N.J. Admin. Code § 13:18-2.1

Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:18-2.1 - Definitions

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

"Allocated vehicle" means a vehicle to which a particular jurisdiction's base registration plate or apportioned registration plate is attached upon payment of the jurisdiction's full base registration fee. A portion of each fleet of one-way vehicles is "allocated" to each jurisdiction into or through which the fleet travels. (Each vehicle of the fleet need not enter every jurisdiction.)

"Apportioned fleet" means one or more vehicles identified as a fleet (except recreational vehicles, vehicles displaying restricted plates, city pick-up and delivery vehicles, and government-owned vehicles) used in two or more member jurisdictions that allocate or apportionally register vehicles used for the transportation of persons for-hire or designed, used or maintained primarily for the transportation of property, and each vehicle: is a power unit having a gross vehicle weight in excess of 26,000 pounds; or is a power unit having three or more axles, regardless of weight; or is used in combination when the weight of such combination exceeds 26,000 pounds gross weight. Vehicles or combinations thereof having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles may be apportionally registered at the option of the registrant.

"Apportioned vehicle" means any vehicle used or intended for use in two or more member jurisdictions that register vehicles, which is designed, used, or maintained for transportation of persons for hire, or is designed, used, or maintained for transportation of property, having a declared gross weight in excess of 26,000 pounds, or has three or more axles regardless of weight, or is used in combination when the gross vehicle weight of such combination exceeds 26,000 pounds, except that recreational vehicles, vehicles displaying restricted plates, city pick-up and delivery vehicles, and government-owned vehicles are not apportioned vehicles.

"Base jurisdiction" means, for the purpose of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet vehicles and where operational records for the vehicles are maintained or can be made available.

"Base jurisdiction of rental vehicle" means the jurisdiction in or from which the rental vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled, where the registrant has an established place of business, where mileage is accrued by the fleet and where operational records of such fleet are maintained or can be made available.

"Base plate" means the apportioned license plate issued by the base jurisdiction.

"Bus" means, for the purpose of apportionment, a motor vehicle designed to carry more than 10 passengers and used for the transportation of persons.

"Cab card" means a registration card, in the form of a paper card or electronic image, issued by the base jurisdiction for a vehicle of an apportioned fleet that identifies the vehicle, base plate, registered weight by jurisdiction, and the jurisdictions in which a vehicle is registered.

"Carrier" means an individual, partnership or corporation engaged in the transportation of goods or persons.

"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Combined gross vehicle weight" means the total unladen weight of a combination of vehicles plus the weight of the load carried.

"Established place of business" means a physical structure owned, leased or rented by a fleet registrant, within the boundaries of a base jurisdiction, designated by a street number or road location, open during normal business hours, with a person conducting fleet business and an operable telephone listed to the registrant.

"Fleet" means one or more apportioned vehicles.

"Gross vehicle weight" means the combined weight of a vehicle and a load thereon.

"Household goods carrier" means a carrier (including owners, lessors/lessees and service representatives) handling:

1. Personal effects and property used or to be used in a dwelling;

2. Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals or other establishments, where a part of the stock, equipment, or supply of such stores, offices, museums, institutions, including objects of art, displays and exhibits which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.

"In-jurisdiction miles" means the total number of miles operated by a fleet of apportioned vehicles in a jurisdiction during the preceding year. Mileage of New Jersey-registered vehicles accrued in jurisdictions that are not member jurisdictions shall be counted as in-jurisdiction miles operated in New Jersey.

"International Registration Plan" ("IRP") means a registration reciprocity agreement among the signatory states of the United States and provinces of Canada providing for the payment of registration fees on the basis of fleet miles operated in each jurisdiction.

"Interstate operations" means apportioned vehicle movement between or through two or more jurisdictions.

"IVMR" means the Individual Vehicle Mileage Record which is the original record generated in the course of actual vehicle operation and used as a source document to verify the registrant's application for accuracy.

