Bill Text: NJ A3520 | 2024-2025 | Regular Session | Introduced


Bill Title: Requires passenger vehicles to undergo safety inspection for equipment and credentials that affect safe operation of vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-05 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3520 Detail]

Download: New_Jersey-2024-A3520-Introduced.html

ASSEMBLY, No. 3520

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED FEBRUARY 5, 2024

 


 

Sponsored by:

Assemblyman  JOE DANIELSEN

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Requires passenger vehicles to undergo safety inspection for equipment and credentials that affect safe operation of vehicle.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the inspection of certain motor vehicles and amending various sections of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  R.S.39:8-1 is amended to read as follows:

     39:8-1.  a.  (1)  Every motor vehicle registered in this State which is used over any public road, street, or highway or any public or quasi-public property in this State, and every vehicle subject to enhanced inspection and maintenance programs pursuant to 40 C.F.R. s.51.356, except motorcycles, historic motor vehicles registered as such, collector motor vehicles designated as such pursuant to this subsection, and those vehicles over 8,500 pounds gross weight that are under the inspection jurisdiction of the commission pursuant to Titles 27 and 48 of the Revised Statutes, shall be inspected by designated inspectors or at official inspection facilities to be designated by the commission or at licensed private inspection facilities.  [Passenger] In addition to the safety inspections required pursuant to paragraph (2) of this subsection, passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27 inspected pursuant to this section shall only be inspected for emissions and emission-related items such as emission control equipment and on-board diagnostics.  The commission shall adopt rules and regulations establishing a procedure for the designation of motor vehicles as collector motor vehicles, which designation shall include consideration by the commission of one or more of the following factors: the age of the vehicle, the number of such vehicles originally manufactured, the number of such vehicles that are currently in use, the total number of miles the vehicle has been driven, the number of miles the vehicle has been driven during the previous year or other period of time determined by the commission, and whether the vehicle has a collector classification for insurance purposes.

     (2)  Passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27 inspected pursuant to this section shall undergo a safety inspection by a designated inspector, at an official inspection facility designated by the commission, or at a licensed private inspection facility.  The safety inspection shall include an evaluation for the presence and function of the following equipment within the motor vehicle and proof of the following credentials for the owner or operator of the motor vehicle:

     (a) a horn, as required pursuant to R.S.39:3-69;

     (b) stoplights, as required pursuant to section 2 of P.L.2013, c.230 (C.39:3-66.3);

     (c) headlamps, tail lamps, and turn signals, as required pursuant to R.S.39:3-61;

     (d) a windshield and windshield wipers, as required pursuant to R.S.39:3-75 and R.S.39:3-74;

     (e) rear view mirrors, as required pursuant to R.S.39:3-71;

     (f) tires, as required pursuant to R.S.39:3-72;

     (g) seatbelts, as required pursuant to section 2 of P.L.1999, c.308 (C.39:3-76.2);

     (h) a valid driver's license for the owner or operator of the motor vehicle, as issued pursuant to R.S.39:3-10;

     (i) a valid registration certificate, as issued pursuant to
R.S.39:3-4;

     (j) an active vehicle insurance policy, as required pursuant to section 1 of P.L.1972, c.197 (C.39:6B-1); and

     (k) any other equipment or credentials that the commission deems appropriate for the safe operation of the motor vehicle.

     b.    The commission shall determine the official inspection facility or private inspection facility at which a motor vehicle, depending upon its characteristics, shall be inspected.  The commission, with the concurrence of the Department of Environmental Protection, may exclude by regulation from this inspection requirement any category of motor vehicle if good cause for such exclusion exists, unless the exclusion is likely to prevent this State from meeting the applicable performance standard established by the United States Environmental Protection Agency. The commission may determine that a vehicle is in compliance with the inspection requirements of this section if the vehicle has been inspected and passed under a similar inspection program of another state, district, or territory of the United States.

