State Codes and Statutes

Statutes > New-jersey > Title-39 > Section-39-5b > 39-5b-31

39:5B-31.    Inspection of vehicles     a.   The Superintendent of the State Police may inspect such vehicles, railroad cars, and places of origin or destination in the State of the hazardous materials being transported, as may be necessary to carry out the provisions of P.L. 1983, c. 401 and this amendatory and supplementary act. The superintendent may also break such cargo seals on vehicles and railroad cars as may be necessary to inspect vehicles and railroad cars transporting hazardous  materials to ascertain that packages as defined in 49 C.F.R. s. 171.8 have been properly classified, described, packaged, marked, labeled, blocked and braced  and are in proper condition for shipment.

   b.   The powers exercised by the superintendent pursuant to this section may also be exercised by police officers of the Port Authority of New York and New Jersey, and by personnel of the Department of Transportation duly authorized by the superintendent.  Appropriate personnel of the Department of Environmental  Protection duly authorized by the superintendent may, consistent with federal  regulations, inspect the contents of packages referred to in subsection a. of  this section at places of origin prior to acceptance by the transporter or at  places of destination after acceptance by the consignee.  In addition, personnel of the Department of Environmental Protection so authorized may conduct, in conjunction with and under the direction of State Police personnel, inspections and break cargo seals as described in subsection a. of this section when at off-highway facilities, including, but not limited to, public truck stops, public rest areas, State weigh stations, and commercial motor vehicle inspection stations.

   c.   The Commissioner of Transportation is authorized to adopt, in consultation with the Superintendent of the State Police and pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations governing inspection and breaking of cargo seals by those authorized to do so under this section.  No person not given specific authority in this section to do so shall break cargo seals under this section or otherwise implement the provisions of this section.

   L. 1985, c. 415, s. 2, eff. Jan. 13, 1986.