reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53 - AUTOBUSES › Subchapter 11 - INSPECTION AND VERIFICATION OF BEST AVAILABLE RETROFIT TECHNOLOGY DEVICE INSTALLATION ON REGULATED DIESEL COMMERCIAL BUSES › Section 16:53-11.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Diesel commercial bus" means a diesel bus as defined
				  pursuant to section 2 of P.L. 1995, c. 157 (39:8-60 ), except that "diesel
				  commercial bus" shall include only diesel commercial buses with a gross vehicle
				  weight rating in excess of 14,000 pounds, and shall not include school
				  buses.
"Private regulated commercial bus" means any diesel
				  commercial bus not owned by the New Jersey Transit Corporation, and any diesel
				  commercial bus owned by the New Jersey Transit Corporation but leased or
				  operated by a provider of diesel commercial bus service other than the New
				  Jersey Transit Corporation.
"Public regulated commercial bus" means any diesel commercial
				  bus owned and operated by the New Jersey Transit Corporation.
"Regulated commercial bus" means any diesel commercial bus
				  registered and operating in the State.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53 - AUTOBUSES › Subchapter 11 - INSPECTION AND VERIFICATION OF BEST AVAILABLE RETROFIT TECHNOLOGY DEVICE INSTALLATION ON REGULATED DIESEL COMMERCIAL BUSES › Section 16:53-11.2 - Inspection and verification of installation of best available retrofit technology device(s)

Current through Register Vol. 56, No. 14, July 15, 2024
The owner or lessee of a regulated diesel commercial bus, as
				  defined in
				  26:2C-8.2 7 and this subchapter,
				  who is required to install a best available retrofit technology device(s)
				  pursuant to a Notice of Intent to Comply, a regulated fleet retrofit plan,
				  combined regulated fleet retrofit plan, fleet averaging plan, or combined fleet
				  averaging plan in accordance with
				  26:2C-8.2 6 et al. shall present
				  his or her regulated diesel commercial bus to the Motor Vehicle Commission's
				  Commercial Bus Inspection and Investigation Unit for a compliance inspection.
				  Verification of the installation shall be provided on the form issued by the
				  Department of Environmental Protection for the vehicle pursuant to
				  26:2C-8.3 1, 8.32, 8.41, or 8.42.
				  The inspection shall be performed in accordance with the procedures established
				  by the Department of Environmental Protection at
				  7:27-14.5(f),
				  7:27-32.2 1, and 7:27B-4.4(c).
				  Compliance with the requirements of this section shall mean that the diesel
				  commercial bus has been inspected by the Commercial Bus Inspection and
				  Investigation Unit and that such Unit has confirmed and verified that the
				  retrofit device(s) has been installed on such regulated diesel commercial bus.
				  The regulated diesel commercial bus shall be presented for inspection to the
				  Commercial Bus Inspection and Investigation Unit at the time of the next
				  biannual periodic certification inspection following the installation of the
				  best available retrofit technology device(s) on such regulated diesel
				  commercial bus.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 1 - GENERAL PROVISIONS › Section 16:53A-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				establishes a schedule of bus safety out-of-service violations and applicable
				sanctions and penalties for buses operating with bus safety out-of-service
				violations.
(b) These rules
				categorize each bus safety out-of-service violation as either a category 1 or
				category 2 violation. The rules further establish a specific monetary civil
				penalty for each bus safety out-of-service violation which shall be
				proportional to the nature and severity of such violation. The bus operator
				shall be responsible for all penalties.
(c) These rules are consistent with national
				safety standards established by the Federal Highway Administration and the
				Commercial Vehicle Safety Alliance. The Commercial Vehicle Safety Alliance is
				an organization of Federal, State and Provincial government agencies and
				representatives from private industry in the United States, Canada and Mexico
				dedicated to improvement of commercial vehicle safety.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 2 - DEFINITIONS › Section 16:53A-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Bus" or "buses" means and includes all autobuses, of
				  whatever size or configuration, under the jurisdiction of the Motor Vehicle
				  Commission; all autobuses of NJ Transit and its contract carriers which are
				  under the inspection jurisdiction of the Commission; all autobuses, of whatever
				  size or configuration, that are subject to Federal Motor Carrier Safety
				  Regulations, operated on public highways or in public places in this State; and
				  all autobuses operated on public highways or in public places in this State
				  under the authority of the Interstate Commerce Commission, or its successor
				  agency, the Federal Highway Administration. The term "bus" or "buses" shall not
				  include school buses, as defined pursuant to
				  39:1-1.
