DIMENSIONS AND WEIGHT

Transcription

1 DIMENSIONS AND WEIGHT 39A:DW-1. Definitions a. "Combination of vehicles" includes vehicles which are the drawing or power unit of a combination of vehicles and motor-drawn vehicles, such as trailers, semitrailers, or other vehicles. b. Combined gross weight imposed by all the wheels of any one axle of a vehicle means the total gross weight of all wheels whose axle centers are spaced less than 40 inches apart. c. Maximum gross vehicle weight includes load or contents unless otherwise specified. d. "Recyclable material" means materials which would otherwise become solid waste, and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. e "Recycling vehicle" means a commercial motor vehicle used for the collection or transportation of recyclable material; or any truck, trailer or other vehicle approved by the New Jersey Office of Recycling for use by persons engaging in the business of recycling or providing recycling services in this State. f. "Tandem axle" means two consecutive axles, where the distance between axle centers is 40 inches or more but no more than 96 inches. g "Vehicle" includes commercial motor vehicles, trucks, truck tractors, tractors, road tractors, recreation vehicles, or omnibuses. The term as used in this chapter includes a combination of vehicles as well as the load or contents of any part or portion thereof. Source: 39:3-84. The definitions in this section are substantially the same as those in the source section. Rather than being consolidated, this section has been divided into smaller sections. The source section was ten pages long and included provisions that were more easily read, and more similar to the arrangement of other chapters, when divided into their component parts. 39A:DW-2. Dimensional restrictions a. The dimensional limits in this chapter apply to a vehicle located or operated on a public highway or public or quasi-public property in this State. The limits do not include safety and energy conservation devices necessary for vehicle operation except on vehicles with the capability to transport cargo. b. Regulations shall be consistent with those promulgated by the United States Secretary of Transportation. c. A vehicle shall not be operated in this State, unless by special permit, with a dimension which would disqualify the State or a subdivision from receiving federal highway funds. d. For a vehicle, the maximum:

2 (1) Outside width may not exceed 102 inches, but the Commissioner of Transportation, after consultation with the Chief administrator and the Superintendent of State Police, may promulgate regulations for areas on which public safety requires a maximum outside width of no more than 96 inches. (2) Height may not exceed 13 feet, 6 inches. (3) Length shall not exceed 40 feet, but the length shall not exceed 50 feet when transporting poles, pilings, structural units or other items which cannot be dismembered, dismantled or divided. When a vehicle is the drawing unit of a combination, the length of the combination shall not exceed 62 feet. This paragraph shall not apply to buses or vehicles not designed or capable of carrying cargo or loads. (4) Length of a single drawn vehicle shall not exceed 53 feet when drawn by a vehicle not designed or capable of carrying cargo or loads. On a drawn vehicle, the distance between the kingpin and the centerline of its rear axle may not exceed 41 feet on a vehicle between 48 feet and 53 feet in length. A drawn vehicle must be equipped with a continuous lateral beam protecting the rear which extends to within four inches of the outside width and is not more than 22 inches from a level surface measured with the vehicle empty. The trailer kingpin shall be no more than 3.5 feet from the front of the semitrailer. The rear overhang, from the center of the rear tandem axles to the rear of the semitrailer, shall not exceed 35% of the semitrailer's wheelbase. The semitrailer width and the distance between the outside edges of its tires shall be 102 inches. A drawn vehicle may not exceed 63 feet in length when transporting poles, pilings, structural units or other articles that cannot be dismembered, dismantled or divided. This paragraph shall not apply to any vehicle designed and utilized solely to transport other motor vehicles. (5) Number of drawn vehicles in a combination shall not exceed two drawn vehicles and a drawing vehicle. (6) Length of each drawn vehicle in a combination consisting of two drawn vehicles and a drawing vehicle not designed or capable of carrying cargo or loads may not exceed 28 feet. This paragraph shall not apply to any vehicle designed and utilized solely to transport other motor vehicles. (7) The Commissioner of Transportation, after consulting with the Chief administrator and the Superintendent of State Police, shall promulgate regulations specifying highways in this State where combinations of vehicles may lawfully operate. (8) Length and outside width of a bus shall be established by regulations of the Commissioner of Transportation, after consulting with the Chief administrator and the Superintendent of State Police. Maximum outside width shall be 102 inches. Any other limit for width shall be based upon a determination that a bus between 96 and 102 inches wide is required in the interest of public safety on specified highways, or that operation of a bus wider than 102 inches is not unsafe on those highways.

