NJSA 39:3-84.1
39:3-84.1.  Application of weight limitations
    a.  The axle weight limitations as provided at R.S. 39:3-84b. shall apply to  all vehicles registered in New Jersey subsequent to March 1, 1950, which have  not been registered therein or contracted for purchase by New Jersey residents  prior to that date.  The weight limitations provided at R.S. 39:3-84b. (1);   R.S. 39:3-84 b. (2);  and R.S. 39:3-84 b. (3) relative to maximum gross axle  weights shall not apply to vehicles registered as "constructor"  or  "solid  waste"  vehicles or to a combination of vehicles of which the  "constructor"  or  "solid waste"  vehicle is the drawing vehicle as provided at R.S. 39:3-20,  except that said limitations shall apply to vehicles registered as  "solid  waste"  when operated on any highway which is part of the National System of  Interstate and Defense Highways, as provided at 23 U.S.C. s. 103(e).  Except as  otherwise provided in this section, the provisions of R.S. 39:3-84b. (5) shall  apply to vehicles registered as "constructor"  or  "solid waste"  or to a combination of vehicles of which the "constructor"  or  "solid waste" vehicle  is the drawing vehicle as provided in R.S. 39:3-20, except that for any vehicle  registered as a  "constructor" or any combination of vehicles of which the  drawing vehicle is registered as a  "constructor,"  the provisions of R.S.  39:3-84b. (5) shall not apply; provided the vehicle or combination of vehicles  is operated within an area that is 30 miles or less from the point established  as a headquarters for the particular construction operation.  Vehicles  registered as  "constructor"  or "solid waste"  or a combination of vehicles  of which the  "constructor"  or "solid waste"  vehicle is the drawing vehicle  shall be limited to a maximum gross vehicle weight, including load or contents,  as shown on the registration certificate of that vehicle.

    b.  The Commissioner of Transportation is authorized to adopt rules and regulations providing for exemptions from the provisions of R.S. 39:3-84b. (5) for the following:

    (1) Vehicles registered as  "solid waste"  or combinations of vehicles of which the  "solid waste"  vehicle is the drawing vehicle as provided in R.S. 39:3-20.

    (2) Vehicles not in excess of 73,280 pounds.

     The commissioner is also authorized to adopt rules and regulations providing for any time limits, distinctions among classes of vehicles, or other  conditions with respect to these exemptions.

    c.  In addition to any exemptions provided for by regulations adopted pursuant to subsection b. of this section, the commissioner is authorized to adopt rules and regulations providing for exemptions for a transitional period from the provisions of R.S. 39:3-84b. (5) for the following:

    (1) Tandem-axle dump trucks;

     (2) Five-axle dump trailers;

     (3) Two-axle dump trucks;

     (4) Tri-axle dump trucks;

     (5) Four-axle dump trucks;

     (6) Three-axle and four-axle ready-mix transit trucks;

     (7) Four-axle and five-axle flatbed tractor trailers;

     (8) Five-axle bulk carriers;

     (9) Two-axle, three-axle, four-axle and five-axle liquid bulk carriers;

     (10) Two-axle and three-axle emergency equipment wreckers;

     (11) Solid waste rear-end loaders;

     (12) Solid waste front-end loaders;

     (13) Solid waste four-axle roll-offs;

     (14) Four-axle and five-axle waste transfer tractor trailers;

     (15) Two-axle, three-axle, four-axle and five-axle general freight carriers;   and

     (16) Intermodal ocean containers.

     L.1950, c. 142, p. 282, s. 3.  Amended by L.1954, c. 166, p. 673, s. 1; L.1958, c. 2, p. 19, s. 1;  L.1973, c. 373, s. 2, eff. Jan. 7, 1974;  L.1977, c. 51, s. 4, eff. July 1, 1976;  L.1983, c. 349, s. 3;  L.1983, c. 374, s. 1.
 
NJSA 39:3-84.2
39:3-84.2.  Repeal
    Sections 39:3-83, 39:3-85 and 39:4-73 of the Revised Statutes are hereby repealed.

     L.1950, c. 142, p. 283, s. 4.
 
NJSA 39:3-84.3
39:3-84.3   Measurement, weighing to determine compliance; fines for operating on prohibited routes.

