New Jersey Administrative Order 2021-05

STATE OF NEW JERSEY
DEPARTMENT OF TRANSPORTATION

CHANGES TO COMMERCIAL VEHICLE
OPERATIONS RELATED TO UNANTICIPATED
SHUTDOWN OF THE COLONIAL PIPELINE

ADMINISTRATIVE ORDER 2021-05

WHEREAS, Colonial Pipeline Company ("Colonial") is the largest refined products pipeline in the United States; and

WHEREAS, Colonial transports approximately 45 percent of all fuel consumed on the East Coast, providing gasoline, diesel, jet fuel, and other refined petroleum products to more than 50 million Americans; and

WHEREAS, on or about May 7, 2021, there was an unanticipated shutdown of the Colonial pipeline system due to network issues that affect the supply of gasoline, diesel, jet fuel, and other refined petroleum products throughout several States, including the State of New Jersey; and

WHEREAS, the availability and delivery of fuel is vital to the preservation of life and economic vitality; and

WHEREAS, on May 11, 2021, the Federal Motor Carrier Safety Administration issued Amended Regional Emergency Declaration No. 2021-002, authorizing an exemption from sections of 49 CFR § 390 through 399 of the Federal Motor Carrier Safety Regulations; and

WHEREAS, the Federal Motor Carrier Safety Administration' s Amended Regional Emergency Declaration No. 2021-002 addresses the emergency conditions creating a need for immediate transportation of gasoline, diesel, jet fuel, and other refined petroleum products and provides necessary relief; and

WHEREAS, the Federal Motor Carrier Safety Administration's Amended Regional Emergency Declaration No. 2021-002 provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting gasoline, diesel, jet fuel, and other refined petroleum products into New Jersey and other affected States during the emergency from shortages due to the shutdown, partial shutdown, and/or manual operation of the Colonial pipeline system; and

WHEREAS, the facilitated movement of vehicles transporting fuel is in the best interest of the citizens of New Jersey; and
 
WHEREAS, the Commissioner of the State of New Jersey Department of Transportation ("Commissioner of Transportation") has authority to regulate traffic on State highways and transportation systems, pursuant to N.J.S.A. 27:1A-5 and N.J.S.A. 39;4-8.3; and

NOW, THEREFORE, on this 12th day of May, 2021, I, Diane Gutierrez-Scaccetti, the Commissioner of Transportation, hereby ORDER the following:

1. Motor carriers and drivers transporting fuel shall be eligible to receive a special permit issued by NJDOT allowing up to a 10% tolerance, for a maximum of 88,000 pounds, on a vehicle with a minimum of five axles, above any weight limit imposed by statute or regulations at N.J.A.C. 13:18-1 et seq., on the Interstates and State Highways or portions thereof except as listed in paragraph 5. This increased tolerance shall be the only increased tolerance applicable to the vehicle and includes gross weight and axle weight.
2. Motor carriers and drivers transporting fuel are allowed up to 88,000 lbs. GVW per fuel delivery truck (5 axles). Said tolerance shall be the only tolerance applicable to the vehicle and includes gross weight and axle weight.
3. Motor carriers and drivers operating with increased weight tolerances or waived or modified hauling permit restrictions must adhere to all county and local jurisdiction restrictions regarding size and weight on roadways and bridges. Weight limits have not been waived by the Amended Federal Motor Carrier Safety Administration Regional Emergency Declaration No. 2021-002. Instead, motor carriers and drivers transporting fuel may apply to the New Jersey Department of Transportation for a special permit for higher weight divisible loads transporting fuel on Interstates and State-operated highways within the State. Motor carriers and drivers must a apply for a permit for any motor vehicle weight from 80,000 lbs. GVW to 88,000 lbs. GVW along Interstate and State Highways only through the web-based portal maintained at https://nj.gotpermits.com/#!
4. The additional increased weight tolerance only applies to all Interstates and State Highways within the State.
5. Notwithstanding the provisions of this Order, the special permit will not be granted for the following bridges that are on the Interstates and the State Highway System:

Route    MP         Structure No.       Structure Name
78          8.71       1014-154              1-78 EB over Norfolk Southern Railroad
78          8.66       1014-156              1-78 WB over Norfolk Southern Railroad
78          56.59     0723-172              1-78 WB ramps exiting to local roads in Newark over Conrail
1&9       51.17     0704-150              US 1&9 {Pulaski Skyway} over Passaic River
1&9       51.85     0901-150             US 1&9 (Pulaski Skyway} over Hackensack River
3            8.49       0204-152              RT. 3 EB over Hackensack River
7            0.42       0909-150              Wittpenn-RTE 7 over Hackensack River
7            9.40      1600-081               Kingsland Rd (NJ 7} over Third River
15         6.93       1424-152              Weldon Road over NJ 15
21         4.50       0716-150              NJ 21 SB over NJ 21 NB Viaduct
27        34.00      2007-151              NJ 27 NB over former CNJRR
31        46.83      2111-154              NJ 31 over Furnace Brook
35        52.46      1223-153              NJ 35 / Perth Amboy Connector
36        5.36        1314-154              RT 36 over Troutmans Creek
139      0.35        0904-151              NJ 139 over Erie Lackawanna RR
206      42.69     1100-002              South Broad Street {US 206}/ Assunpink Creek
206      43.13     3001-151              US RT 206 NB (N. Broad St}/ D&R Feeder Canal

6. Motor carriers and drivers transporting fuel in excess of allowable load limits on the New Jersey Turnpike, Garden State Parkway, Atlantic City Expressway, County, Municipal or Multi-Jurisdictional Authorities shall seek approvals from the appropriate entities with jurisdiction over their roadways, bridges and crossings.
7. Hours of service and any additional relief provided by the Amended Federal Motor Carrier Safety Administration Regional Emergency Declaration No. 2021-002, as applicable to the State of New Jersey, is further incorporated into this Order,
8. Notwithstanding the provisions of this Order, motor vehicles shall not exceed any tire manufacturer's maximum load capacity rating.
9. All other provision of N.J.A.C. 16:32-1.5 remain in full force and effect.
10. Nothing in this Order relieves the motor carrier or driver of the responsibility for safe operation of the vehicle.
11. This Order is not intended to modify or supersede the existing authorities of the New Jersey Attorney General or State Director of Emergency Management, who is the Superintendent of the State Police, regarding roadways within the State.
12. This Order shall take effect at 10:00 pm on May 12, 2021 and shall remain in effect until 11:59 pm on June 11, 2021.

GIVEN, under my hand and seal this 12th day of May 2021

Diane Guiterrez-Scaccetti 
Commissioner of Transportation