New Jersey Diesel Pumping laws?

AudiLikeA4

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I heard it's legal to pump your own diesel in NJ. Anyone got any legal proof of this? Links or page's I could print would be appreciated.

Thanks
 

20IndigoBlue02

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I haven't been arrested yet.

Plus, really, the only time I get out of the car is when I insist to top off (vent)

There are some stations where the diesel is on a separate island, where gas attendants don't give a poop and not bothering pumping your car.
 

Occams_Razor

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Anyone got any legal documents? bill #'s or something?
TITLE 34. LABOR AND WORKMEN'S COMPENSATION
CHAPTER 3A. FILLING OR SERVICE STATIONS

N.J. Stat. § 34:3A-4 (2004) Findings, declarations

The Legislature finds and declares that:

a. Because of the fire hazards directly associated with dispensing fuel, it is in the public interest that gasoline station operators have the control needed over that activity to ensure compliance with appropriate safety procedures, including turning off vehicle engines and refraining from smoking while fuel is dispensed;

b. At self-service gasoline stations in other states, cashiers are often unable to maintain a clear view of the activities of customers dispensing gasoline, or to give their undivided attention to observing customers; therefore, when customers, rather than attendants, are permitted to dispense fuel, it is far more difficult to enforce compliance with safety procedures;

c. The State needs stronger measures to enforce both compliance by customers with the ban on self-service and compliance by attendants with safety procedures;

d. The higher general liability insurance premium rates charged to self-service stations reflect the fact that customers who leave their vehicles to dispense gasoline or other inflammable liquids face significant inconveniences and dangers, including the risks of crime and fall-related personal injury, which are a special burden to drivers with physical infirmities, such as the handicapped and some senior citizens;

e. Exposure to toxic gasoline fumes represents a health hazard when customers dispense their own gasoline, particularly in the case of pregnant women;

f. The significantly higher prices usually charged for full-service gasoline in states where self-service is permitted results in discrimination against low income individuals, who are under greater economic pressure to undergo the inconvenience and hazards of dispensing their own gasoline;

g. The increasing use of self-service has contributed to the diminished availability of repair facilities and maintenance services at gasoline stations;

h. Even in filling stations which offer both self-service and full-service gasoline, customers are less likely, because of the much higher price usually charged for full service, to have attendants make needed maintenance checks, thus causing significant neglect of maintenance and danger both to the customers and to other motorists, as well as the unneeded costly repairs which often result from deferred maintenance;

i. The prohibition of customer self-service does not constitute a restraint of trade in derogation of the general public interest because the Legislature finds no conclusive evidence that self-service gasoline provides a sustained reduction in gasoline prices charged to customers; and

j. A prohibition of self-service gasoline will therefore promote the common welfare by providing increased safety and convenience without causing economic harm to the public in general.

HISTORY: L. 1989, c. 263, § 1.


N.J. Stat. § 34:3A-5 (2004) Definitions

As used in this act:

"Attendant" means a retail dealer or employee of a retail dealer.

"Commissioner" means the Commissioner of Labor.

"Fuel" means any liquid commonly or commercially known or sold as <font color="red"> gasoline, or other inflammable liquid, </font> which is sold for use as fuel in the internal combustion engines of motor vehicles.

"Gasoline station" or "station" means a place of business located in the State and used for the retail sale and dispensing of fuel into the tanks of motor vehicles.

"Retail dealer" means a person operating a gasoline station.

HISTORY: L. 1989, c. 263, § 2.
and the section I think you are looking for:

N.J. Stat. § 34:3A-7 (2004) Training, supervision of attendants

No person shall dispense fuel at a gasoline station, unless the person is an attendant who has received instructions regarding the dispensing of fuel, had practical experience dispensing fuel under the direct supervision of an experienced operator for a period of not less than one full working day, and, upon examination at the end of that period, demonstrated his understanding of those instructions. The instructions shall include a full explanation of the prohibitions of section 3 of this act and any emergency procedures established pursuant to section 8 of this act.

HISTORY: L. 1989, c. 263, § 4.
 

FowVay

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I have to say that this paper is the biggest pile of crap I've ever read. It's a shame that our government is paid to come up with this junk.
 

Neil Womack

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Either Washington or Oregon restricts customer dispensed gasoline. Can't remember which. But do remember the panic ed reaction I got when I started filling my own.

Heck of a way to get full employment huh.

Did I read someplace that New Jersey restricted the sale of raw or partially cooked eggs? No over easy eggs!
 

scooperhsd

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All I've got to say is that "if it is so dangerous to dispense, then WHY are we letting vehicles run around with it in the tank ?"
 

dqa

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So this means it's illegal to pump your own diesel in NJ too?
No. The definition of the word "fuel" includes gasoline, but not diesel, under Jersey law.

From the link dubvulture posted above, see my post.
 

Occams_Razor

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I guess in New Jersey they take quite literally the exception to every rule doctrine:

From the previously indicated post:

Found this:

N.J.A.C. § 12:196-1.1


NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2004 by the New Jersey Office of Administrative Law

*** THIS FILE INCLUDES ALL REGULATIONS PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 36. NO. 8, APRIL 19, 2004 ***


TITLE 12. DEPARTMENT OF LABOR
CHAPTER 196. SAFE DISPENSING OF RETAIL GASOLINE
SUBCHAPTER 1. REQUIREMENTS

N.J.A.C. § 12:196-1.1

§ 12:196-1.1 Purpose; scope

(a) The purpose of this chapter is to provide reasonable standards for:

1. The prohibition of the self service of gasoline and other inflammable liquids at retail gasoline stations;

2. The training and certification of attendants; and

3. The installation of safety signs and equipment and the establishment of procedures to enhance safety at retail gasoline stations.

