13:19-1.5 Adjournments; failure to appear

13:19-1.5 Adjournments; failure to appear


(a) No prehearing conference shall be adjourned from the scheduled prehearing conference date except for good cause and upon order of the Chief Administrator or an employee designated by the Chief Administrator. All requests for an adjournment must be made in writing, with the reasons specified therein, not later than seven days before the date scheduled for the prehearing conference. All requests shall be sent to the following address:

Motor Vehicle Commission

Driver Management Bureau

PO Box 134

Trenton, New Jersey 08666-0134

Attention: Prehearing Conference Scheduling Unit

(b) No request shall be granted for an adjournment unless good cause is shown.

(c) No request shall be granted for the adjournment of a prehearing conference that is made after the time as provided in (a) above unless the licensee can show good cause and upon order of the Chief Administrator or an employee designated by the Chief Administrator.

(d) In the event a licensee fails to attend a prehearing conference wherein an adjournment has not been granted, the proposed action against the licensee shall be taken and the licensee shall be deemed to have abandoned his or her request for a hearing.

13:19-1.3 Notification of prehearing conference date

13:19-1.3 Notification of prehearing conference date


The Commission shall notify the licensee of the date, time and place of each prehearing conference scheduled pursuant to this subchapter.

§ 13:19-1.2 Requests for hearings; disposition of hearing requests

§ 13:19-1.2 Requests for hearings; disposition of hearing requests


(a) The proposed action to be taken against any licensee by the Commission shall become effective on the date set forth in the notice except when otherwise specified, unless the licensee or his or her attorney shall make a request, in writing, for a hearing within 25 days from the date of notice.

(b) Requests for a hearing shall, except as specified in (c) below and in N.J.A.C. 13:19-12.2(b), be sent to the following address:

Motor Vehicle Commission

Driver Management Bureau

PO Box 134

Trenton, New Jersey 08666-0134

(c) Requests for a hearing by a person or entity whose business license (that is, motor vehicle dealer license, private inspection facility license, motor vehicle emission repair facility registration, motor vehicle emission inspector license, diesel emission inspection center license, auto body repair facility license, junk yard license, sun-screening material installation facility registration, driving school license or driving school instructor‘s license) is proposed to be suspended or revoked shall be sent to the address specified by the Commission in its notice of proposed suspension or revocation.

(d) Requests for a hearing shall specify all disputed material facts which the licensee or his or her attorney intends to raise at such hearing. Requests for a hearing shall also set forth all legal issues which the licensee or his or her attorney intends to raise, and shall present all arguments on those issues which the licensee wishes the Commission to consider.

(e) When a hearing request fails to set forth any disputed material fact and fails to set forth any legal issue or any argument on an issue, the request for a hearing shall be denied. The Commission shall notify the licensee of this denial and the grounds thereof, and shall notify the licensee that the proposed action shall become effective on such date as the Commission shall specify. Such notice shall constitute the final agency decision in the matter.

(f) When a hearing request sets forth disputed material facts which the licensee or his or her attorney intends to raise at such hearing, the Chief Administrator shall require the licensee to attend a prehearing conference conducted by designated employees of the Commission.

(g) When there are no disputed material facts and when a request for a hearing sets forth legal issues and presents arguments on those issues, the Chief Administrator may either consider those legal issues and arguments on the basis of the written record and render a written determination which shall constitute the final agency decision in the matter; or may require the licensee to attend a prehearing conference conducted by designated employees of the Commission; or may transmit the matter directly to the Office of Administrative Law for a hearing pursuant to N.J.A.C. 1:1.

13:19-1.1 Applicability

§ 13:19-1.1 Applicability


The provisions of this subchapter shall apply to administrative hearings in cases involving denial, revocation, suspensions or refusal to renew licenses, examination permits, special learner‘s permits, nondriver identification cards, motorized bicycle licenses, motorized bicycle learner‘s permits, or driving privileges, including cases involving imposition of insurance surcharges pursuant to N.J.S.A. 17:29A-35. However, the provisions of this subchapter shall not apply to hearings in fatal accident cases in which the Commission has initiated administrative suspension action against a licensee pursuant to subsection b, c, or e of N.J.S.A. 39:5-30; requests for hearings and the scheduling and conduct of same in such cases are governed by the provisions of subsection b or e of N.J.S.A. 39:5-30.

Proposed Readoption with Amendments: N.J.A.C. 13:19 –1 through 9 and 11 Proposed Amendments: N.J.A.C. 13:19-10.1, 12.1, 12.2, 12.11, 12.12, 13.1 and 1

