N.J. Admin. Code § 16:53-1.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:53-1.1 - Scope

(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.

N.J. Admin. Code § 16:53-1.1

As amended, R.1983 d.110, effective 5/2/1983.
See: 14 N.J.R. 1347(a), 15 N.J.R. 694(b).
Section substantially amended.
Amended by R.1989 d.392, effective 7/17/1989.
See: 21 N.J.R. 1098(a), 21 N.J.R. 2051(b).
Acquisition cutoff date changed from January 2, 1983 to June 1, 1989.
Amended by R.2002 d.295, effective 9/3/2002.
See: 34 N.J.R. 1327(b), 34 N.J.R. 3099(a).
Rewrote the section.
Amended by R.2008 d.49, effective 3/3/2008.
See: 39 N.J.R. 3889(a), 40 N.J.R. 1357(b).
In (a), substituted "Motor Vehicle Commission" for "Department of Transportation" and "(866) 512-1800" for "(202) 783-3238"; rewrote (b); added new (c) and (d); recodified former (c) through (e) as (e) through (g); and in (e), substituted "Motor Vehicle Commission's" for "Department of Transportation's" and "Motor Vehicle Commission" for "Department of Transportation".