N.J. Admin. Code § 16:53-4.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:53-4.1 - Scope

(a) This subchapter shall apply to autobuses as defined in N.J.A.C. 16:53-3.1(f) and small autobuses as defined in N.J.A.C. 16:53-6.1(f) in which conventional interior arrangements have been changed and special equipment installed.

(b) Except as otherwise provided in this subchapter, an autobus or small autobus in which the conventional interior has been modified prior to September 1, 2002 and for which the New Jersey Motor Vehicle Commission or the New Jersey Department of Transportation has issued a certificate of compliance or an amended certificate of compliance may continue in service as designed, constructed, and equipped at the time the certificate of compliance or amended certificate of compliance was issued. Any such modified autobus or small autobus in operation in a foreign jurisdiction or acquired prior to September 1, 2002 and for which the New Jersey Motor Vehicle Commission or the New Jersey Department of Transportation has not issued a certificate of compliance shall be certified in accordance with the specifications in effect prior to September 1, 2002. Any such modified autobus or small autobus for which a contract of sale or purchase order was entered into before September 1, 2002, and any such modified autobus or small autobus that was in manufacturer or dealer inventory before September 1, 2002, shall be certified in accordance with the specifications in effect prior to September 1, 2002.

(c) An autobus or small autobus in which the conventional interior has been modified between September 3, 2002 and March 31, 2008 and for which the New Jersey Motor Vehicle Commission or the New Jersey Department of Transportation has issued a certificate of compliance or an amended certificate of compliance may continue in service as designed, constructed, and equipped at the time the certificate of compliance or amended certificate of compliance was issued. Any such modified autobus or small autobus in operation in a foreign jurisdiction or acquired between September 3, 2002 and March 31, 2008 and for which the New Jersey Motor Vehicle Commission or the New Jersey Department of Transportation has not issued a certificate of compliance shall be certified in accordance with the specifications in effect from September 3, 2002 through March 31, 2008. Any such modified autobus or small autobus for which a contract of sale or purchase order was entered into between September 3, 2002 and March 31, 2008, and any such modified autobus or small autobus that was in manufacturer or dealer inventory between September 3, 2002 and March 31, 2008, shall be certified in accordance with the specifications in effect from September 3, 2002 through March 31, 2008.

(d) Notwithstanding (b) and (c) above, this section shall not be deemed to exempt any autobus or small autobus in which the conventional interior has been modified from any applicable requirements imposed upon such vehicles by the Americans With Disabilities Act (ADA) Accessibility Specifications For Transportation Vehicles as set forth in 49 CFR Part 37 and Part 38, incorporated herein by reference, as amended and supplemented.

N.J. Admin. Code § 16:53-4.1

Amended by R.1989 d.392, effective 7/17/1989.
See: 21 N.J.R. 1098(a), 21 N.J.R. 2051(b).
At (b) changed date from January 2, 1983 to June 1, 1989.
Amended by R.2002 d.295, effective 9/3/2002.
See: 34 N.J.R. 1327(b), 34 N.J.R. 3099(a).
Rewrote the section.
Amended by R.2008 d.49, effective 3/3/2008.
See: 39 N.J.R. 3889(a), 40 N.J.R. 1357(b).
In (a), updated the N.J.A.C. references; in (b), inserted "Motor Vehicle Commission or the New Jersey" twice, inserted "or an amended certificate of compliance" and "at the time the certificate of compliance or amended certificate of compliance was issued", deleted "presently" preceding "designed" and substituted "was" for "has been" preceding "entered" and "was" for "is" preceding "in manufacturer"; and added (c) and (d).