Disclaimer: Notices of Proposal are posted on this site by the New Jersey Motor Vehicle
Commission as a courtesy to inform the public about pending rules. This version is not
the official text of the proposal and may differ from the official published text. The official
text of the proposal is published in the New Jersey Register issue for the date indicated.
Should there be any discrepancies between this website and the official version of the
proposal, the official version will govern.
MOTOR VEHICLE COMMISSION
Driver Management Bureau
Proposed Readoption with Amendments: N.J.A.C. 13:19 –1 through 9 and
11
Proposed Amendments: N.J.A.C. 13:19-10.1, 12.1, 12.2, 12.11, 12.12, 13.1
and 13.2
Authorized By: Motor Vehicle Commission, ___________________________
Stephen S. Scaturro, Vice Chair
Authority: N.J.S.A. 17:29A-35, 39:2-3, 39:3-10, 39:3-10.4 et seq., 39:3-11, 39:3-
15, 39:3-15.1, 39:3-16, 39:4-50, 39:4-50.16 et seq., 39:5-30, 39:5D-4, 39:5F-1
et seq., 52:14B-1 et seq. and Pub. L. 99-570.
Calendar Reference: See Summary below for explanation of exception to
calendar requirement.
Proposal Number: PRN 2009 -
Submit written comments by ______, 20__ to:
Steven E. Robertson, Director
Legal and Regulatory Affairs
Motor Vehicle Commission
225 East State Street
PO Box 162
Trenton, NJ 08666-0162
2
The agency proposal follows:
Summary
The public comment period for this proposal will be 60 days, since the
proposal is not listed in the agency rulemaking calendar. This notice of proposal
is exempted from the rulemaking calendar requirement pursuant to N.J.A.C.
1:30-3.3(a)5.
The Motor Vehicle Commission (Commission) proposes to readopt with
amendments the provisions of N.J.A.C. 13:19-1 to 9, inclusive, and N.J.A.C.
13:19-11 concerning driver control service in accordance with the “sunset” and
other provisions of Executive Order No. 66 (1978) and the Administrative
Procedure Act at N.J.S.A. 52:14B-5.1. These rules expire on January 5, 2010.
On June 29, 1994, the Governor directed that the five-year sunset provision of
Executive Order No. 66 (1978) is waived for subchapters 10, Point System and
Driving During Suspension; 12, Motor Vehicle Insurance Surcharge; and 13,
Motor Vehicle Insurance Surcharge: Supplemental Surcharges, of N.J.A.C.
13:19 until such time as the bonds, which funded a portion of the Market
Transition Facility deficit have been retired. (See 26 N.J.R. 2905 (a)).
Surcharges collected by the Commission are transferred to the Market Transition
Facility Revenue Fund for the purpose of discharging the bonds, notes and
obligations of the Market Transition Facility.
The rules contained in N.J.A.C. 13:19 implement various provisions of the
Motor Vehicle and Traffic Laws, N.J.S.A. 39:1-1 et seq., pertaining to driver
qualification, administrative hearing procedures, and driver license denial and
3
suspension. The Commission has reviewed N.J.A.C. 13:19-1 through 13:19-9,
inclusive, and N.J.A.C. 13:19-11 in accordance with Executive Order No. 66
(1978) and the Administrative Procedure Act (N.J.S.A. 52:14B-5.1) and has
determined that said rules are “necessary, adequate, reasonable, efficient,
understandable and responsive to the purpose for which they were promulgated,”
but has also determined to propose amendments to various rules contained in
said subchapters as part of this proposal. Many of the rules contained in
N.J.A.C. 13:19 implement the public policy of this State as set forth in the Motor
Vehicles and Traffic Law; namely, to foster highway safety by limiting licensure to
those who are physically qualified to safely operate motor vehicles and those
who demonstrate an ability to comply with the Motor Vehicles and Traffic Law.
A summary of each subchapter and important sections in N.J.A.C. 13:19
follows:
Subchapter 1 pertains to administrative hearings.
N.J.A.C. 13:19-1.1 provides that the provisions of the subchapter shall
apply to administrative hearings in cases involving revocation, suspension or
refusal to renew licenses, including cases involving imposition of insurance
surcharges by the Commission pursuant to N.J.S.A. 17:29A-35. However, the
provisions of N.J.A.C. 13:19-1 do not apply to hearings in fatal accident cases in
which the Commission has initiated administrative suspension action against a
licensee pursuant to subsection b, c, or e of N.J.S.A. 39:5-30; requests for
hearings and the scheduling and conduct of same in such cases are governed by
the provisions of subsection b or e of N.J.S.A. 39:5-30.
4
N.J.A.C. 13:19-1.2 affords a licensee or his or her attorney a period of 25
days from the date of notice of proposed Commission action against such
licensee in which to make a written hearing request to the Commission. N.J.A.C.
13:19-1.2 also provides that requests for a hearing must specify all disputed
material facts that the licensee or his or her attorney intends to raise at such
hearing. Requests for a hearing must also set forth all legal issues that the
licensee or his or her attorney intends to raise, and must present all arguments
on those issues that the licensee wishes the Commission to consider. N.J.A.C.
13:19-1.2 further provides that when a hearing request fails to set forth any
disputed material fact and fails to set forth any legal issue or any argument on an
issue, the request for a hearing shall be denied. The Commission shall notify the
licensee of this denial and the grounds thereof, and shall notify the licensee that
the proposed action shall become effective on such date as the Commission
shall specify. The rule further provides that such notice of denial of a hearing
request shall be deemed to constitute the final decision of the Commission in
such matter. N.J.A.C. 13:19-1.2 also provides that when a hearing request sets
forth disputed material facts that the licensee or his or her attorney intends to
raise at such hearing, the Chief Administrator shall require the licensee to attend
a prehearing conference conducted by designated Commission employees.
N.J.A.C. 13:19-1.2 further provides that when there are no disputed material
facts and when a request for a hearing sets forth legal issues and presents
arguments on those issues, the Chief Administrator may either consider those
legal issues and arguments on the basis of the written record and render a
5
written determination, which shall constitute the final agency decision in the
matter; or may require the licensee to attend a prehearing conference conducted
by designated employees of the Commission; or may transmit the matter directly
to the Office of Administrative Law for a hearing pursuant to N.J.A.C. 1:1. The
proposal amends N.J.A.C. 13:19-1.2 (b) by changing the name of the unit that
receives hearing requests from the “Driver Management Bureau” to the
“Scheduling Unit” and changing the corresponding post office box number and
zip code.
N.J.A.C. 13:19-1.3 provides that the Commission shall notify the licensee
of the date, time and place of a prehearing conference scheduled pursuant to
N.J.A.C. 13:19-1.
N.J.A.C. 13:19-1.4 is reserved.
N.J.A.C. 13:19-1.5 governs adjournments and failure to appear. The
proposal amends N.J.A.C. 13:19-1.5(a) by changing the name of the unit that
receives adjournment requests from the “Driver Management Bureau” to the
“Scheduling Unit” and changing the corresponding post office box number and
zip code. It also deletes the line below the city, state, and zip code that read:
“Attention: Prehearing Conference Scheduling Unit."
N.J.A.C. 13:19-1.6 concerns representation by counsel.
N.J.A.C. 13:19-1.7 provides for the conduct of prehearing conferences by
driver improvement analysts.
N.J.A.C. 13:19-1.8 indicates that the purpose of the prehearing
conference is to clarify disputed material facts and legal issues raised in the
6
hearing request; to review the evidence upon which the licensee bases his or her
claim; to ascertain the discovery needs of the licensee; to supply the licensee
with any discovery to which the licensee may be entitled under the Uniform
Administrative Procedure Rules; and to attempt to resolve the administrative
action to be taken. N.J.A.C. 13:19-1.8 also provides that a Commission driver
improvement analyst shall conduct a prehearing conference with a licensee who
has been scheduled for such a conference pursuant to N.J.A.C. 13:19-1.
N.J.A.C. 13:19-1.8 further provides that when the Commission and a licensee
cannot reach a resolution of the proposed administrative action at the prehearing
conference, the matter shall be transmitted to the Office of Administrative Law for
a hearing pursuant to N.J.A.C. 1:1, unless there are no disputed material facts
and no legal issues or argument on those issues raised at the conference. The
rule further provides that in the event there is no resolution of the proposed
administrative action at the prehearing conference and there are no disputed
material facts and no legal issues or argument on those issues raised at the
conference, the Commission shall notify the licensee that the matter shall not be
transmitted to the Office of Administrative Law and the grounds thereof and shall
notify the licensee that the proposed action shall become effective on such date
as the Commission shall specify. Such notice shall constitute the final agency
decision in the matter.
N.J.A.C. 13:19-1.9 through 1.12 are reserved.
N.J.A.C.13:19-1.13(a) provides that the Commission shall not take
administrative action against a person unless it has first afforded the person an
7
opportunity to be heard in conformity with N.J.A.C. 13:19-1, except as set forth in
subsections (b), (c) and (d) of the rule. Subsection (b) of the rule provides that
when the administrative action proposed by the Commission against any person
is one wherein the Commission has authority to act without first providing an
opportunity to be heard, the Commission shall promptly afford the person an
opportunity to be heard in conformity with N.J.A.C. 13:19-1. Subsection (c) of the
rule provides that a hearing shall not be provided when the action taken by the
Commission is required by any law that prescribes a suspension or revocation of
a license or a privilege and that requires no exercise of discretion on the part of
the Commission. A hearing shall not be provided when a license or privilege is
suspended or revoked by order of a court of competent jurisdiction. Subsection
(d) of the rule provides that when a license is restored with the understanding
that any subsequent moving violation will be cause for a summary suspension,
the issue of any hearing provided with respect to a proposed suspension for such
subsequent moving violation will be limited to whether or not the licensee has
been convicted of a subsequent moving violation and ascertaining whether the
licensee received notice that the license had been restored with that
understanding.
Subchapter 2 was repealed effective June 20, 1983. That subchapter
contained rules concerning probationary driver licenses.
Subchapter 3 was repealed effective August 18, 1989. That subchapter
contained rules concerning accident claims filed with the Unsatisfied Claim and
8
Judgment Fund Board, which was transferred from the former Division of Motor
Vehicles to the then Department of Insurance pursuant to N.J.S.A. 39:6-64a.
Subchapter 4 pertains to cardiovascular disorders.
N.J.A.C. 13:19-4.1 provides for the appointment of a Cardiovascular
Committee (Committee) to advise the Commission concerning the physical
qualifications of drivers.
N.J.A.C. 13:19-4.2 provides that the Chief Administrator, in determining
the driver qualification of a person affected by a cardiovascular disorder, may
require the person to provide a statement of his or her medical history and a
statement from his or her physician pertaining to diagnosis, treatment and
prognosis.
N.J.A.C. 13:19-4.3 indicates that the Chief Administrator may refer cases
to the Committee for review and recommendation relating to driver qualification.
If the Committee deems it advisable, the applicant or licensed driver may be
required to be examined by an internal medicine specialist or a cardiologist.
N.J.A.C. 13:19-4.4 indicates that the Committee members will report their
findings and recommendations to the Chief Administrator who will determine
whether or not to issue a driver license or whether or not to allow an existing
licensee to retain his or her driving privilege(s). The proposed amendment to the
rule conforms this section to the rest of the subchapter and to existing
Commission practice by acknowledging that the Committee is not only called
upon to issue findings and recommendations for new drivers, it also is called
upon to issue findings and recommendations as to whether or not existing drivers
9
should be permitted to retain their basic and/or commercial and/or passenger
driving privileges.
N.J.A.C. 13:19-4.5 provides that cases may also be referred to the
Committee upon application for restoration of driving privileges.
N.J.A.C. 13:19-4.7 provides that restoration of driving privileges may be
conditioned upon the driver’s agreement to submit interval medical reports.
N.J.A.C. 13:19-4.8 provides that the Chief Administrator may require a
driver to be reexamined as to his or her ability to safely operate motor vehicles
prior to the restoration of driving privileges.
Subchapter 5 pertains to convulsive seizures.
N.J.A.C. 13:19-5.1 requires a person who has been subject to recurrent
convulsive seizures, recurrent periods of impaired consciousness or impairment
or loss of motor coordination to establish that he or she has been free of such
condition for one year as a prerequisite to the issuance of a learner’s permit,
driver’s license, driver’s license renewal or the retention of the driver’s license
that has been issued to said person.
N.J.A.C. 13:19-5.2 provides that the Chief Administrator, after notice and
hearing, may suspend the driving privilege of, or deny the issuance of a learner’s
permit or driver’s license to a person who is affected by a seizure disorder.
When the Chief Administrator determines it to be in the public interest, a
suspension may be imposed pending administrative hearing.
N.J.A.C. 13:19-5.3 provides that the Chief Administrator, in determining
the driver qualification of a person affected by a seizure disorder, may require the
10
person to provide a statement of his or her medical history, a statement from the
treating physician pertaining to diagnosis, treatment and prognosis, and any
other information deemed necessary.
N.J.A.C. 13:19-5.4 provides that the Chief Administrator shall appoint a
Neurological Disorder Committee upon consultation with and advice of the
Medical Society of the State of New Jersey.
N.J.A.C. 13:19-5.5 provides that the Chief Administrator may refer
individual cases to the Neurological Disorder Committee for review and
recommendation relating to driver qualification.
N.J.A.C. 13:19-5.6 requires each member of the Neurological Disorder
Committee to separately report the member’s findings and recommendations to
the Chief Administrator.
N.J.A.C. 13:19-5.7 provides that the Chief Administrator upon consultation
with members of the Neurological Disorder Committee, may grant a learner’s
permit or initial driver’s license or may permit a person to retain his or her driver’s
license although such person may have suffered a seizure, period of impaired
consciousness, or impairment or loss of motor coordination within a one year
period when the specific characteristics of a person’s disorder do not adversely
impact on the person’s ability to safely operate a motor vehicle.
N.J.A.C. 13:19-5.8 provides that a determination to issue or restore driving
privileges is predicated on the submission of a current statement of medical
history, a current physician’s statement, and evidence that the seizure-free
