ASSEMBLY CONCURRENT RESOLUTION No. 69
STATE OF NEW JERSEY
INTRODUCED MARCH 25, 1996
By Assemblyman O'TOOLE
A Concurrent Resolution concerning legislative review of Division of State Police motor carrier safety regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation adopted by an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement.
2. a. In 1990 the Legislature enacted the "New Jersey Commercial Driver License Act," P.L.1990, c.103 (C.39:3-10.9 et al.), in order to enhance the safety of commercial vehicle operation. That act, "designed to substantially conform the laws of this state to the requirements and standards established under the federal ''Commercial Motor Vehicle Safety Act of 1986" and its implementing regulations, did not contain an age limitation on those who could obtain a commercial driver license. Rather, that act amended R.S.39:3-13 to provide that a person 17 years of age would be eligible to obtain a commercial driver license permit thus allowing a person of that age to operate a commercial motor vehicle under certain circumstances.
b. In 1991 the Legislature enacted P.L.1991, c.491 (amending section 3 of P.L.1985, c.415 (C.39:5B-32)) which required the Superintendent of State Police to revise and readopt regulations relating to motor carrier operators and vehicles in intrastate commerce that are compatible with the federal "Surface Transportation Assistance Act of 1982," 49 U.S.C. App. §§2301 - 2304 and the "Motor Carrier Safety Act of 1984," 49 U.S.C.§2501 et seq., and their implementing regulations.
The federal regulations, at 49 C.F.R.§391.11, provide that a qualified driver is to be at least 21 years of age. Notwithstanding this age limitation, the federal regulations also provide that a state law would be compatible with the federal law even if the state law provided that a person 18 years old could obtain a commercial driver license to engage in intrastate commerce. See 49 C.F.R.§355.21 and 49 C.F.R.§350 Appendix C.
c. Despite the fact that the adoption of a State program "compatible" with the federal law, as required in P.L.1991, c.491 could provide that New Jersey residents could obtain a commercial driver license for intrastate commerce at the age of 18, and despite the clear legislative intent in the "New Jersey Commercial Driver License Act" to allow those under 21 years of age to obtain a commercial driver license, the Division of State Police adopted regulations that provided that a person must be 21 years of age to obtain a commercial driver license. 25 N.J.R.4501 et seq. (September 20, 1993). The impact of this regulation is to prevent New Jersey residents between the ages of 18 and 21 years old from obtaining employment in any field that would require them to obtain a commercial driver license to travel wholly within the State. This limitation on the ability of New Jersey residents to obtain employment was not the intent of the Legislature especially given the fact that a "compatible" State regulation would not require such a limitation.
3. The Legislature finds that the regulations of the Division of State Police, published in the New Jersey Register on September 20, 1993 (25 N.J.R.4501 et seq.), concerning motor carrier safety regulations and codified at N.J.A.C.13:60-1.1 et seq., are not consistent with the intent of the Legislature as expressed in the language of R.S.39:3-13 and section 3 of P.L.1985, c.415 (C.39:5B-32) to the extent those regulations provide that a person must be 21 years of age to obtain a commercial driver license for intrastate commerce. The intent of the Legislature is that these regulations provide that the age requirement to obtain a commercial driver license to engage in intrastate commerce be 18 years of age.
4. The Clerk of the General Assembly and the Secretary of the Senate shall transmit a duly authenticated copy of this concurrent resolution to the Governor and the Superintendent of State Police.
5. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Superintendent of State Police shall have 30 days following transmittal of this resolution to amend or withdraw the regulations codified in N.J.A.C.13:60-1.1 et seq. or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations codified in N.J.A.C.13:60-1.1 et seq., in whole or in part.
STATEMENT
This concurrent resolution embodies the finding of the Legislature that the regulations of the Division of State Police that provide the age requirement for a commercial driver license to engage in intrastate commerce be 21 years, codified at N.J.A.C.13:60-1.1 et seq., is not consistent with legislative intent pursuant to Article V, Section IV, paragraph 6 of State Constitution.
The concurrent resolution finds that the language of the enabling State statutes demonstrates that the legislative intent was for the age requirement to be 18 years.
The regulations implementing the federal "Commercial Motor Vehicle Safety Act of 1986" allows states to issue commercial driver licenses for intrastate commerce to persons at least 18 years of age. Commercial drivers licenses for interstate commerce may only be issued to persons of at lease 21 years of age. The Superintendent of State Police, acting pursuant to P.L.1991, c.491 to revise regulations relating to motor carrier operators and vehicles to be consistent with the federal law, adopted regulations that provide an age requirement of 21 years of age to obtain a commercial drivers license for intrastate commerce.
Because of the latitude given under the federal law and regulations, and because State law appears to allow commercial drivers licenses for those under 21 years of age (see N.J.S.A.39:3-13), the legislative intent is for the State to allow 18 year olds to obtain commercial drivers licenses for intrastate commerce consistent with federal law.
The Superintendent of State Police shall have 30 days following transmittal of this resolution to amend or withdraw the inconsistent regulations, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations in whole or in part.
Determines that age limitation to obtain a commercial driver license for intrastate commerce is inconsistent with legislative intent.