Two chapters adopt the federal rulebook, and only one of them adopts the money
New Jersey brings the federal motor carrier rules into state law twice, in two titles, under two different officials, and the two lists are not the same. Reading only one of them produces a confident and incomplete answer, which is why the comparison is set out here rather than the conclusion.
N.J.A.C. 13:60-2.1(a) is the State Police adoption. Pursuant to N.J.S.A. 39:5B-32 the Superintendent “hereby adopts and incorporates, by reference: 1. The Federal Motor Carrier Safety Regulations, and all supplements and amendments thereto,” and then enumerates them: 49 C.F.R. Parts 40, 325, 350, 355, 380, 382, 383, 384, 385, 387, 388, and 390 through 398, inclusive, together with Appendices F and G. Item 10 in the accompanying summary is named in full — “Part 387, Minimum Levels of Financial Responsibility for Motor Carriers.” Financial responsibility is inside this chapter.
N.J.A.C. 16:49-1.2 is the Department of Transportation adoption, and it has two limbs. Subsection (a) adopts, pursuant to N.J.S.A. 39:5B-25 et seq., portions of 49 CFR Parts 107 (Subparts F and G), 171, 172, 173, 174, 177, 178, 179 and 180 — the Hazardous Materials Regulations — “revised as of 2009 and as supplemented and amended,” with air, water and pipeline provisions excluded and named modifications to several sections. Subsection (b) then adopts something broader than a hazmat chapter would suggest: “The Department adopts and incorporates by reference 49 CFR Parts 380, 382, 390, 391, 392, 393, 394, 395, 396, and 397 of the Federal Motor Carrier Safety Administration regulations, revised as of 2009 and as supplemented and amended.”
Set the two lists beside each other and the difference is specific. The Department’s list at 16:49-1.2(b) contains the driver-qualification, hours-of-service, inspection, driving and equipment parts. It does not contain 383 or 384, the commercial driver license parts. It does not contain 385, safety fitness. It does not contain 387. So a chapter that does adopt a substantial run of the Federal Motor Carrier Safety Regulations stops short of the part that sets minimum levels of financial responsibility, while the chapter in the other title carries it.
The two are cross-referenced without being reconciled. N.J.A.C. 13:60-1.3(b) tells the reader that federal rules may reach them either as “adopted or incorporated, by reference, herein by the Superintendent, pursuant to this chapter, or the Commissioner, at N.J.A.C. 16:49” — a signpost to the other chapter with no indication that the two lists differ. A researcher who follows that pointer expecting a mirror will find a subset and may not notice which items are missing.
One scope statement belongs with this, because a grep-shaped answer here would be wrong. The lists above are what those two sections adopt; they are not a claim about which federal parts reach a New Jersey operation by their own terms, and they are not a survey of every New Jersey chapter that touches trucking. What is stated is what was read: 13:60-1.3, 13:60-2.1(a) and (b), and 16:49-1.2(a) and (b), each fetched with a title check confirming the section returned is the section requested. The five-item modification list inside 13:60-2.1(d), where the operative New Jersey departures from the federal text actually live, is worked through on the New Jersey hot shot cell.