"Bus safety out-of-service violation" means any serious
				  mechanical, electrical or vehicular condition that is determined to be so
				  unsafe as to potentially cause an accident or breakdown, or would potentially
				  contribute to loss of control of the vehicle by the driver.
"Category 1 violation" means any bus safety out-of-service
				  violation that should have been detected during the daily pre-trip inspection
				  or during periodic repair and maintenance procedures conducted by the driver or
				  operator.
"Category 2 violation" means any bus safety out-of-service
				  violation that may have occurred after the daily pre-trip inspection and
				  therefore might not have been detected by the operator or driver during the
				  daily pre-trip inspection or during periodic repair and maintenance
				  procedures.
"Operator" means the person responsible for the day-to-day
				  maintenance and operation of buses. A "person" may be an individual or
				  individuals, a corporation, or other entity responsible for the day to day
				  maintenance and/or operation of buses regulated under the Bus Safety Compliance
				  Act, 48:4-2.1c et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.1 - Violations and applicable penalties

Current through Register Vol. 56, No. 14, July 15, 2024
The violation and penalty schedule set forth in this
				  subchapter denotes critical vehicle inspection items, describes the pertinent
				  bus safety out-of-service violation, the category of violation, and establishes
				  the applicable monetary civil penalty for such violation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.3 - Exhaust system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any exhaust
				system, other than that of a diesel engine, leaking at a point forward of or
				directly below the driver/sleeper compartment and when the floor pan is in such
				condition as to permit entry of exhaust fumes. This is a category 2 violation.
				The penalty for this violation shall be $ 300.00.
(b) Any bus exhaust system leaking or
				discharging under the chassis more than six inches forward of the rearmost part
				of the bus when powered by a gasoline engine, or more than 15 inches forward of
				the rearmost part of the bus when powered by other than a gasoline or diesel
				engine. This is a category 2 violation. The penalty for this violation shall be
				$ 300.00.
(c) No part of the
				exhaust system of any motor vehicle shall be so located as to be likely to
				result in burning, charring, or damaging the electrical wiring, the fuel
				supply, or any combustible part of the motor vehicle. This is a category 2
				violation. The penalty for this violation shall be $ 300.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.4 - Frame

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are the violations, categories and penalties pertaining to frame members:
1. Any cracked, loose, sagging or broken
				frame siderail permitting shifting of the body onto moving parts or other
				condition indicating an imminent collapse of the frame. This is a category 2
				violation. The penalty for this violation shall be $ 500.00.
2. Any cracked, loose, or broken frame member
				adversely affecting support of functional components such as steering gear,
				engine, transmission, body parts and suspension. This is a category 2
				violation. The penalty for this violation shall be $ 500.00.
3. A crack one and one-half inches long or
				longer in the frame siderail web which is directed toward bottom flange. This
				is a category 2 violation. The penalty for this violation shall be $
				100.00.
4. Any crack extending from
				the frame siderail web around the radius and into the bottom flange. This is a
				category 2 violation. The penalty for this violation shall be $
				100.00.
5. A crack one inch or
				longer in siderail bottom flange. This is a category 2 violation. The penalty
				for this violation shall be $ 100.00.
6. Any cracked, loose, sagging or broken
				frame siderail, resulting from a preexisting rust, corrosion or other
				deteriorating condition. Parts and accessories shall not be welded to the frame
				nor shall repair of the frame be welded other than in accordance with the
				vehicle manufacturer's recommendation. This is a category 1 violation. The
				penalty for this violation shall be $ 1,000.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.5 - Fuel system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fuel system
				with a dripping leak at any point, including refrigeration or heater fuel
				systems, is a category 2 violation. The penalty for this violation shall be $
				300.00.
(b) A fuel tank not
				securely attached to the vehicle in a workmanlike manner. This is a category 2
				violation. The penalty for this violation shall be $ 500.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.6 - Head lamps, tail lamps, stop lamps, and turn signals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				violations, categories and penalties pertain to lighting devices when lights
				are required:
1. The single vehicle or towing
				vehicle does not have at least one head lamp operative on low beam. This is a
				category 2 violation. The penalty for this violation shall be $ 100.00 per
				violation.