requirement has been satisfied or that waiver thereof has been granted by the
11
Chief Administrator upon consultation with members of the Neurological Disorder
Committee.
N.J.A.C. 13:19-5.9 indicates that a determination to issue or restore
driving privileges is conditioned upon the person’s agreement to submit interval
reports containing the medical history and physician’s statement. Interval reports
must be submitted every six months for a period of two years from the date of
license issuance or restoration. Thereafter, yearly reports must be submitted.
The Chief Administrator, in his or her discretion, may waive or alter the interval
report requirement.
N.J.A.C. 13:19-5.10 provides that a driver reexamination may be required
as a condition of the issuance, retention, or restoration of driving privileges.
Subchapter 6, Installation and Use of Ignition Interlock Devices,
establishes procedures and requirements for the certification of breath alcohol
ignition interlock devices.
N.J.A.C. 13:19-6.1 articulates the purpose and scope of the subchapter.
N.J.A.C. 13:19-6.2 defines the words and terms used in the subchapter.
N.J.A.C. 13:19-6.3 adopts and incorporates by reference the National
Highway Traffic Safety Administration’s (NHTSA) Model Specifications for breath
alcohol ignition interlock devices (BAIIDs).
N.J.A.C. 13:19-6.4 sets forth standards governing the use and installation
of BAIIDs for the purpose of satisfying DWI sentencing requirements. The rule
sets forth the sentenced offender’s obligation to have a BAIID installed in every
vehicle he or she owns, leases, or regularly operates by a service center
12
designated by the Chief Administrator, and to have the BAIID regularly serviced
at a designated service center. The rule also sets forth the general obligation
that no one remove a BAIID until the offender’s sentence is completed.
N.J.A.C. 13:19-6.5 establishes the specifications for BAIIDs used for
satisfaction of DWI sentencing requirements. BAIIDs are required to meet the
NHTSA Model Specifications, to have an alcohol setpoint of 0.05 percent breath
alcohol concentration (BrAC), to have fixed thereto a label warning against
tampering liability, and to have a maximum required service interval of 67 days.
N.J.A.C. 13:19-6.6 establishes the application procedure for the Chief
Administrator’s certification of BAIIDs. The proposal amends subsection (b)6 of
the rule by correcting the regulatory citation contained in that section. The
citation is currently listed as N.J.A.C. 16:19-6.14; it should be 13:19-6.14.
N.J.A.C. 13:19-6.7 provides that the Chief Administrator shall certify a
BAIID for use in meeting DWI sentencing requirements provided the BAIID meets
the requirements of N.J.A.C. 13:19-6.5, the manufacturer has filed a completed
application containing the certifications and information required in N.J.A.C.
13:19-6.6, and the manufacturer’s service center complies with the requirements
of N.J.A.C. 13:19-6.11. The Chief Administrator is empowered to deny
certification to a BAIID model if certification or approval has been denied,
suspended, or revoked in another state. The Chief Administrator provides written
notice of the grant or denial of certification, and in case of denial, the reason
therefor. After BAIID certification, manufacturers are required to file a surety
bond in the amount of $10,000 with the Commission.
13
N.J.A.C. 13:19-6.8 requires manufacturers to obtain liability insurance in
specified amounts and to file proof thereof with the Commission.
N.J.A.C. 13:19-6.9 requires manufacturers of certified BAIIDs to provide
annually to the Chief Administrator reports concerning the consistency in the
manufacture of the BAIID and complaints received and corrective action taken
with respect to the BAIID. In addition, manufacturers are required to notify the
Commission within 30 days of their receipt of notice of another state’s
suspension, revocation, or denial of certification of the model certified by the
Commission.
N.J.A.C. 13:19-6.10 provides the bases for the Chief Administrator’s
authority to revoke BAIID certification and establishes the effective date of the
revocation. In addition, the rule requires BAIIDs installed under the subchapter
to be removed from the program participants’ vehicles at the manufacturer’s
expense when the Chief Administrator has revoked certification for the BAIID.
N.J.A.C. 13:19-6.11 establishes requirements for BAIID service centers
that address such facilities’ physical layout, operation, and staffing. The
requirements also address the matters of installation security, tampering
memorialization, access to BAIID installation and maintenance without regard to
economic status, training, and responsible staffing.
N.J.A.C. 13:19-6.12 requires BAIID manufacturers to register with the
Commission in each year subsequent to the year in which the model was
certified by the Chief Administrator a certified model’s continued compliance with
the requirements of the subchapter.
14
N.J.A.C. 13:19-6.13 is reserved.
N.J.A.C. 13:19-6.14 provides that indigent persons are able to participant
in the program at half the regular installation and leasing charges, and requires
persons applying for the reduced rates to show proof of eligibility at the time of
application.
N.J.A.C. 13:19-6.15 provides information as to how to obtain lists of
certified BAIIDs and service center locations.
Subchapter 7, Reciprocity Agreement between Connecticut and New
Jersey, contains the reciprocity agreement between the two states concerning
motor vehicle violations, bail forfeitures and failures to appear by drivers licensed
in the respective states.
Subchapter 8, Reciprocity Agreement between Province of Alberta and
State of New Jersey, contains the reciprocity agreement concerning motor
vehicles registered in the respective jurisdictions.
Subchapter 9, Designation of State Official to Be Notified by Drivers of
Commercial Motor Vehicles Concerning Out-of-State Motor Vehicle Convictions,
designates the Motor Vehicle Commission’s Director, Compliance and Safety, as
the State official to be notified by drivers of commercial motor vehicles of out-of-
State motor vehicle convictions pursuant to the Federal Commercial Motor
Vehicle Safety Act of 1986, and also indicates the address to which such
notification is to be sent. The proposal updates the title of the official designee; it
formerly was “Director, Driver Management/Regulatory Affairs” and it is now
“Director, Compliance and Safety.”
15
Subchapter 10, Point System and Driving During Suspension, provides a
framework for administrative action against repetitive violators of the Motor
Vehicles and Traffic Law. It lists the violations for which points are assessed and
the number of points assessed for each of those violations. The subchapter also
sets the periods of suspension for points accumulation. The proposal amends
N.J.A.C. 13:19-10.1 by clarifying when points are assessed for violations of
N.J.S.A. 39:4-97.2, driving in an unsafe manner, in accordance with Hina K Patel
v. New Jersey Motor Vehicle Commission, Supreme Court of New Jersey, A-86
September Term 2008, 2009 N.J. LEXIS 1008. According to the Court, no points
shall be assessed for the first two violations of N.J.S.A. 39:4-97.2 but points shall
be assessed for third and subsequent violations that occur within five years of the
prior N.J.S.A. 39:4-97.2 violation. This proposed amendment will not change the
way the MVC administers the assessment of points for N.J.S.A. 39:4-97.2 since
its computer system’s programming already conforms to the Supreme Court’s
decision; it will just clarify the language in the regulation. The sunset provision of
Executive Order No. 66 (1978) has been waived for this subchapter.
Subchapter 11, Suspension for Out-of-State Convictions; Administrative
Determinations and Bail Forfeitures for Driving While Under the Influence of
Intoxicating Liquor or Drugs; Refusal to Submit to Chemical Test, provides for the
uniform application of New Jersey law in matters relating to out-of-State
convictions for alcohol-related violations. New Jersey licensed drivers are
subject to the terms of suspension and alcohol education or rehabilitation
16
program requirements specified at N.J.S.A. 39:4-50 and 39:4-50a for alcoholrelated
violations incurred out-of-State.
Subchapter 12, Motor Vehicle Insurance Surcharge (title of subchapter
amended by this proposal to be Motor Vehicle Violations Surcharge System),
specifies the Commission’s hearing, suspension and installment payment
procedures to implement the Motor Vehicle Violations Surcharge System as
provided for in N.J.S.A. 17:29A-35. The sunset provision of Executive Order No.
66 (1978) has been waived for this subchapter.
The proposal amends the term “Insurance Surcharge Bill” to “Motor
Vehicle Violations Surcharge System Bill” in the title of N.J.A.C. 13:19-12.1 and
the text in N.J.A.C. 13:19-12.1(b) to be consistent with terminology in P.L. 2007,
c. 282 that implemented Recommendation 8 (“Rename the Insurance Surcharge
Program to reflect its current purpose as a driver assessment penalty.”) of the
Motor Vehicles Affordability and Fairness Task Force Final Report, February
2006, prepared by the Alan M. Voorhees Transportation Center of the Edward J.
Bloustein School of Planning and Public Policy of Rutgers, the State University of
New Jersey and the New Jersey Motor Vehicle Commission.
In N.J.A.C. 13:19-12.2, the proposal amends the address to which hearing
requests shall be addressed to reflect the program’s name change, pursuant to
P.L. 2007, c. 282. “Automobile Insurance Surcharge and Collections” is replaced
by “Motor Vehicle Violations Surcharge System.”
The proposal amends N.J.A.C. 13:19-12.11 to conform the section to the
changes made pursuant to P.L. 2007, c. 282 that authorize the MVC to allow, for
17
good cause, surcharge payments to be made in up to thirty-six monthly
installments. These changes to the law were prompted by a Motor Vehicles
Affordability and Fairness Task Force recommendation.
The proposal also amends N.J.A.C. 13:19-12.12 to reflect the fact that the
New Jersey Merit Rating Plan is now the Motor Vehicle Violations Surcharge
System as a result of the changes made by P.L 2007, c. 282.
Subchapter 13, Motor Vehicle Insurance Surcharge (title of this
subchapter amended by this proposal to be Motor Vehicle Violations Surcharge
System); Supplemental Surcharges, implements the Motor Vehicle Violations
Surcharge System (N.J.S.A. 17:29A-35), which provides for the imposition of
motor vehicle insurance surcharges. The subchapter establishes supplemental
surcharges for certain motor vehicle convictions and administrative suspensions.
The supplemental surcharges are levied for serious motor vehicle violations such
as driving while suspended and driving without liability insurance. The sunset
provision of Executive Order No. 66 (1978) has been waived for this subchapter.
References to “Plan” surcharges in N.J.A.C. 13:19-13.1(a) and 13:19-13.2 (a) are
proposed for change to “System” surcharges to reflect the name change enacted
by P.L. 2007, c. 282.
Social Impact
The readoption of N.J.A.C. 13:19 will have a beneficial social impact in
that the rules contained therein promote highway safety by implementing various
provisions of the Motor Vehicles and Traffic Law pertaining to driver qualification,
18
driver rehabilitation and driver disqualification for violation of the motor vehicle
laws. The readoption of N.J.A.C. 13:19 also promotes the social welfare in that it
sets forth administrative hearing procedures that comport with due process
requirements of notice and hearing before final administrative action is taken by
the Commission in license suspension and insurance surcharge matters.
Persons may be disqualified from licensure because their medical
condition (that is, cardiovascular or convulsive seizure disorder) creates an
unreasonable risk to the safety of other motorists. Persons who have repeatedly
violated the Motor Vehicles and Traffic Law or have incurred alcohol-related
violations may have their driving privileges suspended because they also present
a disproportionate risk to the safety of other motorists. Imposition of driving
privilege suspensions fosters highway safety in that said suspensions are
intended to deter further violations upon license restoration. Driver improvement
programs for motor vehicle violators and alcohol education or rehabilitation
program requirements for persons committing alcohol-related violations also
foster highway safety in that said programs are designed and intended to modify
driver behavior. Installation of ignition interlock devices on motor vehicles
owned, leased or regularly operated by DWI offenders as a condition of driver
license restoration promotes highway safety by preventing motor vehicles from
being driven by persons whose breath alcohol concentrations effectively prohibit
the vehicles’ engines from being started.
Allowing qualified drivers to pay their surcharges in up to thirty-six monthly
installments conforms the regulations to recent changes in the law that make it
19
less burdensome to those drivers who cannot afford large monthly payments,
decreases the likelihood of drivers having their driving privileges suspended
because they cannot afford to make their surcharge payments, and makes it
more likely that the Motor Vehicle Violations Surcharge System will receive its
payments in a timely fashion because drivers are less likely to default on their
payments if they have more affordable monthly payment amounts.
Economic Impact
The economic impact on the State in funding the Motor Vehicle
Commission’s Driver Control Services Division is partially offset by the driver
improvement program fees that are collected by the Commission pursuant to
N.J.S.A. 39:5-30.4 and N.J.A.C. 13:19-10.3(c). There is an adverse economic
impact on drivers who commit motor vehicle violations and who as a result incur
driver improvement program fees; or who as a result incur a driver license
suspension necessitating a payment of a license restoration fee or alcohol
program fee as a prerequisite to license restoration; or who as a result incur an
insurance surcharge; or who as a result are required to install an ignition interlock
device as a condition of license restoration. There is an adverse economic
impact on drivers who incur serious motor vehicle violations in that they are
subject to the imposition of insurance surcharges as provided by law. Following
a recommendation by the Motor Vehicles Affordability and Fairness Task Force,
P.L. 2007, c. 282 was passed. P.L. 2007, c. 282 has somewhat tempered the
adverse economic impact on individuals that emanates from insurance
20
surcharges by increasing the allowable amount of monthly installment payments
from 12 to up to 36. The proposed amendments to N.J.A.C. 13:19-12.11 will
conform the rule to the law and current MVC practice.
There is an economic impact on the State in funding the Commission’s
Automobile Insurance Surcharge and Collection Unit which is charged with the
administration of the supplemental surcharge rules. Prior to September 1, 1996,
the former Division of Motor Vehicles’ administrative costs incurred in collecting
insurance surcharges were partially offset in that the Division was permitted by
N.J.S.A. 17:29A-35 to retain 10 percent of the monies collected, or the actual
cost of administering the collection of surcharges, whichever was less. Also,
prior to September 1, 1996, the former Division of Motor Vehicles was permitted
by N.J.S.A. 17:29A-35 to retain five percent of the monies collected, or the actual
cost of administering the insurance cancellation notification system established
pursuant to N.J.S.A. 17:33B-41, whichever was less. Commencing September
