(Cty. Ct. 1971), aff’d. as mod. 120 N.J. Super. 203 (App.
Div. 1972), that with reference to the question of the
authority of county police to enforce load, i.e., weight,
restrictions on county bridges, it would be incongruous
to hold that county policemen are without power to
compel adherence to load restrictions on public highways
in this State. 165 N.J. Super. at 181. The court found
that the provisions of N.J.S.A. 40A:14-107 are to be read
in pari materia with those at N.J.S.A. 39:3-84.3.
State v. Youngstown Cartage Co., 105 N.J. Super. 223
(Law Div. 1969), held that the provisions of N.J.S.A.
39:3-20, regarding registration weight limits for vehicles
registered in New Jersey, were inapplicable to a vehicle
registered in another jurisdiction. It is not the function
of law enforcement officers in New Jersey to enforce the
registration weight limitations of a sister jurisdiction.
A. Commercial Driver License Act
The New Jersey Commercial Driver License Act
[CDL Act], N.J.S.A. 39:3-10.9 et seq. became effective
and operative on November 9, 1990. The essential
elements of the CDL Act include: a requirement that all
operators of commercial motor vehicles must have a CDL
endorsement on their driver’s license in order to drive and
operate a commercial motor vehicle (N.J.S.A. 39:3-
10.18 and -10.19); the term commercial motor vehicle
is defined to mean vehicles with a gross vehicle weight
rating [GVWR] of 26,001 pounds or more, including a
power unit and any trailers, a vehicle transporting
passengers for hire, if the vehicle can carry, including the
driver, 8 or more persons, any vehicle with a capacity,
including the driver, of 16 or more people (N.J.S.A. 39:3-
10.11); and every commercial motor vehicle subject to
the CDL Act must display the vehicle’s GVWR on the
vehicle (N.J.S.A. 39:4-46b).
In addition, the CDL Act contains new and specific
violations and penalties. No person can operate a
commercial motor vehicle subject to the CDL Act with an
alcohol concentration of 0.04% or more. N.J.S.A. 39:3-
10.13. Operators of commercial motor vehicles are
subject to an implied consent statute requiring
submission to chemical breath testing and a refusal to
submit to breath testing will subject the operator to
penalties. N.J.S.A. 39:3-10.24. In addition to any other
penalties which may be provided by law, the CDL
endorsement of an operator who was operating a
commercial motor vehicle can be suspended, for a first
offense for up to 3 years, and for a second or subsequent
violation the CDL endorsement can be revoked for life,
for a DWI, CDL/DWI, or refusal, leaving the scene of an
accident, commission of a crime, operating a commercial
motor vehicle while the operator’s CDL endorsement is
suspended or revoked. N.J.S.A. 39:3-10.20a. If the
commercial motor vehicle was transporting hazardous
materials, the suspension is mandated to be 3 years.
N.J.S.A. 39:3-10.20b. If the commercial motor vehicle
was used in the commission of a crime involving the
manufacture, distribution or dispensing of CDS or CDS
analogs, the CDL endorsement is revoked for life.
N.J.S.A. 39:3-10.20e. Finally, a CDL endorsement
must be suspended for 60 days, for a second offense, and
for 120 days for a third or subsequent offense, if the
conviction is for a “serious traffic violation” (as defined at
N.J.S.A. 39:3-10.11). N.J.S.A. 39:3-10.20f. “Serious
traffic violations” include: excessive speeding at 15 mph
or more above the speed limit; reckless driving; improper
or erratic lane changes; following a vehicle too closely; a
violation arising from a fatal motor vehicle accident or
traffic control; or other violation relating to traffic control
as determined by the Secretary of Transportation at 49
C.F.R. §383.5.State v. Parkins, 263 N.J. Super. 423 (Law Div.
1993), held that the municipal court, as the trial court,
had abused its discretion to amend a traffic summons to
charge the driver of a commercial motor vehicle with a
CDL learners permit, for operating a commercial motor
vehicle in the absence of a valid CDL operator. The Law
Division concurred that the operator had been in
violation of N.J.S.A. 39:3-10.18, but the original
summons only charged him with a violation of N.J.S.A.
39:3-10, being an unlicensed driver. The Law Division
concluded, that notwithstanding the provisions of R.
7:10-2 which permits the trial court to amend a traffic
summons, the amendment in this case charged a new and
completely different offense to that which had been
originally charged, and the new offense was not a lesser
included offense to the original. Rather the new offense
carried a more severe penalty.XVI. PLEA BARGAINING
The Supreme Court adopted Part VII, a new set of
Comprehensive Rules for Courts of Limited Jurisdiction
(Municipal Courts) on February 1, 1998. Appendix to
Part VII entitled “Guidelines for Operation of Plea
Agreements in the Municipal Courts of New Jersey”
contains Guideline 4. Limitations. The Supreme Court
has directed that “No plea agreements whatsoever will be
allowed in drunken driving or certain drug offenses.”
Those offenses are: Driving while under the influence of
liquor or drugs (N.J.S.A. 39:4-50) and refusal to provide
a breath sample (N.J.S.A. 39:4-50.2); Possession of