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NEW LAWS & ORDINANCES
Yield to Pedestrians Law effective April 2010
The State of New Jersey passed a law strengthening the requirement for motorists to yield to pedestrians who enter either a marked crosswalk or an unmarked crosswalk (at an intersection). The new law requires the motorist to come to a safe stop and remain stopped while the pedestrian crosses. Pedestrians must not enter a crosswalk unless the vehicles approaching are at far enough distance to stop safely. The law (R.S. 39:4-36) was passed to curb the increasing number of serious pedestrian accidents resulting in fatalities.
Snow/Ice Removal Law enacted October 19, 2009
The State of New Jersey recently passed a law which states that an operator of a motor vehicle has a legal duty to make all reasonable efforts to remove accumulated ice or snow from exposed surfaces prior to operating a motor vehicle. "Surfaces" include, but are not limited to, the hood, trunk, windshield, windows, and roof of the motor vehicle (or a trailer being drawn by a motor vehicle). