N.J. Admin. Code § 13:20-8.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:20-8.3 - Authorized certifying entities

(a) For purposes of reducing a penalty for a charged non-out-of-service equipment violation, the following entities shall be authorized to issue a Certification of Repair:

1. The New Jersey Division of State Police;

2. A New Jersey licensed diesel emission inspection center;

3. A certified fleet mechanic who has a combination of training and/or experience including brake-related experience totaling at least one year. Such training and/or experience may consist of:

i. Participation in a brake and/or truck manufacturer-sponsored training program or similar commercial training program designed to train students in truck operation, repair and maintenance;

ii. Experience as a mechanic or inspector in a motor carrier maintenance program; or

iii. Experience as a mechanic or inspector in truck repair including brake repair and maintenance at a commercial garage, fleet leasing company, or similar facility.

(b) The owner/lessee of the vehicle identified in a complaint and summons charging a non-out-of-service equipment violation shall also be authorized to certify as to the corrected violation(s) provided that the owner/lessee further certifies that he or she is the owner/lessee of the vehicle identified in the complaint and summons, and provided that the owner/lessee further certifies as to one of the following:

1. He or she personally performed all the necessary repairs to the vehicle identified in the complaint and summons and that the repairs were performed consistent with the provisions of 49 C.F.R. Parts 390, 392, 393 and 396; or

2. He or she caused to be performed by a qualified mechanic all the necessary repairs and that the repairs were performed consistent with the provisions of 49 C.F.R. Parts 390, 392, 393 and 396.

N.J. Admin. Code § 13:20-8.3