(cf: P.L.2010, c.29, s.1)

 

     2.  R.S.39:8-3 is amended to read as follows:

     39:8-3.  a. No certificate of approval shall be issued by an examiner, official inspection facility, or private inspection facility until the motor vehicle inspected successfully passes inspections for emissions and emission-related items such as emission control equipment and on-board diagnostics required by the chief administrator and the mechanism, brakes and equipment of the motor vehicle inspected have been found to be in a proper and safe condition and complying with the laws of this State.

     b.    Notwithstanding subsection a. of this section, no certificate of approval shall be issued by an examiner, official inspection facility, or private inspection facility for a passenger [automobiles] automobile registered in accordance with R.S.39:3-4 or R.S.39:3-27 [and] or a noncommercial [trucks] truck registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27 that [are only inspected] until the motor vehicle inspected successfully passes inspections for emissions and emission-related items such as emission control equipment and on-board diagnostics pursuant to R.S.39:8-1 [and that successfully pass such inspections shall be issued a certificate of approval] , as well as the safety inspections required pursuant to paragraph (2) of subsection a. of R.S.39:8-1.

     c.     Notwithstanding the issuance or non-issuance of a certificate of approval, the obligation to ensure that a vehicle is in a proper and safe condition rests with the owner, operator or lessee, as appropriate, of the vehicle.

(cf: P.L.2010, c.29, s.3)

 

     3.  R.S.39:3-61 is amended to read as follows:

     39:3-61.  [(a)] a.  Every motor vehicle other than a motor cycle and other than a motor-drawn vehicle shall be equipped on the front with at least two headlamps, an equal number at each side, and with two turn signals, one on each side; and on the rear with two tail lamps, two or more stop lamps, as prescribed by section 2 of P.L.2013, c.230 (C.39:3-66.3), two turn signals, and two reflectors, one of each at each side; except that a passenger vehicle manufactured before July 2, 1954, and registered in this State may be equipped with one stop lamp, one reflector, and one tail lamp and is not required to be equipped with turn signals.  In addition, every motor vehicle shall be equipped with adequate license plate illumination, and with one or more lamps capable of providing parking light as required in R.S.39:3-62.  Turn signals are not required on the rear of a truck tractor equipped with double-faced turn signals on or near the front and so constructed and located as to be visible to passing drivers.

     [(b)] b.  Every truck tractor manufactured after January 1, 1965, shall be equipped on the front with two clearance lamps, one at each side, and three identification lamps, which shall be in addition to the lamps provided for in paragraph (a) of this section.  Where the cab is not more than 42 inches wide at the front roof line, a single lamp at the center of the cab shall be deemed to comply with the requirement for front identification lamps. Reflectors required on the rear of a truck tractor may be located on the rear of the cab, one at each side.

     [(c)] c.  Every truck 80 inches or more in over-all width except a dump truck and except a truck 80 inches or more in over-all width which is not in excess of 25 feet in over-all length and manufactured prior to January 1, 1965, shall be equipped with the following lamps and reflectors in addition to those provided for in paragraph (a) of this section;

     On the front, two clearance lamps, one at each side, and three identification lamps except that where the cab is not more than 42 inches wide at the front roof line, a single lamp at the center of the cab shall be deemed to comply with the requirement for front identification lamps;

     On the rear, two clearance lamps, one at each side, and three identification lamps;

     On each side, one side-marker lamp and one reflector at or near the front, and one side-marker lamp and one reflector at or near the rear.

     [(d)] d.  Every trailer or semitrailer shall be equipped on the rear with two tail lamps, two stop lamps, two turn signals, and two reflectors, one of each at each side, and with adequate license plate illumination.

     [(e)] e.  Every trailer or semitrailer 80 inches or more in over-all width, except a dump truck trailer, a dump truck semitrailer, or a converter dolly, shall be equipped with the following lamps and reflectors in addition to those provided for in paragraph (d) of this section:

     On the front, two clearance lamps, one at each side;

     On the rear, two clearance lamps, one at each side, and except with respect to cable reel trailers, three identification lamps;

     On each side, one side-marker lamp and one reflector at or near the front, and one side-marker lamp and one reflector at or near the rear; and on any trailer or semi-trailer vehicle 30 feet or more in length, at least one additional side-marker lamp at optional height and at least one additional reflector, the additional lamp or lamps and reflector or reflectors to be at or near the center or at approximately uniform spacing in the length of the vehicle.

     [(f)] f.  Every pole trailer shall be equipped as follows:

     On the rear, two tail lamps, one at each side; two stop lamps, one at each side; two turn signals, one at each side; two reflectors, one at each side, placed to indicate extreme width of the pole trailer; three identification lamps mounted on the vertical center line of the pole trailer or in lieu thereof mounted on the vertical center line of the rear of the cab of the truck tractor drawing the pole trailer and higher than the load being transported.

     On each side, one amber side-marker lamp at or near the front of the load; one amber reflector at or near the front of the load; on the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer; on the rearmost support for the load, one red reflector.

