New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 53 - AUTOBUSES › Subchapter 1 - SPECIFICATIONS FOR VAN-TYPE AUTOBUSES › Section 16:53-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				otherwise provided in this subchapter, the New Jersey Motor Vehicle Commission
				hereby adopts and incorporates by reference the rules pertaining to the safety
				of equipment promulgated by the United States Department of Transportation set
				forth in 49 CFR Part 393, as amended and supplemented. A copy of 49 CFR Part
				393 may be obtained from the Superintendent of Documents, United States
				Government Printing Office, Washington, D.C. 20402, (866) 512-1800.
(b) Any van-type autobus in operation or
				acquired prior to September 1, 2002 and for which the New Jersey Motor Vehicle
				Commission or the New Jersey Department of Transportation has issued a
				certificate of compliance or an amended certificate of compliance may continue
				in service as designed, constructed, and equipped at the time the certificate
				of compliance or amended certificate of compliance was issued. Any van-type
				autobus in operation in a foreign jurisdiction or acquired prior to September
				1, 2002 and for which the New Jersey Motor Vehicle Commission or the New Jersey
				Department of Transportation has not issued a certificate of compliance shall
				be certified in accordance with the specifications in effect prior to September
				1, 2002. Any van-type autobus for which a contract of sale or purchase order
				was entered into before September 1, 2002, and any new van-type autobus that
				was in manufacturer or dealer inventory before September 1, 2002, shall be
				certified in accordance with the specifications in effect prior to September 1,
				2002.
(c) Any van-type autobus in
				operation or acquired between September 3, 2002 and March 31, 2008 and for
				which the New Jersey Motor Vehicle Commission or the New Jersey Department of
				Transportation has issued a certificate of compliance or an amended certificate
				of compliance may continue in service as designed, constructed, and equipped at
				the time the certificate of compliance or amended certificate of compliance was
				issued. Any van-type autobus in operation in a foreign jurisdiction or acquired
				between September 3, 2002 and March 31, 2008 and for which the New Jersey Motor
				Vehicle Commission or the New Jersey Department of Transportation has not
				issued a certificate of compliance shall be certified in accordance with the
				specifications in effect from September 3, 2002 through March 31, 2008. Any
				van-type autobus for which a contract of sale or purchase order was entered
				into between September 3, 2002 and March 31, 2008, and any new van-type autobus
				that was in manufacturer or dealer inventory between September 3, 2002 and
				March 31, 2008, shall be certified in accordance with the specifications in
				effect from September 3, 2002 through March 31, 2008.
(d) Notwithstanding (b) and (c) above, this
				section shall not be deemed to exempt any van-type autobus from any applicable
				requirements imposed upon such vehicles by the Americans With Disabilities Act
				(ADA) Accessibility Specifications For Transportation Vehicles as set forth in
				49 CFR Part 37 and Part 38, incorporated herein by reference, as amended and
				supplemented.
(e) The
				specifications set forth in this subchapter shall apply to all van-type
				autobuses engaged in interstate or intrastate common carrier service that are
				subject to the New Jersey Motor Vehicle Commission's jurisdiction and for which
				certificates of compliance of the New Jersey Motor Vehicle Commission are
				required.
(f) For purposes of this
				subchapter, a van-type autobus shall be defined as a motor vehicle used in the
				transportation of passengers for hire having a seating capacity of 15 adult
				passengers or less, not including the driver, and a gross vehicle weight rating
				(GVWR) of 10,000 pounds or less. For purposes of this subchapter, when
				referring to GVWR, the weight of each passenger shall be deemed to be 150
				pounds.
(g) For purposes of this
				subchapter, the right or left side of a van-type autobus shall be determined by
				reference to the driver when sitting in a forward-facing position in the
				driver's seat.