New Jersey Administrative Code › Title - EXECUTIVE ORDERS › Title 55 - CHRIS CHRISTIE › Section - Executive Order No. 121 (2020)

Current through Register Vol. 56, No. 14, July 15, 2024
Governor Philip D. Murphy
Executive Order No. 121 (2020)
An Order Allowing Greater Weight Limit for Vehicles Carrying COVID-19 Relief Supplies
Issued: April 8, 2020.
Effective: April 8, 2020.
WHEREAS, on March 9, 2020, through Executive Order No. 103 (2020), the facts and circumstances of which are adopted by reference herein, I declared both a Public Health Emergency and a State of Emergency throughout the State due to the public health hazard posed by Coronavirus disease 2019 (COVID-19); and
WHEREAS, on April 7, 2020, through Executive Order No. 119 (2020), the facts and circumstances of which are adopted by reference herein, I declared that the Public Health Emergency that was declared in Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on March 13, 2020, the Federal Motor Safety Carrier Administration issued Emergency Declaration 2020-02, pursuant to 49 C.F.R. 390.23, waiving Parts 90 to 99 of Title 49 of the C.F.R. to allow motor carriers to more efficiently and swiftly deliver emergency relief, as that term is defined in 49 C.F.R. 390.05T, needed to prevent or treat COVID-19 or to address shortages caused by the COVID-19 pandemic, but not varying highway weight requirements for federal motor carriers; and
WHEREAS, on March 25, 2020, the President of the United States determined that the COVID-19 pandemic was of sufficient severity and magnitude to warrant a major disaster declaration under Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ("Stafford Act"), 42 U.S.C. 5121-5207, which remains in effect today; and
WHEREAS, 23 U.S.C. 127 provides that a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if the President has declared the emergency to be a major disaster under the Stafford Act, the permits are issued in accordance with state law, and the permits are issued exclusively to vehicles and loads that are delivering relief supplies; and
WHEREAS, the Commissioner of the New Jersey Department of Transportation ("NJDOT") has authority to regulate traffic on State highways and transportation systems; and
WHEREAS, the New Jersey Turnpike Authority and South Jersey Transportation Authority have authority to regulate traffic on roadways within their respective jurisdictions; and
WHEREAS, the Commissioner of NJDOT has recognized that a specific transportation emergency exists throughout the State in that some deliveries of relief supplies may be delayed or deterred due to the existing regulations concerning Gross Vehicle Weights ("GVW") on Interstate Highways, which delay or deterrence would negatively impact the public health, safety, and welfare; and
WHEREAS, motor vehicles with a GVW of 80,000 pounds are the current maximum limit within Interstate Highway System, and given the urgent need to transport relief supplies and essential materials quickly and efficiently, there may be circumstances when that maximum weight needs to be temporarily exceeded; and
WHEREAS, the continued and uninterrupted delivery of relief supplies throughout the State during this State of Emergency and Public Health Emergency is vital to the preservation of the health, safety, and welfare of the residents of New Jersey; and
WHEREAS, the Commissioner of NJDOT, the New Jersey Turnpike Authority, and South Jersey Transportation Authority have determined that the operation of overweight vehicles pursuant to the terms of this Order is consistent with roadway safety; and
WHEREAS, issuing special permits to what would otherwise be overweight vehicles for the delivery of relief supplies will facilitate recovery efforts while not compromising roadway safety; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
1. Motor vehicles transporting relief supplies necessary for the response to the COVID-19 State of Emergency and Public Health Emergency shall be eligible to receive a special permit issued by NJDOT allowing up to a 15% tolerance, for a maximum of 92,000 pounds, on a vehicle with a minimum of five axles, above any weight limit imposed by statute or regulations at N.J.A.C. 13:18-1et seq., on the Highways or portions thereof set forth in paragraph 4. This increased tolerance shall be the only increased tolerance applicable to the vehicle and includes gross weight and axle weight.
2. For purposes of this Order, relief supplies relating to the COVID-19 State of Emergency and Public Health Emergency include but are not limited to, medicine, medical equipment, food supplies including feed for livestock, water, and materials for construction of temporary housing and healthcare facilities.
3. Motor vehicles exceeding 80,000 pounds and carrying a divisible load of relief supplies shall obtain a permit through a web-based portal maintained at
http://www.state.nj.us/transportation/freight/trucking/oversize.shtm
.
4. The additional 15% increased weight tolerance only applies to the following roadways:
a. the Interstates within the State;
b. the New Jersey Turnpike;
c. the Garden State Parkway from Exit 105 Southbound; and
d. the Atlantic City Expressway.