 5. a. Officers shall have authority as set forth in paragraphs (1) through (3) of this subsection to require the driver, operator, owner, lessee or bailee of any vehicle or combination of vehicles found on any public road, street, or highway or any public or quasi-public property in this State to facilitate and permit the measurement or weighing of the vehicle or combination of vehicles, including load or contents, for the purpose of determining whether the size or weight of the vehicle or combination of vehicles, including load or contents, is in excess of that permitted in this Title:

 (1) Officers of the Division of State Police shall have the exclusive authority to conduct random roadside examinations for the purpose of determining whether size or weight is in excess of that permitted in this Title, and officers of the Division of State Police shall have the authority, with or without probable cause to believe that the size or weight is in excess of that permitted, to require the driver, operator, owner, lessee or bailee, to stop, drive or otherwise move to a location for measurement or weighing and submit the vehicle or combination of vehicles, including load or contents, to measurement or weighing;

 (2) Police or peace officers or inspectors appointed by any municipality or county shall have the authority to require the driver, operator, owner, lessee or bailee to stop, drive or otherwise move to a location for measurement or weighing and submit the vehicle or combination of vehicles, including load or contents, to measurement or weighing, only if the officer has probable cause to believe that the size or weight of the vehicle or combination of vehicles, including load or contents, is in excess of that permitted by this Title; and

 (3) The Division of State Police and the director shall have the exclusive authority to establish and operate locations for the measurement and weighing of vehicles, including load and contents, and all measuring and weighing devices or scales employed at such locations shall be approved and certified by the State Superintendent of Weights and Measures or the State Superintendent's agent.  Copies of documents displaying the State Superintendent's seal or certification shall be prima facie evidence of the reliability and accuracy of the measuring or weighing devices or scales utilized.

 b. Whenever the officer, upon measuring or weighing a vehicle or combination of vehicles, including load or contents, determines that the size or weight is in excess of the limits permitted in this Title, the officer or inspector shall require the driver, operator, owner, lessee or bailee to stop the vehicle or combination of vehicles in a suitable place and remain in that place until a portion of the load or contents of the vehicle or combination of vehicles is removed by the driver, operator, owner, lessee, bailee or duly appointed agent thereof, as may be necessary to conform or reduce the size or weight of the vehicle or combination of vehicles, including load or contents, to those limits as permitted under this act, or permitted by the certificate of registration for the vehicle or combination of vehicles, whichever may be lower.  All materials so unloaded or removed shall be cared for by the driver, owner, operator, lessee or bailee of the vehicle or combination of vehicles, or duly appointed agent thereof, at the risk, responsibility and liability of the driver, owner, operator, lessee, bailee or duly appointed agent thereof. 

 c. No vehicle or combination of vehicles shall be deemed to be in violation of the weight limitation provision of this act, when, upon examination by the officer, the dispatch papers for the vehicle or combination of vehicles, including load or contents, show it is proceeding from its last preceding freight pickup point within the State of New Jersey by a reasonably expeditious route to the nearest available scales or to the first available scales in the general direction towards which the vehicle or combination of vehicles has been dispatched, or is returning from such scales after weighing-in to the last preceding pickup point. 

 d. When the officer determines that a vehicle or combination of vehicles, including load or contents, is in violation of the weight limitations of this Title as provided at paragraph (1) of subsection b. of R.S.39:3-84; paragraph (2) of subsection b. of R.S.39:3-84; paragraph (3) of subsection b. of R.S.39:3-84; or paragraph (5) of subsection b. of R.S.39:3-84 relative to maximum gross axle weights, but is within the permissible maximum gross vehicle weight of this Title as provided at paragraph (4) of subsection b. of R.S.39:3-84 or paragraph (5) of subsection b. of R.S.39:3-84, whichever is applicable, the driver, operator, owner, lessee, bailee or duly appointed agent thereof shall be permitted, before proceeding, to redistribute the weight of the vehicle or combination of vehicles or the load or contents of the vehicle or combination of vehicles so that no axle or combination of consecutive axles are in excess of the limits set by this act, in which event there is no violation. 

 e. When the officer determines that a vehicle or combination of vehicles, including load or contents, is in violation of the height, width or length limits of this Title as provided at subsection a. of R.S.39:3-84, the driver, operator, owner, lessee or bailee of the vehicle or combination of vehicles or duly appointed agent thereof shall be permitted, before proceeding, to adjust, reduce or conform the vehicle or combination of vehicles, including load or contents, so that the vehicle or combination of vehicles, including load or contents, are not in excess of the height, width, or length limits set by this act, in which event there is no violation. 

