SENATE, No. 342

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator BAER

An Act concerning liability resulting from hazardous materials motor carrier accidents and supplementing P.L.1983, c.401 (C.39:5B-25 et seq.).

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

    1. In any action for damages resulting from the discharge of hazardous materials attributable to an accident involving a motor vehicle, there shall be a rebuttable presumption that the carrier was negligent in selecting the route taken if such route did not conform to, or was otherwise inconsistent with, the guidelines or principles for the safe routing of such materials established by any federal or State agency. Failure to rebut the presumption shall subject the defendant to treble damages. As used in this section "hazardous materials" means those substances or chemical compounds identified on the "Extraordinarily Hazardous Substance List" adopted pursuant to section 4 of the "Toxic Catastrophe Prevention Act," P.L.1985, c.403 (C.13:1K-22); or those materials designated as "Class A Explosives" as defined in regulations adopted pursuant to the federal "Hazardous Materials Transportation Act," 49 U.S.C. § 1801 et seq.

    2. This act shall take effect immediately.

STATEMENT

    This bill establishes a rebuttable presumption of negligence for hazardous materials routing. Failure to rebut the presumption will subject the defendant to treble damages.

Establishes rebuttable presumption of negligence for hazardous materials routing.