Senate, No. 878 State of new jersey 213th legislature



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SENATE, No. 878

STATE OF NEW JERSEY

213th LEGISLATURE

INTRODUCED JANUARY 28, 2008





Sponsored by:

Senator SHIRLEY K. TURNER

District 15 (Mercer)

SYNOPSIS

Restricts large trucks to certain highway networks.


CURRENT VERSION OF TEXT

As introduced.





An Act concerning certain commercial motor vehicles and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:

"Double-trailer truck combination" means a truck tractor-semitrailer-trailer combination, and which meets the equipment length requirement as set forth in R.S.39:3-84 and 23CFR s. 658.13.

"102-inch wide standard truck" means a truck greater than 96 inches but not greater than 102 inches in width, exclusive of mirrors and other safety devices, and which meets the equipment length requirements as set forth in R.S.39:3-84.

"National Network" means the network of highways on which vehicles authorized by the provisions of the federal "Surface Transportation Assistance Act of 1982," Pub.L.97-424 (49 U.S.C..2301 et seq.) are allowed to operate as designated for the State of New Jersey pursuant to 23CFR s. 658.1 et seq..

"New Jersey Access Network" means the system of routes designated as intrastate access travel routes for 102-inch wide standard trucks and double-trailer truck combinations pursuant to N.J.A.C.16:32-1.5.

"Terminal" means any location where freight originates, terminates, or is handled in the transportation process and, when serviced by twin trailers, includes sufficient off-street area for ingress, egress, drop off or pickup and maneuvering of twin trailer combinations. A motor carrier operating facility, a distribution center, or a rail, waterborne, or air terminal shall be considered the same as a terminal for the purposes of this act.
2. a. Except as provided in subsections b., c., and d. of this section, a 102-inch wide standard truck or a double-trailer truck combination operating in this State shall be restricted to the National Network, the New Jersey Turnpike, and the Atlantic City Expressway.

b. Notwithstanding any law, rule or regulation to the contrary, a 102-inch wide standard truck or a double-trailer truck combination having an origin or a destination in this State may travel upon the "New Jersey Access Network" to the extent necessary for the vehicle to reach a particular destination, or to enter or return to the National Network as is consistent with that vehicle's travel manifest. A vehicle having an destination in this State not situated on either the National Network or the "New Jersey Access Network" may, as otherwise permitted by law or regulation, travel upon any road, street, or highway outside of an authorized network only to the extent necessary for that vehicle to reach a particular destination, or to enter or return from an authorized network. A vehicle shall not travel upon the "New Jersey Access Network" in a manner inconsistent with that vehicle's travel manifest or in any way inconsistent with the location of the vehicle's destination. A vehicle that has concluded its business in this State shall return to and remain on the National Network for the remainder of its travel in this State.

c. Notwithstanding any law, rule or regulation to the contrary, a 102-inch wide standard truck or a double-trailer truck combination having an origin in this State not situated on either the National Network or the "New Jersey Access Network" may, as otherwise permitted by law or regulation, travel upon any road, street, or highway outside of an authorized network only to the extent necessary for that vehicle to enter or return from the National Network or the "New Jersey Access Network" as is consistent with that vehicle's travel manifest. The preference shall be that a vehicle with the option to enter either the National Network or the "New Jersey Access Network," shall enter the National Network whenever practicable and in the interests of safety and efficiency.

d. Nothing in this act shall be construed as a restriction upon a driver of a 102-inch wide standard truck or double-trailer truck combination operating in this State seeking reasonable access to facilities for food, fuel, rest, and repairs in accordance with the provisions of the federal "Surface Transportation Assistance Act of 1982," or 23CFR s.658.19, as amended and supplemented.


3. The Commissioner of Transportation shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the purposes of this act. Any rules and regulations authorized to be promulgated under the provisions of this act shall be consistent with the rules and regulations promulgated by the Secretary of Transportation of the United States of America and the federal "Surface Transportation Assistance Act of 1982."
4. This act shall take effect on the 90th day after enactment.

STATEMENT


This bill would restrict 102-inch wide standard trucks and double-trailer truck combinations operating in the State of New Jersey to the Nation Network, including designated Interstate Highways and other routes, the New Jersey Turnpike and the Atlantic City Expressway, except that a vehicle having a destination in this State may travel upon the "New Jersey Access Network" to the extent necessary for the vehicle to reach that particular destination, or to enter or return to the National Network as is consistent with that vehicle's travel manifest.

This bill would restrict a vehicle having an destination in this State not situated on either the National Network or the "New Jersey Access Network" to traveling upon a road, street or highway outside of an authorized network only to the extent necessary for that vehicle to reach a particular destination, or to enter or return from an authorized network. A vehicle is restricted from traveling upon the "New Jersey Access Network" in a manner inconsistent with that vehicle's travel manifest or in any way inconsistent with location of the vehicle's destination. Any such vehicle that has concluded its business in this State shall return to and remain on the National Network for the remainder of its travel in this State.



This bill would also restrict a vehicle having an origin in this State not situated on either the National Network or the "New Jersey Access Network" to traveling upon any road, street or highway outside of a network only to the extent necessary for that vehicle to enter or return from the National Network or the "New Jersey Access Network" as is consistent with that vehicle's travel manifest. The preference shall be that a vehicle with the option to enter either the National Network or the "New Jersey Access Network" shall enter the National Network whenever practicable and in the interests of safety and efficiency.

This bill does not restrict a driver of a 102-inch wide standard truck or double-trailer truck combination operating in this State from seeking reasonable access to facilities for food, fuel, rest, and repairs in accordance with the provisions of the federal "Surface Transportation Assistance Act of 1982," or 23CFR s.658.19, as amended and supplemented.

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