June 17, 2025

TO:                 NJMTA Members

FROM:           Eric DeGesero, EDGE Consulting

There are two proposed regulations which have upcoming comment period deadlines that your company may be interested in submitting comments on. NJMTA is submitting comments on both:

NJ Department of Labor and Workforce Development – ABC Test/Independent Contractor                                                                                                                                

The NJ Department of Labor and Workforce Development has proposed regulations to “clarify” the test to determine independent contractor status. According to the NJDOLWD the impetus for this rule-making is a 2022 NJ Supreme Court decision. To read the NJDOLWD press release on this rule-making click here. (link to proposed regulation included). Originally the comment period was to have closed July 4, 2025 but that date was extended to August 6, 2025 and a public hearing was added for next Monday June 23, 2025, click here. (public comment sign-up).

While this is a public hearing to solicit input on newly proposed regulations do not expect any positive changes. Positive change can only come about as the result of a change in legislation, which this is not. NJMTA will use this opportunity to remind the NJDOLWD that independent contractors in the trucking industry are distinguishable from other industries. NJMTA will also submit written comments.

If you wish to testify at the hearing, please click on the link above (public comment sign-up). If you wish to submit written comments the deadline is August 6, 2025. 

South Jersey Transportation Authority –      Atlantic City Expressway:

The South Jersey Transportation Authority runs the Atlantic City Expressway. As NJMTA has previously advised, in the May 5, 2025, NJ Register there is a proposal to amend the regulations related to the transportation of hazardous materials on the AC Expressway.

The summary of the new rule states: “New N.J.A.C. 19:2-4.4(b) includes a proposed $ 50.00 processing fee related to all notifications submitted for transporting of gasoline and hazardous materials.” However, the proposed new rule reads differently than the summary, specifically that proposed NJAC 19:2-4.4 (b) reads, “…radioactive materials or devices, and transportation of Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined at 49 CFR 173… shall be subject to the prior written approval of the Authority. All notifications for such approval shall be made, in writing, addressed to the Director of Operations and shall provide, to the satisfaction of the Authority, that the shipment shall comply in all respects with the provisions at 49 CFR 171 through 178 and 397. The fee for processing the notification for such approval shall be $ 50.00. All approvals granted shall be subject to annual renewal.”

(all below is proposed new)

19:2-4.4 Transportation of dangerous articles

(a) The transportation or shipment on the Roadway of any hazardous materials, as defined at Part 172 of the regulations of the United States Department of Transportation (49 CFR 172), shall be subject to the requirements at Parts 171 through 178 inclusive of such regulations (49 CFR 171 through 178) governing the preparation of the materials for transportation, construction of containers, packing, weighing, marking, labeling, billing, and certification of such materials.

(b) The transportation or shipment on the Roadway of radioactive materials or devices, and transportation of Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined at 49 CFR 173, shall be subject to the prior written approval of the Authority. All notifications for such approval shall be made, in writing, addressed to the Director of Operations and shall provide, to the satisfaction of the Authority, that the shipment shall comply in all respects with the provisions at 49 CFR 171 through 178 and 397. The fee for processing the notification for such approval shall be $ 50.00. All approvals granted shall be subject to annual renewal.

(c) The Authority reserves the right to withhold the approval pursuant to (b) above, and to prohibit entry to the Roadway of any carrier of any hazardous materials, despite compliance with the aforementioned Federal regulations or any other pertinent regulations or law, if, in the Authority's opinion, the transportation or shipment will be likely to endanger life or property.

(d) No person shall transport in excess of five gallons any gasoline or other flammable liquids in containers in private vehicles. Commercial vehicles carrying flammable liquids shall be appropriately placarded in accordance with 49 CFR 172.500. In addition, all packages transported and carrying liquids regulated within this subsection shall be labeled in accordance with 49 CFR 172.400.

(e) Any operator, owner, or lessee of a vehicle on the Roadway that contains any hazardous material shall be subject to all provisions and penalties of the United States Code, the New Jersey Statutes, and the New Jersey Administrative Code.

(f) In the event of a discharge of hazardous materials on the Roadway, all remedial efforts shall be conducted in compliance with the laws of the State of New Jersey and the rules and regulations of the New Jersey Department of Environmental Protection and/or Federal statutes and regulations.

EDGE Consulting has arranged a call with the SJTA to discuss the incongruity between the summary and rule itself as it relates to certain flammable HAZMAT i.e., gasoline (and by extension propane, and combustibles diesel/heating) as well as what new requirements they are looking to require for radioactive and certain explosives. The call is this Thursday June 19, 2025.

If you haul radioactive materials or devices, and transport Division 1.1, 1.2, 1.3, and 1.4 explosives, on the AC Expressway and wish to participate respond to me at edegesero@edgeconsulitngnj.com. Link to the rule is here. Comments must be submitted by July 4, 2025.