New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 53 - AUTOBUSES
Subchapter 3 - AUTOBUS SPECIFICATIONS
Section 16:53-3.1 - Scope

Universal Citation: NJ Admin Code 16:53-3.1

Current through Register Vol. 56, No. 6, March 18, 2024

(a) Except as otherwise herein provided, 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) The specifications set forth in this subchapter shall apply to all 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.

(c) Any 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 except as otherwise provided in this subchapter. Any 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 autobus for which a contract of sale or purchase order was entered into before September 1, 2002, and any new 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 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 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 autobus for which a contract of sale or purchase order was entered into between September 3, 2002 and March 31, 2008, and any new 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 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, an autobus shall be defined as a motor vehicle used in the transportation of passengers for hire having a seating capacity of 26 or more passengers, not including the driver, except as otherwise provided in N.J.A.C. 16:53-4. For purposes of this subchapter, an articulated vehicle is a single unit.

(g) For purposes of this subchapter, when referring to gross vehicle weight rating (GVWR), the weight of each passenger shall be deemed to be 150 pounds.

(h) For purposes of this subchapter, the right or left side of an autobus shall be determined by reference to the driver when sitting in a forward-facing position in the driver's seat.

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