1, 1996, all surcharges collected by the former Division, including the
supplemental surcharges collected pursuant to N.J.A.C. 13:19-13, have been
remitted to the Division of Motor Vehicles’ Surcharge Fund for transfer to the
Market Transition Facility Revenue Fund for the purpose of discharging the
bonds, notes and obligations of the Market Transition Facility. See N.J.S.A.
17:29A-35 and 34:1B-21.1 et seq. The administrative costs incurred by the
Commission’s Automobile Insurance Surcharge and Collection Unit is now
funded through the State General Fund.
21
Federal Standards Statement
In compliance with Executive Order No. 27 (1994), Requirement for
Statement Concerning Federal Standards in State Agency Rulemaking, notice is
hereby given that the rules proposed for readoption herein pertaining to the
installation of an ignition interlock device incorporate by reference the NHTSA
Model Specifications; thereby meeting but not exceeding the Federal
requirements set forth in the Transportation Equity Act for the 21st Century (TEA-
21), Pub. L.105-178, 111 Stat. 107 et seq.
A Federal standards analysis is not required for the remainder of the rules
proposed for readoption with amendments herein because the subject matter of
those rules is governed by State law and is not subject to any Federal
requirements or standards.
Jobs Impact
The Division does not anticipate that any jobs will be generated or lost as
a result of the rules proposed for readoption with amendments.
Agriculture Industry Impact
The rules proposed for readoption with amendments will have no impact
on the agriculture industry in the State.
22
Regulatory Flexibility Statement
The rules proposed for readoption impose reporting, recordkeeping and
compliance requirements on ignition interlock device manufacturers, some of
which may be small businesses within the meaning of the Regulatory Flexibility
Act, N.J.S.A. 52:14B-16 et seq.
Manufacturers that seek to participate in the certified ignition interlock
device program are required to comply with the application and post-certification
reporting, recordkeeping and compliance requirements imposed by N.J.A.C.
13:19-6. To obtain certification, the rules require manufacturers to ensure that
the device proposed for certification complies with the NHTSA model
specifications, has the designated alcohol setpoint, bears the prescribed warning
label, has a required service interval of no more than 67 days, and does not
impede the safe operation of the vehicle in which it is installed. To ensure
compliance with NHTSA model specifications, the rules require manufacturers to
submit with their applications the training and operational instructions, technical
specifications and proof of either laboratory testing or another state’s certification
of the device as meeting the NHTSA Model Specifications. The rules require that
manufacturers provide indigent persons with device installation and leasing at
half the regular price.
The rules also require a manufacturer to carry liability insurance in the
specified amount, and to provide the Commission with a certificate of insurance
upon application. Upon the Chief Administrator’s certification of a manufacturer’s
device, the manufacturer is required to post a bond in a specified amount.
23
The rules also require a manufacturer to submit with its application a list of
states that have approved, revoked, suspended, and denied certification of the
device in a program that requires compliance with the NHTSA Model
Specifications, and in the case of a revocation, suspension, or denial, the
reasons and contact information of the state official responsible therefore.
Manufacturers have a continuing obligation upon certification to notify the
Commission in case of a subsequent revocation, suspension, or denial of
certification or approval of a device certified by the Chief Administrator.
The rules also require manufacturers to maintain a network of device
service centers. The manufacturer must submit with its application for
certification a list of the service centers in the network, information relating to the
nature of the proprietorship thereof, and a list of the employees of the centers.
The employees of service centers have to be free from records of certain criminal
offenses that could have the propensity to impair the integrity of, and public
confidence in the program. Manufacturers must provide employees with
appropriate training, and submit the training documentation with their
applications.
The rules require the configuration of service centers to provide a secure
service area, a secure record storage area, a waiting area for customers, and a
training area in which to provide required hands-on training to device users.
Service centers must display certain signage and must be equipped with
appropriate tools, testing equipment, and service manuals. Service centers must
maintain in a secure area all material and supplies relating to BAIID servicing.
24
Service centers must keep as confidential program participants’ personal and
medical information.
Service centers are required to operate during normal business hours, to
maintain a 24-hour emergency response telephone number, and to provide
prompt responses to emergency service requests. Service centers are required
to complete installations within seven days of a request, and to provide device
users in the DWI sentencing program with a certificate of installation.
Service centers are required to provide device users in the sentencing
program with hands-on training, care and maintenance instructions, emergency
procedures, and the emergency response telephone number. In conducting
required service, service centers are required to check for proper device
functioning and operation and for evidence of tampering, and to document in
written and photographic form indicia of tampering and circumvention efforts and
attempts.
Manufacturers are required to report to the Commission annually that the
manufacture of the device has not changed, and to provide a summary of
reported problems with the device, categorized by the nature of the complaint.
Manufacturers and their service centers are required to maintain service records
for each offender for a specified time period after device removal.
Failure of manufacturers to remain in compliance with the application and
post-certification requirements, or inaccurate misrepresentation of the device,
provide grounds for the Chief Administrator’s decertification of the device.
Manufacturers whose devices the Chief Administrator decertifies are required to
25
pay for the removal of devices installed to satisfy sentencing program
requirements, and for the cost of installation of certified devices.
The rules proposed for readoption do not require small businesses to
engage additional professional services for compliance therewith. The records
are of a kind that are maintained in the ordinary course of business. Therefore,
the rules do not impose additional reporting or recordkeeping burdens on small
businesses nor do they necessitate initial capital and annual expenditures for
reporting or recordkeeping compliance by small businesses.
The Commission rules are intended to ensure that persons sentenced to
use the ignition interlock device have a reliable resource to aid them in complying
with their sentences, that indigent persons are not precluded by cost from
participating in the program, and that the devices used are in compliance with the
NHTSA Model Specifications and are consistent in their design and operability.
The DWI sentencing program has as its goal the deterrence of DWI recidivism,
thereby promoting the health and safety of the public. The Commission has
determined that the uniform application of rules to all manufacturers, regardless
of business size, is necessary to ensure that the conduct of manufacturers meets
these reliability, safety, and fairness goals. Therefore, the Commission has
provided no distinction in the rules based on business size.
The remainder of the rules proposed for readoption with amendments
herein have been reviewed with regard to the Regulatory Flexibility Act, N.J.S.A.
52:14B-16 et seq. Those rules impose no recordkeeping or compliance
26
requirements on small businesses; therefore, a regulatory flexibility analysis is
not required. Those rules regulate individual driver licensees.
Smart Growth Impact
It is not anticipated that the rules proposed for readoption with
amendments will have any impact on the achievement of smart growth and the
implementation of the State Development and Redevelopment Plan within the
meaning of Executive Order No. 4 (2002).
Housing Affordability Impact
Housing affordability will not be impacted in any significant way by this
proposed readoption with amendments. The proposed readoption is concerned
with driver management and control including the administrative hearing process
for taking action against errant drivers. It does not impose any requirements on
housing units or affect their affordability.
Smart Growth Development Impact
The proposed readoption with amendments should not have a significant
impact on smart growth development because they do not impose any
requirements on housing units, affordable housing or new construction within
Planning Areas 1 or 2 or within designated centers under the State Development
and Redevelopment Plan.
27
Full text of the proposed readoption may be found in the New Jersey
Administrative Code at N.J.A.C. 13:19-1 through 9 and 11.
Full text of the proposed amendments follows (additions indicated in
boldface thus; deletions indicated in brackets [thus]):
CHAPTER 19. [DRIVER MANAGEMENT BUREAU] COMPLIANCE AND
SAFETY
SUBCHAPTER 1. ADMINISTRATIVE HEARINGS
13:19-1.2 Requests for hearings; disposition of hearing requests
(a) (No change.)
(b) Requests for a hearing shall, except as specified in (c) below and in
N.J.A.C. 13:19-12.2(b), be sent to the following address:
Motor Vehicle Commission
[Driver Management Bureau] Scheduling Unit
PO Box [134] 166
Trenton, New Jersey 08666-[0134] 0166
(c) – (g) (No change.)
13:19-1.5 Adjournments; failure to appear
(a) No prehearing conference shall be adjourned from the scheduled
prehearing conference date except for good cause and upon order of the Chief
Administrator or an employee designated by the Chief Administrator. All
requests for adjournment must be made in writing, with the reasons specified
28
therein, not later than seven days before the date scheduled for the prehearing
conference. All requests shall be sent to the following address:
Motor Vehicle Commission
[Driver Management Bureau] Scheduling Unit
PO Box [134] 166
Trenton, New Jersey 08666-[0134] 0166
[Attention: Prehearing Conference Scheduling
Unit]
(b) (No change.)
(c) (No change.)
(d) (No change.).
SUBCHAPTER 4. CARDIOVASCULAR DISORDERS
13:19-4.4 Findings report
The members of the Cardiovascular Committee will report their findings
and recommendations to the Chief Administrator and the Chief Administrator will
determine whether or not a person may be issued a driver license. If a person
has an existing driver license, the Chief Administrator will determine
whether or not the person can retain his or her driving privilege.
29
SUBCHAPTER 6. INSTALLATION AND USE OF IGNITION INTERLOCK
DEVICES
13:19-6.6 Application for certification of BAIID
(a) (No change.)
(b) The manufacturer shall certify the following as to the BAIID for which
the manufacturer seeks certification:
1. (No change;)
2. (No change;)
3. (No change;)
4. (No change;)
5. (No change;)
6. The manufacturer shall provide BAIIDs to indigents in accordance
with N.J.A.C. [16] 13:19-6.14.
(c) (No change.)
SUBCHAPTER 9. DESIGNATION OF STATE OFFICIAL TO BE NOTIFIED BY
DRIVERS OF COMMERCIAL MOTOR VEHICLES
CONCERNING OUT-OF-STATE MOTOR VEHICLE
CONVICTIONS
13:19-9.1 Designation of State official; notification
30
(a) The Director, [Driver Management/Regulatory Affairs] Compliance
and Safety, is designated as the State official to be notified, pursuant to the
Commercial Motor Vehicle Safety Act of 1986, Pub. L. 99-570, concerning out-of-
State motor vehicle convictions.
(b) A driver of a commercial motor vehicle, as defined in the
Commercial Motor Vehicle Safety Act of 1986, Pub. L. 99-570, shall submit within
30 days of conviction a notice concerning an out-of-State conviction(s) for a
violation(s) of any law relating to motor vehicle traffic control to the following
address:
Director, [Driver Management/Regulatory Affairs] Compliance and
Safety
Motor Vehicle Commission
PO Box 174
Trenton, New Jersey 08666-0174
SUBCHAPTER 10. POINT SYSTEM AND DRIVING DURING SUSPENSION
13:19-10.1 Point assessment
Any person who is convicted of any of the following offenses, including
offenses[,] committed while operating a motorized bicycle, shall be assessed
points for each conviction in accordance with the following schedule:
Section Number Offense Points
1. - 35. (No change.)
36. Driving in an unsafe manner (points 4
only assessed for the third or subsequent
violation[(s)] when that violation occurs
31
within [a] five years [period] of the most
recent prior offense)
37. - 54. (No change.)
SUBCHAPTER 12. MOTOR VEHICLE [INSURANCE] VIOLATIONS
SURCHARGE SYSTEM
13:19-12.1 Failure to pay surcharge; [Insurance] Motor Vehicle Violations
Surcharge System Bill
(a) (No change.)
(b) Surcharge notification shall be in the form of [an] a “[Insurance] Motor
Vehicle Violation Surcharge System Bill.” A person shall have 30
days from the date of surcharge notification to pay the surcharge
before his or her driving privileges are suspended by the Chief
Administrator of the Motor Vehicle Commission.
13:19-12.2 Requests for hearings
(a) (No change.)
(b) All requests for a surcharge hearing shall be sent to the following
address:
State of New Jersey
[Automobile Insurance Surcharge and Collections] Motor Vehicle
Violations Surcharge System
PO Box 136
Trenton, New Jersey 08666-0136
13:19-12.11 Driving while intoxicated surcharges; installments
32
Licensees who are surcharged for driving while intoxicated convictions
may pay the surcharge in [12] up to 36 monthly installments pursuant to a
schedule established by the Chief Administrator of the Motor Vehicle
Commission. Failure to adhere to the payment schedule will result in the
immediate suspension of the licensee’s driving privileges.
13:19-12.12 Certificate of debt; installment payments; failure to pay
installment; suspension of driving privilege
(a) The Chief Administrator may, in his or her discretion, issue a
certificate of debt to the Clerk of the Superior Court in accordance with N.J.S.A.
17:29A-35b(2) identifying a person as indebted to the State of New Jersey under
the [New Jersey Merit Rating Plan] Motor Vehicle Violations Surcharge
System.
(b) – (c) (No change.)
SUBCHAPTER 13. MOTOR VEHICLE [INSURANCE] VIOLATIONS
SURCHARGE SYSTEM; SUPPLEMENTAL SURCHARGES
13:19-13.1 Surcharges for three-year period; convictions; amounts
(a) [Plan] System surcharges shall be levied by the Motor Vehicle
Commission for convictions of violations set forth in (b) below, which
violations occurred on or after March 19, 1984, the effective date of
33
the original regulation. The surcharges shall be annually assessed
for a three-year period.
(b) (No change.)
13:19-13.2 Surcharges for three-year period; administrative violations;
amounts
(a) [Plan] System surcharges shall be levied by the Motor Vehicle
Commission for violations resulting in license suspensions imposed
administratively which are set forth in (b) below and which violations
or suspensions have occurred on or after March 19, 1984, the
effective date of the original regulation. The surcharge shall be
assessed each year for a three-year period and shall be in addition to
the license restoration fee charged pursuant to N.J.S.A. 39:3-10a.
(b) (No change.)