3 (9) Width and length of farm tractors, machinery, implements and traction equipment shall be established by regulation. The operation of such vehicles shall be subject to the provisions of 39:3-24 and they may not be operated on any highway which is part of the National System of Interstate and Defense Highways or which has been designated a freeway or parkway. (10) Outside width of the cargo or load of a vehicle, including farm trucks, may not exceed 105 1/2 inches. The Commissioner of Transportation, after consultation with the Chief administrator and the Superintendent of State Police, may promulgate regulations establishing a maximum outside width of 102 inches for cargo or load on highways where a greater width is prohibited. e. The above provisions pertaining to length shall not apply to a vehicle or equipment operated by a public utility, as defined in 48:2-13, when used in the construction, reconstruction, repair or maintenance of its property or facilities. f. Notwithstanding the above, the Chief administrator may adopt regulations specifying maximum length for any vehicle or combination designed and utilized solely to transport other motor vehicles. g The above provisions pertaining to width shall not apply to a recycling vehicle when used for the collection of recyclable material on a highway other than a highway in the National System of Interstate and Defense Highways or a freeway or parkway. The maximum outside width of any recycling vehicle so used shall not exceed 96 inches, except it may be up to 105 inches when the vehicle is operating at 15 miles per hour or less, the access steps are deployed and recyclable materials are being collected. Source: 39:3-84. The section has been reorganized and streamlined. The information contained in subsection (d) may be more appropriate for inclusion in regulations, particularly since some of the provisions in that subsection specifically call for dimensional limits to be established by regulation. 39A:DW-3. Weight restrictions a. Violations of this chapter will be enforced pursuant to 39:3-84.3(j). b. Where enforcement of a weight limit requires measurement, the distance between axle centers shall be measured to the nearest whole foot or whole inch as applicable. When the measurement includes a fractional part of a foot or inch equaling one-half or more, the next larger whole foot or inch shall be utilized. c. A vehicle may not be operated in this State, unless by special permit, with a gross weight, axle weight, or gross weight of consecutive axles which would disqualify the State or a subdivision from receiving federal highway funds. d. The maximum gross weight imposed on the highway or other surface by: (1) The wheels of any one axle of a vehicle or combination shall not exceed 22,400 pounds.

4 (2) All the wheels of all consecutive axles of a vehicle shall not exceed 34,000 pounds where the distance between consecutive axle centers is between 40 and 96 inches apart. (3) All the wheels of consecutive axles of a vehicle shall not exceed 22,400 pounds for each single axle where the distance between consecutive axle centers exceeds 96 inches; except that on any highway in this State which is designated as part of the National Interstate System, as provided at 23 U.S.C. s. 103(e), this single axle limitation shall not apply and the provisions in (e) below shall apply. (4) A vehicle or combination shall not exceed 80,000 pounds. e. On a highway in this State which is designated part of the National Interstate System, as provided at 23 U.S.C. s. 103(e), the total pounds of gross weight imposed on a surface by two or more consecutive axles shall not exceed that listed in the following Table. In addition to the Table, two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more and the combined gross weight of two consecutive sets of tandem axles shall not exceed 68,000 pounds. In all cases the combined gross weight for a vehicle or the maximum gross weight for any axle or combination shall not exceed the limits of this subsection or any other applicable subsection, whichever is less. TABLE OF MAXIMUM GROSS WEIGHTS Distance in feet between axle centers of first and last axles of a group of two or more consecutive axles 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles

