NJ FMCSR Adoption
Changes and New Requirements
| Regulation (Section of 49 CFR) |
Commercial Motor Vehicles* Affected by Revisions to N.J.A.C. 13:60 | |||
|---|---|---|---|---|
| Type 1 | Type 2 | Type 3 | Type 4 | |
| U.S. DOT Number and Markings (§ 390) |
New Requirement | New Requirement | Change in Requirements | Change in Requirements |
| Driver Qualification/Medical Card (§ 391) |
New Requirement | New Requirement | No Change in Requirements | No Change in Requirements |
| Hours of Service (§ 395) |
New Requirement | New Requirement | Change in Requirements | No Change in Requirements |
| Inspection, Repair, and Maintenance (§ 396) |
New Requirement | New Requirement | No Change in Requirements | No Change in Requirements |
*Commercial motor vehicles, as defined in 49 CFR § 390.5
More information on these changes and requirements is provided below.
U.S. DOT Number and Markings (49 CFR § Section 390)
| Regulation (Section of 49 CFR) |
Commercial Motor Vehicles* Affected by Revisions to N.J.A.C. 13:60 | |||
|---|---|---|---|---|
| Type 1 | Type 2 | Type 3 | Type 4 | |
| U.S. DOT Number and Markings (§ 390) |
New Requirement | New Requirement | Change in Requirements | Change in Requirements |
Interstate and Intrastate carriers are now required to register with the FMCSA and obtain a USDOT#. The USDOT# serves as a unique identifier when collecting and monitoring a company’s safety information.
Further information on USDOTnumbers can be found on the FMCSA website: https://www.fmcsa.dot.gov/registration
Vehicle marking requirements are outlined in 49 CFR § 390.21 and in N.J.S.A. 39:4-46. All commercial motor vehicles are now required to display the following:
| Regulation | Requirement | How to Comply |
|---|---|---|
| 49 CFR § 390.21(b) (c) |
Display “USDOT #xxxxx” | Both sides of the CMV; Contrasting colors; and Visible up to 50 feet |
| 49 CFR § 390.21(b) (c) |
Display Legal trade name | Both sides of the CMV; Contrasting colors; and Visible up to 50 feet |
| N.J.S.A. 39:4-46(a) | Display municipality of principal place of business | Display conspicuously with contrasting colors and 3-inch letter height |
| N.J.S.A 39:4-46(b) | Display GVWR* | Display conspicuously with contrasting colors and 3-inch letter height |
*GVWR must be displayed if GVWR, or GCWR, or registered weight is greater than 26,000 lbs.
An example of appropriate vehicle markings according to the requirements specified in this section is illustrated in the graphic below:
Driver Qualification and Medical Card (49 CFR § 391)
| Regulation (Section of 49 CFR) |
Commercial Motor Vehicles* Affected by Revisions to N.J.A.C. 13:60 IN | |||
|---|---|---|---|---|
| Type 1 | Type 2 | Type 3 | Type 4 | |
| Driver Qualification/Medical Card (§ 391) |
New Requirement | New Requirement | No Change in Requirements | No Change in Requirements |
General Requirements for Driver Qualification Files (49 CFR § 391.51)
(a) Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver's qualification file may be combined with his/her personnel file.
(b) The qualification file for a driver must include:
(1) The driver's application for employment completed in accordance with §391.21;
(2) A copy of the motor vehicle record received from each State record pursuant to §391.23(a)(1);
(3) The certificate of driver's road test issued to the driver pursuant to §391.31(e), or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver's road test pursuant to §391.33;
(4) The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by §391.25(a);
(5) A note relating to the annual review of the driver's driving record as required by §391.25(c)(2);
(6) A list or certificate relating to violations of motor vehicle laws and ordinances required by §391.27;
(7)
(i) The medical examiner's certificate as required by §391.43(g) or a legible copy of the certificate.
(ii) Exception. For CDL holders, beginning January 30, 2012, if the CDLIS motor vehicle record contains medical certification status information, the motor carrier employer must meet this requirement by obtaining the CDLIS motor vehicle record defined at §384.105 of this chapter. That record must be obtained from the current licensing State and placed in the driver qualification file. After January 30, 2015, a non-excepted, interstate CDL or CLP holder without medical certification status information on the CDLIS motor vehicle record is designated “not-certified” to operate a CMV in interstate commerce. After January 30, 2015 and until June 22, 2018, a motor carrier may use a copy of the driver's current medical examiner's certificate that was submitted to the State for up to 15 days from the date it was issued as proof of medical certification.
(iii) If that driver obtained the medical certification based on having obtained a medical variance from FMCSA, the motor carrier must also include a copy of the medical variance documentation in the driver qualification file in accordance with §391.51(b)(8);
(8) A Skill Performance Evaluation Certificate obtained from a Field Administrator, Division Administrator, or State Director issued in accordance with §391.49; or the Medical Exemption document, issued by a Federal medical program in accordance with part 381 of this chapter; and
(9)
(i) For drivers not required to have a CDL, a note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by §391.23(m)(1).
