MOTOR VEHICLE LAWS & REGULATIONS - NJFB New Jersey .
Common Motor VehicleStatutes and RegulationsImpacting FarmersCompiled as a service of the New Jersey Farm Bureau168 West State StreetTrenton, New Jersey 08608609-393-7163www.njfb.org1
The following four-page Overview of Motor Vehicle Statutes & RegulationsImpacting New Jersey Farmers was developed by the New Jersey Department ofAgriculture.All other information enclosed is to be used as a supplement to the NJDAOverview. In most cases, copies of specifics regulations or statutes are included.Questions, or request for additional information may be directed to New JerseyFarm Bureau, 609-393-71632
AN OVERVIEW OF MOTOR VEHICLE STATUTES & REGULATIONSIMPACTING NEW JERSEY FARMERSDecember 2010 (revised)1. ‘Farmer’ License Plates for Vehicle: N.J.S.A. 39:3-25 allows ‘Farmer’ plates for motor trucks engaged in thecarrying or transportation of farm products, and farm supplies, and not engaged in hauling for hire, exceptfor a truck being operated under contract with a municipality to remove snow. Vehicles with ‘Farmer’plates can now be used for personal use. N.J.A.C. 13:21-12.8 prohibits a vehicle with ‘Farmer’ plates towinga farm implement to travel on any highway that is a part of the National System of Interstate and DefenseHighways, or any highway designated a freeway or parkway.2. ‘Farm Use’ Plates & Farm Tractors Exempt from Registration: Under N.J.S.A. 39:24, ‘Farm Use’ plates canbe issued for farm machinery or farm implements to travel on public highways from one farm to anotherfarm. The hours of operation are limited to sunrise to sunset and cannot be used to travel more than 15miles from the farm. Motor vehicle regulations governing vehicles with ‘Farm Use’ plates can be found inN.J.A.C. 13:21 et. seq. Under N.J.S.A. 39:3-24(c), farm tractors, traction equipment, farm machinery or farmimplements, not for hire, that cannot be operated at a speed in excess of 20 miles per hour need not beregistered with the Division of Motor Vehicles. Farmers are encouraged to keep a copy of the statutoryexemption on hand when operating this farm equipment on the highway.3. Commercial Drivers License (CDL): If a farmer is traveling intrastate, within 150 miles of their farm and nothauling for hire, Federal regulations and NJ’s statute (N.J.S.A. 39:3-10(k)) exempt farmers from CDLs.However, the federal regulations require that a reciprocity agreement must be in place for the exemptionto be recognized during interstate travel. New Jersey has a reciprocity agreement with Delaware andPennsylvania recognizing the CDL exemption. No other state has agreed to sign a reciprocity agreementwith NJ. Farmers are encouraged to keep a copy of the exemption in their vehicle. The agreements can bedownloaded by visiting orvehicles.html#9. For moreinformation on the regulations governing Federal CDL licensing, visit the web at www.fmcsa.dot.gov andlink with the regulations section. A commercial motor vehicle means any self-propelled or towed motorvehicle used on a highway in interstate commerce to transport passengers or property when the vehicle 1)has a GVWR or gross combination weight rating, or gross vehicle weight or gross combination weight of26,001 pounds or more; whichever is less or is designed or used to transport more than 8 passengers(including driver) for compensation; or is designed or used to transport 16 or more passengers, includingdriver, and is not used to transport passengers for compensation.Medical Certificate: Drivers of articulated vehicles, including farm vehicles, with a GCWR of 10,001 poundor more are required to possess a current medical certificate. Drivers who operate straight trucks, includingfarm vehicles, are exempt from medical certificates if all of the following conditions regarding the farmvehicle are met: controlled and operated by a farmer; used to transport either agricultural products, farmmachinery, farm supplies, or both, to or from a farm; not being used as a for-hire motor carrier; notcarrying hazardous materials; and being used within 150 air-miles of the farmer’s farm.4. International Registration Plan (IRP): IRP is a cooperative agreement for registering vehicles that travelinterstate (between states). Commercial vehicles based in NJ will register with the NJ’s Motor Carrier Unitand are issued one apportioned plate (or set of plates) and one cab card that lists all of the states for whichthe vehicle is authorized to travel. IRP covers apportioned vehicles used for transportation of persons for3