APPENDIX TO THE REGULATIONS REGARDING MOTOR CARRIER SAFETY REGULATIONS

APPENDIX TO THE REGULATIONS REGARDING MOTOR CARRIER SAFETY REGULATIONS


Subject to the provisions of N.J.A.C. 13:60-2.1(c), this Appendix to the Regulations Regarding Motor Carrier Safety Regulations lists the adopted and incorporated, by reference, portions of the Federal Motor Carrier Safety Regulations, by Part, Subpart, Section, or Appendix. Parts, Subparts, Sections, or Appendices are listed by letter or number and by title to identify content for the reader. Modifications, revisions, amendments, and/or delays in implementation are stated within the appropriate Part(s), Subpart(s), Section(s), or Appendices. Omitted sections are identified with the notation "(This Section intentionally omitted.)".

CHAPTER III - FEDERAL HIGHWAY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

SUBCHAPTER B - FEDERAL MOTOR CARRIER SAFETY REGULATIONS

PART 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE
DRUG AND ALCOHOL TESTING PROGRAMS

Subpart A - Subpart A - Administrative Provisions

§ 40.1 Who does this regulation cover?

§ 40.3 What do the terms used in this regulation mean?

§ 40.5 Who issues authoritative interpretations of this regulation?

§ 40.7 How can you get an exemption from a requirement in this regulation?

Subpart B - Employer Responsibilities

§ 40.11 What are the general responsibilities of employers under this regulation?

§ 40.13 How do DOT drug and alcohol tests relate to non-DOT tests?

§ 40.15 May an employer use a service agent to meet DOT drug and alcohol testing requirements?

§ 40.17 Is an employer responsible for obtaining information from its service agents?

§ 40.19 (Reserved)

§ 40.21 May an employer stand down an employee before the MRO has completed the verification process?

§ 40.23 What actions do employers take after receiving verified test results?

§ 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?

§ 40.26 What form must an employer use to report Management Information System (MIS) data to a DOT agency?

§ 40.27 May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?

§ 40.29 Where is other information on employer responsibilities found in this regulation?

Subpart C - Urine Collection Personnel

§ 40.31 Who may collect urine specimens for DOT drug testing?

§ 40.33 What training requirements must a collector meet?

§ 40.35 What information about the DER must employers provide to collectors?

§ 40.37 Where is other information on the role of collectors found in this regulation?

Subpart D - Collection Sites, Forms, Equipment and Supplies Used in DOT Urine Collections

§ 40.41 Where does a urine collection for a DOT drug test take place?

§ 40.43 What steps must operators of collection sites take to protect the security and integrity of urine collections?

§ 40.45 What form is used to document a DOT urine collection?

§ 40.47 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?

§ 40.49 What materials are used to collect urine specimens?

§ 40.51 What materials are used to send urine specimens to the laboratory?

Subpart E - Urine Specimen Collections

§ 40.61 What are the preliminary steps in the collection process?

§ 40.63 What steps does the collector take in the collection process before the employee provides a urine specimen?

§ 40.65 What does the collector check for when the employee presents a specimen?

§ 40.67 When and how is a directly observed collection conducted?

§ 40.69 How is a monitored collection conducted?

§ 40.71 How does the collector prepare the specimens?

§ 40.73 How is the collection process completed?

Subpart F - Drug Testing Laboratories

§ 40.81 What laboratories may be used for DOT drug testing?

§ 40.83 How do laboratories process incoming specimens?

§ 40.85 What drugs do laboratories test for?

§ 40.87 What are the cutoff concentrations for initial and confirmation tests?

§ 40.89 What is validity testing, and are laboratories required to conduct it?

§ 40.91 What validity tests must laboratories conduct on primary specimens?

§ 40.93 What criteria do laboratories use to establish that a specimen is dilute or substituted?

§ 40.95 What criteria do laboratories use to establish that a specimen is adulterated?

§ 40.97 What do laboratories report and how do they report it?

§ 40.99 How long does the laboratory retain specimens after testing?

§ 40.101 What relationship may a laboratory have with an MRO?

§ 40.103 What are the requirements for submitting blind specimens to a laboratory?

§ 40.105 What happens if the laboratory reports a result different from that expected for a blind specimen?

§ 40.107 Who may inspect laboratories?

§ 40.109 What documentation must the laboratory keep, and for how long?

§ 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains?

§ 40.113 Where is other information concerning laboratories found in this regulation?

Subpart G - Medical Review Officers and the Verification Process

§ 40.121 Who is qualified to act as an MRO?

§ 40.123 What are the MRO‘s responsibilities in the DOT drug testing program?

§ 40.125 What relationship may an MRO have with a laboratory?

§ 40.127 What are the MRO‘s functions in reviewing negative test results?

§ 40.129 What are the MROs functions in reviewing laboratory confirmed positive, adulterated, substituted, or invalid drug test results?

§ 40.131 How does the MRO or DER notify an employee of the verification process after a confirmed positive, adulterated, substituted, or invalid test result?

§ 40.133 Under what circumstances may the MRO verify a test as positive, or as a refusal to test because of adulteration or substitution, without interviewing the employee?

§ 40.135 What does the MRO tell the employee at the beginning of the verification interview?

§ 40.137 On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, or PCP?

§ 40.139 On what basis does the MRO verify test results involving opiates?

§ 40.141 How does the MRO obtain information for the verification decision?

§ 40.143 (Reserved)

§ 40.145 On what basis does the MRO verify test results involving adulteration or substitution?

§ 40.147 (Reserved)

§ 40.149 May the MRO change a verified positive drug test result or refusal to test?

§ 40.151 What are MROs prohibited from doing as part of the verification process?

§ 40.153 How does the MRO notify employees of their right to a test of the split specimen?

§ 40.155 What does the MRO do when a negative or positive test result is also dilute?

§ 40.157 (Reserved)

§ 40.159 What does the MRO do when a drug test result is invalid?

§ 40.161 What does the MRO do when a drug test specimen is rejected for testing?

§ 40.163 How does the MRO report drug test results?

§ 40.165 To whom does the MRO transmit reports of drug test results?

§ 40.167 How are MRO reports of drug results transmitted to the employer?

§ 40.169 Where is other information concerning the role of MROs and the verification process found in this regulation?

Subpart H - Split Specimen Tests

§ 40.171 How does an employee request a test of a split specimen?

§ 40.173 Who is responsible for paying for the test of a split specimen?

§ 40.175 What steps does the first laboratory take with a split specimen?

§ 40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?

§ 40.179 What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result?

§ 40.181 What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result?

§ 40.183 What information do laboratories report to MROs regarding split specimen results?

§ 40.185 Through what methods and to whom must a laboratory report split specimen results?

§ 40.187 What does the MRO do with split specimen laboratory results?

§ 40.189 Where is other information concerning split specimens found in this regulation?

Subpart I - Problems in Drug Tests

§ 40.191 What is a refusal to take a DOT drug test, and what are the consequences?

§ 40.193 What happens when an employee does not provide a sufficient amount of urine for a drug test?

§ 40.195 What happens when an individual is unable to provide a sufficient amount of urine for a pre-employment follow-up or return-to-duty test because of a permanent or long-term medical condition?

§ 40.197 What happens when an employer receives a report of a dilute specimen?

§ 40.199 What problems always cause a drug test to be cancelled?

§ 40.201 What problems always cause a drug test to be cancelled and may result in a requirement for another collection?

§ 40.203 What problems cause a drug test to be cancelled unless they are corrected?

§ 40.205 How are drug test problems corrected?

§ 40.207 What is the effect of a cancelled drug test?

§ 40.208 What problem requires corrective action but does not result in the cancellation of a test?

§ 40.209 What procedural problems do not result in the cancellation of a test and do not require corrective action?

Subpart J - Alcohol Testing Personnel

§ 40.211 Who conducts DOT alcohol tests?

§ 40.213 What training requirements must STTs and BATs meet?

§ 40.215 What information about the DER do employers have to provide to BATs and STTs?

§ 40.217 Where is other information on the role of STTs and BATs found in this regulation?

Subpart K - Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing

§ 40.221 Where does an alcohol test take place?

§ 40.223 What steps must be taken to protect the security of alcohol testing sites?

§ 40.225 What form is used for an alcohol test?

§ 40.227 May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?

§ 40.229 What devices are used to conduct alcohol screening tests?

§ 40.231 What devices are used to conduct alcohol confirmation tests?

§ 40.233 What are the requirements for proper use and care of EBTs?

§ 40.235 What are the requirements for proper use and care of ASDs?

Subpart L - Alcohol Screening Tests

§ 40.241 What are the first steps in any alcohol screening test?

§ 40.243 What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD?

§ 40.245 What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD?

§ 40.247 What procedures does the BAT or STT follow after a screening test result?

Subpart M - Alcohol Confirmation Tests

§ 40.251 What are the first steps in an alcohol confirmation test?

§ 40.253 What are the procedures for conducting an alcohol confirmation test?

§ 40.255 What happens next after the alcohol confirmation test result?

Subpart N - Problems in Alcohol Testing

§ 40.261 What is a refusal to take an alcohol test and what are the consequences?

§ 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?

§ 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?

§ 40.267 What problems always cause an alcohol test to be cancelled?

§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected?

§ 40.271 How are alcohol testing problems corrected?

§ 40.273 What is the effect of a cancelled alcohol test?

§ 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test?

§ 40.277 Are alcohol tests other than saliva or breath permitted under these regulations?

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.281 Who is qualified to act as a SAP?

§ 40.283 How does a certification organization obtain recognition for its members as SAPs?

§ 40.285 When is a SAP evaluation required?

§ 40.287 What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation?

§ 40.289 Are employers required to provide SAP and treatment services to employees?

§ 40.291 What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?

§ 40.293 What is the SAP‘s function in conducting the initial evaluation of an employee?

§ 40.295 May employees or employers seek a second SAP evaluation if they disagree with the first SAP‘s recommendations?

§ 40.297 Does anyone have the authority to change a SAP‘s initial evaluation?

§ 40.299 What is the SAP‘s role and what are the limits on a SAP‘s discretion in referring employees for education and treatment?

§ 40.301 What is the SAP‘s function in the follow-up evaluation of an employee?

§ 40.303 What happens if the SAP believes the employee needs additional treatment, aftercare, or support group services even after the employee returns to safety-sensitive duties?

§ 40.305 How does the return-to-duty process conclude?

§ 40.307 What is the SAP‘s function in prescribing the employee‘s follow-up tests?

§ 40.309 What are the employer‘s responsibilities with respect to the SAP‘s directions for follow-up tests?

§ 40.311 What are the requirements concerning SAP reports?

§ 40.313 Where is other information on SAP functions and the return-to-duty process found in this regulation?

Subpart P - Confidentiality and Release of Information

§ 40.321 What is the general confidentiality rule for drug and alcohol test information?

§ 40.323 May program participants release drug or alcohol test information in connection with legal proceedings?

§ 40.325 (Reserved)

§ 40.327 When must the MRO report medical information gathered in the verification process?

§ 40.329 What information must laboratories, MROs, and other service agents release to employees?

§ 40.331 To what additional parties must employers and service agents release information?

§ 40.333 What records must employers keep?

Subpart Q - Roles and Responsibilities of Service Agents

§ 40.341 Must service agents comply with DOT drug and alcohol testing requirements?

§ 40.343 What tasks may a service agent perform for an employer?

§ 40.345 In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?

§ 40.347 What functions may C/TPAs perform with respect to administering testing?

§ 40.349 What records may a service agent receive and maintain?

§ 40.351 What confidentiality requirements apply to service agents?

§ 40.353 What principles govern the interaction between MROs and other service agents?

§ 40.355 What limitations apply to the activities of service agents?

Subpart R - Public Interest Exclusions

§ 40.361 What is the purpose of a public interest exclusion (PIE)?

§ 40.363 On what basis may the Department issue a PIE?

§ 40.365 What is the Department‘s policy concerning starting a PIE proceeding?

§ 40.367 Who initiates a PIE proceeding?

§ 40.369 What is the discretion of an initiating official in starting a PIE proceeding?

§ 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding?

§ 40.373 Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?

§ 40.375 How does the initiating official start a PIE proceeding?

§ 40.377 Who decides whether to issue a PIE?

§ 40.379 How do you contest the issuance of a PIE?

§ 40.381 What information do you present to contest the proposed issuance of a PIE?

§ 40.383 What procedures apply if you contest the issuance of a PIE?

§ 40.385 Who bears the burden of proof in a PIE proceeding?

§ 40.387 What matters does the Director decide concerning a proposed PIE?

§ 40.389 What factors may the Director consider?

§ 40.391 What is the scope of a PIE?

§ 40.393 How long does a PIE stay in effect?

§ 40.395 Can you settle a PIE proceeding?

§ 40.397 When does the Director make a PIE decision?

§ 40.399 How does the Department notify service agents of its decision?

§ 40.401 How does the Department notify employers and the public about a PIE?

§ 40.403 Must a service agent notify its clients when the Department issues a PIE?

§ 40.405 May the Federal courts review PIE decisions?

§ 40.407 May a service agent ask to have a PIE reduced or terminated?