 f. The provisions of this subsection shall not apply to a vehicle or combination of vehicles, including load or contents, found or operated on any highway in this State which is part of or designated as 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 this act at subsection b. of R.S.39:3-84 where the excess weight is no more than 5% of the weight permitted, provided the gross weight of the vehicle or combination of vehicles, including load or contents, does not exceed the maximum gross weight of 80,000 pounds as set forth at paragraph (4) of subsection b. of R.S.39:3-84. 

 g. Any person who presents to the officer, or has in his possession, or who prepares false dispatch papers, that is to say, dispatch papers which do not correspond to the cargo carried, shall be subject to a fine not to exceed $300. 

 h. Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit the vehicle or combination of vehicles, including load or contents, to measurement or weighing, as provided in this Title, or otherwise fails to comply with the provisions of this section, shall be subject to a fine not exceeding $200.00. 

 i. The owner, lessee, bailee or any one of the aforesaid of any vehicle or combination of vehicles found or operated on any public road, street or highway or on any public or quasi-public property in this State in violation of the height, width or length limits as set forth in subsection a. of R.S.39:3-84 shall be fined not less than $150.00 nor more than $500.00.

 j. The owner, lessee, bailee or any one of the aforesaid of any vehicle or combination of vehicles found or operated on any public road, street or highway or on any public or quasi-public property in this State, with a gross weight of the vehicle or combination of vehicles, including load or contents, in excess of the weight limitations as provided at subsection b. of R.S.39:3-84 or section 3 of P.L.1950, c.142 (C.39:3-84.1) shall be fined an amount equal to $0.02 per pound for each pound of the total excess weight; provided the total excess weight is 10,000 pounds or less, or shall be fined an amount equal to $0.03 per pound for each pound of the total excess weight; provided the total excess weight is more than 10,000 pounds, but in no event shall the fine be less than $50.00.  However, in the case of any vehicle or combination of vehicles carrying a sealed ocean container, either the shipper, the consignee or both, shall be liable for a violation of the weight limitations as provided at subsection b. of R.S.39:3-84 relative to maximum gross axle weights.

 k. Whenever a vehicle or combination of vehicles, including load or contents, is found to be in violation of any two or more of the weight limitations as provided at subsection b. of R.S.39:3-84 or section 3 of P.L.1950, c.142 (C.39:3-84.1), the fine levied shall be only for the violation involving the greater or greatest excess weight.

 l. The driver, owner, lessee, bailee or any one of the foregoing of any combination of vehicles found or operated on any public road, street or highway or on any public or quasi-public property in the State in violation of the regulations of the Commissioner of Transportation regarding designated routes for such combinations as provided in subsection e. of R.S. 39:3-84 shall be fined not more than $400 for the first offense, and shall be subject to a fine of $700 for the second offense and a fine of $1,000 for each subsequent offense.  The officer may direct that a combination of vehicles so found or operated proceed by the most direct route to a permitted route or return to a permitted route by making use of the route already traversed.

 L.1950,c.142,s.5; amended 1951, c.356; 1955, c.86; 1956, c.165; 1957, c.161, s.1; 1961, c.113, s.3; 1963, c.166, s.2; 1966, c.209, s.3;1975, c.92, s.1;1983, c.349, s.4;1983, c.403, s.12;1993, c.12, s.2;1994, c.60, s.33;1999, c.348, s.3.
 
NJSA 39:3-84.4
39:3-84.4.  Damage to highways or structures by overweight vehicles; liability
    Any person driving any vehicle, object or contrivance referred to in section  39:3-84 of the Revised Statutes, in excess of the gross weight limits set forth  therein upon any highway or highway structure, whether temporary or permanent,  shall be liable for all damage which said highway or highway structure may  sustain as a result of any such operation, driving or moving of such vehicle,  object or contrivance.

    Such damage may be recovered in a civil action brought by the authorities in  control of such highway or highway structure.

    The fact that the vehicle, object, or contrivance causing the damage was being operated, driven or moved within the size and weight limitations authorized in this Title or permitted by a special permit as provided by law, shall not be accepted as a defense to any action brought as provided herein if damage is caused to highways or bridges posted for less weight limits than those set forth in this act.

    Whenever the driver is not the owner of such vehicle, object or contrivance,  but is so operating, driving or moving the same with the express or implied  permission of said owner, then the owner and the driver shall be jointly and  severally liable for any damage.