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6 Source: 39:3-84. The section has been reorganized and streamlined. The information contained in subsection (d) and the table of maximum gross weights may be more appropriate for inclusion in regulations. 39A:DW-4. Exceptions to dimensional and weight restrictions a. The dimension and weight restrictions in this chapter do not apply to a combination which includes a disabled vehicle being removed from a highway, if the oversize or overweight combination does not travel on the highway more than 75 miles from the point of disablement. If the disablement occurred on a limited access highway, the distance to the nearest highway exit shall be added to the 75-mile limit. b. A heavy-duty tow truck may, in combination with the towed unit(s), exceed the axle, dimension and weight limits for tow trucks and towed unit combinations but shall not exceed 150,000 pounds gross combined weight. This provision shall not affect 39: concerning liability for damages and does not exempt the vehicle from the height and weight restrictions marked or posted on a bridge or overpass. A heavy-duty tow truck in combination with towed unit(s) may not operate at more than 45 miles per hour when the combination weighs more than 80,000 pounds, one or more of its axles exceeds the limits prescribed in the Table above, or the combination exceeds the maximum length and width standards. c. The Chief administrator may promulgate regulations regarding the issuance, if good cause appears, of a special permit authorizing an exception to this chapter. The

7 special written permit must be in the possession of the operator of the vehicle or equipment for which the permit was issued. The permit may allow the operation or movement of a vehicle or special mobile equipment: (1) Transporting one piece loads that cannot be dismembered, dismantled or divided to comply with the weight limits; (2) Transporting a load or cargo that cannot be dismembered, dismantled or divided in order to comply with the dimension limits; and (3) Under emergency conditions, of a size or weight which exceeds the maximum size or weight limits. d. If the Commissioner of Transportation has designated certain routes within the State for use by a combination with a maximum dimension, the combination may not be located or operated on any other public highway or public or quasi-public property in this State, unless permitted by regulations. e. The axle weight limits set forth in this chapter apply to all vehicles registered in New Jersey. f. The maximum gross axle weight limits do not apply to vehicles registered as "constructor" or "solid waste" vehicles or to a combination drawn by a "constructor" or "solid waste" vehicle, except that the limits apply to vehicles registered as "solid waste" when operated on a highway which is part of the National System of Interstate and Defense Highways, as provided at 23 U.S.C. 103(e). g. 39:3-84(b)(5) applies to vehicles registered as "constructor" or "solid waste" or to a combination drawn by a "constructor" or "solid waste" vehicle, except if the vehicle is operated 30 miles or less from the headquarters of the construction operation. Those vehicles are limited to the maximum gross vehicle weight shown on their registration certificate. The Commissioner of Transportation may adopt regulations providing for exemptions from the provisions of 39:3-84(b)(5) for vehicles registered as "solid waste", or combinations in which the "solid waste" vehicle is the drawing vehicle, and vehicles less than 73,280 pounds, and regulations regarding time limits, distinctions among classes of vehicles, or other conditions. h. The Chief administrator may adopt regulations providing for exemptions for a transitional period from the provisions of 39:3-84(b)(5) for the following: (1) Tandem-axle dump trucks; (2) Two-axle, three-axle and four-axle dump trucks; (3) Five-axle dump trailers; (4) Three-axle and four-axle ready-mix transit trucks; (5) Four-axle and five-axle flatbed tractor trailers; (6) Five-axle bulk carriers; (7) Two-axle, three-axle, four-axle and five-axle liquid bulk carriers; (8) Two-axle and three-axle emergency equipment wreckers;

8 and (9) Solid waste front-end and rear-end loaders; (10) Solid waste four-axle roll-offs; (11) Four-axle and five-axle waste transfer tractor trailers; (12) Two-axle, three-axle, four-axle and five-axle general freight carriers; (13) Intermodal ocean containers. Source: 39:3-84; 39: This information contained in this section is substantially the same as the source sections but has been streamlined and consolidated. Subsection (h) refers to exemptions adopted for a transitional period. That section was enacted in 1950 and last modified in There may no longer be a need for that transitional period language. This will be checked with the MVC. 39A:DW-5. Violations of permissible weights and measurements a. For the purposes of this section, the term driver shall include the driver, operator, owner, lessee or bailee. b. Officers have authority as follows to require the driver of a vehicle on a public highway or public or quasi-public property to facilitate and permit the measurement or weighing of the vehicle to determine if its size or weight is in excess of that permitted: (1) State Police officers have exclusive authority to conduct random roadside examinations to determine whether size or weight exceeds the limits and may, with or without probable cause, require a driver to move a vehicle to a location for measurement or weighing or both; (2) Municipal or county police officers, peace officers or inspectors have authority to require a driver to move to a location for measurement or weighing only if the officer has probable cause to believe the size or weight of the vehicle or combination exceeds the limits; and (3) The State Police and the Chief administrator have the exclusive authority to establish and operate locations for measurement and weighing of vehicles. All measuring and weighing devices at those locations must be certified by the State Superintendent of Weights and Measures. Documents displaying the Superintendent's seal or certification are prima facie evidence of the reliability and accuracy of the devices utilized. c. When an officer or inspector determines that a vehicle s size or weight exceeds the limits permitted, the officer or inspector shall require the driver to stop the vehicle in a suitable place and remain there until a portion of the load or contents is removed by the driver or duly appointed agent, to reduce the size or weight to the limits permitted by this chapter or by the certificate of registration, whichever is lower. All materials unloaded or removed are the risk and responsibility of the driver of the vehicle or agent. d. A vehicle shall not be deemed to be in violation of the weight limit if its dispatch papers show it is proceeding from its most recent freight pickup point within the

