emergency truck access regulations take effect
Acting Commissioner Kris Kolluri today announced that the New
Jersey Department of Transportation's (NJDOT) proposed emergency
regulations that identify state roadways suitable for 102-inch
wide trucks are in effect.
rules protect motorists' safety by restricting truck traffic as
NJDOT continues its legal fight for a statewide truck ban,” said
Acting Commissioner Kolluri. “Without the emergency rules, 102-inch
wide trucks could lawfully travel on virtually any road in the
state, regardless of whether the roads are physically suited for
proposed rules permit 102-inch trucks to travel exclusively on
state, interstate and county roads that feature
lane widths of at least 11 feet, shoulders and geometric configurations
suitable to safely accommodate large trucks. 102-inch wide standard
trucks may detour off the authorized routes only to the extent
necessary to bypass road closings and route restrictions such
as weight or vertical clearance limits.
emergency rule is effective immediately. Its permanent counterpart,
filed concurrently, will appear in the March 20, 2006 issue of
the New Jersey Register . The public may comment
on the rule through April 19.
proposed the emergency truck access rules in response to the U.S.
Third Circuit Court of Appeals opinion that declared New Jersey's
previous truck access rules unconstitutional. Under the previous
regulations, interstate trucks were required to use the National
Network, which is comprised primarily of the Interstate system.
Trucks were allowed off the National Network only when seeking
reasonable access to food, fuel, repairs or rest. Under
these regulations, intrastate trucks could use both the National
Network and the New Jersey Access Network, comprised primarily
of state highways, since these trucks had either an origin or
destination, or both, within New Jersey.
American Truck Association (ATA) and U.S. Xpress, Inc. challenged
these regulations on the grounds that they violate the Commerce
Clause of the U.S. Constitution. In March 2004, the court
ruled in favor of the ATA, but allowed a stay of New Jersey's
regulations pending an appeal. On February 21, 2006 the
U.S. Third Circuit Court of Appeals issued an opinion on that
appeal and declared the rules unconstitutional . Under
the direction of Governor Jon S. Corzine, NJDOT will appeal this
decision to the U.S. Supreme Court.
proposed rule and a map depicting roadways affected by the rule
are available at http://www.state.nj.us/transportation/freight/trucking/routing.shtm.