N.J. Admin. Code § 13:21-23.1

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

Section 13:21-23.1 - Definitions

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

"Alien registration number" means the number issued by the United States Department of Homeland Security to an individual when he or she becomes a lawful permanent resident of the United States.

"Basic driver's license" means a license issued by the Commission which authorizes a person to operate motor vehicles other than CMVs.

"Cargo tank" means any tank permanently attached to or forming a part of any motor vehicle or any bulk liquid or compressed gas packaging not permanently attached to any motor vehicle which by reason of its size, construction, or attachment to a motor vehicle, is loaded or unloaded without being removed from the motor vehicle. Any packaging fabricated under specifications for cylinders is not a cargo tank.

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

"Commercial driver license" or "CDL" means a license issued in accordance with the "New Jersey Commercial Driver License Act" (P.L. 1990, c. 103) to a person authorizing the person to operate a certain class of commercial motor vehicle.

"Commercial Driver License Information System" or "CDLIS" means the information system established pursuant to the Federal "Commercial Motor Vehicle Safety Act of 1986," Pub. L. 99-570(49 U.S.C. § 2701 et seq.) to serve as a clearing house for locating information related to the licensing and identification of commercial motor vehicle drivers.

"Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles used or designed to transport passengers or property on a highway:

1. If the motor vehicle has a gross vehicle weight rating of 26,001 or more pounds or displays a gross vehicle weight rating of 26,001 or more pounds;

2. If the motor vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

3. If the motor vehicle is designed to transport 16 or more passengers including the driver;

4. If the motor vehicle is designed to transport eight or more but less than 16 persons, including the driver, and is used to transport such persons for hire, including such vehicles used to transport persons on a daily basis to and from places of employment;

5. If the motor vehicle is transporting or used in the transportation of hazardous materials and is required to be placarded in accordance with subpart f. of 49 CFR § 172, or the vehicle displays a hazardous material placard; or

6. If the motor vehicle is operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or is privately operated, and is used for the transportation of children to or from school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center, or other similar places of education.

This term shall include those vehicles specifically described and classified in 13:21-23.5.

This term shall not include recreation vehicles.

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

"Controlled substance" means any substance so classified under subsection (6) of section 102 of the "Controlled Substances Act" (21 U.S.C. § 802), and includes all substances listed on Schedules I through V of 21 CFR § 1308, or under P.L. 1970, c. 226 (C. 24:21-1 et seq.) as they may be revised from time to time. The term shall include controlled substance analogs.

"Controlled substance analog" means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance. The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the Federal Food, Drug and Cosmetic Act, (21 U.S.C. § 355).

"Conviction" means a final adjudication that a violation has occurred, a final judgment on a verdict, a finding of guilt in a tribunal of original jurisdiction, a determination that a person has violated or failed to comply with the law by an authorized administrative tribunal, or a conviction following a plea of guilty, non vult or nolo contendere accepted by a court. It also includes an unvacated forfeiture of bail, bond, or collateral deposited to secure the person's appearance in court, or the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.

"Disqualification" means:

1. The suspension, revocation, cancellation, or any other withdrawal by a state of a person's privilege to operate a commercial motor vehicle;

2. A determination by the Federal Motor Carrier Safety Administration under the rules of practice for motor carrier safety contained in 49 CFR Part 386 that a person is no longer qualified to operate a commercial motor vehicle under 49 CFR Part 391;

3. The loss of qualification that automatically follows conviction of an offense listed in 49 CFR § 383.51;

4. Failure to meet the citizenship status or possessing a disqualifying criminal or mental health history as set forth in 49 CFR § 1572.5(b)(1)(i)(A), (B), or (C); or

5. A determination by the TSA of a security threat by service of a Final Notification of Threat Assessment pursuant to 49 CFR § 1572.141(e)(2) or a direction by the TSA to revoke a hazardous materials endorsement immediately pursuant to 49 CFR § 1572.5(d)(4).

"Domicile" means that state where a person has a true, fixed, and permanent home and principal residence and to which the person intends to return whenever the person is absent.

"Driver license" means a license issued by this State or any other jurisdiction to a person authorizing the person to operate a motor vehicle.

"Endorsement" means an authorization to a commercial driver license required to permit the holder of the license to operate certain types of commercial motor vehicles.

"Final Notification of Threat Assessment" means a final administrative determination by the TSA that an individual poses a security threat warranting denial of the authorization for which the individual is applying.

"Foreign jurisdiction" means any jurisdiction other than a state of the United States or the District of Columbia.

"Gross vehicle weight rating" or "GVWR" means the value specified by a manufacturer as the loaded weight of a single or a combination (articulated) vehicle. The GVWR of a combination (articulated) vehicle, commonly referred to as the "gross combination weight rating" or "GCWR," is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer, the GVWR of a combination (articulated) vehicle is the GVWR of the power unit plus the total weight of the towed unit, including the loads on them.

"Hazardous material" means a substance or material determined by the Secretary of the United States Department of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and so designated pursuant to the provision of the "Hazardous Materials Transportation Act," (49 U.S.C. § 1801 et seq.).

"Incarceration" means confined or otherwise restricted to a jail-type institution, half-way house, treatment facility, or another institution, on a full or part-time basis pursuant to a sentence imposed as the result of a conviction.

