SENATE, No. 1725
STATE OF NEW JERSEY
INTRODUCED DECEMBER 16, 1996
By Senator SINAGRA
An Act concerning the creation of commercial motor vehicle inspection programs in municipal and county police departments, supplementing chapter 8 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commercial motor vehicle" means a commercial motor vehicle as defined in R.S.39:1-1 which is registered at a gross weight in excess of 6,000 pounds.
"CVSA" means the Commercial Vehicle Safety Alliance, a non-profit association representing state and provincial officials responsible for the administration and enforcement of motor carrier safety laws.
"Police department" means the police department or force of a county or municipality.
2. a. A police department may establish a special commercial motor vehicle inspection program as hereinafter provided, subject to approval by the Director of the Division of Motor Vehicles. The purpose of this program shall be to exercise the safety inspection authority granted to police departments under this act, except that such inspection shall not include those under the "Hazardous Materials Transportation Act," Pub.L. 93-633 (49 U.S.C. §1801 et seq.).
b. A police department which has been approved by the Director of the Division of Motor Vehicles to conduct commercial motor vehicle inspections may organize enforcement teams which shall operate at preselected sites known by the municipality to have a high incidence of moving traffic violations and commercial motor vehicle accidents. These enforcement teams shall operate at such times as the chief law enforcement officer of the municipality or county, whichever is appropriate, shall designate. The police department may coordinate this enforcement effort in conjunction with the State Police for the purposes of weight inspections.
3. a. A police officer who conducts commercial motor vehicle inspections under this act shall have successfully completed a training program which is approved by the United States Department of Transportation Federal Highway Administration for the purposes of conducting CVSA inspections.
b. A police officer who has met the training requirement of subsection a. of this section may inspect commercial motor vehicles pursuant to this act and enforce all applicable State laws and the Federal Motor Carrier Safety Regulations, 49 CFR §§390-396.
4. An approved CVSA inspection sticker shall be applied to a commercial motor vehicle which satisfies the requirements of an inspection conducted pursuant to this act.
5. The Director of the Division of Motor Vehicles, in consultation with the Superintendent of the Division of State Police, shall establish rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the inspection programs authorized by this act.
6. This act shall take effect immediately.
STATEMENT
This bill enables municipal and county police departments to establish roadside safety inspection enforcement programs for commercial motor vehicles with gross weights exceeding 6,000 pounds, subject to approval by the Director of the Division of Motor Vehicles. These programs are intended to curtail commercial motor vehicle accidents through the use of organized enforcement teams stationed in municipalities that have a high incidence of motor vehicle violations and commercial motor vehicle accidents.
The commercial motor vehicle inspection programs will complement a statewide inspection effort being conducted by the State Police to crack down on large unsafe trucks. This bill requires that a police officer who conducts commercial motor vehicle inspections successfully complete a training program approved by the United States Department of Transportation Federal Highway Administration for the purposes of conducting Commercial Vehicle Safety Alliance (CVSA) inspections which specifically address 14 items found to be critical for commercial motor vehicle safety. The CVSA, a non-profit association representing state and provincial officials responsible for the administration and enforcement of motor carrier safety laws, is recognized throughout the United States, Canada and Mexico.
The inspectors will be required to place safety inspection stickers of the CVSA upon vehicles which pass the inspections. Use of the stickers will avoid duplication and unnecessary delays from commercial motor vehicles being stopped and inspected within the sticker's 90-day life.
This bill prohibits municipal and county police departments conducting inspections authorized under the bill from conducting inspections authorized under the Hazardous Materials Transportation Act. The Division of State Police, in conjunction with the Department of Transportation and the Department of Environmental Protection and Energy, is the only agency trained and authorized to conduct this type of inspection.
The bill requires the Director of the Division of Motor Vehicles, in consultation with the Superintendent of the Division of State Police, to establish rules and regulations regarding the municipal and county commercial motor vehicle inspection programs.
Permits trained local police to inspect certain commercial motor vehicles.