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Public Information - New Jersey State Police Proposed Rules

DIVISION OF STATE POLICE

35 N.J. Reg. 2569(a)

NEW JERSEY REGISTER
VOLUME 35, NUMBER 12
MONDAY, JUNE 16, 2003
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF STATE POLICE
MOTOR VEHICLE RACE TRACK RULES
PIT CREDENTIALS; HELMET STANDARDS; DEMOLITION DERBY VEHICLES

Proposed Amendments: N.J.A.C. 13:62-2.8, 4.7, 4.26, 5.7, 5.22, 6.10, 6A.8, 6B.8, 7.7, 9.1, 9.2, 10.7, 11.10, 12A.3 and 12A.8

Authorized By: Joseph R. Fuentes, Acting Superintendent, Division of State Police.
Authority: N.J.S.A. 5:7-8 et seq. and Attorney General's Executive Directive 1982-2.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2003-225.
Submit written comments by August 15, 2003 to:
Joseph R. Fuentes, Acting Superintendent
c/o Traffic Bureau-Motor Vehicle Racing Control Unit
Division of State Police
PO Box 7068
River Road
West Trenton, NJ 08628-0068
The agency proposal follows:

Summary
N.J.S.A. 5:7-8 requires the regulation of the operation or conduct of motor
vehicle races and exhibitions of motor vehicle driving and the regulation of
tracks or places at which the same are operated and conducted, providing for
the issuance of licenses. Pursuant to this statute and Executive Directive
1982-2, the Division of State Police is entrusted with the regulation of motor
vehicle races and exhibitions of motor vehicle driving. The Division of State
Police is proposing to amend certain rules in accordance with the Division's
statutory responsibility. The Division proposes to lower the minimum age for
the issuance of pit credentials from 17 to 16. The Division also proposes to
lower the expiration date for harnesses and seat belts from five years to two
years. The Division proposes to replace the current American National Standard
Institute (ANSI) Z-90.1 standard for helmets with Snell Memorial Foundation
standards and incorporate by reference Snell Memorial Foundation Standards K, M
and SA, as may be amended and supplemented. Periodically, the Foundation
upgrades its specifications on performance characteristics of helmets to keep
pace with advances in materials, helmet technology and design. The standards
are available from the Snell Memorial Foundation, 3628 Madison Avenue, Suite
11, North Highlands, CA 95660. The ANSI Z-90.1 standard is being replaced
because it is obsolete and the Snell Memorial Foundation standards are now the
accepted industry testing standards. Finally, the Division proposes to allow a
compact car class to compete in demolition derby events. The specific sections
proposed for amendment are further described below.
N.J.A.C. 13:62-2.8 sets forth the requirements for issuance of pit
credentials for racing events. The proposed amendments to N.J.A.C. 13:62-
2.8(d), (e) and (g), would lower the minimum age limit from 17 to 16 with
proper identification. After a one-year evaluation period pursuant to
N.J.A.C. 13:62-2.5, which concluded on December 31, 2002, the Division
determined that allowing 16 year olds access to the pits would not adversely
affect the safety of this age group and other participants.
N.J.A.C. 13:62-4.7(e) sets forth a five-year expiration date for safety
belts and harnesses for vehicles engaged in oval racing. The proposed amendment
would establish a two-year expiration date on belts and harnesses instead of
the current five-year expiration. The proposed amendment brings this section up
to prevailing industry standards. N.J.A.C. 13:62-4.26(a) sets forth helmet
standards for oval racing. The proposed amendment replaces the current American
National Standard Institute (ANSI) Z-90.1 testing standard with the Snell
Memorial Foundation designation K, M or SA standard to conform the rule to
prevailing industry standards.
N.J.A.C. 13:62-5.22 sets forth helmet standards for drag racing. The
proposed amendment replaces the current American National Standard Institute
(ANSI) Z-90.1 testing standard with the Snell Memorial Foundation K, M or SA
standard to conform the rule to prevailing industry standards.
N.J.A.C. 13:62-6.10 sets forth helmet standards for motorcycle and quad
vehicle oval racing events. The proposed amendment replaces the current
American National Standard Institute (ANSI) Z-90.1 testing standard with the
Snell Memorial Foundation K, M or SA standard to conform the rule to prevailing
industry standards.
N.J.A.C. 13:62-6A.8 sets forth helmet standards for motorcycle and quad
vehicle serpentine racing events. The proposed amendment replaces the current
American National Standard Institute (ANSI) Z-90.1 testing standard with the
Snell Memorial Foundation K, M or SA standard to conform the rule to prevailing
industry standards.
N.J.A.C. 13:62-6B.8 sets forth helmet standards for moto cross enduro
racing events. The proposed amendment replaces the current American National
Standard Institute (ANSI) Z-90.1 testing standard with the Snell Memorial
Foundation K, M or SA standard to conform the rule to prevailing industry
standards.
N.J.A.C. 13:62-7.7 sets forth helmet standards for snowmobile racing
events. The proposed amendment replaces the current American National Standard
Institute (ANSI) Z-90.1 testing standard with the Snell Memorial Foundation K,
M or SA standard to conform the rule to prevailing industry standards.
N.J.A.C. 13:62-9.1 sets forth the rules for vehicles participating in
demolition derby events. The proposed amendment to N.J.A.C. 13:62-9.1(b)
would add a new combined class of cars permitted to participate (foreign and
domestic stock, hardtop compact cars with specific guidelines). The Division
determined that a compact car class was appropriate after a one year evaluation
period pursuant to N.J.A.C. 13:62-2.5, which was completed on December 31,
2002 with successful results for this class. N.J.A.C. 13:62-9.2(c) sets
forth helmet standards. The proposed amendment replaces the current American
National Standard Institute (ANSI) Z-90.1 testing standard with the Snell
Memorial Foundation K, M or SA standard to conform the rule to prevailing
industry standards.
N.J.A.C. 13:62-10.7(b) sets forth helmet standards for automobile enduro
events. The proposed amendment replaces the current American National Standard
Institute (ANSI) Z-90.1 testing standard with the Snell Memorial Foundation K,
M or SA standard to conform the rule to prevailing industry standards.
N.J.A.C. 13:62-11.10(a) sets forth helmet standards for mudhop events. The
proposed amendment replaces the current American National Standard Institute
(ANSI) Z-90.1 testing standard with the Snell Memorial Foundation K, M or SA
standard to conform the rule to prevailing industry standards.
N.J.A.C. 13:62-12A.3(a)5 sets forth helmet standards for quarter midget
racing events. The proposed amendment replaces the current American National
Standard Institute (ANSI) Z-90.1 testing standard with the Snell Memorial
Foundation K, M or SA standard to conform the rule to prevailing industry
standards.
N.J.A.C. 13:62-12B.8(a)5 sets forth helmet standards for junior drag
racing events. The proposed amendment replaces the current American National
Standard Institute (ANSI) Z-90.1 testing standard with the Snell Memorial
Foundation K, M or SA standard to conform the rule to prevailing industry
standards.
The Division has determined that the comment period for this proposal shall be
60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is
exempt from the rulemaking calendar requirement.