2. The vehicle does not
				have at least one steady burning tail lamp on the rear of the vehicle visible
				from 500 feet. This is a category 2 violation. The penalty for this violation
				shall be $ 100.00 per violation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.7 - Steering mechanism

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				is the violation, category and penalty pertaining to steering wheel free play:
1. When any of the values--inch movement or
				degrees--in the chart below are met or exceeded, vehicle shall be placed
				out-of-service. For power steering systems, engine must be running. This is a
				category 1 violation. The penalty for this violation shall be $ 1,000. The
				following chart shall be adhered to in determining steering wheel freeplay, and
				is incorporated herein by reference.
COMMERCIAL VEHICLE SAFETY ALLIANCE
NORTH AMERICAN UNIFORM OUT-OF-SERVICE
						  CRITERIA
STEERING WHEEL FREEPLAY CHART
Man. Sys.
Power Sys.
Steering Wheel
Movement
Movement *
Diameter
30 degrees or
45 degrees
						  or
16 inches (41 cm)
4 1/2 inches (11.5
						  cm)
6 3/4 inches (17 cm))
(or more)
(or more)
18 inches (46 cm)
4 3/4 inches (12
						  cm)
7 1/8 inches (18 cm)
(or more)
(or more)
19 inches (48 cm)
5 inches (13 cm)
7
						  1/2 inches (19 cm)
(or more)
(or more)
20 inches (51 cm)
5 1/4 inches (13
						  cm)
7 7/8 inches (20 cm)
(or more)
(or more)
21 inches (53 cm)
5 1/2 inches (14
						  cm)
8 1/4 inches (21 cm)
(or more)
(or more)
22 inches (56 cm)
5 3/4 inches (15
						  cm)
8 5/8 inches (22 cm)
(or more)
(or more)
* For power steering systems, if the
						  steering wheel movement exceeds 45
degrees before steering axle tires move,
						  proceed as follows: Rock steering
wheel left to right between points of power
						  steering valve resistance. If that
motion exceeds 30 degrees (or the inch
						  movement values shown for manual
steering), vehicle shall be placed
						  out-of-service.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.8 - Suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are the violations, categories and penalties pertaining to axle parts/members:
1. Any U-bolt(s) or other spring to axle
				clamp bolt(s) cracked, broken, loose, or missing. This is a category 2
				violation. The penalty for this violation shall be $ 200.00.
2. Any spring hanger(s), or other axle
				positioning part(s) cracked, broken, loose, or missing resulting in shifting of
				an axle from its normal position, provided, however, that after a turn, lateral
				axle displacement is normal with some suspensions including composite springs
				mounted on steering axles. This is a category 2 violation. The penalty for this
				violation shall be $ 400.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.9 - Tires

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are violations, categories and penalties pertaining to any tire on any steering
				axle of a power unit:
1. A tire with less than
				2/32 inch tread when measured in any two adjacent major tread grooves at any
				location on the tire. This is a category 1 violation. The penalty for this
				violation shall be $ 500.00 per tire.
2. When any part of the breaker strip or
				casing ply is showing in the tread. This is a category 1 violation. The penalty
				for this violation shall be $ 500.00 per tire.
3. When sidewall is cut, worn or damaged to
				the extent the ply cord is exposed. This is a category 2 violation. The penalty
				for this violation shall be $ 200.00 per tire.
4. Tire labeled "Not For Highway Use" or
				carrying other markings which would exclude use on steering axles. This is a
				category 1 violation. The penalty for this violation shall be $ 1,000 per
				tire.
5. Visually observable bump,
				bulge, or knot apparently related to tread or sidewall separation, provided,
				however, that a bulge due to a section repair is allowed, but it may not exceed
				3/8 inch (one cm) in height. This bulge may sometimes be identified by a blue
				triangular label in the immediate vicinity. This is a category 2 violation. The
				penalty for this violation shall be $ 200.00 per tire.
6. Tire is flat or has noticeable (for
				example, can be heard or felt) leak. This is a category 2 violation. The
				penalty for this violation shall be $ 200.00 per tire.
7. Tire so mounted or inflated that it comes
				in contact with any part of the vehicle. This is a category 1 violation. The
				penalty for this violation shall be $ 500.00 per tire.
8. On the steering axle, weight carried
				exceeds tire load limit. This includes an overloaded tire resulting from low
				air pressure, but does not apply to vehicles being operated under the special
				permit exclusion found in Federal Motor Carrier Safety Regulation
				49 CFR
				393.75(f)(1). This is a
				category 1 violation. The penalty for this violation shall be $ 500.00 per
				tire.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.10 - Wheels and rims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are the violations, categories and penalties pertaining to lock or side ring:
1. Bent, broken, cracked, improperly seated,
				or sprung ring(s). This is a category 2 violation. The penalty for this
				violation shall be $ 500.00.
2.
				Mismatched ring(s). This is a category 1 violation. The penalty for this
				violation shall be $ 1,000.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.11 - Windshield wipers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any power unit
				that has an inoperative wiper or damaged parts that render it ineffective on
				the driver's side is a category 2 violation. This violation is applicable only
				in inclement weather requiring use of windshield wipers. The penalty for this
				violation shall be $ 200.00.
(b)
				Any power unit that has a missing wiper or missing parts that render it
				ineffective on the driver's side is a category 1 violation. This violation is
				applicable only in inclement weather requiring use of windshield wipers. The
				penalty for this violation shall be $ 500.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 3 - SCHEDULE OF VIOLATIONS AND APPLICABLE PENALTIES › Section 16:53A-3.12 - Emergency exits (buses)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are the violations, categories and penalties pertaining to emergency exits
				required by
				49 CFR
				393.61 that are missing, inoperable, or
				obstructed with passengers on board.
1.
				Missing emergency exits is a category 1 violation. The penalty for this
				violation shall be $ 3,000 per emergency exit or emergency window
				exit.
2. Inoperable emergency exits
				which have not been intentionally made inoperative is a category 1 violation.
				The penalty for this violation shall be $ 1,000 per emergency exit or emergency
				window exit.
3. Inoperable
				emergency exits which have intentionally been made inoperable. No emergency
				exit shall be wired shut or otherwise secured in the closed position so that it
				cannot be readily opened is a category 1 violation. The penalty for this
				violation shall be $ 5,000 per emergency exit or emergency window
				exit.
4. Emergency exits with
				baggage, freight or express stowed in a manner that obstructs access to exits
				by any occupant of the bus is a category 2 violation. The penalty for this
				violation shall be $ 500.00 per emergency exit.
5. Missing or illegible emergency exit signs
				and/or instructions. This is a category 2 violation. The penalty for this
				violation shall be $ 300.00 per emergency exit.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 4 - EVIDENCE OF INSURANCE; REQUIREMENTS › Section 16:53A-4.1 - Evidence of insurance; New Jersey companies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For New Jersey
				companies operating intrastate pursuant to Certificates of Public Convenience
				and Necessity issued by the Commission or interstate pursuant to Federal
				authority issued by the ICC or its successor agency, the USDOT, Federal Highway
				Administration, satisfactory evidence of appropriate insurance shall consist
				of:
1. A Form E, "Uniform Motor Carrier
				Bodily Injury and Property Damage Liability Certificate of Insurance" filing
				with the New Jersey Motor Vehicle Commission, Commercial Bus Inspection Unit,
				pursuant to
				48:4-19,
				48:4-35 through
				48:4-55, and
				16:53-9.1; and
2. A Form F, "Uniform Motor Carrier Bodily
				Injury and Property Damage Liability Insurance Endorsement" filing with the New
				Jersey Motor Vehicle Commission, Commercial Bus Inspection Unit, pursuant to
				48:4-19,
				48:4-35 through
				48:4-55, and
				16:53-9.1. In addition, every bus
				and autobus driver must have in his or her possession a valid insurance
				identification card for the vehicle.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 4 - EVIDENCE OF INSURANCE; REQUIREMENTS › Section 16:53A-4.2 - Evidence of insurance; out-of-State companies

Current through Register Vol. 56, No. 14, July 15, 2024
For those bus and autobus operators that are transporting
				  passengers interstate, but who are based outside New Jersey, satisfactory
				  evidence of appropriate insurance shall consist of requisite liability
				  insurance filings made with the FHWA (Form MCS 90B and Form MCS 828) or the
				  former Federal regulatory agency, the Interstate Commerce Commission (ICC)
				  (Form BMC-91 or 91X).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 4 - EVIDENCE OF INSURANCE; REQUIREMENTS › Section 16:53A-4.3 - Failure to provide evidence of insurance

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to provide satisfactory evidence of appropriate
				  insurance, as described in
				  16:53A-4.1 and 4.2, when a bus is
				  operated on public highways or in public places in this State, shall result in
				  that vehicle being immediately placed out-of-service and held or impounded by
				  authorized representatives of the Commission or by law enforcement authorities.
				  The vehicle shall be held or impounded until evidence of appropriate insurance
				  for that vehicle is on file with the Commission or the bus owner or operator
				  otherwise meets applicable statutes or regulations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 5 - SANCTIONS FOR OUT-OF-SERVICE VIOLATIONS › Section 16:53A-5.1 - Placement out-of-service; impoundment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a bus is
				operated on public highways or in public places in this State with a bus safety
				out-of-service violations(s), whether in interstate or intrastate commerce,
				whether registered or not in this or any other jurisdiction, that vehicle:
1. Shall be placed out-of-service;
				or
2. Shall be held or impounded by
				authorized representatives of the Commission or by law enforcement
				authorities.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 5 - SANCTIONS FOR OUT-OF-SERVICE VIOLATIONS › Section 16:53A-5.2 - Duration of impoundment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The vehicle may
				be held or impounded:
1. Until appropriate
				repairs are made on site; or
2.
				Until towed by the owner or operator to an appropriate repair facility or
				maintenance garage so that repairs of all bus safety out-of-service violations
				can be made.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 5 - SANCTIONS FOR OUT-OF-SERVICE VIOLATIONS › Section 16:53A-5.3 - Operation of vehicle prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
The vehicle shall not be operated in this State until the
				  defects are remedied and such remedial action is either certified or approved
				  by representatives of the Commission.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 6 - INSPECTIONS; EXAMINATION OF DRIVER OPERATING CREDENTIALS › Section 16:53A-6.1 - Direction to inspection facility; penalty for noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
Any authorized representative of the Commission may direct
				  any bus operated in this State to immediately proceed to a designated
				  inspection facility for inspection. If a driver fails to immediately report as
				  directed to the inspection facility, the operator shall be subject to a penalty
				  of $ 1,000.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 6 - INSPECTIONS; EXAMINATION OF DRIVER OPERATING CREDENTIALS › Section 16:53A-6.2 - Examination of driver's operating credentials; medical certificates; duty status; hours of service; violations; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any authorized
				representative of the Commission may demand and examine the driver's operating
				credentials.
(b) The following are
				the violations and penalties pertaining to medical certificates:
1. Driver not in possession of a medical
				certificate. The operator shall be subject to a penalty of $ 100.00.
2. Falsification of a medical certificate.
				The operator shall be subject to a penalty of $ 1,000.
3. Expired medical certificate. The operator
				shall be subject to a penalty of $ 300.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 6 - INSPECTIONS; EXAMINATION OF DRIVER OPERATING CREDENTIALS › Section 16:53A-6.3 - Driver out-of-service violations; sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A driver shall
				be immediately placed out-of-service and shall not be permitted to continue
				driving a vehicle or any other bus or autobus if such driver:
1. Does not have a commercial driver's
				license (CDL);
2. Is in possession
				of an improper class CDL;
3. Is in
				possession of a CDL without proper endorsements, including the required
				passenger endorsement; or
4. Is
				operating a bus or autobus in violation of a duly noted CDL
				restriction.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 6 - INSPECTIONS; EXAMINATION OF DRIVER OPERATING CREDENTIALS › Section 16:53A-6.4 - Certificates of inspection; violations; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are the violations, categories and penalties pertaining to certificates of
				inspection:
1. Absence of certificate of
				inspection (inspection sticker). This is a category 1 violation. The operator
				shall be subject to a penalty of $ 500.00.
