Bill Text: NJ A4477 | 2016-2017 | Regular Session | Introduced
Bill Title: Concerns transport of certain materials by motor vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-12 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A4477 Detail]
Download: New_Jersey-2016-A4477-Introduced.html
Sponsored by:
Assemblyman NICHOLAS CHIARAVALLOTI
District 31 (Hudson)
SYNOPSIS
Concerns transport of certain materials by motor vehicle.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the transport of certain materials by motor vehicle and amending R.S.39:4-77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-77 is amended to read as follows:
R.S.39:4-77. [No] A person shall not cause or permit a vehicle to be [so] loaded or operate a vehicle [so] loaded in a way that may cause the contents, or any part thereof [may] , to be scattered in any street. Whenever the load of any vehicle is of material, which shall include, but not be limited to, furniture, mattresses, or other debris other than farm products, susceptible to scattering on a street and [such] the load extends above the height of the sides or tail gate or rear of the body of the vehicle, [such] the load shall be securely fastened to the vehicle with rope, straps with ratchet fasteners, or any other similar safety harness and covered by a tarpaulin or other cover.
The [director] chief administrator [, where public safety so warrants,] shall[, after a public hearing, prescribe by rule or regulation] promulgate rules and regulations establishing minimum safety standards for fastening loads on and fix loading procedures for any commercial type flat bed motor vehicle [or] , motor-drawn vehicle, and passenger automobile temporarily used to transport the aforementioned material, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). [Any rule or regulation so promulgated by the director shall be filed in the Secretary of State's office and copies thereof shall be available, upon request, in the director's office.]
The owner, lessee, bailee, or operator of any vehicle described above found on a highway in violation of any [such] safety standard or procedure that may be prescribed by the [director] chief administrator shall be fined not more than [$500.00] $500 for each violation.
(cf: P.L.1968, c.272, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits a person from loading or operating a vehicle loaded in a way that may cause the contents, or any part thereof, to be scattered in any street. The bill amends current law to include furniture, mattresses, or other debris other than farm products within the materials required to be securely fastened. The bill also amends current law to require that a load be securely fastened to the vehicle with rope, straps with ratchet fasteners, or any other similar type of safety harness in addition to being covered by a tarpaulin or other cover.
Under the bill, the Chief Administrator of the New Jersey Motor Vehicle Commission is to promulgate rules and regulations, in accordance with the provisions of the Administrative Procedure Act, establishing minimum safety standards for fastening loads on and fix loading procedures for any commercial type flat bed motor vehicle, motor-drawn vehicle, and passenger automobile temporarily used to transport material that is susceptible to being scattered on the roadway.
