				duties to a pilot or apprentice for whom there was a verified positive test
				until further ordered by the Commission.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.13 - Protection of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				laboratory performing chemical drug testing pursuant to this subchapter shall
				report the test results only to the MRO.
(b) The MRO shall maintain the
				confidentiality of the chemical drug tests and report only verified positive
				test results and the drugs and/or alcohol for which there was a verified
				positive test to the President of the Pilots Association, the Independent
				Pilots Association and/or the Commission.
(c) The Pilots Association or the Independent
				Pilots Association and the Commission shall maintain the confidentiality of the
				chemical drug test results and release information regarding verified positive
				tests only in:
1.The context of a hearing
				before the Commission arising from a verified positive chemical drug test;
2.A lawsuit, grievance, or other
				proceeding arising from a verified positive chemical drug test; or
3.Where the Commission determines that the
				release of the information is appropriate and shall further the protection of
				public health and safety.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.14 - Notice requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)All
				pilots and apprentices shall notify the Commission in writing within 24 hours
				or prior to reporting on duty, whichever event occurs first, after being
				formally charged with a violation or being convicted under:
1.Any Federal or state criminal drug statute;
2.Any United States Coast Guard
				regulation pertaining to the uses or possession of drugs or alcohol; or
3.Any boating or motor vehicle
				statute or regulation for operating under the influence, refusal to take a
				required drug or alcohol test or operating while intoxicated.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.15 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any pilot or
				apprentice who violates either of the prohibitions in
				N.J.A.C.
				16:64-9.3(a)2  or 3 shall
				not engage in pilotage operations pursuant to
				N.J.A.C.
				16:64-10.4(b).
(b) The Commission may, after the opportunity
				for an informal hearing pursuant to
				N.J.A.C.
				16:64-10.5:
1. For the first offense:
i. Order the pilot to forfeit the pilotage
				fee for the pilotage operations performed while intoxicated; and/or
ii. Limit, suspend for at least one year, or
				revoke the pilot's license; and/or
iii. Order the pilot to pay a penalty of up
				to $ 5,000.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM › Section 16:64-9.16 - Responsibilities of the Pilots Association and the Independent Pilots Association

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				consultation with and approval by the Commission, the Pilots Association, and
				the Independent Pilots Association shall promptly enter into an agreement(s) or
				contract(s) with a testing facility and a Medical Review Officer (MRO), and
				subsequent facilities and MROs as necessary, for the performance of the tests
				and duties required by this subchapter.
(b) It shall be the responsibility of the
				Pilots Association and the Independent Pilots Association, except as otherwise
				provided in this subchapter, to pay for the tests required by this subchapter
				and the fees of the MRO.
(c) It
				shall be the responsibility of the Pilots Association and the Independent
				Pilots Association to direct the pilots and apprentices to present themselves
				at the time and place for the test(s) required by this subchapter.
(d)The agreement(s) or contract(s) in (a)
				above shall provide that the testing facility and MRO:
1.Cooperate with the Commission including
				agreement to provide documents and competent testimony; and
2.Comply with the requirements of this
				subchapter including confidentiality and the production of reports, documents,
				and competent witnesses.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 10 - PENALTIES, ORDERS, AND HEARINGS › Section 16:64-10.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the Commissions procedures for the
				  issuance of penalties and orders, and the conduct of hearings as they apply to
				  all maritime pilots, docking pilots, and apprentices.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 10 - PENALTIES, ORDERS, AND HEARINGS › Section 16:64-10.2 - Investigations and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a)The
				Commission or a designated Commissioner(s) may conduct an investigation of any
				occurrence or any matter where there is a potential violation of this chapter
				or the Act.
(b)The Commission may
				impose any of the penalties set forth in the Act,
				12:8-1 et seq., or in this
				chapter.
(c) Except as set forth
				in 16:64-8.4(c)  and
				9.15, the Commission may include in any order it issues, a fine of up to $
				1,000 for the first offence committed by any pilot or apprentice for any
				violation of any provision of this chapter. Fines for subsequent offences may
				be up to $ 5,000.
