New Jersey-2024-S1362-Introduced

An Act concerning traffic regulation, supplementing Title 39 of the Revised Statutes, and amending R.S.39:4-197.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. As used in this section:

"Commissioner" means the Commissioner of Transportation.

"Department" means the Department of Transportation.

"Exhibition driving" means: (1) the operation of a motor vehicle in a manner that results in (a) the excessive, abrupt acceleration or deceleration of the motor vehicle; (b) the skidding, squealing, burning, or smoking of the tires of the motor vehicle; (c) the swerving or swaying of the motor vehicle from side to side while skidding; (d) the engine of the motor vehicle producing an unreasonably loud, raucous, or disturbing noise; (e) the grinding of the gears of the motor vehicle or the backfiring of the engine of the motor vehicle; or (f) any of the wheels of the motor vehicle losing contact with the ground; or (2) the transportation of a passenger on or in an area of a motor vehicle that is not designed or intended for passenger transport, such as the hood or roof of the motor vehicle.

"Special event" means any automotive or motor vehicle event occurring on or near a roadway, which event either has been approved by the county or municipality in which the event is located, or is expected to have 25 or more persons in attendance.

b. (1) When a special event occurs, or is expected to occur, on or near any roadway under the jurisdiction of the department, the commissioner may designate all or part of the roadway, including any parking structures or other property located within the designated area, as a special event zone. Notwithstanding any provision of law to the contrary, the commissioner may reduce the established speed limitations on any roadways within the special event zone after determining that the reduction is necessary to ensure public safety during the special event.

(2) When a special event occurs, or is expected to occur, on or near any roadway under the jurisdiction of a municipality, the governing body of the municipality may designate all or part of the roadway, including any parking structures or other property located within the designated area, as a special event zone. Notwithstanding any provision of law to the contrary, the governing body of the municipality may reduce the established speed limitations on any roadways within the special event zone after determining that the reduction is necessary to ensure public safety during the special event.

(3) When a special event occurs, or is expected to occur, on or near any roadway under the jurisdiction of a county, the board of county commissioners of the county may designate all or part of the roadway, including any parking structures or other property located within the designated area, as a special event zone. Notwithstanding any provision of law to the contrary, the board of county commissioners of the county may reduce the established speed limitations on any roadways within the special event zone after determining that the alteration is necessary to ensure public safety during the special event.

c. (1) A reduced speed limitation established pursuant to subsection b. of this section shall become effective when posted, except that the speed limitation shall only be effective when the special event zone remains in effect. A person who operates a motor vehicle in excess of the reduced speed limitation shall be deemed to violate the provisions of R.S.39:4-98, except that in addition to any other penalties that may be imposed for such offense, the person shall be subject to the fine amount set forth in subsection e. of this section.

(2) A person shall not engage in exhibition driving within a special event zone.

d. A special event zone designated pursuant to this section shall remain in effect for the duration of the special event, and including a reasonable period of time before and after the special event. While the special event zone remains in effect, the department, municipality, or county, as applicable, shall maintain appropriate signage on or along the special event zone. At a minimum, the signage shall indicate:

(1) the period of time in which the special event zone shall remain in effect;

(2) any reduced speed limitation established within the special event zone, if applicable;

(3) that exhibition driving shall be prohibited within the special event zone; and

(4) that a person shall be subject to increased penalties for certain traffic offenses occurring within the special event zone.

e. (1) Notwithstanding any provision of law to the contrary, a person shall be subject to a fine not exceeding $1,000 for any of the following offenses occurring within a special event zone:

(a) a violation of R.S.39:4-98, including any violation of paragraph (1) of subsection c. of this section;

(b) a violation of R.S.39:4-97; and

(2) Notwithstanding any provision of law to the contrary, a person shall be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 60 days, or both, for any of the following offenses occurring within a special event zone:

(a) a violation of paragraph (2) of subsection c. of this section; and
(b) a violation of R.S.39:4-96.

2. The Department of Transportation may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this act.

3. R.S.39:4-197 is amended to read as follows:

39:4-197. Except as otherwise provided in R.S.39:4-8, no municipality shall pass an ordinance or resolution on a matter covered by or which alters or in any way nullifies the provisions of this chapter or any supplement to this chapter; except that a municipality may pass, without the approval of the commissioner, and consistent with the current standards prescribed by the Manual on Uniform Traffic Control Devices for Streets and Highways, ordinances or resolutions, or by ordinances or resolutions may authorize the adoption of regulations by the board, body, or official having control of traffic in the public streets, regulating special conditions existent in the municipality on the subjects and within the limitations following:

