N.J. Admin. Code § 16:53-8.1

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

Section 16:53-8.1 - Scope

(a) The specifications set forth in this subchapter shall apply to sedan-type autobuses used on a regular route in interstate or intrastate common carrier service that are subject to the New Jersey Motor Vehicle Commission's jurisdiction.

(b) 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.

(c) Any sedan-type 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 sedan-type 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 sedan-type autobus for which a contract of sale or purchase order was entered into before September 1, 2002, and any new sedan-type 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.

(d) Any sedan-type 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 sedan-type 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 sedan-type autobus for which a contract of sale or purchase order was entered into between September 3, 2002 and March 31, 2008, and any new sedan-type 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.

(e) Notwithstanding (c) and (d) above, this section shall not be deemed to exempt any sedan-type 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.

(f) For purposes of this subchapter, a sedan-type autobus shall be defined as a motor vehicle having a capacity of 12 or less passengers, including the driver, having construction characteristics commonly referred to as a sedan with seats extending across the body and having a door at each side of the vehicle at each row of seats.

N.J. Admin. Code § 16:53-8.1

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 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).
In (a), deleted "following" preceding "specifications", inserted "set forth in this subchapter shall" preceding "apply to" and inserted "used on a regular route" following "autobuses"; rewrote (b); in (c), changed date from June 1, 1989 to September 1, 2002; added (d).
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's" for "Department of Transportation's"; in (b), substituted "Motor Vehicle Commission" for "Department of Transportation" and "(866) 512-1800" for "(202) 783-3238"; in (c), 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 (d) and (e); and recodified former (d) as (f).