(d) The
				Commission may also issue such cautionary letters or letters of reprimand to
				pilots for violation of any provision of this chapter, order pilots or
				apprentices to undergo additional training, and impose increased monthly
				reporting of pilotage responsibilities.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 10 - PENALTIES, ORDERS, AND HEARINGS › Section 16:64-10.3 - Orders of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission may issue Orders to implement this chapter or the Act, or to ensure
				the better government of pilots. Orders may include, but are not limited to:
1.The requirement to cease a specified
				activity or take a specified action;
2.The requirement to submit an oral statement
				or written report;
3.The
				requirement to provide written documents, log books, photographs, data,
				recorded material or other objects;
4.The requirement to appear at a meeting of
				the Commission;
5. The requirement
				to appear before the Commission at an informal hearing conducted pursuant to
				16:64-10.5; and
6. The requirement to immediately cease
				engagement in pilotage operations pursuant to
				16:64-10.4(b).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 10 - PENALTIES, ORDERS, AND HEARINGS › Section 16:64-10.4 - Suspension, limitation, or revocation of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may suspend, limit, or
				revoke the license of a pilot for any one of the following grounds:
1. The pilot has violated
				N.J.S.A.
				12:8-1 et seq., this chapter, or any Order
				issued by the Commission;
2. The
				pilot has negligently lost any vessel under his or her care;
3. The pilot has a mental or physical
				condition that precludes proper piloting;
4. The pilot has failed to comply with the
				Rules of the Road;
5. The pilot has
				failed to comply with the United States Coast Guard Vessel Traffic Service
				Regulations or directives;
6. The
				pilot meets any of the grounds in
				N.J.A.C.
				16:64-9.3 or 9.15;
7. The pilot has failed to perform his or her
				piloting duties as a prudent pilot would under the prevailing circumstances;
				or
8. The pilot has intentionally
				and/or materially misrepresented or failed to provide a relevant fact to the
				Commission.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 10 - PENALTIES, ORDERS, AND HEARINGS › Section 16:64-10.5 - Informal hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission may issue an order to a pilot or apprentice to appear and show cause
				as to why the Commission should decline to enter a proposed order.
(b) A written notice of the order to show
				cause will include the following information:
1. The date, time, and place where the pilot
				or apprentice is required to appear;
2. The action proposed to be
				ordered;
3. Where appropriate, the
				Commission's grounds for the order or proposed action;
4. Where appropriate, notice that the pilot
				or apprentice has the right to challenge the Commission's proposed
				action;
5. The date the proposed
				action will become effective; and
6. A statement that failure to appear by the
				pilot or apprentice may result in entry of the proposed action.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION › Subchapter 10 - PENALTIES, ORDERS, AND HEARINGS › Section 16:64-10.6 - Formal hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				person authorized to request a formal hearing in this chapter may request a
				hearing by sending written notice to the Commission. The notice shall be
				postmarked no later than 30 calendar days after the receipt of the Commission's
				order. The request for a hearing shall include:
1.The date the Commission's action was
				received; and
2. A detailed
				statement of which of the Commission's factual findings or legal conclusions
				are being challenged and the basis for the challenged issues.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 1 - PURPOSE AND SCOPE › Section 16:65-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter governs the practice and
				procedures before the Department of Transportation regarding transportation
				utility matters, other than contested case hearings, and sets forth the
				operational and administrative duties of transportation utilities. The
				Department may impose restrictions upon transportation utilities as public
				convenience and necessity requires.
(b) Upon determination that a matter
				constitutes a contested case, the Administrative Procedure Act,
				52:14B-1 et seq. and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1, shall apply.
(c) This chapter shall be liberally construed
				to permit the Department to effectively carry out its statutory functions and
				to secure just and expeditious determinations of matters presented to the
				Department.
(d) When compliance
				will be unduly burdensome, impractical, or otherwise not in the public
				interest, the Department may relax or permit deviations from this chapter.
