N.J. Admin. Code § 16:53B-3.1

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

Section 16:53B-3.1 - General provisions

(a) All parties potentially affected by a bridge jurisdiction assignment may present evidence of maintenance, repair, reconstruction, inspection or other work to the Department.

(b) Each assignment of jurisdiction shall be made by written order of the Commissioner.

(c) Jurisdiction over a railroad overhead bridge assigned under this chapter may be transferred to another party by voluntary agreement between the parties, provided that the Commissioner approves the agreement by written order.

(d) A written order assigning jurisdiction over a railroad overhead bridge under the provisions of this chapter shall not relieve any party of any tort or contractual liability existing prior to the issuance of that order.

(e) The Commissioner shall not make an order assigning jurisdiction for a railroad overhead bridge, which does not carry a State highway unless:

1. The bridge is the subject of an improvement project financed in whole or in part by State funds, in which case the Commissioner may make the order contingent upon satisfactory completion of work;

2. The order assigns jurisdiction to a party who has requested jurisdiction over the bridge by written petition to the Commissioner; or

3. The Commissioner accepts a written petition for assignment from an affected party other than the party to whom jurisdiction would be otherwise assigned under N.J.A.C. 16:53B-4.1, when the Commissioner determines that the assignment would be in the public interest, and the Commissioner further determines that the bridge is in good repair.

N.J. Admin. Code § 16:53B-3.1

Renumbered from 16:53B-1.3 by 49 N.J.R. 336(b), effective 2/21/2017