9 State by a reasonably expeditious route to the nearest available scales or first available scales in the general direction in which it has been dispatched, or is returning from the scales after weighing-in to the most recent pickup point. e. When an officer determines a vehicle is in violation of the maximum gross axle weight limits, but is within the permissible maximum gross vehicle weight, the driver or agent shall be permitted to redistribute the weight before proceeding so that no axle or combination thereof exceed the limits, in which event there is no violation. f. When an officer determines a vehicle is in violation of the height, width or length limits, the driver or agent shall be permitted, before proceeding, to adjust, reduce or conform the vehicle so that the vehicle is not in excess of the height, width, or length limits, in which event there is no violation. g. This section does not apply to a vehicle located or operated on any highway in this State which is designated part of the National Interstate System, as provided at 23 U.S.C. s. 103(e). No arrest shall be made or summons issued for a violation of the weight limitations provided in 39:3-84(b) if the excess weight is no more than 5% of the weight permitted, if the gross weight of the vehicle or combination, does not exceed the maximum gross weight of 80,000 pounds. h. A person who prepares, possesses, or presents to an officer dispatch papers which do not correspond to the cargo carried is guilty of a class C offense. i. A driver of a vehicle who fails or refuses to stop and submit the vehicle to measurement or weighing or fails to comply with this section, is guilty of a class C offense. j. The owner, lessee, bailee, or any one of them, of a vehicle located or operated on a public highway or a public or quasi-public property in this State in violation of the height, width or length limits, is guilty of a class C offense. k. The owner, lessee, bailee, or any one of them, of a vehicle located or operated on a public highway or a public or quasi-public property in this State, with a gross weight in excess of the weight limits, is guilty of a class C offense. In the case of a vehicle carrying a sealed ocean container, the shipper, the consignee, or both, shall be liable for a violation of the maximum gross axle weight limitations. l. When a vehicle is found to be in violation of two or more of the weight limits, the fine levied shall be only for the violation involving the greatest excess weight. m. The driver, owner, lessee, bailee, or any one of them, of any combination vehicle located or operated on a public highway or a public or quasi-public property in the State in violation of the regulations of the Commissioner of Transportation regarding designated routes for combination vehicles, is guilty of a class C offense for the first violation and a subsequent violation is a class B offense. The officer may direct that the combination vehicle proceed by the most direct route to a permitted route or return to a permitted route by way of the route already traversed. Source: 39:

10 This section is substantially same as the source section, but has been streamlined. The section designates penalty according to the new penalty classification system contained in 39A:44-GP1. 39A:DW-6. Liability for damage by overweight vehicles a. A person operating a vehicle or other object in excess of the gross weight limits on any highway or highway structure, whether temporary or permanent, is liable for all damage the highway or structure may sustain as a result of any such operation. The damage may be recovered in a civil action brought by the authorities in control of the highway or structure. b. The fact that the vehicle or object causing the damage was operated or moved within the size and weight limitations in this chapter or permitted by a special permit, shall not be accepted as a defense to any action if damage is caused to highways or bridges posted for lower weight limits. When the driver is not the owner of such vehicle or object, but is operating it with express or implied permission of the owner, the owner and driver shall be jointly and severally liable for damage. Source: 39: This section is substantially same as the source section, but has been streamlined.