				Requests for a waiver from the provisions of this chapter shall be made in
				writing to the Director and shall include an explanation of the provisions to
				be waived and a justification for that waiver. The requestor shall be advised
				of the Department's decision in writing. The Department's decision shall be
				final.
(e) This chapter is
				applicable to transportation utilities to the extent not otherwise prohibited
				by the Federal Constitution and Federal law.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 3 - PLEADINGS › Section 16:65-3.1 - Form and filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pleadings shall be in the form of
				petitions, motions, answers and replies.
(b) The date of filing shall mean the date
				upon which the petition, motion, answer or reply is received by the Department.
(c) All pleadings, correspondence,
				and other papers shall be addressed to the New Jersey Department of
				Transportation, Director, Division of Multimodal Services, PO Box 600, Trenton,
				New Jersey 08625.
(d) Copies of all
				pleadings, correspondence, and other papers shall be directed to the parties of
				record and to movants whose filed motions relating to such matters have not
				been denied by the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 3 - PLEADINGS › Section 16:65-3.2 - Service and notice of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise provided for by statute or by this chapter,
				  or unless otherwise ordered or permitted by the Department, the service and
				  notice of proceedings shall be in accordance with the Administrative Procedure
				  Act, 52:14B-1 et seq. and the Uniform
				  Administrative Procedure Rules, N.J.A.C. 1: 1.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 3 - PLEADINGS › Section 16:65-3.3 - Applications to other regulatory bodies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the
				relief sought in a petition also requires the approval or authorization of any
				other State or Federal regulatory body, the petition to the Department shall so
				state and include the following:
1. The
				current status of the application;
2. If the application to the regulatory body
				or bodies has been filed, a copy of each application shall be attached to the
				petition to the Department, together with a copy of any order or certificate
				issued relating to the application; and
3. If an application or amendment of an
				application is filed with another State or Federal regulatory body subsequent
				to the date of filing with the Department, but prior to its determination, a
				copy of the application or amendment of the application, together with a copy
				of any order or certificate issued relating to the application, shall be filed
				with the Department and served upon all parties of record.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.1 - Petitions for granting a certificate of operation

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Petitions for the granting of a certificate shall conform to N.J.A.C. 16:65-3
				and shall:
1. Clearly and concisely state the
				facts and relief sought;
2. Cite
				the statutory provision or other authority under which the Department's action
				is sought;
3. Contain information
				or statements as are required by statute, this chapter, orders adopted by the
				Department or as may be required by the Department; and
4. Contain other information required by this
				section.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.2 - Petitions for the approval of modification of a certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Petitions for the approval of the modification or removal of operating
				restrictions contained in a certificate, and petitions to extend or enlarge the
				operating authority granted by the Department shall include the following
				information:
1. A statement that describes
				the petitioner's existing authority and existing restrictions, proposed
				restriction removal or other changes and reasons for the proposed
				changes;
2. In the case of a
				proposed modification of service, a copy of the current schedule of operations
				and the proposed schedule of operations to be commenced, if the modification is
				approved;
3. A map of the current
				route and of the proposed modified route;
4. In the case of a petition pertaining to
				route authority, a list of:
i. All companies
				currently operating regularly scheduled authorized passenger carrier service in
				the proposed service area; and
ii.
				All other persons having petitions pending before the Department for approval
				of passenger carrier service in the proposed service area.
5. Proof of service of the petition upon the
				companies and persons referred to in (a)4 above, if applicable;
6. Proof of publication of public notice,
				twice, seven days apart, in a newspaper of general and regular circulation in
				the proposed service area which:
i. Briefly
				describes the purpose of the petition and the type of equipment to be used in
				the proposed service area;
ii.
				States that a petition to modify an existing certificate has been filed with
				the Department;
iii. States that
				objections and other comments should be addressed to the Department, giving the
				address of the Department; and
iv.
				Lists each municipality and county in which the petitioner seeks to extend or
				enlarge the operating authority granted by the Department; and
7. Proof of service of the
				petition upon the clerk of all municipalities and counties in which the
				petitioner proposes to establish additional service.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.3 - Petitions for approval of the transfer of a certificate of operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for approval of the transfer of
				a certificate of operations shall conform to the requirements of N.J.A.C.