Social Impact
The rules proposed for amendments are designed to maximize the safety of
participants at motor vehicle racing events. The upgrading of helmet and
harness specifications will bring both of these safety items up to and on par
with current industry standards. The creation of a new combined class of
vehicles for demolition derby events will expand the pool of vehicles allowed
to participate, yet not adversely affect safety.

Economic Impact
The rules proposed for amendment may have some economic impact on licensees
and participants. Increased operating costs may be passed on to the public in
the form of higher admission prices. Costs incurred by the licensees may be
passed on to the participants in the form of higher entry fees. Licensees and
participants may incur costs upgrading helmets to be in compliance with the
proposed amendments. Licensees and participants may incur costs in replacing
harnesses and shoulder belts that are more than two years old rather than the
current five year limit to meet the new standard. The impact should be minimal,
due to the fact that most helmets in use today are already in compliance with
the proposed Snell Memorial Foundation standards. Most sanctioning bodies for
racing events already require such helmets and already limit the use of
harnesses and shoulder belts to those less than two years from date of
manufacture.

Federal Standards Statement
A Federal standards analysis is not required as none of the proposed
amendments are the subject of any Federal standards.

Jobs Impact
The proposed amendments will not have any affect on the creation or loss of
jobs in New Jersey.

Agriculture Industry Impact
None of the proposed amendments impact on the agriculture industry in New
Jersey.

Regulatory Flexibility Analysis
The Division estimates that approximately 35 track operators subject to these
rules may qualify as small businesses, as defined in the Regulatory Flexibility
Act, N.J.S.A. 52:14B-16 et seq. The proposed amendments do not impose any
reporting or recordkeeping requirements. The proposed amendments do impose
compliance requirements on licensees and participants. Participants in
regulated events will be required to wear protective equipment, including a
helmet that meets the Snell Memorial Foundation K, M or SA standard. In
addition, the life cycle for harnesses and shoulder belts is reduced from five
years to two years. These businesses may incur costs in complying with vehicle
or participant safety equipment requirements to the extent that licensees
provide equipment to participants. These costs will vary according to the type
of vehicle and event. Licensees will be required to comply with identification
requirements for 16 year olds who are issued pit credentials. Professional
services are not needed for compliance. The proposed amendments impose
compliance requirements for the safety of participants and the general public
who attend motor vehicle race track events. Therefore, lesser standards for
small businesses are not appropriate.

Smart Growth Impact
The proposed amendments will not have any impact on the achievement of smart
growth or upon implementation of the State Development and Redevelopment Plan.