(b) The provisions of this chapter shall be applicable to:

1. The operation of retail gasoline stations; and

2. The training and certification of attendants at retail gasoline stations.

(c) The provisions of this chapter will not be applicable to:

1. The operation of marine service stations;

2. The operation of service stations for the fueling of aircraft;

<font color="red">3. The dispensing of diesel fuel; </font> or

4. The operation of employer gasoline stations that are solely for the use of a company's employees and are not open to the public.
 

Frank M

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that can't something the NJ law makers formed.
You must had edited it so we could all have a good laugh......
 

FloridaTDI

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I have to laugh each summer when I stop for fuel on the Jersey Turnpike and watch as some driver gets out and argues with the attendants about pumping the gas. What I still marvel at, as my diesel is pumped for me anyway, is that NJ still manages to sell fuel a lot cheaper than New York and most other states. Does NJ have a low gas tax to make up for the attendants? Or is this just another example of different laws of physics that apply only in the United State of New Jersey?
 

Occams_Razor

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Got a link to where you found the info?
I work for the largest online database of laws in the United States but you need a subscription to get access.

If you want you can get a copy of the NJ law I quoted by going to the link of the thread posted above or to NJ Laws.

I have not found a source of NJ regulations freely available online.
 

whitedog

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So, if you are an attendant at one station and have received this training, then you may pump your own gasoline.

I wonder if you get a card to carry around so that yo ucan prove that you are allowed to pump your own.

It sounds very much like the wording in Oregon's law which means that they both are stupid.

When I fuel up, I out and let the attendant start filling, then I make small talk and ask if I may top it off. I haven't been refused in a few years, but if I ever am, I just go elsewhere.
 

romad

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I've said "Look at my license plate - I'm not from New Jersey so it doesn't apply" A lot of time that will confuse them enough. Or if you are driving an early Generation II Prius with the bladder type fuel tank that requires special care in filling, you can ask if they have "Prius fueling training". Then you can say you'll show them the proper method. Since this takes waay longer then they want to spend, they'll probably leave you alone.
 

jjblbi

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I live in NJ and pump my own diesel, the exception is on the Parkway (2-3 times) where it was easier to let them do it than argue with the attendants.

"Does NJ have a low gas tax to make up for the attendants?" I once read a news article which stated lower station owner liability insurance in NJ due to the lack of self serve. If that means lower fuel prices for me I'm OK. And if gasoline ends up in my car, I did it!

While fueling the motorcycle or boat the attendant usually points the nozzle down and shakes it then hands it to me to use. I am grateful they let me dispense the gasoline.
 

Rico567

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that can't something the NJ law makers formed.
You must had edited it so we could all have a good laugh......
You've clearly not done much reading of the law.

"People should not know too much about how laws and sausages are made."

- Otto von Bismarck
 

romad

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Remember that legislators have to PASS the laws before they can read them to see what is in the laws.
 

El Dobro

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Once I've let the attendant start the pump going, I've finished the pumping of gas and diesel myself.
 

cmitchell

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The law doesn't apply to diesel in Oregon. There are actually several Shell stations with signs that read "Diesel is self-service". There are, however, some station owners/managers who don't understand the law. They ARE allowed to set the rules at their stations I suppose. I just don't fuel up at them. :)
 
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http://lwd.dol.state.nj.us/labor/lsse/laws/Retail_Gasoline_Act_and_Regs.html#19612

Safe Dispensing of Retail Gasoline

CHAPTER 196

SUBCHAPTER 1. REQUIREMENTS

12:196-1.1 Purpose; scope

(a) The purpose of this chapter is to provide reasonable standards for:

  1. The prohibition of the self service of gasoline and other inflammable liquids at retail gasoline stations;
  2. The training and certification of attendants; and
  3. The installation of safety signs and equipment and the establishment of procedures to enhance safety at retail gasoline stations.
(b) The provisions of this chapter shall be applicable to:

  1. The operation of retail gasoline stations; and
  2. The training and certification of attendants at retail gasoline stations.
(c) The provisions of this chapter will not be applicable to:

  1. The operation of marine service stations;
  2. The operation of service stations for the fueling of aircraft;
  3. The dispensing of diesel fuel; or
  4. The operation of employer gasoline stations that are solely for the use of a company's employees and are not open to the public.
12:196-1.2. Definitions

"Inflammable liquid" means flammable liquid.

"Flammable liquid" means a liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Centigrade) and having a vapor pressure not exceeding 40 pounds per square inch (psi) absolute (2.068 millimeters/mercury (mm/Hg) at 100 degrees Fahrenheit (37.8 degrees Centigrade) and shall be known as a Class I liquid.


Diesel Flash Point = 125F minimum
http://www.hess.com/ehs/msds/9909dieselfuelalltypes.pdf

So, diesel is not a Class I flammable liquid and you can pump in yourself in New Jersey.
 

boertje

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The law doesn't apply to diesel in Oregon. There are actually several Shell stations with signs that read "Diesel is self-service". There are, however, some station owners/managers who don't understand the law. They ARE allowed to set the rules at their stations I suppose. I just don't fuel up at them. :)
Thats what I love about CFN which is what I use especially when in Oregon. You can pump your own gas or diesel since so many of those are unmanned.
 

whitedog

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robinwarrior007, that is the truth, but, if NJ is anything like OR, if you showed that to the typical folks at the pumps, you would get a blank stare. (BTW, I have been the guy working the pumps before.)
 

whitedog

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Thats what I love about CFN which is what I use especially when in Oregon. You can pump your own gas or diesel since so many of those are unmanned.
Don't yo need to buy a certain amount of fuel each month to qualify for a card?
 
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