§ 40.409 What does the issuance of a PIE mean to transportation employers?

§ 40.411 What is the role of the DOT Inspector General‘s office?

§ 40.413 How are notices sent to service agents?

Appendix A to Part 40—DOT Standards for Urine Collection Kits

Appendix B to Part 40—DOT Drug Testing Semi-Annual Laboratory Report

Appendix C to Part 40 (Reserved)

Appendix D to Part 40—Report Format: Split Specimen Failure to Reconfirm

Appendix E to Part 40—SAP Equivalency Requirements for Certification Organizations

Appendix F to Part 40—Drug and Alcohol Testing Information that C/TPAs May Transmit to Employers

Appendix G to Part 40—Alcohol Testing Form

Appendix H to Part 40—DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form

PART 325 - COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS

Subpart A - General Provisions

325.1 - Scope of the rules in this part.

325.3 - Effective date.

325.5 - Definitions.

325.7 - Allowable noise levels.

325.9 - Measurement tolerances.

Subpart B - Administrative Provisions

325.11 - Issuance, amendment, and revocation of the rules in this part.

325.13 - Inspection and examination of motor vehicles.

Subpart C - Instrumentation

325.21 - Scope of the rules in this subpart.

325.23 - Type of measurement systems which may be used.

325.25 - Calibration of measurement systems.

325.27 - Use of a windscreen.

Subpart D - Measurement of Noise Emissions: Highway Operations

325.31 - Scope of the rules in this subpart.

325.33 - Site characteristics; highway operations.

325.35 - Ambient conditions; highway operations.

325.37 - Location and operation of sound level measurement system; highway operations.

325.39 - Measurement procedure: highway operations.

Subpart E - Measurement of Noise Emissions: Stationary Test

325.51 - Scope of the rules in this subpart.

325.53 - Site characteristics: stationary test.

325.55 - Ambient conditions: stationary test.

325.57 - Location and operation of sound level measurement systems: stationary test.

325.59 - Measurement procedure: stationary test.

Subpart F - Correction Factors

325.71 - Scope of the rules in this subpart.

325.73 - Microphone distance correction factors.

325.75 - Ground surface correction factors.

325.77 - Computation of open site requirements—nonstandard sites.

325.79 - Application of correction factors.

325.91 - Exhaust systems.

325.93 - Tires.

PART 350 - COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

Subpart A - General

350.101 - What is the Motor Carrier Safety Assistance Program (MCSAP)?

350.103 - What is the purpose of this part?

350.105 - What definitions are used in this part?P funding?

350.109 - What are the national program elements?

350.111 - What constitutes “traffic enforcement” for the purpose of the MCSAP?

Subpart B - Requirements for Participation

350.201 - What conditions must a State meet to qualify for Basic Program Funds?

350.205 - How and when does a State apply for MCSAP funding?

350.207 - What response does a State receive to its CVSP submission?

350.209 - How does a State demonstrate that it satisfies the conditions for Basic Program funding?

350.211 - What is the format of the certification required by Sec. 350.209?

350.213 - What must a State CVSP include?

350.215 - What are the consequences for a State that fails to perform according to an approved CVSP or otherwise fails to meet the conditions of this part?

350.217 - What are the consequences for a State with a CDL program not in substantial compliance with 49 CFR part 384, subpart B?

Subpart C - Funding

350.301 - What level of effort must a State maintain to qualify for MCSAP funding?

350.303 - What are the State and Federal shares of expenses incurred under an approved CVSP?

350.305 - Are U.S. Territories subject to the matching funds requirement?

350.307 - How long are MCSAP funds available to a State?

350.309 - What activities are eligible for reimbursement under the MCSAP?

350.311 - What specific items are eligible for reimbursement under the MCSAP?

350.313 - How are MCSAP funds allocated?

350.315 - How may Basic Program Funds be used?

350.317 - What are Incentive Funds and how may they be used?

350.319 - What are permissible uses of High Priority Activity Funds?

350.321 - What are permissible uses of Border Activity Funds?

350.323 - What criteria are used in the Basic Program Funds allocation?

350.327 - How may States qualify for Incentive Funds?

350.329 - How may a State or a local agency qualify for High Priority or Border Activity Funds?

350.331 - How does a State ensure its laws and regulations are compatible with the FMCSRs and HMRs?

350.333 - What are the guidelines for the compatibility review? or regulations incompatible with the Federal regulations?

350.337 - How may State laws and regulations governing motor carriers, CMV drivers, and CMVs in interstate commerce differ from the FMCSRs and still be considered compatible?

350.339 - What are tolerance guidelines?

350.341 - What specific variances from the FMCSRs are allowed for State laws and regulations governing motor carriers, CMV drivers, and CMVs engaged in?

350.343 - How may a State obtain a new exemption for State laws and regulations for a specific industry involved in intrastate commerce?

350.345 - How does a State apply for additional variances from the FMCSRs?

PART 355 - COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS

355.1 - Purpose.

355.3 - Applicability.

355.5 - Definitions.

355.21 - Regulatory review.

355.23 - Submission of results.

355.25 - Adopting and enforcing compatible laws and regulations.

PART 380 - SPECIAL TRAINING REQUIREMENTS

Subpart A - Longer Combination Vehicle (LCV) Driver-Training and Driver-Instructor Requirements-General

380.101 - Purpose and scope.

380.103 - Applicability.

380.105 - Definitions.

380.107 - General requirements.

380.109 - Driver testing.

380.111 - Substitute for driver training.

380.113 - Employer responsibilities.

Subpart B - LCV Driver-Training Program

380.201 - General requirements.

380.203 - LCV Doubles.

380.205 - LCV Triples.

Subpart C - LCV Driver-Instructor Requirements

380.301 - General requirements.

380.303 - Substitute for instructor requirements.

380.305 - Employer responsibilities.

Subpart D - Driver-Training Certification

380.401 - Certification document.

Subpart E - Entry-Level Driver Training Requirements

380.500 - Compliance date for training requirements for entry-level drivers.

380.501 - Applicability.

380.502 - Definitions.

380.503 - Entry-level driver training requirements.

380.505 - Proof of training.

380.507 - Driver responsibilities.

380.509 - Employer responsibilities.

380.511 - Employer recordkeeping responsibilities.

380.513 - Required information on the training certificate.

Appendix to Part 380 - LCV Driver Training Programs, Required Knowledge and Skills

PART 382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

Subpart A - General

382.101 - Purpose.

382.103 - Applicability.

382.105 - Testing procedures.

382.107 - Definitions.

382.109 - Preemption of State and local laws.

382.111 - Other requirements imposed by employers.

382.113 - Requirement for notice.

382.115 - Starting date for testing programs.

382.117 - Public interest exclusion.

382.119 - Stand-down waiver provision.

382.121 - Employee admission of alcohol and controlled substances use.

Subpart B - Prohibitions

382.201 - Alcohol concentration.

382.205 - On-duty use.

382.207 - Pre-duty use.

382.209 - Use following an accident.

382.211 - Refusal to submit to a required alcohol or controlled substances test.

382.213 - Controlled substances use.

382.215 - Controlled substances testing.

Subpart C - Tests Required

382.301 - Pre-employment testing.

382.303 - Post-accident testing.

382.305 - Random testing.

382.307 - Reasonable suspicion testing.

382.309 - Return-to-duty testing.

382.311 - Follow-up testing.

Subpart D - Handling Of Test Results, Record Retention, and Confidentiality

382.401 - Retention of records.

382.403 - Reporting of results in a management information system.

382.405 - Access to facilities and records.

382.407 - Medical review officer notifications to the employer.

382.409 - Medical review officer record retention for controlled substances.

382.411 - Employer notifications.

382.413 - Inquiries for alcohol and controlled substances information from previous employers.

Subpart E - Consequences For Drivers Engaging In Substance Use-Related Conduct

382.501 - Removal from safety-sensitive function.

382.503 - Required evaluation and testing./font>

382.505 - Other alcohol-related conduct.

382.507 - Penalties.

Subpart F - Alcohol Misuse and Controlled Substances Use Information, Training, and Referral

382.601 - Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.

382.603 - Training for supervisors.

382.605 - Referral, evaluation, and treatment.

PART 383 - COMMERCIAL DRIVER‘S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES

Subpart A - General

383.1 - Purpose and scope.

383.3 - Applicability.

383.5 - Definitions.

383.7 - Validity of CDL issued by decertified State.

Subpart B - Single License Requirement

383.21 - Number of drivers’ licenses.

383.23 - Commercial driver‘s license.

Subpart C - Notification Requirements and Employer Responsibilities

383.31 - Notification of convictions for driver violations.

383.33 - Notification of driver‘s license suspensions.

383.35 - Notification of previous employment.

383.37 - Employer responsibilities.

Subpart D - Driver Disqualifications and Penalties

383.51 - Disqualification of drivers.

383.52 - Disqualification of drivers determined to constitute an imminent hazard.

383.53 - Penalties.

Subpart E - Testing and Licensing Procedures

383.71 - Driver application procedures.

383.72 - Implied consent to alcohol testing.

383.73 - State procedures.

383.75 - Third party testing.

383.77 - Substitute for driving skills tests.

Subpart F - Vehicle Groups and Endorsements

383.91 - Commercial motor vehicle groups.

383.93 - Endorsements.

383.95 - Air brake restrictions.

Subpart G - Required Knowledge and Skills

383.110 - General requirement.

383.111 - Required knowledge.

383.113 - Required skills.

383.115 - Requirements for double/triple trailers endorsement.

383.117 - Requirements for passenger endorsement.

383.119 - Requirements for tank vehicle endorsement.

383.121 - Requirements for hazardous materials endorsement.

383.123 - Requirements for a school bus endorsement.

Appendix - Required Knowledge and Skills — Sample Guidelines

Subpart H - Tests

383.131 - Test procedures.

383.133 - Testing methods.

383.135 - Minimum passing scores.

383.141 - General.

Subpart J - Commercial Driver‘s License Document

383.151 - General.

383.153 - Information on the document and application.

383.155 - Tamper proofing requirements.

PART 384 - STATE COMPLIANCE WITH COMMERCIAL DRIVER‘S LICENSE PROGRAM

Subpart A - General

384.101 - Purpose and scope.

384.103 - Applicability.

384.105 - Definitions.

384.107 - Matter incorporated by reference.

Subpart B - Minimum Standards for Substantial Compliance by States

384.201 - Testing program.

384.202 - Test standards.

384.203 - Driving while under the influence.

384.204 - CDL issuance and information.

384.205 - CDLIS information.

384.206 - State record checks.

384.207 - Notification of licensing.

384.208 - Notification of disqualification.

384.209 - Notification of traffic violations.

384.210 - Limitation on licensing.

384.211 - Return of old licenses.

384.212 - Domicile requirement.

384.213 - State penalties for drivers of CMVs.

384.214 - Reciprocity.

384.215 - First offenses.

384.216 - Second offenses.

384.217 - Drug offenses.

384.218 - Second serious traffic violation.

384.219 - Third serious traffic violation.

384.220 - National Driver Register information.

384.221 - Out-of-service regulations (intoxicating beverage).

384.222 - Violation of out-of-service orders.

384.223 - Railroad-highway grade crossing violation.

384.224 - Noncommercial motor vehicle violations.

384.225 - Record of violations.

384.226 - Prohibition on masking convictions.

384.231 - Satisfaction of State disqualification requirement.

384.232 - Required timing of record checks.

384.233 - Background records checks.

Subpart C - Procedures for Determining State Compliance

384.301 - Substantial compliance-general requirements.

384.305 - State certifications for Federal fiscal years after FY 1994.

384.307 - FMCSA program reviews of State compliance.

384.309 - Results of compliance determination.

Subpart D - Consequences of State Noncompliance

384.401 - Withholding of funds based on noncompliance.

384.403 - Availability of funds withheld for noncompliance.

384.405 - Decertification of State CDL program.