     L.1950, c. 142, p. 284, s. 6.
NJSA 39:3-84.5
39:3-84.5.  Partial invalidity
    If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective it shall be valid and effective and no other section, subsection, clause or provision of  this act shall on account thereof be deemed invalid or ineffective, and the  inapplicability or invalidity of any section, subsection, clause or provision  of this act in any one or more instances or under any one or more circumstances  shall not be taken to affect or prejudice in any way its applicability or  validity in any other instance or under any other circumstance.

     L.1950, c. 142, p. 284, s. 7.
 
NJSA 39:3-84.6
39:3-84.6   Definitions relative to tow trucks.

 1. As used in this act:

 "Director" means the Director of the Division of Motor Vehicles in the Department of Transportation.

 "Division" means the Division of Motor Vehicles in the Department of Transportation.

 "Garage keeper's legal liability" means the protection of customer vehicles under various conditions pertaining to specific garage functions.

 "Heavy-duty" means a gross weight of at least 32,000 pounds.

 "Light-medium duty" means a gross weight of less than 32,000 pounds.

 "Marker" means a type of vehicle identification issued by the director to be displayed on a tow truck.

 "Towing company" means any person or entity owning or operating a tow truck service for compensation.

 "Tow truck" means a motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of vehicles and other objects.

 "Transporter" means equipment designed to transport more than one vehicle on a non-emergency basis.

 L.1999,c.396,s.1.
 
NJSA 39:3-84.7
39:3-84.7   Issuance of distinctive markers, license plates for tow trucks; fee.

 2. a. Unless determined otherwise by the director pursuant to subsection b. of this section, the director shall issue distinctive markers for tow trucks operating under the provisions of this act.  A fee of $25 annually shall be charged for such markers.  The fee for such markers is in addition to the fees otherwise prescribed by law for the registration of motor vehicles and the amount received from the fees shall be annually appropriated to the department to defray costs incurred by the division in issuing the markers and implementing the provisions of P.L.1999, c.396 (C.39:3-84.6 et al.). The markers shall be available for tow trucks in two gross weight categories: light-medium duty and heavy-duty.  The markers for each weight category shall have distinctive features.

 b. The director may issue, in lieu of markers issued pursuant to subsection a. of this section, license plates for tow trucks operating under the provisions of this act.  The license plates shall be issued for 12 months upon the filing of an application pursuant to section 3 of P.L.1999, c.396 (C.39:3-84.8) and upon payment of the registration fee.  A surcharge on the registration fee shall be imposed by the director in the amount of $25 and the amount received from the surcharge shall be annually appropriated to the department to defray costs incurred by the division in issuing the plates and implementing the provisions of P.L.1999, c.396 (C.39:3-84.6 et al.).  The plates shall be available for tow trucks in two gross weight categories:  light-medium duty and heavy-duty.  The plates for each weight category shall have distinctive features conspicuous to passing motorists.

 c. A person shall not operate or offer to operate a tow truck to tow, winch, or otherwise move a motor vehicle for any direct or indirect compensation unless the tow truck displays the proper marker or valid tow truck license plate issued by the Division of Motor Vehicles pursuant to this act.  The director may exempt tow trucks that meet the definition of an apportioned vehicle pursuant to section 21 of P.L.1995, c.157 (C.39:3-6.11) from the requirement to display a tow truck license plate.

 L.1999,c.396,s.2.
NJSA 39:3-84.8
39:3-84.8   Information contained in application for tow truck registration.

 3. a. An application for tow truck registration shall contain the following information:

 (1) The name and address of the towing company's principal owner or owners;

 (2) The address of the principal business office of the towing company;

 (3) The location of any garage, parking lot, or other storage area, where motor vehicles or other objects moved by the towing company may be stored or placed;

 (4) A valid certificate of insurance and a schedule of insured vehicles that are to be utilized by the towing company from an insurer authorized to do business in the state, including the amounts of the garage keeper's legal liability coverage and any "on hook" coverage as an endorsement or contained in a separate schedule, and liability insurance coverage, including in the case of each light-medium duty tow truck, motor vehicle liability insurance coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of at least $750,000 single limit, and in the case of each heavy-duty tow truck, motor vehicle liability insurance coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of at least $1,000,000 single limit; and

 (5) Documentation of the manufacturer's gross vehicle weight rating for each tow truck.