2. Expired certificate of inspection
				(inspection sticker). This is a category 1 violation. The operator shall be
				subject to a penalty of $ 500.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 7 - VEHICLE INSPECTION REPORTS › Section 16:53A-7.1 - Provision of notice to driver

Current through Register Vol. 56, No. 14, July 15, 2024
An operator shall annually provide a notice to each driver
				  employed by the operator containing a copy of the provisions of this
				  subchapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 7 - VEHICLE INSPECTION REPORTS › Section 16:53A-7.2 - Coercion of driver by operator; civil penalty

Current through Register Vol. 56, No. 14, July 15, 2024
No operator shall compel, coerce or otherwise cause a driver
				  to include false information on a vehicle inspection report. An operator
				  violating this section shall be subject to a maximum civil penalty of $ 5,000.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 8 - COLLECTION OF PENALTIES › Section 16:53A-8.1 - Penalty collection

Current through Register Vol. 56, No. 14, July 15, 2024
Any penalty imposed pursuant to the Bus Safety Compliance
				  Act, P.L. 1995, c.225, shall be collected, with costs, in a summary proceeding
				  pursuant to the Penalty Enforcement Law of 1999,
				  2A:58-10 et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53A - BUS SAFETY COMPLIANCE OVERSIGHT, ENFORCEMENT, OUT-OF-SERVICE VIOLATIONS AND PENALTIES › Subchapter 8 - COLLECTION OF PENALTIES › Section 16:53A-8.2 - Jurisdiction to enforce penalty collection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Jurisdiction to
				enforce the provisions of the Penalty Enforcement Law of 1999 in connection
				with the Bus Safety Compliance Act, P.L. 1995, c.225, resides in the Superior
				Court or municipal court of the county or municipality, respectively wherein:
1. The violation occurs;
2. The operator resides;
3. The operator has a place of business;
				or
4. The operator's principal
				office is located in this State.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 1 - PURPOSE AND SCOPE › Section 16:53B-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				27:5G-5 through
				27:5G-19, the Railroad Overhead
				Bridge Act of 1988, the purposes of this chapter are to assign jurisdiction
				over abandoned railroad overhead bridges, provide for orderly and equitable
				allocation of responsibilities for assigned railroad overhead bridges, avoid
				contentious deliberations over the responsibility of these bridges, and provide
				for reasonable and timely allocations of bridge responsibilities.
(b) This chapter shall not be interpreted or
				applied in a manner which would impede any responsible party from undertaking
				necessary or emergent bridge repairs, or impede the establishment of
				supplemental agreements which may be necessary to implement interagency
				coordination or project review or approvals.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 1 - PURPOSE AND SCOPE › Section 16:53B-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is applicable to abandoned
				railroad overhead bridges and includes, but is not limited to, the roads
				carried by or leading onto those bridges.
(b) Each railroad overhead bridge that is to
				be rehabilitated or replaced, or is determined to be in a state of good repair,
				can be assigned to the jurisdiction of a public entity.
(c) In determining the allocation of
				responsibilities, emphasis will be put upon obtaining workable and cooperative
				jurisdictional responsibilities.
(d) If a railroad overhead bridge carries a
				private road, the Commissioner shall assign the bridge to the jurisdiction of
				the owner of the road.
(e) The
				provisions of Chapter 12 of Title 48 of the Revised Statutes shall not apply to
				any railroad overhead bridge assigned a jurisdiction under this
				chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 2 - DEFINITIONS › Section 16:53B-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise:
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such person as the Commissioner may designate,
				  when legally permissible.
"Department" means the New Jersey Department of
				  Transportation.
"Good repair" means that the structure is found by the
				  Commissioner to be in safe and serviceable condition for the purposes and uses
				  to be permitted, based upon sound engineering principles, standards or
				  techniques, which may include those that were acceptable at the time of
				  original construction or at the time of any reconstructions.
"Emergent situation" means a sudden, urgent, or unexpected
				  occurrence or occasion that interferes with the free and safe movement of
				  traffic over a railroad overhead bridge, which requires immediate
				  action.
"Jurisdiction" means control and responsibility for
				  maintenance, rehabilitation, replacement and inspection as may be ordered by
				  the Commissioner under provisions of this chapter.
"Private entity" means a person or any entity that is not a
				  unit of government including, but not limited to, a corporation, partnership,
				  company, nonprofit organization, or other legal entity.
"Public entity" means a unit of government including, but not
				  limited to, a public transit agency or any officers, department, board,
				  commission, division, agency, authority, or instrumentality of the State or of
				  any county or municipality.
"Railroad overhead bridge" or "bridge" means any bridge
				  carrying any public or private road over and across a railroad, subway, or
				  street traction, or electric railway, or over and across the right-of-way of a
				  railroad, subway, or railway.
"Sidewalk" means that portion of a highway, including
				  roadways carried by bridges and approach roadways, intended for use by
				  pedestrians, between the curb line or the lateral line of a shoulder, or if
				  none, the lateral line of the roadway and the adjacent right-of-way
				  line.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 3 - GENERAL PROVISIONS › Section 16:53B-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				parties potentially affected by a bridge jurisdiction assignment may present
				evidence of maintenance, repair, reconstruction, inspection or other work to
				the Department.
