ASSEMBLY, No. 924

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROCCO

An Act concerning commercial motor vehicles and amending R.S.39:3-20.

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

    1. R.S.39:3-20 is amended to read as follows:

    39:3-20. For the purpose of this act, gross weight means the weight of the vehicle or combination of vehicles, including load or contents.

    a. The director is authorized to issue registrations for commercial motor vehicles other than omnibuses or motor-drawn vehicles upon application therefor and payment of a fee based on the gross weight of the vehicle, including the gross weight of all vehicles in any combination of vehicles of which the commercial motor vehicle is the drawing vehicle. The gross weight of a disabled commercial vehicle or combination of disabled commercial vehicles being removed from a highway shall not be included in the calculation of the registration fee for the drawing vehicle.

    Except as otherwise provided in this subsection, every registration for a commercial motor vehicle other than an omnibus or motor-drawn vehicle shall expire and the certificate thereof shall become void on the last day of the [eleventh] twelfth calendar month following the month in which the certificate was issued. The minimum registration fee for registrations issued after July 1, 1984 shall be as follows:

    For vehicles not in excess of 5,000 pounds, $53.50.

    For vehicles in excess of 5,000 pounds and not in excess of 18,000 pounds, $53.50 plus $8.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $9.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    For vehicles in excess of 50,000 pounds, $53.50 plus $10.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    Commercial motor vehicles other than omnibuses or motor-drawn vehicles for which commercial motor vehicle registrations had been issued prior to the effective date of this act and which expire March 31, 1982 shall be issued commercial registrations, which, in the director's discretion, shall expire on a date to be fixed by him, which date shall not be sooner than four months nor later than 16 months following the date of issuance of the registration. The fees for such registrations shall be fixed by the director in amounts proportionately less or greater than the fees established by this subsection.

    b. The director is also authorized to issue registrations for commercial motor vehicles having three or more axles and a gross weight over 40,000 pounds but not exceeding 70,000 pounds, upon application therefor and proof to the satisfaction of the director that the applicant is actually engaged in construction work or in the business of supplying material, transporting material, or using such registered vehicle for construction work.

    Except as otherwise provided in this subsection, every registration for these commercial motor vehicles shall expire and the certificate thereof shall become void on the last day of the [eleventh] twelfth calendar month following the month in which the certificate was issued.

    The registration fee for registrations issued after July 1, 1984 shall be $19.50 for each 1,000 pounds or portion thereof.

    For purposes of calculating this fee, weight means the gross weight, including the gross weight of all vehicles in any combination of which such commercial motor vehicle is the drawing vehicle. "Constructor" registrations issued prior to the effective date of this act, which expire June 30, 1982, shall be issued contractor vehicle registrations, which, in the director's discretion, shall expire on a date to be fixed by him, which date shall not be sooner than four months nor later than 16 months following the date of issuance of the registration. The fees for the registrations shall be fixed by the director in amounts proportionately less or greater than the fees established by this subsection.

    Such commercial motor vehicle shall be operated in compliance with the speed limitations of Title 39 of the Revised Statutes and shall not be operated at a speed greater than 30 miles per hour when one or more of its axles has a load which exceeds the limitations prescribed in R.S.39:3-84.

    c. The director is also authorized to issue registrations for each of the following solid waste vehicles: two-axle vehicles having a gross weight not exceeding 42,000 pounds; tandem three-axle and four-axle vehicles having a gross weight not exceeding 60,000 pounds; four-axle tractor-trailer combination vehicles having a gross weight not exceeding 60,000 pounds. Registration is based upon application to the director and proof to his satisfaction that the applicant is actually engaged in the performance of solid waste disposal or collection functions and holds a certificate of convenience and necessity therefor issued by the Board of Public Utilities.

    Except as otherwise provided in this subsection, every registration for a solid waste vehicle shall expire and the certificate thereof shall become void on the last day of the [eleventh] twelfth calendar month following the month in which the certificate was issued.

    The registration fee shall be $50.00 plus $8.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    Solid waste vehicles for which commercial motor vehicle registrations had been issued prior to the effective date of this act and which shall expire June 30, 1982 shall be issued solid waste registrations, which, in the director's discretion, shall expire on a date to be fixed by him, which date shall not be sooner than four months or later than 16 months following the date of issuance of the registration. The fees for the registrations shall be fixed by the director in amounts proportionately less or greater than the fees established by this subsection.

    d. The director is also authorized to issue registrations for commercial motor-drawn vehicles upon application therefor. The registration year for commercial motor-drawn vehicles shall be April 1 to the following March 31 and the fee therefor shall be $18.00 for each such vehicle.

    At the discretion of the director, an applicant for registration for a commercial motor-drawn vehicle may be provided the option of registering such vehicle for a period of four years. In the event that the applicant for registration exercises the four-year option, a fee of $64.00 for each such vehicle shall be paid to the director in advance.

    If any commercial motor-drawn vehicle registered for a four-year period is sold or withdrawn from use on the highways, the director may, upon surrender of the vehicle registration and plate, refund $16.00 for each full year of unused prepaid registration.

    e. It shall be unlawful for any vehicle or combination of vehicles registered under this act, having a gross weight, including load or contents, in excess of the gross weight provided on the registration certificate to be operated on the highways of this State.

    The owner, lessee, bailee or any one of the aforesaid of a vehicle or combination of vehicles, including load or contents, found or operated on any public road, street or highway or on any public or quasi-public property in this State with a gross weight of that vehicle or combination of vehicles, including load or contents, in excess of the weight limitation permitted by the certificate of registration for the vehicle or combination of vehicles, pursuant to the provisions of this section, shall be assessed a penalty of $500.00 plus an amount equal to $100.00 for each 1,000 pounds or fractional portion of 1,000 pounds of weight in excess of the weight limitation permitted by the certificate of registration for that vehicle or combination of vehicles. A vehicle or combination of vehicles for which there is no valid certificate of registration is deemed to have been registered for zero pounds for the purposes of the enforcement of this act, in addition to any other violation of this Title, but is not deemed to be lawfully or validly registered pursuant to the provisions of this Title.

    This section shall not be construed to supersede or repeal the provisions of section 39:3-84, 39:4-75, or 39:4-76 of this Title.

    f. In addition to the registration fees imposed pursuant to this section, the director shall impose and collect an additional fee of $35 for every registration for a commercial motor vehicle, other than an omnibus, motor-drawn vehicle or non-commercial truck registered pursuant to section 2 of P.L.1968, c.439 (C.39:3-8.1), having a gross weight of 10,000 pounds or more. All fees collected by the director shall be forwarded to the State Treasurer for deposit in a special nonlapsing fund. Moneys in the fund shall be used exclusively by the Department of Law and Public Safety for enforcement of laws and regulations governing commercial motor vehicles, except that the fees collected shall be allocated first to the division to defray the costs necessary to implement the provisions of this subsection.

(cf: P.L.1994, c.60, s.32)

    2. This act shall take effect immediately.

STATEMENT

    This bill eliminates the 11-month cycle for the registration of commercial motor vehicles. Under the provisions of this bill, these vehicles would be registered on the same 12-month cycle as passenger vehicles.

Provides for 12-month registration cycle for commercial motor vehicles.