     Nothing in this subsection shall apply to a single axle, skeleton frame trailer, not exceeding 2,500 pounds net weight and not exceeding 80 inches in over-all width which is designed to transport poles and is owned by a public utility as defined in R.S.48:2-13 except that such vehicles shall be required to have on the rear, two tail lamps, one at each side; stop lamps, one at each side; two turn signals, one at each side; two reflectors, one at each side on each side; and one amber side-marker lamp at or near the front of the load.

     [(g)] g.  Every converter dolly not permanently attached to a semitrailer shall be equipped on the rear with one stop lamp, one tail lamp, two reflectors, one at each side, and adequate license plate illumination. These lamps need be lighted only when the converter dolly is being towed singly by another vehicle. A "converter dolly" is a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a trailer.

     [(h)] h.  Every motor cycle shall be equipped with at least one and not more than two headlamps, one tail lamp, one stop lamp, at least one reflector on the rear, adequate license plate illumination and, if a side car or any other extension is attached to the side thereof, one lamp located on the outside limit of the attachment capable of displaying white light to the front.

     [(i)] i.  [Required] All lamps and reflectors required under this section shall be operational and of a type approved by the chief administrator.  [Turn] All turn signals required under this section shall be operational and shall be Class A Type 1 lamps except that on passenger cars, and on commercial vehicles less than 80 inches in over-all width they may be Class B lamps.  Reflectors shall be Class A reflex reflectors except that on passenger cars they may be Class B reflex reflectors.

     [(j)] j.  Required headlamps, tail lamps, clearance lamps, identification lamps, and side-marker lamps shall be lighted and adequate license plate illumination displayed whenever the vehicle other than a converter dolly is upon a highway when lighted lamps are required except when parked and exhibiting lights as provided for in R.S.39:3-62 or when stopped and displaying emergency warning lights or devices as provided for in R.S.39:3-64 or R.S.39:3-54.  Lamps on a converter dolly shall be lighted as provided for in paragraph (g) of this section.  Turn signals on the side toward which a vehicle turn is made shall be flashed to indicate the turning movement.  Stop lamps shall be lighted as provided in section 9 of P.L.1964, c.136 (C.39:3-61.3).

     [(k)] k.  License plate illumination will be deemed to be adequate when either a tail lamp or a separate lamp is so constructed and placed as to illuminate with a white light the rear license plate on a vehicle and render it clearly legible from a distance of 50 feet to the rear.  Any lamp or lamps providing illumination shall be lighted whenever the headlamps or other driving lamps are lighted.

     [(l)] l.  Whenever a law enforcement officer detects a motor vehicle with a lamp not in working order, the driver may be permitted to park the vehicle temporarily at some safe place nearby and make the necessary repairs or replacement to restore the lamp to working order before moving the vehicle, in which event, there is no violation of this Title.

     [(m)] m.  Every motorbus manufactured before January 1, 1960, that has been inspected and approved as to construction and safety devices by the Board of Public Utility Commissioners shall be deemed in compliance with the requirements of this section.

(cf: P.L.2013, c.230, s.1)

 

     4.  This act shall take effect on the first day of the first year following enactment, except that the New Jersey Motor Vehicle Commission may take such anticipatory actions as are necessary in advance thereof to effectuate the provision of this act.

 

 

STATEMENT

 

     This bill requires all passenger vehicles registered in New Jersey, including noncommercial trucks, to undergo a safety inspection of certain equipment and credentials to ensure the safe operation of the vehicle. 

     Under current law, passenger vehicles are only required to be inspected for emissions and emission-related items such as emission control equipment and on-board diagnostics.  This bill provides that these vehicles would also be required to successfully pass a safety inspection.

     Specially, the safety inspections would include an evaluation for the presence and function of the following equipment within the motor vehicle:  a horn, stop lamps, headlamps, tail lamps, turning signals, a windshield and windshield wipers, rear view mirrors, tires, and seatbelts.  In addition to inspecting this equipment, the safety inspection would also include the confirmation of the following credentials for the owner or operator of the motor vehicle: a valid driver's license, a valid vehicle registration, and an active vehicle insurance policy.  The bill also allows the New Jersey Motor Vehicle Commission to add such additional requirements to the safety inspection as it deems appropriation.

     Additionally, this bill amends a section of law to clarify that all head lamps, stop lamps, and turn signals equipped on a vehicle are required to be operational. 

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