(b) Each assignment
				of jurisdiction shall be made by written order of the Commissioner.
(c) Jurisdiction over a railroad overhead
				bridge assigned under this chapter may be transferred to another party by
				voluntary agreement between the parties, provided that the Commissioner
				approves the agreement by written order.
(d) A written order assigning jurisdiction
				over a railroad overhead bridge under the provisions of this chapter shall not
				relieve any party of any tort or contractual liability existing prior to the
				issuance of that order.
(e) The
				Commissioner shall not make an order assigning jurisdiction for a railroad
				overhead bridge, which does not carry a State highway unless:
1. The bridge is the subject of an
				improvement project financed in whole or in part by State funds, in which case
				the Commissioner may make the order contingent upon satisfactory completion of
				work;
2. The order assigns
				jurisdiction to a party who has requested jurisdiction over the bridge by
				written petition to the Commissioner; or
3. The Commissioner accepts a written
				petition for assignment from an affected party other than the party to whom
				jurisdiction would be otherwise assigned under N.J.A.C. 16:53B-4.1, when the
				Commissioner determines that the assignment would be in the public interest,
				and the Commissioner further determines that the bridge is in good
				repair.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 4 - ASSIGNMENT OF JURISDICTION › Section 16:53B-4.1 - Assignment of jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Assignment of jurisdiction shall be made by the Commissioner as follows:
1. All bridges carrying State highways are
				under the jurisdiction of the Department.
2. If a railroad overhead bridge carries a
				private road, the Commissioner shall assign the bridge to the jurisdiction of
				the owner of the road.
3. Each
				railroad overhead bridge carrying a highway, other than a State highway, over
				and across a right-of-way owned by New Jersey Transit, is under the
				jurisdiction of that entity, unless the Commissioner determines, subject to the
				provisions of this subchapter, that the bridge should be assigned to the
				jurisdiction of another public entity.
4. Following a review of available statutes,
				regulations, local ordinances, maintenance agreements, records concerning
				improvement projects and maintenance activities, and any other applicable
				evidence, and based upon a preponderance of all the evidence reviewed, if the
				Commissioner determines that a county, municipality, or public entity other
				than the Department or New Jersey Transit has assumed effective control or
				responsibility over a bridge, the Commissioner shall assign the bridge to the
				jurisdiction of that entity.
5. In
				order to encourage entities to maintain the safety of bridges for which the
				responsibility has yet to be ascertained, evidence of maintenance, repair,
				reconstruction, inspection, or other work done following the December 5, 1988
				effective date of the Railroad Overhead Bridge Act of 1988, shall not be
				considered for the purpose of assigning a bridge to an entity under this
				section.
6. Evidence of emergency
				repairs that were necessary for the immediate safety and welfare of the public
				and which predate December 5, 1988, shall not be used as the only factor for
				assessing past jurisdictional responsibilities.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 4 - ASSIGNMENT OF JURISDICTION › Section 16:53B-4.2 - Joint jurisdiction and joint jurisdictional orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the provisions of N.J.A.C. 16:53B-4.1
				fail to identify jurisdiction for a railroad overhead bridge, the Commissioner
				may order the assignment of joint jurisdiction for the railroad overhead bridge
				to the Department or New Jersey Transit and public or private entities. The
				joint jurisdictional order of the Commissioner shall allocate specific
				jurisdictional responsibilities to the applicable parties. This may include
				specific responsibilities pertaining to interagency coordination, approvals,
				and inspection responsibilities.
(b) In general, joint jurisdictional orders
				shall be constructed in accordance with (b)1 and 2 below as follows:
1. The Department will assume responsibility
				for the principal structural elements, bridge decks, and abutments of the
				bridge, which shall include structural repair, maintenance, rehabilitation, and
				replacement.
2. The entity assigned
				jurisdiction for the approaching roadways shall have responsibility for routine
				maintenance of the surface roadway carried by the bridge, including, but not
				limited to, snow removal, sidewalk and guiderail repair, lighting,
				appurtenances, striping, signing, patching, and resurfacing. They shall also
				have responsibility for all load posting signage on approach roadways and
				advance load posting signage on the last safe exit preceding the bridge.