11 VEHICLES OR APPARATUS OF UNUSUAL SIZE OR WEIGHT 39A:SW-1. Moving heavy machinery or apparatus a. A person may move overweight or oversized vehicles, apparatus or machinery, including road building machinery, vehicles, traction engines, rollers and structural units incapable of dismemberment, on trailers or semitrailers, along or across a public highway if the trailers or semitrailers have been registered with the Chief Administrator for a $200 fee. Registration is not required of vehicles registered in another state which exempts properly registered New Jersey vehicles from its registration requirements. b. In addition to registration, a permit must be obtained from the Chief Administrator for State highways, from the county supervisor(s) for county roads or from the duly authorized official(s) for municipal roads. The trailer or semitrailer shall be loaded and operated to avoid damage to the surface of any public highway, bridge or railroad crossing. The gross weight of the combination of vehicle and load shall be limited to 800 pounds for each inch of width of the tires on all wheels. A permittee shall be responsible in money damages to the municipality, county, State Highway Chief Administrator or railroad company maintaining a crossing if the permittee fails to comply with the statutes or regulations governing the use of the highway or crossing, or the rules governing the movement authorized under the permit. c. A trailer or semitrailer between 96 and 144 inches wide, used to transport divisible loads for industrial processing or storage, may be registered with the Chief Administrator for $200. A registered trailer or semitrailer may be operated on a public highway, except limited access highways, if the distance operated on the highway does not exceed 1,000 feet from the point of entrance to the point of exit and if the vehicle has a valid permit. The movement may be made at any hour of any day with no escort vehicles required. The distance limitation shall not apply when the vehicle is empty and proceeding to or from an inspection, service, maintenance, or repair facility. d. The Chief Administrator, board of chosen freeholders and municipality may by regulation or resolution, as appropriate, adopt rules regarding the issuance and use of permits not contrary to this chapter, and may impose reasonable permit fees. No permit may be issued unless the appropriate state, county or municipal official is reasonably satisfied as to the financial responsibility of the applicant to meet claims for damages which may arise and reasonable evidence of the financial responsibility is filed with the official. Source: 39:4-26; 39:4-27. This section contains the substance of the original sections and has been consolidated. 39A:SW-2. Limitations on movement of heavy machinery or apparatus a. No overweight or oversized vehicle, apparatus or machinery having a height, including load or equipment or apparatus, in excess of 14 feet shall be operated, driven, propelled or conveyed along or across a public highway with overhead wires unless

12 employees of the entity responsible for those wires are present prepared to supervise any movement or change in the wires, or to make immediate repairs in case of damage. b. No overweight or oversized vehicles, apparatus or machinery shall be operated, driven, propelled or conveyed along the tracks of a street railway except between 9:00 p.m. and 6:00 a.m. Source: 39:4-28; 39:4-29 This section contains the substance of the original sections and has been consolidated. 39A:SW-3. Limitations on chapter a. This chapter does not apply to any road building machinery, vehicle, traction engine, steam roller ( road building machinery ) or other apparatus or machinery running upon railroad or street railway tracks, or a private railroad or railway, spur track or switch. b. A license shall not be required for road building machinery or other apparatus or machinery while actually used in any type of construction. Such road building machinery or other apparatus or machinery may be operated or drawn, subject to the following conditions: (1) An individual or business entity may, for such machinery or equipment, obtain general registration and license plates with the word "temporary" or "in-transit" stated thereon if the Chief Administrator is satisfied as to the financial responsibility of the owner to meet any claim for damages arising out of an accident and satisfactory evidence of such responsibility has been filed with the Chief Administrator. (2) The annual fee for the issuance of a certificate of registration, or duplicate, and five sets of "temporary" or "in-transit" plates bearing a number corresponding to the certificate of registration shall be $100. (3) Temporary or in transit plates can be placed on any road building machinery or other apparatus or machinery, owned or operated by the individual or business entity to whom the registration is issued, only in moving to and from the location of any type of construction. Source: 39:4-30. This section contains the substance of the original. 39A:SW-4. Violations Violation of this chapter is a class D offense. The fine shall be paid to the board or body charged with maintaining the highway on which the violation occurred. Source: 39:4-31. This section contains the substance of the original.