(ii) Until June 22, 2018, for drivers required to have a CDL, a note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by §391.23(m)(2).
(c) Except as provided in paragraph (d) of this section, each driver's qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter.
(d) The following records may be removed from a driver's qualification file three years after the date of execution:
(1) The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by §391.25(a);
(2) The note relating to the annual review of the driver's driving record as required by §391.25(c)(2);
(3) The list or certificate relating to violations of motor vehicle laws and ordinances required by §391.27;
(4) The medical examiner's certificate required by §391.43(g), a legible copy of the certificate, or for CDL drivers any CDLIS MVR obtained as required by §391.51(b)(7)(ii);
(5) Any medical variance issued by FMCSA, including a Skill Performance Evaluation Certificate issued in accordance with §391.49; or the Medical Exemption letter issued by a Federal medical program in accordance with part 381 of this chapter; and
(6) The note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by §391.23(m).
Driver physical requirements are outlined in Part 49, Section 391 of the CFR. As outlined in 49 CFR §391.41, drivers are required to obtain a medical examiner’s certificate from a certified medical examiner. Information can be found on the FMCSA website at: https://www.fmcsa.dot.gov/medical/driver-medical-requirements/driver-medical-fitness-duty
For a list of approved medical examiners visit the following site: https://nationalregistry.fmcsa.dot.gov/NRPublicUI/home.seam
Hours of Service (49 CFR § 395)
| Regulation (Section of 49 CFR) |
Commercial Motor Vehicles* Affected by Revisions to N.J.A.C. 13:60 | |||
|---|---|---|---|---|
| Type 1 | Type 2 | Type 3 | Type 4 | |
| Hours of Service (§ 395) | New Requirement | New Requirement | Change in Requirements | No Change in Requirements |
Hours of service requirements are outlined in N.J.A.C. 13:60, Appx. Drivers of commercial motor vehicles are required to adhere to the requirements outlined below.
Maximum Driving Time for Property-Carrying CMVs
Subject to the exceptions and exemptions in 49 CFR § 395.1(b) through (r):
(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
- Start of the work shift. A driver may not drive without first taking 10 consecutive hours off duty.
- 16-hour period. A driver may drive only during a period of 16 hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 16-consecutive-hour period without first taking 10 consecutive hours off duty.
- Driving time and rest breaks:
- Driving time: A driver may drive a total of 12 hours during the 16-hour period specified in paragraph (a) 2.
- Rest breaks. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.
(b) No motor vehicle carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after:
- Having been on duty 70 hours in any period of seven consecutive days, if the employing motor carrier does not operate commercial motor carriers every day of the week or;
- Having been on duty 80 hours in any period of eight consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
The modifications of Section 395.3 do not apply to intrastate drivers of commercial motor vehicles designed or used in the transportation of hazardous materials and required to be placarded in accordance with 49 CFR § 172.500 et seq., or display a hazardous materials placard.
Intrastate drivers hours of service limitations are found at 49 CFR § 350.341(e).
Maximum Driving Time for Passenger-Carrying CMVs
(49 CFR § 395.5)
Subject to the exceptions and exemptions in § 395.1 (b) through (r):
(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:
- More than 10 hours following 8 consecutive hours off duty; or
- For any period after having been on duty 15 hours following 8 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-
- Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
- Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
Logbook Requirements
Requirements for keeping Record of Duty Status (RODS), commonly known as “logbooks,” can be found in 49 CFR § 395.8.
Exception. The rules in 49 CFR § 395 apply to all motor carriers and drivers, except as provided in paragraphs (b) through (r) of 49 CFR § 395.1.
Inspection, Repair, and Maintenance (49 CFR § 396)
| Regulation (Section of 49 CFR) |
Commercial Motor Vehicles* Affected by Revisions to N.J.A.C. 13:60 | |||
|---|---|---|---|---|
| Type 1 | Type 2 | Type 3 | Type 4 | |
| Inspection, Repair, and Maintenance (§ 396) | New Requirement | New Requirement | No Change in Requirements | No Change in Requirements |
N.J.A.C. 13:20-7 specifies state inspection requirements.
Vehicles meeting the definition of a CMV according to 49 CFR § 390.5, but are not subject to New Jersey state safety inspection requirements according to N.J.A.C. 13:20-7, must comply with 49 CFR § 396.17. Use the decision tree below to determine which inspection requirements apply.
Rules governing Federal Periodic Inspections (49 CFR § 396.17)
(a) Every commercial motor vehicle must be inspected as required by this section. The inspection must include, at a minimum, the parts and accessories set forth in appendix G of this subchapter. The term commercial motor vehicle includes each vehicle in a combination vehicle. For example, for a tractor semitrailer, full trailer combination, the tractor, semitrailer, and the full trailer (including the converter dolly if so equipped) must each be inspected.