hire or designed, used or maintained primarily for the transportation of property and: 1) is a power unithaving two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 lbs.; 2) oris a power unit having three or more axles, regardless of weight; or is used in combination, when the weightof such combination exceeds 26,000 lbs. Commercial vehicle displaying restrictive plates, such as ‘Farmer’plates, are exempt from IRP.NOTE: An agreement was signed between New Jersey and Delaware, New York and Pennsylvania inwhich they recognize New Jersey’s ‘Farmer’ plate exemption. New Jersey views ‘Farmer” plates ascommercial plates (restricted plates). Farmers are encouraged to keep copies of the agreement in thevehicle. Visit orvehicles.html#9 for a copy of theagreements. For additional information concerning IRP, contact the Motor Carrier Unit, IRP Section, at(609) 633-9399 or visit www.state.nj.us/mvc.5. Markings on Commercial Vehicles and USDOT Numbers: Federal regulations require that all commercialvehicles 10,001 pound or more that travel interstate must display their name and USDOT number on bothsides of the power unit. Commercial motor vehicles with ‘Farmer’ plates that travel interstate must have aDOT number displayed. If the vehicle is only used for intrastate travel, New Jersey does not require aUSDOT number. For more details visit www.fmcsa.dot.gov and view the vehicle marking regulations(390.21). To register for a USDOT number, visit www.fmcsa.dot.gov/forms/usdot/Dotno.htm. There is nofee to register for a USDOT number. In addition to the federal requirements, NJ law requires every vehicleuse for commercial purposes, including ‘farmer’ and ‘farm use plates’, to display the name and municipalityno less than three inches high. Commercial motor vehicles with a gross vehicle rating or combined grossvehicle weight rating of 26,001 pounds or more must also display the GVWR.6. Unified Carrier Registration (UCR): Any vehicle 10,001 pounds or more that travels interstate must registerwith the Uniform Carrier Registration (UCR). Under UCR any power units or trailers that travel interstate areassessed a UCR fee. A New Jersey motor carrier, motor private carrier (most farms fall in this category),broker, freight forwarder, or leasing company conducting interstate transportation must choose a singlebase state with which it shall register and pay its UCR agreement fee. UCR fees are based on the size of thefleet. To save money, only register those power units that may travel interstate. Since New Jersey is notenrolled in the UCR program, an entity is required to choose a participating UCR state that is nearest to theentity's principal place of business. When New Jersey becomes a UCR participating state, the entity shall,effective with the first registration year in which the state is a participating state, choose the state as itsbase state. Enforcement of the UCR started on November 15, 2007. NOTE: Before you register with theUCR, you must have a USDOT number. Once you have a USDOT number, you can register on-line at the UCRNational Web site at www.ucr.in.gov and follow the step-by-step instructions.Commercial Trucks & Cargo Vans Require Alerts: All commercial trucks or cargo vans registered in NJ witha cargo area over 18 feet long must have an electronic rear backup monitoring device or a cross-view mirrorlocated at the top left rear corner of the cargo area. “Farmer” plates are considered commercial.Exemption from Diesel Emission Inspection (Puff Test): Diesel-powered motor vehicles with a GVWR of8,500 or more pounds and registered with ‘Farmer’ or ‘Farm Use’ plates are exempt from the periodicdiesel emission inspection requirements. (N.J.A.C. 13:20-26.17) Farmers are encouraged to keep a copy ofthe exemption in their vehicle. Visit the following web site for a copy of the /farmermotorvehicles.html.4
International Fuel Tax Agreement (IFTA): IFTA is an agreement among states and Canadian provinces tosimplify the reporting of fuel taxes by interjurisdictional & interstate motor carriers. ‘Farmer” platedvehicles are exempt from IFTA registration if they do not leave NJ. IFTA regulations require that acommercial vehicle used for transportation of persons or property with at least two axles and a grossvehicle weight exceeding 26,000 lbs. or used in combination, and the combination exceeds 26,000 lbs. orthree or more axles regardless of weight that travels interstate (between states) must register with IFTA.For more information, contact the NJ Division of Motor Vehicles, IFTA Unit, at (609) 633-9400 or visitwww.state.nj.us/mvc/Commercial/IFTA.htm on the web.Agricultural License for Students: An agriculture license (Class G) is only valid for 16-17 years olds, and is tobe used solely for farming purposes (the vehicle cannot be used for personal use). A basic driver license(Class D) can also be used to operate farming vehicles. The restrictions that come with the agriculturallicense include: May only operate vehicles registered under the provisions of N.J.S.A. 39:3-24 (farm tractorsand traction equipment – “Farm Use”) or N.J.S.A. 39:3-25 (“Farmer”); no driving between 11:01 p.m. and5:00 a.m.; you can't use cell phones, hand held video games or any other hand held electronic device; whendriving a farm truck registered pursuant to N.J.S.A. 39:4-24 or 4-25 on public roads, the driver must beaccompanied by an Adult Supervising Driver (at least 21 years old and licensed to drive for at least 3 years)in the front seat (does not apply to farm tractors