13 This section designates the penalty according to the new penalty classification system contained in 39A:44-GP1. In keeping with the revised penalty provisions, references to incarceration for non-payment of the fine have been removed.

14 LOADS AND LOADING OF VEHICLES 39A:LL-1. Overweight vehicles on interstate bridges a. A motor vehicle shall not be driven over a bridge in this State if the gross weight of the vehicle and load is greater than the gross posted weight limit of the bridge. b. Signs warning operators that they are approaching a bridge with a maximum gross weight limit shall be posted in a conspicuous place upon the bridge or immediately adjacent to it and at the last safe exit or detour preceding the bridge. These signs shall indicate the maximum gross weight permitted on the bridge and shall be in accordance with the current standards prescribed by the Manual on Uniform Traffic Control Devices for Streets and Highways. The signs shall be posted and maintained by the entity with jurisdiction over the bridge. c. Violation of this section is a class B offense. d. The owner and operator of a vehicle used in violation of this section shall be responsible to the governmental or other entity owning or maintaining the bridge, for any damage done to the bridge by reason of the violation. Source: 39:4-75. This section contains the substance of the original. Subsection (c) designates the penalty according to the new penalty classification system contained in 39A:44-GP1. 39A:LL-2. Overweight vehicles on intrastate bridges a. A vehicle shall not be driven over any interstate bridge owned or maintained in whole or in part by this State, upon which is posted in a conspicuous place a sign stating the gross weight that the bridge will carry, if the gross weight of any such vehicle and the load is greater than the gross weight stated on the sign. b. A person violating this section, and the owner of a vehicle driven upon a bridge in violation of this section, with a gross weight or with weight on any axle or wheel exceeding by more than 3% the maximum weight allowed, shall be fined $0.02 for each pound of excess weight if the excess does not exceed 10,000 pounds, and $0.03 for each pound of excess weight if the excess weight exceeds 10,000 pounds, but in no event less than $50. c. The owner of a vehicle driven in violation of this section shall, in addition to the penalty prescribed above, be responsible to the entity having control of the bridge, for damages done to any bridge by reason of a violation of this section. d. Money received from penalties imposed for violations of this section shall be forwarded by the Chief Administrator to the State Treasurer. Source: 39:4-76.

15 This section contains the substance of the original. Penalties in subsection (b) have not been included in the classification system. If, after further research, it appears that it is appropriate to do so, the language will be changed. 39A:LL-3. Loading a. A person shall not cause or permit a vehicle to be loaded or to operate a vehicle loaded so that the contents or any part thereof may be scattered in any highway. When the load of a vehicle is of material other than farm products susceptible to scattering on a highway and the load extends above the height of the sides, tail gate or rear of the body of the vehicle, the load shall be securely covered by a tarpaulin or other cover. b. Where public safety warrants, the Chief Administrator shall, after a public hearing, prescribe by regulation the minimum safety standards for fastening loads on and fix loading procedures for a commercial type flat bed motor vehicle. Any regulation promulgated by the Chief Administrator shall be filed in the Secretary of State's office and copies shall be available, upon request, in the Chief Administrator's office. c. The owner, lessee, bailee, or operator of a vehicle found on a highway in violation of a safety standard or procedure prescribed by the Chief Administrator shall be guilty of a class C offense. Source: 39:4-77. This section contains the substance of the original. Subsection (c) designates penalty according to the new penalty classification system contained in 39A:44-GP1. 39A:LL-4. Specific loads A person shall not load or drive a vehicle loaded with iron or other material that may strike together, unless it is properly deafened to cause no unnecessary noise. Source: 39:4-78. This section contains the substance of the original. 39A:LL-6. Loading An operator shall not allow a vehicle to stand backed to the curb when loading or unloading, except when it is impracticable to load or unload it while standing parallel to the curb. No vehicle may completely block the passage of another vehicle or street car by remaining backed up to the curb. When necessary to back up to the curb, the towing vehicle in any combination of vehicles shall stand as nearly parallel as practicable to the curb and face the direction of traffic. Source: 39:4-79. This section contains the substance of the original.