Bill Text: NJ A842 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits cities of the first class to operate weigh stations and to inspect vehicles and railroad cars transporting hazardous materials within their jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A842 Detail]
Download: New_Jersey-2014-A842-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman CHARLES MAINOR
District 31 (Hudson)
SYNOPSIS
Permits cities of the first class to operate weigh stations and to inspect vehicles and railroad cars transporting hazardous materials within their jurisdiction.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the inspection of vehicles and railroad cars transporting hazardous materials and amending P.L.1985, c.415.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1985, c.415 (C.39:5B-31) is amended to read as follows:
a. The Superintendent of the State Police may inspect such vehicles, railroad cars, and places of origin or destination in the State of the hazardous materials being transported, as may be necessary to carry out the provisions of P.L.1983, c.401 and [this amendatory and supplementary act] P.L.1985, c.415. The superintendent may also break such cargo seals on vehicles and railroad cars as may be necessary to inspect vehicles and railroad cars transporting hazardous materials to ascertain that packages as defined in 49 C.F.R. s. 171.8 have been properly classified, described, packaged, marked, labeled, blocked and braced and are in proper condition for shipment.
b. (1) The powers exercised by the superintendent pursuant to this section may also be exercised by police officers of the Port Authority of New York and New Jersey, and by personnel of the Department of Transportation duly authorized by the superintendent. Appropriate personnel of the Department of Environmental Protection duly authorized by the superintendent may, consistent with federal regulations, inspect the contents of packages referred to in subsection a. of this section at places of origin prior to acceptance by the transporter or at places of destination after acceptance by the consignee. In addition, personnel of the Department of Environmental Protection so authorized may conduct, in conjunction with and under the direction of State Police personnel, inspections and break cargo seals as described in subsection a. of this section when at off-highway facilities, including, but not limited to, public truck stops, public rest areas, State weigh stations, and commercial motor vehicle inspection stations.
(2) The superintendant shall authorize a municipal official designated by the governing body of a city of the first class to, consistent with federal regulations, operate a municipal weigh station and inspect the contents of packages referred to in subsection a. of this section at places of origin within its jurisdiction prior to acceptance by the transporter, or at places of destination within its jurisdiction after acceptance by the consignee.
c. The Commissioner of Transportation is authorized to adopt, in consultation with the Superintendent of the State Police and pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations governing inspection and breaking of cargo seals by those authorized to do so under this section. No person not given specific authority in this section to do so shall break cargo seals under this section or otherwise implement the provisions of this section.
(cf: P.L.1985, c. 415, s. 2)
2. This act shall take effect immediately.
STATEMENT
This bill would permit the superintendent of the State Police to authorize a municipal official designated by the governing body of a city of the first class (Newark and Jersey City) to, consistent with federal regulations, inspect the contents of hazardous material packages being transported within its jurisdiction prior to acceptance by the transporter, or at places of destination within its jurisdiction after acceptance by the consignee. This authority would also permit those cities to operate municipal weigh stations within their jurisdictions.
This bill does not confer authority upon a municipal official to break cargo seals.