or traction equipment); passengers shall be limited topersons who share the permit holder's residence and one additional passenger who does not reside withthe permit holder; seatbelts must be worn at all times (does not apply to farm tractors or tractionequipment); and an agriculture license cannot be used to drive any other type of vehicle.7. Reflective Tape on Trailers or Semitrailers: All trailers and semitrailers with an overall width of 80 inches ormore and a GVWR of 10,001 pounds or more must have reflective sheeting or reflex reflectors in federallymandated colors and patterns. For the appropriate location of the material on trailers, visit the web atwww.fmcsa.dot.gov and link with regulation 393.13.Transporting Migrant Workers: Federal regulations (383.3) cover transporting passengers and require aCDL license for commercial motor vehicles used on a highway in interstate commerce to transportpassengers when the vehicle is designed or used to transport more than 16 passengers, including thedriver, and is not used to transport passengers for compensation. Part 398 of the Federal Motor Safety Actis a separate section that covers transportation of migrant workers. This regulation goes into effect whentransporting interstate 3 or more migrant workers to or from employment by any motor vehicle other thana passenger automobile or station wagon for a total distance of more than seventy-five miles. In addition,NJ Motor Vehicle regulations address transporting migrant workers and the driver’s basic qualifications andvehicle safety equipment (N.J.A.C. 13:21 et seq.). Visit the federal regulations section on the web atwww.fmcsa.dot.gov. NOTE: U.S. Department of Labor regulations contain additional provisions for vehiclesafety when transporting workers (29 CFR 500.105).To assist New Jersey’s agriculture industry on the various motor vehicle issues surrounding farmvehicles, the New Jersey Department of Agriculture has established a web site. “Motor Vehicle Lawsand Regulations Impacting Farmers” and copies of the documents mentioned above can be found otorvehicles.html.Questions on these issues and other farm related motor vehicle questions can be directed to:5
Karen KritzAgricultural Economic DevelopmentNJ Department of AgriculturePO Box 330Trenton NJ 08625-0330(609) 984-2506Email: Karen.Kritz@ag.state.nj.us.6
1NJ Statute for “Farmer” Tag39:3-25. In addition to the motor vehicle licenses authorized to be issued pursuant to the provisions ofthis chapter, the administrator shall issue, upon application therefor, a license plate for trucks marked"farmer," which shall be issued upon evidence satisfactory to the administrator that the applicant is a farmerand is actually engaged in the growing, raising and producing of farm products as an occupation. Licenseplates issued under authority of this section shall be placed upon motor trucks engaged in the carrying ortransportation of farm products, and farm supplies, and not engaged in hauling for hire, except for a truckbeing operated under contract with a municipality to remove snow.Applicants for license plates herein authorized shall pay a registration fee of 25 plus 4.25 for each1,000 pounds or portion thereof in excess of 5,000 pounds. If the registration cycle established by theadministrator is for more or less than 11 months, applicants shall pay amounts proportionately less or greaterthan the fees established by law.Except as otherwise provided in this section, every registration for a farm truck shall expire and thecertificate thereof shall become void on the last day of the eleventh calendar month following the month inwhich the certificate was issued; except that the administrator may require registrations which shall expire,and issue certificates thereof which shall become void, on a date fixed by the administrator, which shall notbe sooner than three months or later than 26 months after the date of issuance of such certificates, and thefees for such registrations, including any other fees or charges collected in connection with the registrationfee, shall be fixed by the administrator in amounts proportionately less or greater than the fees establishedby law. The administrator may fix the expiration date for registration certificates at a date other than 11months if the administrator determines that such change is necessary, appropriate or convenient in order toaid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.The term "farmer" as used in this section means any person engaged in the commercial raising, growingand producing of farm products on a farm not less than five acres in area; the term "farm products" meansany crop, livestock or fur products; and the term "farm supplies" means any farm-related supply or repairitem.Amended 1963, c.193; 1981, c.554, s.3; 1984, c.73, s.33; 1995, c.112, s.31, 1996, c.119, s.2; 2005, c.76.7