				Routine maintenance responsibilities shall not extend to the structural support
				components or the bridge decks of any railroad overhead bridge under the
				jurisdiction of the Department or New Jersey Transit.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 4 - ASSIGNMENT OF JURISDICTION › Section 16:53B-4.3 - County and municipal jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any county or municipality having
				jurisdiction over a highway carried by or leading onto a railroad overhead
				bridge assigned to the jurisdiction of New Jersey Transit or the Department
				shall have responsibility for routine maintenance of the surface roadway
				carried by the bridge, including, but not limited to, snow removal, sidewalk
				and guiderail repair, lighting, appurtenances, striping, signing, patching, and
				resurfacing. They shall also have responsibility for all load posting signage
				on approach roadways and advance load posting signage on the last safe exit
				preceding the bridge. Routine maintenance responsibilities of a county or
				municipality shall not extend to the structural support components or the
				bridge decks of any railroad overhead bridge under the jurisdiction of the
				Department or New Jersey Transit.
(b) Any jurisdictional order made under the
				provisions of this chapter may include specific provisions that apply to
				interagency coordination, review of plans or projects, or any other
				administrative matter of significance in carrying out the terms of an
				order.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 4 - ASSIGNMENT OF JURISDICTION › Section 16:53B-4.4 - Assignment of bridge to Department

Current through Register Vol. 56, No. 14, July 15, 2024
If the Commissioner determines that a bridge cannot be
				  assigned to a public entity under N.J.A.C. 16:53B-4.1(a)4; to the New Jersey
				  Transit Corporation under N.J.A.C. 16:53B-4.1(a)3; or to the owner of a private
				  road under N.J.A.C. 16:53B-4.1(a)2; the Commissioner shall assign the bridge to
				  the jurisdiction of the Department and it shall be treated in all respects as
				  if it were a State highway bridge assigned to the Department under N.J.A.C.
				  16:53B-4.1(a)1.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 5 - HEARINGS › Section 16:53B-5.1 - Hearings and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only
				the Commissioner may initiate hearings, for the purpose of assigning bridges,
				either on the Commissioner's motion or in response to a petition. The hearings
				will be conducted by the Office of Administrative Law pursuant to the
				Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and 52:14F-1 et seq., and
				the Uniform Administrative Procedure Rules, N.J.A.C. 1:
1. Before initiating such hearings, the
				Commissioner shall first determine that the requirements of N.J.A.C.
				16:53B-3.1(e), as applicable, have been satisfied.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 6 - RAILROAD RIGHT-OF-WAY REQUIREMENTS › Section 16:53B-6.1 - Railroad responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Regarding the inspection, maintenance, rehabilitation, replacement, or removal
				of railroad overhead bridges assigned under this chapter, the entity owning or
				controlling a railroad right-of-way shall provide the following services to the
				party with jurisdiction for the bridge over the right-of-way. Those services
				must be provided in the form and manner prescribed by the Commissioner, at the
				entity's own expense, and within a specified timeframe as determined by the
				Commissioner.
1. Necessary and sufficient
				access to railroad property and right-of-way, including applicable
				insurance;
2. Necessary track
				safety personnel and services, such as flag protection and
				de-energizing/energizing electric power lines;
3. Review of plans and
				specifications;
4. Consultants'
				fees; and
5. Any other incidental
				railroad services required to enable the party with jurisdiction over the
				railroad overhead bridge to undertake its applicable responsibilities, such as
				release of all appropriate records and plans related to a bridge.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53B - JURISDICTIONAL ASSIGNMENTS FOR RAILROAD OVERHEAD BRIDGES › Subchapter 7 - EMERGENT SITUATIONS › Section 16:53B-7.1 - Emergent situations

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Emergent situations may require the immediate inspection, maintenance,
				rehabilitation, replacement, or removal of a railroad overhead bridge assigned
				under this chapter.
(b) When the
				Department determines that an emergent situation exists on a railroad overhead
				bridge, it shall notify the entity owning or controlling the railroad
				right-of-way.
(c) The entity owning
				or controlling a railroad right-of-way shall provide to the Department, in the
				form and in the manner prescribed by the Commissioner, at its own expense and
				within 24 hours of being notified of the emergent situation, the following:
1. Necessary and sufficient access to
				railroad property and right-of-way, including applicable insurance;
2. Necessary track safety personnel and
				services, such as flag protection and de-energizing or energizing electric
				power lines;
3. Review of plans and
				specifications;
4. Consultants'
				fees; and
5. Any other incidental
				railroad services required to enable the Department to remedy the emergent
				situation including, but not limited to, release of all appropriate records and
				plans related to a bridge.