 If a system for the licensure of towing companies has been established pursuant to section 4 of P.L.1999, c.396 (C.39:3-84.9), the towing company shall include in the application a copy of the license issued to it pursuant to that section.

 b. Except as otherwise provided in this act, the registration for these vehicles shall be issued and renewed pursuant to the provisions of this Title.

 L.1999,c.396,s.3.
 
NJSA 39:3-84.9
39:3-84.9   System for licensure of towing companies.

 4.  The director may establish a system for the licensure of towing companies.  A towing company may be licensed by the director upon submission of an application and payment of a reasonable application fee, comparable to that of similar licenses issued by the director, sufficient to cover the cost of implementing the provisions of this act and to be prescribed by the director.  The director may require annual renewal of applications for licensure and may stagger renewal dates and adjust the application fees accordingly.

 L.1999,c.396,s.4.
 
NJSA 39:3-84.10
39:3-84.10   Suspension, revocation, refusal to renew registration.

 5. The director may suspend, revoke or refuse to issue or renew any registrations issued pursuant to this act upon proof that the applicant:

 a. Used fraud or deception in securing such registration;

 b. Violated any provision of this act; or

 c. Has been convicted of theft of a motor vehicle.

 L.1999,c.396,s.5.
NJSA 39:3-84.11
39:3-84.11   Display of valid license plates, markers on tow truck.

 6. A towing company shall display valid tow truck license plates or markers as required by law on each of its tow trucks.  The name of the towing company and the municipality and state where the business is located shall be conspicuously displayed on all tow trucks used by the company as provided by law and regulation.  Transporters shall be exempt from the provisions of this act.

 L.1999,c.396,s.6.
 
NJSA 39:3-84.12
39:3-84.12   Authority of political subdivision.

 7. The provisions of this act shall preempt a political subdivision from regulating, requiring or issuing any registration, license plate or marker or surety registration of any towing company.  This section shall not limit the existing authority of a political subdivision to:

 a. License and collect a general and nondiscriminatory tax upon all businesses;

 b. License and collect a tax upon towing operations domiciled within its jurisdiction; or

 c. Impose any additional requirements or conditions as part of any contract to perform towing and recovery services for that jurisdiction.

 L.1999,c.396,s.7.
 
NJSA 39:3-84.13
39:3-84.13   Violations, fine.

 8. A towing company operating a light-medium duty tow truck without displaying a proper marker or valid tow truck license plate as required by this act or violating section 6 of this act shall be subject to a fine of $600 for the first offense and a fine of $900 for each subsequent offense and a towing company operating a heavy-duty tow truck without displaying a proper marker or valid tow truck license plate as required by this act or violating section 6 of this act shall be subject to a fine of $1,200 for the first offense and a fine of $1,800 for each subsequent offense.  A person or towing company knowingly displaying a false tow truck marker or license plate or using fraud or deception in securing tow truck registration under this act shall be subject to a fine of not less than $1,000 nor more than $7,500.

  L.1999,c.396,s.8.
NJSA 39:3-84.14
39:3-84.14   Rules, regulations.

 10. The director shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act.

 L.1999,c.396,s.10.
 
NJSA 39:3-85.1
39:3-85.1.  Stolen motor vehicles or registration plates;  notification of police
    Any person or persons whose motor vehicle has been stolen, and any person or  persons whose registration plates have been lost or stolen, shall immediately  notify the chief of police or other peace officer within whose jurisdiction the  theft or loss occurred.

    Any person or persons who have given any such report shall immediately, upon  the recovery of same, notify the chief of police or other peace officer to whom  the original report had been made, of the recovery of the motor vehicle or  registration plates.

     L.1938, c. 352, p. 880, s. 1.

NJSA 39:3-85.2
39:3-85.2   Reports to State Police, commission.

 2. Every chief of police or other peace officer in the State of New Jersey, upon receiving reliable information that any motor vehicle has been stolen or any registration plates have been lost or stolen, shall within twenty-four hours report this information to the Superintendent of State Police and the commission.

 Any chief of police or other peace officer, upon receiving reliable information that any motor vehicle or registration plates, which he previously reported as stolen or lost has been recovered, shall within twenty-four hours report the fact of such recovery to the Superintendent of State Police and the commission.

 L.1938,c.352,s.2; amended 2003, c.13, s.46.