39:3-84.1 Application of weight limitations.

647 words·~3 min read·/nj/title-39/chapter-3/39-3-84-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

3. a. The axle weight limitations as provided in subsection b. of R.S.39:3-84 shall apply to all vehicles registered in New Jersey subsequent to March 1, 1950, which have not been registered therein or contracted for purchase by New Jersey residents prior to that date. The weight limitations provided in paragraphs (1), (2), and

(3)of subsection b. of R.S.39:3-84 relative to maximum gross axle weights shall not apply to vehicles registered as "constructor" or "solid waste" vehicles or to a combination of vehicles of which the "constructor" or "solid waste" vehicle is the drawing vehicle as provided in R.S.39:3-20, except that those limitations shall apply to vehicles registered as "solid waste" when operated on any highway which is part of the National System of Interstate and Defense Highways, as provided in 23 U.S.C. s.103. Except as otherwise provided in this section, the provisions of paragraph 5 of subsection b. of R.S.39:3-84 shall apply to vehicles registered as "constructor" or "solid waste" or to a combination of vehicles of which the "constructor" or "solid waste" vehicle is the drawing vehicle as provided in R.S.39:3-20, except that for any vehicle registered as a "constructor" or any combination of vehicles of which the drawing vehicle is registered as a "constructor," the provisions of paragraph 5 of subsection b. of R.S.39:3-84 shall not apply; provided the vehicle or combination of vehicles is operated within an area that is 30 miles or less from the point established as a headquarters for the particular construction operation. Vehicles registered as "constructor" or "solid waste" or a combination of vehicles of which the "constructor" or "solid waste" vehicle is the drawing vehicle shall be limited to a maximum gross vehicle weight, including load or contents, as shown on the registration certificate of that vehicle.

b. The Commissioner of Transportation is authorized to adopt rules and regulations providing for exemptions from the provisions of paragraph 5 of subsection b. of R.S.39:3-84 for the following:

(1)Vehicles registered as "solid waste" or combinations of vehicles of which the "solid waste" vehicle is the drawing vehicle as provided in R.S.39:3-20; and

(2)Vehicles not in excess of 73,280 pounds.

The commissioner is also authorized to adopt rules and regulations providing for any time limits, distinctions among classes of vehicles, or other conditions with respect to these exemptions.

c. In addition to any exemptions provided for by regulations adopted pursuant to subsection b. of this section, the commissioner is authorized to adopt rules and regulations providing for exemptions for a transitional period from the provisions of paragraph 5 of subsection b. of R.S.39:3-84 for the following:

(1)Tandem-axle dump trucks;

(2)Five-axle dump trailers;

(3)Two-axle dump trucks;

(4)Tri-axle dump trucks;

(5)Four-axle dump trucks;

(6)Three-axle and four-axle ready-mix transit trucks;

(7)Four-axle and five-axle flatbed tractor trailers;

(8)Five-axle bulk carriers;

(9)Two-axle, three-axle, four-axle, and five-axle liquid bulk carriers;

(10)Two-axle and three-axle emergency equipment wreckers;

(11)Solid waste rear-end loaders;

(12)Solid waste front-end loaders;

(13)Solid waste four-axle roll-offs;

(14)Four-axle and five-axle waste transfer tractor trailers;

(15)Two-axle, three-axle, four-axle, and five-axle general freight carriers; and

(16)Intermodal ocean containers.

d. Notwithstanding the provisions of any State law, rule, or regulation to the contrary, but consistent with federal law, a vehicle, if operated by an engine fueled primarily by natural gas, may exceed any vehicle weight limit, up to a maximum gross vehicle weight of 82,000 pounds, under 23 U.S.C. s.127, R.S.39:3-84, or any other applicable law regarding vehicle weight limits, by an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle and the weight of a comparable diesel tank and fueling system.

L.1950, c.142, s.3; amended 1954, c.166; 1958, c.2; 1973, c.373, s.2; 1977, c.51, s.4; 1983, c.349, s.3; 1983, c.374; 2017, c.343.