13:60-2.1 Adoption and incorporation, by reference, of Federal Motor Carrier Safety Regulations and Appendices to Federal Motor Carrier Safety Regulations
(a) Except as may be indicated in this chapter and appendix, the Superintendent, pursuant to N.J.S.A. 39:5B-32, hereby adopts and incorporates, by reference:
1. The Federal Motor Carrier Safety Regulations, and all supplements and amendments thereto, adopted as final rule action by the Federal Highway Administration, U.S. Department of Transportation (49 C.F.R., Parts 40, 325, 350, 355, 380, 382, 383, 384, 385, 387, 388, and 390 through 398, inclusive); and
2. Appendices F and G to the Federal Motor Carrier Safety Regulations, and all supplements and amendments hereto, adopted as a final rule action by the Federal Highway Administration, U.S. Department of Transportation (49 C.F.R. Ch. III, Subch. B, App. F and G).
(b) The Parts and Appendices of the Federal Motor Carrier Safety Regulations and all supplements and amendments thereto, adopted as final rule action by the Federal Administration, United States Department of Transportation, and adopted and incorporated, by reference, herein, by the Superintendent, are summarized below. A more detailed list of the sections in the Parts and Appendices is found in the appendix to this chapter (“Appendix to the Regulations Regarding Motor Carrier Safety Regulations”). Within that list some sections, subparts, or parts may have been modified, revised, amended, made subject to a different effective date, and/or intentionally omitted by the Superintendent. Those sections, subparts, or parts are clearly identified in the text of the appendix to this chapter.
1. Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.
2. Part 325, Compliance with Interstate Motor Carrier Noise Emission Standards.
3. Part 350, Commercial Motor Carrier Safety Assistance Program.
4. Part 355, Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations.
5. Part 380, Special Training Requirements.
6. Part 382, Controlled Substances and Alcohol Use and Testing.
7. Part 383, Commercial Driver‘s License Standards; Requirements and Penalties.
8. Part 384, State Compliance with Commercial Driver‘s License Program.
9. Part 385, Safety Fitness Procedures.
10. Part 387, Minimum Levels of Financial Responsibility for Motor Carriers.
11. Part 388, Cooperative Agreements with States.
12. Part 390, Federal Motor Carrier Safety Regulations: General.
13. Part 391, Qualifications of Drivers.
14. Part 392, Driving of Motor Vehicles.
15. Part 393, Parts and Accessories Necessary for Safe Operation.
16. Part 394, (Removed and Reserved)
17. Part 395, Hours of Service of Drivers.
18. Part 396, Inspection, Repair, and Maintenance.
19. Part 397, Transportation of Hazardous Materials: Driving and Parking Rules.
20. Part 398, Transportation of Migrant Workers.
21. Appendix F to Subchapter B-Commercial Zones, Sections 1, 6, 11, 12, 43, and 44.
22. Appendix G to Subchapter B-Minimum Periodic Inspection Standards.
(c) Supplements and amendments to the Federal Motor Carrier Safety Regulations and Appendices to the Federal Motor Carrier Safety Regulations which have been adopted as a final rule action by the Federal Highway Administration and become effective after October 1, 1996, are not listed in the appendix to this chapter. Those supplements and amendments are, pursuant to the (a) above, adopted and incorporated, by reference, herein, as if set forth in full. The full text of such supplements and amendments can be found by examining the Federal Register published after the above noted date. See also, N.J.A.C. 13:60-1.5, Document availability, and N.J.A.C. 13:60-1.6, Assistance.
