ASSEMBLY, No. 1479

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Prohibits transport of certain items by motor vehicle on certain roadways; provides standards for loading of motor vehicle with certain items.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the transport of certain materials by motor vehicle and amending R.S.39:4-77.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    R.S.39:4-77 is amended to read as follows:

     R.S.39:4-77.  a.     [No] A person shall not cause or permit a vehicle to be [so] loaded or operate a vehicle [so] loaded in a way that the contents, or any part thereof, may be scattered in any [street] road.  Whenever the load of any vehicle is of material, other than farm products, that is susceptible to scattering on a [street] road and [such] the load extends above the height of the sides or tail gate, or beyond the rear of the body of the vehicle, [such] the load shall be securely covered by a tarpaulin or other cover.

     [The director, where public safety so warrants, shall, after a public hearing, prescribe by rule or regulation minimum safety standards for fastening loads on and fix loading procedures for any commercial type flat bed motor vehicle or motor-drawn vehicle.  Any rule or regulation so promulgated by the director shall be filed in the Secretary of State's office and copies thereof shall be available, upon request, in the director's office.]

     The owner, lessee, bailee, or operator of any vehicle described above found on [a highway] any road in violation of this subsection or any [such] safety standard or procedure that may be prescribed by the [director] chief administrator shall be fined not more than [$500.00] $500 for each violation.

     b.    A person shall not cause or permit a vehicle to be loaded or operate a vehicle loaded in a way that the contents, or any part thereof, may become dislodged from the vehicle and fall onto any road.  Whenever the load of any vehicle is of items, including, but not limited to, furniture, mattresses, or other similar items, that pose a danger on roads if those items were to fall on to the road and the load extends above the height of the sides or tail gate, or extends beyond the rear of the body of the vehicle, or is placed atop the roof of the cabin of the vehicle, the load shall be securely fastened to the vehicle with straps with ratchet fasteners, elastic cords with metal hooks able to withstand the weight of the load, or other similar safety devices and covered by a tarpaulin or other cover and the vehicle shall not be operated on any road under the jurisdiction of the Department of Transportation with a speed limit of 50 miles per hour or faster, or any road under the jurisdiction of the New Jersey Turnpike Authority or the South Jersey Transportation Authority.

     The owner, lessee, bailee, or operator of any vehicle described above found on a road under the jurisdiction of the Department of Transportation with a speed limit of 50 miles per hour or faster, or any road under the jurisdiction of the New Jersey Turnpike Authority or the South Jersey Transportation Authority in violation of this subsection or any safety standard or procedure that may be prescribed by the chief administrator shall be fined not more than $750 for each violation. If the contents of a load becomes dislodged and falls onto a road under the jurisdiction of the Department of Transportation with a speed limit of 50 miles per hour or faster, or any road under the jurisdiction of the New Jersey Turnpike Authority or the South Jersey Transportation Authority, the owner, lesses, bailee, or operator of the vehicle shall be subject to fine of not more than $1,000, or up to 10 days imprisonment, or both.

     c.     The Chief Administrator of the New Jersey Motor Vehicle Commission shall, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) adopt rules and regulations as the chief administrator deems necessary to carry out the provisions of this act with respect to the minimum safety standards for fastening loads on and loading procedures for any commercial type flat bed motor vehicle, motor-drawn vehicle, and passenger automobile temporarily used to transport the aforementioned material.

(cf: P.L.1968, c.272, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits a person from loading or operating a vehicle loaded in a way that may cause the contents, which is to include, but not be limited to, furniture, mattresses, or other similar items, or any part thereof, to become dislodged from the vehicle and fall onto any road.

     The bill also requires that whenever the load of any vehicle is of items that pose a danger on roads if those items were to fall on to the road and the load extends above the height of the sides or tail gate, or extends beyond the rear of the body of the vehicle, or is placed atop the roof of the cabin of the vehicle, the load is to be securely fastened to the vehicle with straps with ratchet fasteners, elastic cords with metal hooks able to withstand the weight of the load, or other similar safety devices and covered by a tarpaulin or other cover but may not be operated on any road under the jurisdiction of the Department of Transportation (DOT) with a speed limit of 50 miles per hour or faster, or any road under the jurisdiction of the New Jersey Turnpike Authority (NJTA) or the South Jersey Transportation Authority (SJTA).

     A person, who violates the provisions of the bill by operating a vehicle with load that may become dislodged upon a road under the jurisdiction of the DOT with a speed limit of 50 miles per hour or faster, or any road under the jurisdiction of NJTA or SJTA, may subject to fine of not more than $750.  Under the bill, a person may to subject to fine of not more than $1,000, or up to 10 days imprisonment, or both, if the contents of a load becomes dislodged and falls onto a road under the jurisdiction of the DOT with a speed limit of 50 miles per hour or faster, or any road under the jurisdiction of the NJTA or the SJTA.

     Under the bill, the Chief Administrator of the New Jersey Motor Vehicle Commission is to promulgate regulations concerning the minimum safety standards for fastening loads on and loading procedures for any commercial type flat bed motor vehicle, motor-drawn vehicle, and passenger automobile temporarily used to transport material.