"Lawful permanent resident" means an individual who has been lawfully admitted for permanent residence to the United States, as defined in 8 U.S.C. § 1101.

"Medical examiner" shall mean:

1. For medical examinations conducted before May 21, 2014, a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes, but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic; and

2. For medical examinations conducted on and after May 21, 2014, an individual certified by the Federal Motor Carrier Safety Administration and listed on the National Registry of Certified Medical Examiners.

"Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.

"Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communication Commission, 47 CFR 20.3. It does not include two-way or citizen band radio service.

"Motor vehicle" includes all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks. The term "motor vehicle" includes motorized bicycles.

"Nonresident CDL" means a CDL issued by a State under either of the following two conditions:

1. To an individual domiciled in a foreign country meeting the requirements of 49 CFR § 383.23(b)(1); or

2. To an individual domiciled in another State meeting the requirements of 49 CFR § 383.23(b)(2).

"Notification of No Security Threat" means an administrative determination by the TSA that an individual does not pose a security threat warranting denial of the authorization for which the individual is applying.

"Out of service order" means a temporary prohibition against operating a CMV.

"Portable tank" means a bulk packaging (except a cylinder having a water capacity of 1,000 pounds or less) designed primarily to be loaded onto, or on, or temporarily attached to a transport vehicle or ship and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means. It does not include a cargo tank, tank car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T cylinders.

"Recreation vehicle" means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance.

"Representative vehicle" means a motor vehicle which represents the type of motor vehicle that a commercial driver license applicant operates or expects to operate.

"Serious traffic violation" means conviction for one of the following offenses committed while operating a commercial motor vehicle:

1. Excessive speeding, involving any single offense for a speed of 15 miles per hour or more above the speed limit;

2. Reckless driving, as defined by state or local law or regulation, including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard of the safety of persons or property, including violations of 39:4-96;

3. Improper or erratic traffic lane changes;

4. Following a vehicle ahead too closely, including violations of 39:4-89;

5. A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation;

6. Driving a CMV without a CDL in the driver's possession;

7. Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported;

8. Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving. "Driving" for purposes of this paragraph means operating a CMV on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays and does not include when the driver has moved the vehicle to the side of, or off of, the highway. Texting is only permissible by drivers when necessary to communicate with law enforcement officials or other emergency services;

9. Violating a State or local law or ordinance on motor vehicle traffic control prohibiting hand-held mobile telephone use while driving a CMV. "Driving" for purposes of this paragraph means operating a CMV on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays and does not include when the driver has moved the vehicle to the side of, or off of, the highway. Using a hand-held mobile telephone is only permissible by drivers when necessary to communicate with law enforcement officials or other emergency services; or

10. Any other violation of a state or local law relating to motor vehicle traffic control determined by the Secretary of the United States Department of Transportation in 49 CFR § 383.5 to be a serious traffic violation.

"Severe forms of trafficking in persons" means those acts as defined in the Federal law at 22 U.S.C. § 7102(11).

This term shall not include vehicle weight or equipment defect violations.

"Severe transportation security incident" means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area.

"State" means a state of the United States or the District of Columbia.

"State of domicile" means the state where a person has a true, fixed, and permanent home and principal residence and to which the person intends to return whenever he or she is absent.

"Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined in this section. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons.

"Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. This includes short message service, emailing, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry. Texting does not include:

1. Inputting, selecting, or reading information on a global positioning system or navigation system;

2. Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or

3. Using a device capable of performing multiple functions (for example, fleet management systems, dispatching devices, smart phones, citizen band radios, music players) for a purpose that is not otherwise prohibited in 49 CFR Part 383.

"TSA" means the Transportation Security Administration in the United States Department of Homeland Security.

"Using a hand-held mobile telephone" means:

1. Using at least one hand to hold a mobile telephone to conduct a voice communication;

2. Dialing or answering a mobile telephone by pressing more than a single button; or

3. Reaching for a mobile telephone in a manner that requires a driver to maneuver, so that he or she is no longer in a seated driving position, restrained by a seat belt.

"Vehicle group" means a class or type of vehicle with certain operating characteristics.

N.J. Admin. Code § 13:21-23.1

Amended by R.1996 d.27, effective 1/16/1996.
See: 27 N.J.R. 4153(a), 28 N.J.R. 275(a).
Amended by R.2001 d.19, effective 1/16/2001.
See: 32 N.J.R. 3739(a), 33 N.J.R. 277(a).
Amended introductory paragraph and "State of domicile".
Amended by R.2005 d.48, effective 2/7/2005.
See: 36 N.J.R. 4015(a), 37 N.J.R. 511(a).
Rewrote the section.
Amended by R.2006 d.250, effective 7/3/2006.
See: 38 N.J.R. 445(a), 38 N.J.R. 2875(a).
In definition "Chief Administrator", capitalized second occurrence of "Chief Administrator".
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
Added definitions "Medical examiner", "Mobile telephone", "Texting", and "Using a hand-held mobile telephone"; and in definition "Serious traffic violation", deleted "or" at the end of paragraph 7, inserted new paragraphs 8 and 9, and recodified former paragraph 8 as paragraph 10.

Amended by 52 N.J.R. 2123(a), effective 12/7/2020

Amended by 55 N.J.R. 202(b), effective 2/6/2023