Thursday, May 6, 2010

13:60-1.2 Application

13:60-1.2 Application


(a) The provisions of this chapter and appendix are applicable to every motor carrier and every person, including drivers, agents, employees and representatives, involved or in any manner related to:

1. The transportation in a commercial motor vehicle of any cargo in interstate or intrastate commerce;

2. The operation of a commercial motor vehicle, with or without a cargo, in interstate or intrastate commerce or wholly within a municipality or a municipality‘s commercial zone;

3. The transportation in any motor vehicle in intrastate commerce of materials determined by the Secretary of the United States Department of Transportation to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. §§ 5101 et seq.) and which materials are transported in a quantity requiring hazardous material(s) placarding under Federal Hazardous Materials Regulations (49 C.F.R. Parts 171, 172, 173, 174, 177, 178, 179, and 180) and all supplements and amendments thereto;

4. The operation of a commercial motor vehicle, with or without a cargo, displaying hazardous material(s) placarding in intrastate commerce or wholly within a municipality or a municipality‘s commercial zone;

5. The transportation in a commercial motor vehicle, as defined at N.J.S.A. 39:3-10.11, in intrastate commerce of any non-hazardous material(s) cargo;

6. The operation of a commercial motor vehicle, as defined at N.J.S.A. 39:3-10.11, and subject to any prevailing requirements of (a)3 above, in intrastate commerce or wholly within a municipality or a municipality‘s commercial zone.

(b) All officers, agents, representatives, drivers and employees of motor carriers involved or concerned with the management, maintenance, operation or driving of any motor vehicle or vehicles, subject to these regulations, shall be conversant and knowledgeable with the rules and regulations set forth in this chapter and appendix.

(c) The provisions of this chapter and appendix shall not apply to a farm vehicle registered in this State, pursuant to the provisions of N.J.S.A. 39:3-24 and 39:3-25, provided the farm vehicle is operating:

1. In intrastate commerce;

2. Is used or operated wholly within a municipality or a municipality‘s commercial zone;

3. Is not transporting hazardous material(s) in a quantity requiring hazardous material(s) placarding; and

4. Is not displaying hazardous material(s) placarding.