2New Jersey Statute for “Farm Use” & “Tractor” Plates & Tractor RegistrationExemption39:3-24. Farm tractors, traction equipment; registration; operation; fee39:3-24. (a) The director shall register farm tractors and traction equipment used for farm operation totravel upon the public highways. The fee for such registration shall be 5 per annum, whether the registrationis issued for the yearly period or only a portion thereof. Such traction equipment or farm tractors may drawfarm machinery and implements while in transit from one farm to another without additional registrationtherefor.(b) The director may register motor vehicles, not for hire, used exclusively as farm machinery or farmimplements, to travel upon the public highways, from one farm, or portion thereof, to another farm, orportion thereof, both owned or managed by the registered owner of the vehicle or vehicles. The fee for suchregistration shall be 5 per annum, whether the registration is issued for a yearly period or only a portionthereof. Any vehicle so registered and any truck registered pursuant to the provisions of 39:3-25 of this Titlemay draw not more than one vehicle used exclusively on the farm and a vehicle so drawn need not beregistered. A vehicle registered pursuant to this section or to R.S.39:3-25 may be used under contract with amunicipality to remove snow upon a public highway.(c) No vehicle registered pursuant to this section shall be operated on a public highway at any time fromsunset to sunrise, except a vehicle being operated under contract with a municipality to remove snow. Everysuch vehicle when operated on a public highway shall have means adequate to control the movement of andto stop and hold such vehicle on any up or down grade and shall be operated in accordance with uniformrules and regulations prescribed by the Director of the Division of Motor Vehicles. Such rules and regulationsshall specify the coverings that may be used on the wheels of such vehicles, the days, hours and conditionsunder which such vehicles can be operated, the circumstance under which escort vehicles shall be required,the distance that may be traveled upon the public highways and such vehicle equipment or otherrequirements or restrictions as may be necessary to protect the safety of the users of the public highways.Motor vehicles, not for hire, which are used exclusively as farm tractors, traction equipment, farmmachinery or farm implements which cannot be operated at a speed in excess of 20 miles per hour shall notbe required to be registered under this section.Amended 1938, c.66, s.7; 1947, c.317; 1961, c.71, s.2; 1963, c.128, s.1; 1968, c.130, s.8; 1994, c.60, s.16;1996, c.31, 1996, c.119, s.1.8
2“Farmer” & “Farm Use” NJ Regulations13:21-12.6 Vehicle dimensions(a) Vehicles as described in this Subchapter may notbe operated on a highway when the vehicle, includingSUBCHAPTER 12. FARM VEHICLESload, exceeds a maximum width of eight feet and/ormaximum overall length exceeds 50 feet unless such13:21-12.1 Vehicles exempted from statutory provisions operation is in compliance with the following safetyWithin the restrictions listed in this Subchapter,regulations concerning vehicles in excess of thesevehicles registered under the provisions of N.J.S.A. 39:3regulatory dimensions:24 (self-propelled farm tractors, traction equipment, farm1. Any farm vehicle, implement or machinery, includingmachinery and implements being operated singly or while load, which exceeds eight feet in width and/or 50 feet indrawing other farm implements or machinery), andlength shall display four red flags, one each on the outsideN.J.S.A. 39:3-25 (farmer trucks, while drawing a farmextremities of the vehicle, both front and rear:implement or machine) may be operated on highways ofi.Such flags shall measure not less thanthis State singly or while drawing one piece of farm18 inches square.machinery or implement except that a farm tractor mayii. The top edge of the flags shall not be less than 48 inchesdraw two pieces of farm machinery or implements, one of from the surface of the roadway.which may carry a load, and such vehicles or combinations 2. Any farm vehicle, implement or machinery and/or loadin either case may exceed the commercial vehiclewhich exceeds 12 feet in width and/or 60 feet in lengthdimension limitations as provided for under N.J.S.A. 39:3- will, in addition to the red flags provided for in subsection84.(a) of this Section, require one escorting vehicle whenoperating on a highway.13:21-12.2 Limitation on operation between farms3. Farm vehicles, implements or machinery towed by a farmSuch farm vehicles, machinery or implements may be tractor shall be connected to the motor propelled vehicle oroperated or drawn upon the public highways from oneto the vehicle to
Impacting New Jersey Farmers was developed by the New Jersey Department of Agriculture. All other information enclosed is to be used as a supplement to the NJDA Overview. In most cases, copies of specifics regulations or statutes are included. Questions, or request for additional information may be directed to New Jersey Farm Bureau, 609-393-7163
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