New Jersey § 39:5b-32

§ 39:5b-32.

a. The Superintendent of the State Police shall adopt, within six months of the effective

date of this amendatory and supplementary act and pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations concerning the qualifications of interstate motor carrier

operators and vehicles, which shall substantially conform to the requirements established

pursuant to sections 401 to 404 of the “Surface Transportation Assistance Act of 1982,” Pub.L.97-424 ( 49 U.S.C. App. s. 2301 - 2304 ). b. The superintendent, in consultation with the New Jersey Motor Vehicle Commission

and with the Department of Transportation, shall revise and readopt, within six months

of the effective date of P.L.1991, c. 491, the rules and regulations adopted pursuant to subsection a. of this section to provide

that the regulations: (1) Substantially conform to the requirements concerning the qualifications of interstate

motor carrier operators and vehicles established pursuant to sections 401 to 404 of

the “Surface Transportation Assistance Act of 1982,” Pub.L.97-424 (49 U.S.C. App. s.2301-2304) and the federal “Motor Carrier Safety Act of 1984,” Pub.L.98-554 ( 49 U.S.C. App. s. 2501 et seq. ); and (2) Include provisions with regard to motor carrier operators and vehicles engaged

in intrastate commerce or used wholly within a municipality or a municipality's commercial

zone, except for farm vehicles weighing 26,000 pounds or less that are operated exclusively

in intrastate commerce and are registered pursuant to R.S.39:3-24 and R.S.39:3-25 , that are compatible with federal rules and regulations. Notwithstanding subsection c. of this section, the hours of service variances as adopted

in 49 CFR s.350.341(e) , as amended and supplemented, are hereby adopted effective immediately for commercial

motor vehicles weighing 26,001 pounds or more operating in intrastate commerce provided

that these vehicles are not designed to transport 16 or more passengers, including

the driver, or used in the transportation of hazardous materials and required to be

placarded in accordance with 49 CFR s.172.500 et seq. , or display a hazardous materials placard. The superintendent shall adopt rules and regulations that conform to the requirements

established in 49 CFR s. 350.341(e) as amended and supplemented. c. Notwithstanding any provision of law or regulation to the contrary, no person shall

operate a commercial motor vehicle, as defined in rules adopted pursuant to this section,

in this State unless the operation of the commercial motor vehicle is in accordance

with the rules adopted by the Superintendent of State Police pursuant to this section. The rules adopted pursuant to this section shall include rules concerning protection

against shifting or falling cargo contained in 49 C.F.R. s. 393.100 to 393.106 . d. The superintendent shall enforce registration requirements under 49 U.S.C. 13902 , 49 CFR Parts 356 and 365 and 49 CFR s.392.9a by placing out of service a commercial motor vehicle in interstate commerce discovered

to be operating without its Federal Motor Carrier Safety Administration registration

as required by 49 U.S.C. 13902 , 49 CFR Parts 356 and 365 and 49 CFR s.392.9a , or beyond the scope of its Federal Motor Carrier Safety Administration registration. e. The superintendent shall enforce financial responsibility requirements under 49 U.S.C. 13906 and 31139 , and 49 CFR Part 387 . f. The superintendent shall enforce the implementation of programs designed to help

prevent accidents and injuries resulting from the misuse of alcohol or use of controlled

substances by drivers of commercial motor vehicles, pursuant to 49 CFR Part 382 , and the implementation of federal procedures for transportation workplace drug and

alcohol testing programs, pursuant to 49 CFR Part 40 .