New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A3060 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 ASSEMBLY, No. 3060 STATE OF NEW JERSEY 221st LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
22
33 ASSEMBLY, No. 3060
44
55
66
77 STATE OF NEW JERSEY
88
99 221st LEGISLATURE
1010
1111
1212
1313 PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
1414
1515
1616
1717 Sponsored by: Assemblyman ANTWAN L. MCCLELLAN District 1 (Atlantic, Cape May and Cumberland) Assemblywoman SHAVONDA E. SUMTER District 35 (Bergen and Passaic) Co-Sponsored by: Assemblymen Simonsen, Torrissi and Clifton SYNOPSIS Permits designation of special event zones for traffic regulation purposes during certain large events. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel.
1818
1919
2020
2121 Sponsored by:
2222
2323 Assemblyman ANTWAN L. MCCLELLAN
2424
2525 District 1 (Atlantic, Cape May and Cumberland)
2626
2727 Assemblywoman SHAVONDA E. SUMTER
2828
2929 District 35 (Bergen and Passaic)
3030
3131
3232
3333 Co-Sponsored by:
3434
3535 Assemblymen Simonsen, Torrissi and Clifton
3636
3737
3838
3939
4040
4141
4242
4343
4444
4545 SYNOPSIS
4646
4747 Permits designation of special event zones for traffic regulation purposes during certain large events.
4848
4949
5050
5151 CURRENT VERSION OF TEXT
5252
5353 Introduced Pending Technical Review by Legislative Counsel.
5454
5555
5656
5757 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 (c) a violation of R.S.39:4-52. (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.
5858
5959 An Act concerning traffic regulation, supplementing Title 39 of the Revised Statutes, and amending R.S.39:4-197.
6060
6161
6262
6363 Be It Enacted by the Senate and General Assembly of the State of New Jersey:
6464
6565
6666
6767 1. (New section) a. As used in this section:
6868
6969 "Commissioner" means the Commissioner of Transportation.
7070
7171 "Department" means the Department of Transportation.
7272
7373 "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.
7474
7575 "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.
7676
7777 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.
7878
7979 (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.
8080
8181 (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.
8282
8383 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.
8484
8585 (2) A person shall not engage in exhibition driving within a special event zone.
8686
8787 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:
8888
8989 (1) the period of time in which the special event zone shall remain in effect;
9090
9191 (2) any reduced speed limitation established within the special event zone, if applicable;
9292
9393 (3) that exhibition driving shall be prohibited within the special event zone; and
9494
9595 (4) that a person shall be subject to increased penalties for certain traffic offenses occurring within the special event zone.
9696
9797 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:
9898
9999 (a) a violation of R.S.39:4-98, including any violation of paragraph (1) of subsection c. of this section;
100100
101101 (b) a violation of R.S.39:4-97; and
102102
103103 (c) a violation of R.S.39:4-52.
104104
105105 (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:
106106
107107 (a) a violation of paragraph (2) of subsection c. of this section; and
108108
109109 (b) a violation of R.S.39:4-96.
110110
111111
112112
113113 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.
114114
115115
116116
117117 3. R.S.39:4-197 is amended to read as follows:
118118
119119 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:
120120
121121 (1) Ordinance:
122122
123123 a. Altering speed limitations as provided in R.S.39:4-98;
124124
125125 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;
126126
127127 c. Designating one-way streets;
128128
129129 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;
130130
131131 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;
132132
133133 f. Regulating the parking of vehicles on streets and portions thereof, including angle parking as provided in R.S.39:4-135;
134134
135135 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;
136136
137137 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;
138138
139139 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
140140
141141 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.
142142
143143 (2) Ordinance or resolution:
144144
145145 a. Designating through streets, as provided in article 17 of this chapter (R.S.39:4-140 et seq.); and
146146
147147 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.
148148
149149 (3) Ordinance, resolution, or regulation:
150150
151151 a. Designating stops, stations, or stands for omnibuses and taxis;
152152
153153 b. Designating curb loading zones; [and]
154154
155155 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
156156
157157 d. Designating a special event zone pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
158158
159159 (cf: P.L.2008, c.110, s.2)
160160
161161
162162
163163 4. This act shall take effect immediately.
164164
165165 STATEMENT
166166
167167
168168
169169 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.
170170
171171 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.
172172
173173 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.
174174
175175 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.
176176
177177 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.