39:3-79.11 - Systematic maintenance check program required; violations, penalties - New Jersey Statutes

39:3-79.11  Systematic maintenance check program required; violations, penalties.

2.  a. An intermodal equipment provider shall not tender for interchange in New Jersey with a motor carrier  an intermodal chassis that has not passed the systematic maintenance check program required by this act or that fails to meet the requirements set forth in the Federal Motor Carrier Safety Regulations, 49 C.F.R. sections 393 and 396. Any intermodal equipment provider tendering to, or interchanging with, a motor carrier such equipment shall provide certification that the chassis is currently in compliance with the SMC program set forth in this act.

b.An intermodal equipment provider that violates this section shall be assessed a civil administrative penalty by the department up to $5,000, per occurrence, commensurate with the gravity of the offense.  A civil administrative penalty imposed pursuant to this subsection may be recovered by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

c.Nothing in this act is intended to supersede or interfere with  the commercial motor vehicle inspection requirements and standards set forth in 49 C.F.R. sections 393 and 396.  Rather, this act imposes an additional requirement that an intermodal equipment provider inspect chassis on a routine basis and as otherwise required by this act.

L.2005,c.234,s.2; per s.13, act effective on September 1, 2006 and to expire on certain federal actions.