384.407 - Emergency CDL grants.

PART 385 - SAFETY FITNESS PROCEDURES

Subpart A - General

385.1 - Purpose and scope.

385.3 - Definitions.

385.5 - Safety fitness standard.

385.7 - Factors to be considered in determining a safety rating.

385.9 - Determination of a safety rating.

385.11 - Notification of safety fitness determination.

385.13 - Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts.

385.14 - Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation.

385.15 - Administrative review.

385.17 - Change to safety rating based upon corrective actions.

385.19 - Safety fitness information.

Subpart B - Safety Monitoring System for Mexico-Domiciled Carriers

385.101 - Definitions

385.103 - Safety monitoring system.

385.105 - Expedited action.

385.107 - The safety audit.

385.109 - The compliance review.

385.111 - Suspension and revocation of Mexico-domiciled carrier registration.

385.113 - Administrative review.

385.115 - Reapplying for provisional registration.

385.117 - Duration of safety monitoring system.

385.119 - Applicability of safety fitness and enforcement procedures.

Subpart C - Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

385.201 - Who is qua1ified to perform a review of a motor carrier?

385.203 - What are the requirements to obtain and maintain certification?

385.205 - How can a person who has lost his or her certification be re-certified?

Subpart D - New Entrant Safety Assurance Program

385.301 - What is a motor carrier required to do before beginning interstate operations?

385.303 - How does a motor carrier register with the FMCSA?

385.305 - What happens after the FMCSA receives a request for new entrant registration?

385.307 - What happens after a motor carrier begins operations as a new entrant?

385.309 - What is the purpose of the safety audit?

385.311 - What will the safety audit consist of?

385.313 - Who will conduct the safety audit?

385.315 - Where will the safety audit be conducted?

385.317 - Will a safety audit result in a safety fitness determination by the FMCSA?

385.319 - What happens after the completion of the safety audit?

385.321 - What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its DOT new entrant registration will be revoked?

385.323 - May the FMCSA extend the period under 385.319(c) for a new entrant to take corrective action to remedy its safety management practices?

385.325 - What happens after a new entrant has been notified under 385.319(c) to take corrective action to remedy its safety management practices?

385.327 - What happens when a new entrant receives a notice under 385.319(c) that its new entrant registration will be revoked and it believes the FMCSA made an error in its determination?

385.329 - May a new entrant that has had its U.S. DOT registration revoked and its operations placed out of service (OOS) reapply?

385.331 - What happens if a new entrant operates a CMV after having been issued an order placing its interstate operations out of service (OOS)?

385.333 - What happens at the end of the 18-month safety monitoring period?

385.335 - If the FMCSA conducts a compliance review on a new entrant, will the new entrant also be subject to a safety audit?

385.337 - What happens if a new entrant refuses to permit a safety audit to be performed on its operations?

Subpart E - Hazardous Materials Safety Permits

385.401 - What is the purpose and scope of this subpart?

385.402 - What definitions are used in this subpart?

385.403 - Who must hold a safety permit?

385.405 - How does a motor carrier apply for a safety permit?

385.407 - What conditions must a motor carrier satisfy for FMCSA to issue a safety permit?

385.409 - When may a temporary safety permit be issued to a motor carrier?

385.411 - Must a motor carrier obtain a safety permit if it has a State permit?

385.413 - What happens if a motor carrier receives a proposed safety rating that is less than Satisfactory?

385.415 - What operational requirements apply to the transportation of a hazardous material for which a permit is required?

385.417 - Is a motor carrier‘s safety permit number available to others?

385.419 - How long is a safety permit effective?

385.421 - Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA?

385.423 - Does a motor carrier have a right to an administrative review of a denial, suspension, or revocation of a safety permit?

Appendix A - Explanation of Safety Audit Evaluation Criteria

Appendix B - Explanation of Safety Rating Process

PART 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS

Subpart A - Motor Carriers of Property

387.1 - Purpose and scope.

387.3 - Applicability.

387.5 - Definitions.

387.7 - Financial responsibility required.

387.9 - Financial responsibility, minimum levels.

387.11 - State authority and designation of agent.

387.13 - Fiduciaries.

387.15 - Forms.

387.17 - Violation and penalty.

Subpart B - Motor Carriers of Passengers

387.25 - Purpose and scope.

387.27 - Applicability.

387.29 - Definitions.

387.31 - Financial responsibility required.

387.33 - Financial responsibility, minimum levels.

387.35 - State authority and designation of agent.

387.37 - Fiduciaries.

387.39 - Forms.

387.41 - Violation and penalty.

Subpart C - Surety Bonds and Policies of Insurance for Motor Carriers and Property Brokers

387.301 - Surety bond, certificate of insurance, or other securities.

387.303 - Security for the protection of the public: Minimum limits.

387.305 - Combination vehicles.

387.307 - Property broker surety bond or trust fund.

387.309 - Qualifications as a self-insurer and other securities or agreements.

387.311 - Bonds and certificates of insurance.

387.313 - Forms and procedures.

387.315 - Insurance and surety companies.

387.317 - Refusal to accept, or revocation by the FMCSA of surety bonds, etc.

387.319 - Fiduciaries.

387.321 - Operations in foreign commerce.

387.323 - Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations.

Subpart D - Surety Bonds and Policies of Insurance for Freight Forwarders

387.401 - Definitions.

387.403 - General requirements.

387.405 - Limits of liability.

387.407 - Surety bonds and certificates of insurance.

387.409 - Insurance and surety companies.

387.411 - Qualifications as a self-insurer and other securities or agreements.

387.413 - Forms and procedure.

387.415 - Acceptance and revocation by the FMCSA.

387.417 - Fiduciaries.

387.419 - Electronic filing of surety bonds, certificates of insurance and cancellations.

PART 388 - COOPERATIVE AGREEMENTS WITH STATES

388.1 - Eligibility.

388.2 - Extent of acceptance.

388.3 - Cancellation.

388.4 - Exchange of information.

388.5 - Requests for assistance.

388.6 - Joint investigation, inspection, or examination.

388.7 - Joint administrative activities related to enforcement of safety and hazardous materials laws and regulations.

388.8 - Supplemental agreements.

PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS: GENERAL

Subpart A—General Applicability and Definitions
Section 390.1 Purpose.
Section 390.3 General Applicability.
Section 390.5 Definitions.

(Section 390.5 is revised to state the following:)

“Commercial Motor Vehicle——Intrastate Commerce” means a motor vehicle or combination of motor vehicles used or designed to transport passengers or property in intrastate commerce:

(a) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or displays a gross vehicle weight rating of 26,001 or more pounds;

(b) If the vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

(c) If the vehicle is designed to transport 16 or more passengers including the driver;

(d) If the vehicle is designed to transport 8 or more but less than 16 persons, including the driver, and is used to transport such persons for hire on a daily basis to and from places of employment; or

(e) If the vehicle is transporting or used in the transportation of hazardous material(s) and is required to be placarded in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or the vehicle displays a hazardous material(s) placard.

Section 390.7 Rules of Construction.

Subpart B—General Requirements and Information
Section 390.9 State and local laws, effect on.
Section 390.11 Motor carrier to require observance of driver
regulations.
Section 390.13 Aiding or abetting violations.
Section 390.15 Assistance in investigations and special studies.
Section 390.16 (Reserved)
Section 390.17 Additional equipment and accessories.
Section 390.19 Motor carrier identification report.
Section 390.21 Marking of CMVs.

(Section 390.21 is modified to state the following:)

A commercial motor vehicle operated in intrastate commerce shall be subject to the provisions of N.J.S.A. 39:4-46.

Section 390.23 Relief from regulations.

(Section 390.23 is modified to state the following:)

The following commercial motor vehicles, operating in intrastate commerce, are exempt from the requirements of this subchapter when any emergency occurs that affects the citizens of New Jersey:

(a) Commercial motor vehicles which are owned, operated, or leased by a public or quasi-public or private entity in this State, said entity being subject to the jurisdiction of the Board of Regulatory Commissioners; or

(b) Commercial motor vehicles which are owned, operated or leased by a public, quasi-public or private entity in this State and which are or will be operated under a contract to the State of New Jersey or a governmental or quasi-governmental entity thereof.

Such emergencies include, but are not limited to, weather and other acts of nature (e.g., snow, flooding, earthquake, power/telephone outages, disruptions to power or telephone transmission lines or facilities, supply lines or facilities for steam, water, or gas) and other emergencies (e.g., motor vehicle accidents, industrial accidents, fires, etc.)

Section 390.25 Extension of relief from regulations—emergencies.
Section 390.27 Locations of motor carrier safety service centers.
Section 390.29 Location of records or documents.
Section 390.31 Copies of records or documents.
Section 390.33 Commercial motor vehicles used for purposes other
than defined.
Section 390.35 Certificates, reports, and records: falsification,
reproduction, or alteration.
Section 390.37 Violation and penalty.
Subpart C (Removed and Reserved)

PART 391—QUALIFICATIONS OF DRIVERS

Subpart A—General
Section 391.1 Scope of the rules in this part; additional
qualifications; duties of carrier-drivers.
Section 391.2 General exemptions.

Subpart B—Qualifications and Disqualifications of Drivers

Section 391.11 General qualifications of drivers.

(Section 391.11 is modified to state the following:)

The provisions of Section 391.11(b)(1) do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) and is at least 18 years old, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.) or operate a vehicle displaying a hazardous material(s) placard.

Section 391.13 Responsibilities of drivers.
Section 391.15 Disqualification of drivers.

Subpart C—Background and Character

Section 391.21 Application for employment.

(Section 391.21 is modified to state the following:)

The provisions of Section 391.21 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.

Section 391.23 Investigation and inquiries.

(Section 391.23 is modified to state the following:)

The provisions of Section 391.23 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.

Section 391.25 Annual inquiry and review of driving record.
Section 391.27 Record of violations.

Subpart D—Examinations and Tests

Section 391.31 Road test.

(Section 391.31 is modified to state the following:)

The provisions of Section 391.31 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.

Section 391.33 Equivalent of road test.
Section 391.35 (Removed and Reserved)
Section 391.37 (Removed and Reserved)

Subpart E—Physical Qualifications and Examinations
Section 391.41 Physical qualifications for drivers.

(Section 391.41 is modified to state the following:)

A driver engaged in intrastate commerce, who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, but who is not physically qualified to drive under Section 391.41(b) of this Subchapter may continue to drive a motor vehicle, unless the driver is transporting hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or is operating a vehicle displaying a hazardous material(s) placard.

Section 391.43 Medical examination; certificate of physical
examination.
Section 391.45 Persons who must be medically examined and
certified.
Section 391.47 Resolution of conflicts of medical evaluation.
Section 391.49 Alternative physical qualification standards for
the loss or impairment of limbs.

(Section 391.49 is revised to state the following:)

(a) A person who is not physically qualified to drive under Section 391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive a motor vehicle, if that person has been granted a waiver pursuant to this section, ( 49 C.F.R. § 391.49).

Subpart F—Files and Records
Section 391.51 General requirements for driver qualification files.

Subpart G—Limited Exemptions
Section 391.61 Drivers who were regularly employed before January
1, 1971.

(Section 391.61 is modified to state the following:)

The provisions of Section 391.61 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.

Section 391.62 Limited exemptions for intra-city zone drivers.
Section 391.63 Multiple-employer drivers.
Section 391.64 Grandfathering for certain drivers participating
in vision and diabetes waiver study programs.
Section 391.65 Drivers furnished by other motor carriers.
Section 391.67 Farm vehicle drivers of articulated commercial
motor vehicles.
Section 391.68 Private motor carrier of passengers (nonbusiness).
Section 391.69 Private motor carrier of passengers (business).
Section 391.71 (Removed and Reserved)
Section 391.73 (Removed and Reserved)
Section 391.125 (Removed and Reserved)

PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES
Subpart A—General
Section 392.1 Scope of the rules in this part.
Section 392.2 Applicable operating rules.
Section 392.3 Ill or fatigued operator.
Section 392.4 Drugs and other substances.
Section 392.5 Alcohol prohibition.
Section 392.6 Schedules to conform with speed limits.
Section 392.7 Equipment, inspection and use.
Section 392.8 Emergency equipment, inspection and use.
Section 392.9 Safe loading.
Section 392.9a Operating Authority
Section 392.9b (Removed and Reserved).