(1) Ordinance:

a. Altering speed limitations as provided in R.S.39:4-98;

b. Limiting use of streets to certain class of vehicles, except that nothing in this paragraph shall permit a municipality to pass an ordinance or resolution limiting use of streets by commercial motor vehicles without the approval of the commissioner;

c. Designating one-way streets;

d. Regulating the stopping or starting of street cars at special places, such as railroad stations, public squares or in front of certain public buildings;

e. Regulating the passage or stopping of traffic at certain congested street corners or other designated points, including the establishment of multi-way stop controls;

f. Regulating the parking of vehicles on streets and portions thereof, including angle parking as provided in R.S.39:4-135;

g. Regulating the parking of vehicles upon land owned or leased and maintained by the municipality, a parking authority or the board of education of a school district, including any lands devoted to the public parking of vehicles, the entrances thereto and exits therefrom;

h. Regulating the entrances to and exits from parking yards and parking places which are open to the public or to which the public is invited, except that this shall not apply to entrances or exits to and from State highways;

i. Designating streets or roads upon which buses and trucks over four tons gross weight may be required not to exceed specially fixed limits based on engineering and traffic investigation and to use a lower gear in descending steep declivities having a grade in excess of [5%] five percent fixing such special speed limits and providing for the use of such a gear thereon; and

j. Designating any intersection as a stop intersection and erecting appropriate signs, on streets under municipal jurisdiction if that intersection is located within 500 feet of a school, or of a playground or youth recreational facility and the street on which the stop sign will be erected is contiguous to that school, playground, or youth recreational facility. The municipal engineer shall certify to the following in regard to the designated site in which a stop intersection is being designated: (i) that both intersecting streets are under municipal jurisdiction; (ii) that the intersection is within 500 feet of a school, playground, or youth recreational facility as defined herein; and (iii) that the intersection is on a street contiguous to a school, playground, or youth recreational facility. A claim against a municipality for damage or injury under this subparagraph for a wrongful act or omission shall be dismissed if the municipality is deemed to have conformed to the provisions contained in this subparagraph.

(2) Ordinance or resolution:

a. Designating through streets, as provided in article 17 of this chapter (R.S.39:4-140 et seq.); and

b. Designating and providing for the maintenance as "no passing" zones of portions of highway where overtaking and passing or driving to the left of the roadway is deemed especially hazardous.

(3) Ordinance, resolution, or regulation:

a. Designating stops, stations, or stands for omnibuses and taxis;

b. Designating curb loading zones; [and]

c. Designating restricted parking spaces for use by persons who have been issued special vehicle identification cards by the New Jersey Motor Vehicle Commission pursuant to the provisions of P.L.1949, c.280 (C.39:4-204 et seq.) and section 1 of P.L.1977, c.202 (C.39:4-197.5). Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card shall be liable to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days' community service on such terms and in such form as the court shall deem appropriate, or any combination thereof; and

d. Designating a special event zone pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2008, c.110, s.2)

4. This act shall take effect immediately.

STATEMENT

This bill permits the designation of "special event zones" for the purpose of regulating traffic during certain "special events," which the bill defines as any automotive or motor vehicle events occurring on or near a roadway, which events either have been approved by the county or municipality in which the event is located, or are expected to have 25 or more persons in attendance.

When a special event occurs, or is expected to occur, on any roadway under the jurisdiction of the Department of Transportation (DOT), the bill permits the Commissioner of Transportation to designate all or part of the roadway, including any parking structures or other property located within the designated area, as a special event zone. Similarly, when a special event occurs, or is expected to occur, on a roadway under the jurisdiction of a county or municipality, the county or municipality may also designate the area as a special event zone. In either case, the special event zone would remain in effect for the duration of the special event, and including a reasonable period of time before and after the special event. While the special event zone remains in effect, the DOT, municipality, or county, as applicable, would be required to maintain appropriate signage on or along the special event zone.

Under the bill, certain traffic regulations would be altered within the special event zone while the zone remains in effect, including: (1) an allowance for the DOT, county, or municipality, as applicable, to reduce the established speed limitations, as such reductions are deemed necessary to ensure public safety; and (2) the prohibition of "exhibition driving," which the bill defines to include certain forms of disruptive or erratic driving; and (3) the imposition of increased penalties for certain traffic offenses.

Specifically, the bill provides that a person would be subject to a fine not exceeding $1,000 after committing the following traffic offenses within a special event zone: (1) operating a motor vehicle in excess of the posted speed limitation; (2) careless driving; and (3) operating a motor vehicle for a wager, in a race, or for the purposes of making a speed record. Additionally, a person who engages in exhibition driving or reckless driving within a special event zone would be subject to a fine not exceeding $1,000, a term of imprisonment of up to 60 days, or both.

Under current law, the Commissioner of Transportation is required to approve certain types of local traffic regulations before those regulations may take effect. Under the bill, the designation of a special event zone by a county or municipal would take effect without requiring the approval of the commissioner.