"Jurisdiction" means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a state, province or territory of another country.

"Lease" means a written document vesting exclusive possession and control of the operation of an apportioned vehicle to a lessee for a specific period of time.

"Lessee" means a person or entity to whom or which a lease is conveyed.

"Lessor" means a person or entity granting a lease.

"Member jurisdiction" means a jurisdiction which is a party to the International Registration Plan.

"Motor carrier audit" means a physical examination of a motor carrier's operational records including source documentation to verify fleet mileage and accuracy of the carrier's recordkeeping system.

"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (N.J.S.A. 39:2A-4).

"Negotiable title" means a title issued by a jurisdiction that documents ownership of a vehicle which can be used to transfer ownership.

"One-way vehicle" means a vehicle having a declared gross vehicle weight of 26,000 pounds or less rented for a specified period of time and travelling from one jurisdiction to another.

"Operational records" mean documents supporting miles traveled in each jurisdiction and total miles traveled, such as, but not limited to, fuel reports, trip sheets, and logs.

"Owner" means a person or entity holding the negotiable title to a vehicle or in whom the legal right of possession or control is vested.

"Owner-operated" means an equipment lessor who leases his vehicular equipment with driver to a carrier.

"Preceding year" means the period of 12 consecutive months immediately prior to July 1 of the year preceding the commencement of the registration year for which apportioned registration is sought.

"Reciprocity" means that an apportioned vehicle registered in New Jersey shall be exempt from further registration requirements by any other member jurisdiction(s).

"Reciprocity agreement" means the agreement, arrangement or understanding governing the reciprocal grant of rights and privileges to vehicles that are based in and properly registered under the applicable laws of the jurisdictions that are parties to the International Registration Plan.

"Recreational vehicle" means a vehicle commonly known as a "camper," "housetrailer," "motor home" or "mobile home" used for personal pleasure or travel but not for business activity.

"Registrant" means a person or entity in whose name a vehicle or fleet of vehicles is registered.

"Registration year" means the 12-month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.

"Rental fleet" means five or more vehicles which are rented or offered for rental to a lessee/carrier, with or without drivers, and which are designated by a rental owner as a rental fleet.

"Rental owner" means, with respect to one or more rental fleets, an owner principally engaged in renting the vehicles of such fleets, with or without drivers.

"Rental transaction" means that a rental of a vehicle shall be deemed to have occurred in the jurisdiction where such vehicle first comes into the possession of the user.

"Rental vehicle" means a vehicle of a rental fleet.

"Renting" means the giving of possession and control of a vehicle for valuable consideration for a specified time period.

"Service representative" means one who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for the transportation of property by a household goods carrier.

"Total distance" means the total number of miles or kilometers operated by fleet of apportioned vehicles in all jurisdictions during the preceding year. For purposes of bus apportionment, total distance shall be calculated as provided in N.J.A.C. 13:18-2.19. For purposes of reduced operations, total distance shall be reduced by actual miles or kilometers traveled in the eliminated jurisdictions. When a jurisdiction needs to be added back during the registration year, the carrier shall use as a minimum the number of miles or kilometers traveled in that state in the preceding year; the original application percentages that were established shall not reflect these changes.

"Total fleet miles" means the total mileage generated by any apportioned vehicle during the mileage reporting period preceding the year for which registration is sought.

"Total miles" means the total number of miles accumulated in all jurisdictions during the preceding year by all vehicles of a fleet while they were part of the fleet. Mileage accumulated by a fleet that did not engage in interstate operations shall not be included in total miles.

"Trip permit" means a permit issued by a jurisdiction in lieu of a regular registration for reciprocity.

"Unladen vehicle" means a vehicle fully equipped for service excluding the weight of any load.

N.J. Admin. Code § 13:18-2.1

Amended by 49 N.J.R. 673(a), effective 4/3/2017
Amended by 51 N.J.R. 1281(a), effective 8/5/2019