39:9-2 Commercial driver exceeding maximum permitted on-duty
39:9-2Hours of duty limited; hours off duty; emergencies
First offense: If default in payment of fine, defendant shall be imprisoned for not more than 5 days
It shall be unlawful for any person to operate, or to require or permit any person to operate, any commercial motor vehicle weighing 26,000 pounds or less that is operated exclusively in intrastate commerce after the operator has been continuously on duty for a longer period than 12 hours, or after the operator has been on duty for more than 12 hours in the aggregate during any 16 consecutive hours. When the operator has been continuously on duty for 12 hours or has been on duty for 12 hours in the aggregate during any 16 consecutive hours, that person shall have at least 10 consecutive hours off duty. The periods of release from duty provided for in this section shall be spent at a place and under circumstances where rest and relaxation from the strain of the duties of driving may be obtained; provided, however, that in case of accident or emergency, the operator of a commercial motor vehicle may complete his run or tour of duty, and neither the operator nor the person who requires or permits that person to drive for a longer period shall be deemed to have violated the provisions of this chapter.
Nothing in this section shall apply to a vehicle designed to transport 16 or more passengers, including the driver, or a vehicle used in the transportation of hazardous materials and required to be placarded in accordance with 49 CFR s.172.500 et seq., or a vehicle that displays a hazardous materials placard.
39:9-4. Violations of chapter; punishment; enforcement; remedies; procedure; revocation of certificate
Any person violating any provision of this chapter shall, upon summary conviction by a court of competent jurisdiction, be sentenced to pay a fine of $25.00 for the first offense and, in default of payment thereof, shall undergo imprisonment for not more than five days; and for each subsequent violation shall be sentenced to pay a fine of $50.00 and, in default of such payment, shall undergo imprisonment for not more than 10 days.
The provisions of this chapter shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of the penalty enforcement law (N.J.S. 2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this chapter:
a. The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in the penalty enforcement law ;
b. The complaint in any such proceeding may be made on information and belief by the director or any police or peace officer of any municipality, any county or the State;
c. A warrant may issue in lieu of summons;
d. Any police or peace officer shall be empowered to serve and execute process in any such proceeding;
e. The hearing in any such proceeding shall be without a jury;
f. Any such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey;
g. Any sums received in payment of any fines imposed in any such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him into the State treasury;
h. The director or judge before whom any hearing under this chapter is had may revoke the license of any person to drive a motor vehicle or the registration certificate of any motor vehicle owned by any person, when such person shall have been guilty of such willful violation of any of the provisions of this chapter as shall in the discretion of the director or judge justify such revocation.
Vercammens Law office represents individuals charged with criminal, drug
offenses, and serious traffic violations throughout New Jersey. Our office
helps people with traffic/ municipal court tickets including drivers charged
with Driving While Intoxicated, Refusal and Driving While Suspended.
Vercammen was the NJ State Bar Municipal Court Attorney of the Year and
past president of the Middlesex County Municipal Prosecutors Association.
and Motor vehicle violations can cost you. You will have to pay fines
in court or receive points on your drivers license. An accumulation of
too many points, or certain moving violations may require you to pay expensive
surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license
suspended. Dont give up! The Law Office of Kenneth Vercammen can provide
experienced attorney representation for criminal motor vehicle violations.
your job or drivers license is in jeopardy or you are facing thousands
of dollars in fines, DMV surcharges and car insurance increases, you need
excellent legal representation. The least expensive attorney is not always
the answer. Schedule an appointment if you need experienced legal representation
in a traffic/municipal court matter.
website provides information on traffic offenses we can be retained to
represent people. Our website also provides details on jail terms for
traffic violations and car insurance eligibility points. Car insurance
companies increase rates or drop customers based on moving violations.
Contact the Law Office
Kenneth Vercammen & Associates, P.C.
for an appointment.
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