N.J. Admin. Code § 16:53-6.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:53-6.1 - Scope

(a) Except as otherwise provided in this subchapter, the New Jersey Motor Vehicle Commission hereby adopts and incorporates by reference the rules pertaining to the safety of equipment promulgated by the United States Department of Transportation set forth in 49 CFR Part 393, as amended and supplemented. A copy of 49 CFR Part 393 may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, (866) 512-1800.

(b) Any small autobus in operation or acquired 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 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 small autobus for which a contract of sale or purchase order was entered into before September 1, 2002, and any new 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) Any small autobus in operation 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 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 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 small autobus for which a contract of sale or purchase order was entered into between September 3, 2002 and March 31, 2008, and any new 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 small autobus 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.

(e) The specifications set forth in this subchapter shall apply to all small autobuses engaged in interstate or intrastate common carrier service that are subject to the New Jersey Motor Vehicle Commission's jurisdiction and for which certificates of compliance of the New Jersey Motor Vehicle Commission are required.

(f) For purposes of this subchapter, a small autobus shall be defined as a motor vehicle used in the transportation of passengers for hire having a seating capacity of no more than 25 adult passengers, not including the driver.

N.J. Admin. Code § 16:53-6.1

Amended by R.1989 d.392, effective 7/17/1989.
See: 21 N.J.R. 1098(a), 21 N.J.R. 2051(b).
Date changed in (b) 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), substituted "Motor Vehicle Commission" for "Department of Transportation" and "(866) 512-1800" for "(202) 783-3238"; in (b), deleted a comma following the first occurrence of "2002" and "presently" preceding "designed", 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" and substituted "was" for "has been" preceding "entered" and "was" for "is" preceding "in manufacturer"; added new (c) and (d); recodified former (c) and (d) as (e) and (f); and in (e), substituted "Motor Vehicle Commission's" for "Department of Transportation's" and "Motor Vehicle Commission" for "Department of Transportation".