Assemblywoman Marcia Karrow and Assemblyman Michael Doherty

ASSEMBLY APPROVES KARROW-DOHERTY LEGISLATION EXTENDING TIME PERIOD FOR NJ DOT TO CONSIDER NEW RULES REGULATING LARGE TRUCK TRAFFIC

The Assembly today approved legislation sponsored by Assemblywoman Marcia Karrow and Assemblyman Michael Doherty that extends the time period for the New Jersey Department of Transportation (DOT) to consider and address public comment on proposed new rules governing large truck traffic on the state's roads.

The bill, ACR-184, would reduce truck traffic and prevent drivers from taking shortcuts through local communities.
Karrow and Doherty said it is a safety issue.

"This legislation is essential," said Karrow, "If the state's existing truck ban is permitted to expire, it will allow the state's regulation of trucking traffic to expire. If that occurs, we could potentially have large rigs driving through our neighborhoods."

"Without this legislation, the state DOT would only have six days to consider and address comments offered on proposed new rules, before the emergency regulations expire," added Doherty. "That would put our children and all our residents at risk and that's just not acceptable. Six days is insufficient time to renew this much needed truck ban."

New Jersey was the first state to limit interstate through travel of 102-inch wide trucks and double trailer-truck combinations. State regulations limited these trucks to the National Network, the New Jersey Turnpike, and the Atlantic City Expressway for safety reasons.

The American Trucking Associations (ATA) filed suit against the state arguing that the ban burdened interstate commerce in violation of the federal Commerce Clause. The trial court ruled in favor of the ATA. The case was appealed and the Third Circuit Court of Appeals upheld the ruling. As a result, trucks doing business in New Jersey were allowed unlimited access to the roads and highways comprising the New Jersey Access Network, which includes county roads.

The decision left New Jersey with virtually no rules regulating truck traffic. Having an obligation to protect the safety of its residents by regulating truck traffic, the state DOT proposed repealing existing rules and adopting emergency new rules and concurrently proposed new rules for adoption on a non-emergent basis which essentially restored those routing restrictions in place prior to the truck routing network established in 1999.

However, these emergency regulations will expire on April 25, 2006, and the proposed new rules for adoption on a non-emergent basis will not appear in the New Jersey Register until March 20, 2006. By law these rules must be available to the public for comment for a period of 60 days. The Public Comment period on the proposed rules does not close until April 19, 2006.

The period between the close of the public comment period for the permanent non-emergent rules (April 19) and expiration of the emergency regulations (April 25) would leave DOT with merely six days to give due consideration to all public comments received on the proposed new rules filed concurrently with the emergency regulations.

The bill was approved 77 - 0 with one abstention.
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For more information contact:
Assemblywoman Marcia Karrow/908-782-5127
Assemblyman Michael Doherty/908-835-0552
Assembly Republican Office/609-292-5339