				16:65-3 to the extent applicable, and shall contain the following:
1. A copy of the certificate proposed to be
				transferred;
2. A complete
				description of the service to be transferred;
3. Proof of publication of public notice
				twice, seven days apart, in a newspaper of general and regular circulation in
				the proposed service area which:
i. States
				that a petition for the proposed transfer has been filed with the
				Department;
ii. Briefly describes
				the purpose of the petition;
iii.
				States that objections and other comments should be addressed to the Department
				and includes the address of the Department; and
iv. Lists each municipality and county in
				which the proposed transferee seeks to operate under the proposed transfer of
				authority;
4. A list of
				all companies currently operating regularly scheduled authorized passenger
				carrier service in the transferee's proposed service area;
5. Proof of service of the petition upon the
				companies identified pursuant to (a)4 above;
6. Proof of service of the petition upon the
				clerk of each municipality and county in which the authority is
				operative;
7. A copy of the signed
				assignments, contracts, leases, or other written agreements by which the
				proposed transfer is to be made;
8.
				An affidavit by the transferor describing all judgments, tax claims or liens
				against the transferor or against property or equipment involved in or
				associated with the proposed transfer;
9. A balance sheet, income statement and pro
				forma financial statement of the proposed transferee;
10. A statement of the proposed transferee's
				qualifications to operate and maintain safe, adequate and proper
				service;
11. A schedule of
				equipment to be used by the proposed transferee;
12. The names and addresses of officers,
				directors and shareholders or partners or owners of the proposed transferee and
				the extent of their interests in the proposed transferee;
13. A statement as to the operating
				restrictions in effect at the time the petition is filed;
14. A copy of the certificate of
				incorporation of the transferee, as filed with, and stamped by, the New Jersey
				Department of the Treasury, if applicable;
15. The petition filing fee as prescribed at
				48:2-56;
16. The current schedule of fares for the
				subject service; and
17. In the
				case of a proposed transfer of service authority, a copy of:
i. The currently effective schedule of
				operations; and
ii. The proposed
				schedule of operations of the proposed transferee.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.4 - Ex parte or emergency relief; and minor modification of regular service

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				If a petitioner seeks an ex parte action granting emergency relief, pending
				either the Department's petition review process or a full hearing, a petitioner
				shall demonstrate the necessity for emergent action. The petition must be
				supported by affidavits sufficient to make a prima facie case that the public
				interest will be subject to irreparable harm if the requested emergency relief
				is not granted.
(b) Where the
				method of giving notice is not provided in this chapter, notice in advance of
				filing shall be given, if practical, to any affected party. The petitioner must
				certify by affidavit that interested parties, including all transportation
				utilities operating in the proposed or actual service area, were served copies
				of the petition by certified mail.
(c) The Department may grant a minor
				modification of service as part of ex parte relief, provided the notice
				requirements in (a) and (b) above have been met.
1. A minor modification of service means a
				temporary change in service lasting no longer than 90 days.
2. The transportation utility requesting the
				change shall submit with its request, proof of notification to any municipality
				or county affected by the minor modification of service.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.8 - Petitions for discontinuance of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition for discontinuance of service
				pursuant to
				48:2-24 shall conform to the
				provisions of
				16:65-3.2, 4.1 through 4.5, and
				4.7, to the extent applicable, and shall, in the body of the petition, or in
				attached exhibits, provide the following information:
1. Whether the service to be discontinued is
				the only one of its type in the service area;
2. Whether reasonable alternative
				transportation service in the service area is available;
3. The reason for the proposed
				discontinuance; and
4. Proof of
				service of the petition upon the clerks of all municipalities in which the
				petitioner proposes to discontinue service.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.9 - Joinder of requests for relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A petitioner may join, in a single petition, more than one independent or
				alternative request for relief, subject to the payment of the filing fees
				applicable to each of the approvals sought.
(b) The Department may sever matters so
				joined or take such action as is in the public interest.