Subpart B—Driving of Commercial Motor Vehicles
Section 392.10 Railroad grade crossings; stopping required.
Section 392.11 Railroad grade crossings; slowing down required.
Section 392.12 (Removed and Reserved)
Section 392.13 (Removed and Reserved)
Section 392.14 Hazardous conditions; extreme caution.
Section 392.15 (Removed and Reserved)
Section 392.16 Use of seat belts.
Section 392.18 (Removed and Reserved)

Subpart C—Stopped Commercial Motor Vehicles
Section 392.20 (Removed and Reserved)
Section 392.21 (Removed and Reserved)
Section 392.22 Emergency signals; stopped commercial motor
vehicles.
Section 392.24 Emergency signals; flame-producing.
Section 392.25 Flame producing devices.

Subpart D—Use of Lighted Lamps and Reflectors
Section 392.30 (Removed and Reserved)
Section 392.31 (Removed and Reserved)
Section 392.32 (Removed and Reserved)
Section 392.33 Obscured lamps or reflectors.

Subpart E—License Revocation; Duties of Driver
Section 392.40 (Removed and Reserved)
Section 392.41 (Removed and Reserved)
Section 392.42 (Removed and Reserved)

Subpart F—Fueling Precautions
Section 392.50 Ignition of fuel; prevention.
Section 392.51 Reserve fuel; materials of trade.
Section 392.52 (Removed and Reserved)

Subpart G—Prohibited Practices
Section 392.60 Unauthorized persons not to be transported.
Section 392.61 (Removed and Reserved)
Section 392.62 Safe operation, buses.
Section 392.63 Towing or pushing loaded buses.
Section 392.64 Riding within closed commercial motor vehicles
without proper exits.
Section 392.65 (Removed and Reserved)
Section 392.66 Carbon monoxide; use of commercial motor vehicle
when detected.
Section 392.67 Heater, flame-producing; on commercial motor
vehicle in motion.
Section 392.68 (Removed and Reserved)
Section 392.69 (Removed and Reserved)
Section 392.71 Radar detectors; use and/or possession.

PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
Subpart A—General
Section 393.1 Scope of the rules of this part.
Section 393.3 Additional equipment and accessories.
Section 393.5 Definitions.
Section 393.7 Matter incorporated by reference.

Subpart B—Lighting Devices, Reflectors, and Electrical Equipment
Section 393.9 Lamps operable.
Section 393.11 Lighting devices and reflectors.
Section 393.13 Retroreflective sheeting and reflex reflectors,
requirements for semitrailers and trailers
manufactured before December 1, 1993.
Section 393.17 Lamps and reflectors-combinations in
driveaway-towaway operation.
Section 393.19 Requirements for turn signaling systems.
Section 393.20 Clearance lamps to indicate extreme width and
height.
Section 393.22 Combination of lighting devices and reflectors.
Section 393.23 Lighting devices to be electric.
Section 393.24 Requirements for headlamps and auxiliary road
lighting lamps.
Section 393.25 Requirements for lamps other than headlamps.
Section 393.26 Requirements for reflectors.
Section 393.27 (Removed and Reserved)
Section 393.28 Wiring Systems.
Section 393.29 (Removed and Reserved)
Section 393.30 Battery installation.
Section 393.31 (Removed and Reserved)
Section 393.32 (Removed and Reserved)
Section 393.33 (Removed and Reserved)

Subpart C—Brakes
Section 393.40 Required brake systems.
Section 393.41 Parking brake system.
Section 393.42 Brakes required on all wheels.
Section 393.43 Breakaway and emergency braking.
Section 393.44 Front brake lines, protection.
Section 393.45 Brake tubing and hose, adequacy.
Section 393.46 (Removed and Reserved)
Section 393.47 Brake actuators, slack adjusters, linings/pads and
drum rotors.
Section 393.48 Brakes to be operative.
Section 393.49 Single valve to operate all brakes.
Section 393.50 Reservoirs required.
Section 393.51 Warning devices and gauges.
Section 393.52 Brake performance.
Section 393.53 Automatic brake adjusters and brake adjustment
indicators.
Section 393.55 Antilock brake systems.

Subpart D—Glazing and Window Construction
Section 393.60 Glazing in specified openings.
Section 393.61 Window construction.
Section 393.62 Window obstructions.
Section 393.63 Windows, markings.

Subpart E—Fuel Systems
Section 393.65 All fuel systems.
Section 393.67 Liquid fuel tanks.
Section 393.68 Compressed natural gas fuel containers.
Section 393.69 Liquefied petroleum gas systems.

Subpart F—Coupling Devices and Towing Methods
Section 393.70 Coupling devices and towing methods, except for
driveaway-towaway operations.
Section 393.71 Coupling devices and towing methods,
driveaway-towaway operations.

Subpart G—Miscellaneous Parts and Accessories
Section 393.75 Tires.
Section 393.76 Sleeper berths.
Section 393.77 Heaters.
Section 393.78 Windshield wipers.
Section 393.79 Defrosting device.
Section 393.80 Rear-vision mirrors.
Section 393.81 Horn. (This Section intentionally omitted.)
Section 393.82 Speedometer.
Section 393.83 Exhaust systems.
Section 393.84 Floors.
Section 393.85 (Reserved)
Section 393.86 Rear impact guards and rear end protection.
Section 393.87 Flags on projecting loads.
Section 393.88 Television receivers.
Section 393.89 Buses, driveshaft protection.
Section 393.90 Buses, standee line or bar.
Section 393.91 Buses, aisle seats prohibited.
Section 393.92 Buses, marking emergency doors.
Section 393.93 Seats, seat belt assemblies, and seat belt assembly
anchorages.
Section 393.94 Vehicle interior noise levels in power units.

Subpart H—Emergency Equipment
Section 393.95 Emergency equipment on all power units.

Subpart I—Protection Against Shifting or Falling Cargo
Section 393.100 General rules for protection against shifting or
falling cargo.
Section 393.102 Securement systems.
Section 393.104 Blocking and bracing.
Section 393.106 Front-end structure.
Section 393.108 Working load limit of tie downs.

Subpart J—Frames, Cab and Body Components, Wheels, Steering, and Suspension
Systems
Section 393.201 Frames.
Section 393.203 Cab and body components.
Section 393.205 Wheels.
Section 393.207 Suspension systems.
Section 393.209 Steering wheel systems.

PART 394 (REMOVED AND RESERVED)

PART 395 - HOURS OF SERVICE OF DRIVERS


Section 395.1 Scope of rules in this part.
Section 395.2 Definitions.
Section 395.3 - Maximum driving time.

(Section 395.3 is modified to state the following:)

The provision of Section 395.3 does not apply to intrastate drivers of commercial motor vehicles weighing 26,001 pounds or more operating in intrastate commerce provided that these vehicles are not designed to transport 16 or more passengers, including the driver, or used in the transportation of hazardous materials and required to be placarded in accordance with 49 C.F.R. §§ 172.500 et seq., or display a hazardous materials placard Intrastate drivers hours of service limitations are found at 49 C.F.R. 350.341(e).

Section 395.5 - Maximum driving time for passenger-carrying
vehicles.

(Section 395.5 is added to state the following)

Subject to the exceptions and exemptions in 395.1:

(a) No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle, nor shall any such driver drive a passenger-carrying commercial motor vehicle:

1. More than 10 hours following eight consecutive hours off duty; or

2. For any period after having been on duty 15 hours following eight consecutive hours off duty.

(b) No motor carrier shall permit or require a driver of a passenger-carrying commercial motor vehicle to drive, nor shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver‘s services, for any period after-

1. Having been on duty 60 hours in any seven consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

2. Having been on duty 70 hours in any period of eight consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

Section 395.7 (Removed and Reserved)
Section 395.8 Driver‘s record of duty status.
Section 395.10 (Removed and Reserved)
Section 395.11 (Removed and Reserved)
Section 395.12 (Removed and Reserved)
Section 395.13 Drivers declared out of service.
Section 395.15 Automatic on-board recording devices.

PART 396 INSPECTION, REPAIR AND MAINTENANCE


Section 396.1 Scope.
Section 396.3 Inspection, repair and maintenance.
Section 396.5 Lubrication.
Section 396.7 Unsafe operations forbidden.
Section 396.9 Inspection of motor vehicles in operation.
Section 396.11 Driver vehicle inspection report(s).
Section 396.13 Driver inspection.
Section 396.15 Driveaway-towaway operations and inspections.
Section 396.17 Periodic inspection.
Section 396.19 Inspector qualifications.
Section 396.21 Periodic inspection record keeping requirements.
Section 396.23 Equivalent to periodic inspection.
Section 396.25 Qualifications of brake inspectors.

PART 397 TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES

Subpart A—General
Section 397.1 Application of the rules in this part.
Section 397.2 Compliance with Federal motor carrier safety
regulations.
Section 397.3 State and local laws, ordinances, and regulations.
(This Section intentionally omitted.)
Section 397.5 Attendance and surveillance of motor vehicles.
Section 397.7 Parking.
Section 397.9 (Removed and Reserved)
Section 397.11 Fires.
Section 397.13 Smoking.
Section 397.15 Fueling.
Section 397.17 Tires.
Section 397.19 Instructions and documents.

Subpart B (Reserved)

Subpart C—Routing of Non-Radioactive Hazardous Materials
Section 397.61 Purpose and scope.
Section 397.63 Applicability.
Section 397.65 Definitions.
Section 397.67 Motor carrier responsibility for routing.
Section 397.69 Highway routing designations; preemption.
Section 397.71 Federal standards.
Section 397.73 Public information and reporting requirements.
Section 397.75 Dispute resolution.
Section 397.77 Judicial review of dispute decision.

Subpart D—Routing of Class 7 (Radioactive) Materials
Section 397.101 Requirements for motor carriers and drivers.
Section 397.103 Requirements for State routing designations.

Subpart E—Preemption Procedures
Section 397.201 Purpose and scope of the procedures.
Section 397.203 Standards for determining preemption.
Section 397.205 Preemption application.
Section 397.207 Preemption notice.
Section 397.209 Preemption processing.
Section 397.211 Preemption determination.
Section 397.213 Waiver of preemption application.
Section 397.215 Waiver notice.
Section 397.217 Waiver processing.
Section 397.219 Waiver determination and order.
Section 397.221 Timeliness.
Section 397.223 Petition for reconsideration.
Section 397.225 Judicial review.

PART 398 - TRANSPORTATION OF MIGRANT WORKERS

Section 398.1 - Definitions.

Section 398.3 - Applicability.

Section 398.4 - Qualifications of drivers or operators.

Section 398.4 - Driving of motor vehicles.

Section 398.5 - Parts and accessories necessary for safe operation.

Section 398.6 - Hours of service of drivers; maximum driving time.

Section 398.7 - Inspection and maintenance of motor vehicles.

Section 398.8 - Administration inspection of motor vehicles in operation.

APPENDIX F TO SUBCHAPTER B—— COMMERCIAL ZONES

Section 1 New York, N.Y.
Section 6 Philadelphia, Pa.
Section 11 Commercial zones of municipalities in New Jersey
within 5 miles of New York, N.Y.
Section 12 Commercial zones of municipalities in Westchester
and Nassau Counties, N.Y.
Section 43 Definitions.
Section 44 Commercial zones determined generally, with
exceptions.
Section 45 Controlling distances and population data.

APPENDIX G TO SUBCHAPTER B——MINIMUM PERIODIC INSPECTION STANDARDS


Chapter Notes

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