New Jersey § 32:26-5

§ 32:26-5.

ARTICLE V (a) In the interest of vehicular and public safety, the commission may study the need

for or desirability of the establishment of or changes in performance requirements

or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item

or items of equipment, and the issuance of such a report shall be a condition precedent

to any proceedings or other action provided or authorized by this Article. No less than 60 days after the publication of a report containing the results of

such study, the commission upon due notice shall hold a hearing or hearings at such

place or places as it may determine. (b) Following the hearing or hearings provided for in subdivision (a) of this Article,

and with due regard for standards recommended by appropriate professional and technical

associations and agencies, the commission may issue rules, regulations or codes embodying

performance requirements or restrictions for any item or items of equipment covered

in the report, which in the opinion of the commission will be fair and equitable and

effectuate the purposes of this compact. (c) Each party State obligates itself to give due consideration to any and all rules,

regulations and codes issued by the commission and hereby declares its policy and

intent to be the promotion of uniformity in the laws of the several party States relating

to equipment. (d) The commission shall send prompt notice of its action in issuing any rule, regulation

or code pursuant to this Article to the appropriate motor vehicle agency of each party

State and such notice shall contain the complete text of the rule, regulation or code. (e) If the constitution of a party State requires, or if its statutes provide, the

approval of the Legislature by appropriate resolution or act may be made a condition

precedent to the taking effect in such party State of any rule, regulation or code. In such event, the commissioner of such party State shall submit any commission

rule, regulation or code to the Legislature as promptly as may be in lieu of administrative

acceptance or rejection thereof by the party State. (f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and

(g) of this Article, the appropriate motor vehicle agency of a party State shall in

accordance with its constitution or procedural laws adopt the rule, regulation or

code within 6 months of the sending of the notice, and, upon such adoption, the rule,

regulation or code shall have the force and effect of law therein. (g) The appropriate motor vehicle agency of a party State may decline to adopt a rule,

regulation or code issued by the commission pursuant to this Article if such agency

specifically finds, after public hearing on due notice, that a variation from the

commission's rule, regulation or code is necessary to the public safety, and incorporates

in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative

determinations as may be applicable pursuant to the laws of the party State. Upon request, the commission shall be furnished with a copy of the transcript of

any hearings held pursuant to this subdivision.