(b) Except as provided in §396.23 and this paragraph, motor carriers must inspect or cause to be inspected all motor vehicles subject to their control. Intermodal equipment providers must inspect or cause to be inspected intermodal equipment that is interchanged or intended for interchange to motor carriers in intermodal transportation.
(c) A motor carrier must not use a commercial motor vehicle, and an intermodal equipment provider must not tender equipment to a motor carrier for interchange, unless each component identified in appendix G of this subchapter has passed an inspection in accordance with the terms of this section at least once during the preceding 12 months and documentation of such inspection is on the vehicle. The documentation may be:
(1) The inspection report prepared in accordance with §396.21(a), or
(2) Other forms of documentation, based on the inspection report (e.g., sticker or decal), which contains the following information:
(i) The date of inspection;
(ii) Name and address of the motor carrier, intermodal equipment provider, or other entity where the inspection report is maintained;
(iii) Information uniquely identifying the vehicle inspected if not clearly marked on the motor vehicle; and
(iv) A certification that the vehicle has passed an inspection in accordance with §396.17.
(d) A motor carrier may perform the required annual inspection for vehicles under the carrier's control which are not subject to an inspection under §396.23(b)(1). An intermodal equipment provider may perform the required annual inspection for intermodal equipment interchanged or intended for interchange to motor carriers that are not subject to an inspection under §396.23(b)(1).
(e) In lieu of the self-inspection provided for in paragraph (d) of this section, a motor carrier or intermodal equipment provider responsible for the inspection may choose to have a commercial garage, fleet leasing company, truck stop, or other similar commercial business perform the inspection as its agent, provided that business operates and maintains facilities appropriate for commercial vehicle inspections and it employs qualified inspectors, as required by §396.19.
(f) Vehicles passing periodic inspections performed under the auspices of any State government or equivalent jurisdiction or the FMCSA, meeting the minimum standards contained in appendix G of this subchapter, will be considered to have met the requirements of an annual inspection for a period of 12 months commencing from the last day of the month in which the inspection was performed.
(g) It is the responsibility of the motor carrier or intermodal equipment provider to ensure that all parts and accessories on commercial motor vehicles intended for use in interstate commerce for which they are responsible are maintained at, or promptly repaired to, the minimum standards set forth in appendix G to this subchapter.
(h) Failure to perform properly the annual inspection required by this section shall cause the motor carrier or intermodal equipment provider to be subject to the penalty provisions of 49 U.S.C. 521(b).
Inspector Qualifications and Inspection Recordkeeping Requirements (49 CFR § 396.19 and 49 CFR § 396.21)
(a) Motor carriers and intermodal equipment providers must ensure that individuals performing annual inspections under §396.17(d) or (e) are qualified as follows:
(1) Understand the inspection criteria set forth in part 393 and appendix G of this subchapter and can identify defective components;
(2) Are knowledgeable of and have mastered the methods, procedures, tools and equipment used when performing an inspection; and
(3) Are capable of performing an inspection by reason of experience, training, or both as follows:
(i) Successfully completed a Federal-or State-sponsored training program or have a certificate from a State or Canadian Province that qualifies the individuals to perform commercial motor vehicle safety inspections, or
(ii) Have a combination of training or experience totaling at least 1 year. Such training or experience may consist of:
(A) Participation in a commercial motor vehicle manufacturer-sponsored training program or similar commercial training program designed to train students in commercial motor vehicle operation and maintenance;
(B) Experience as a mechanic or inspector in a motor carrier or intermodal equipment maintenance program;
(C) Experience as a mechanic or inspector in commercial motor vehicle maintenance at a commercial garage, fleet leasing company, or similar facility; or
(D) Experience as a commercial motor vehicle inspector for a State, Provincial or Federal government.
(b) Motor carriers and intermodal equipment providers must retain evidence of that individual's qualifications under this section. They must retain this evidence for the period during which that individual is performing annual motor vehicle inspections for the motor carrier or intermodal equipment provider, and for one year thereafter. However, motor carriers and intermodal equipment providers do not have to maintain documentation of inspector qualifications for those inspections performed as part of a State periodic inspection program.
Rules governing State Equivalent Inspections (49 CFR § 396.23)
(a)(1) If a commercial motor vehicle is subject to a mandatory State inspection program which is determined by the Administrator to be as effective as §396.17, the motor carrier or intermodal equipment provider must meet the requirement of §396.17 through that State's inspection program. Commercial motor vehicle inspections may be conducted by State personnel, at State authorized commercial facilities, or by the motor carrier or intermodal equipment provider itself under the auspices of a State authorized self-inspection program.
(2) Should the FMCSA determine that a State inspection program, in whole or in part, is not as effective as §396.17, the motor carrier or intermodal equipment provider must ensure that the periodic inspection required by §396.17 is performed on all commercial motor vehicles under its control in a manner specified in §396.17.
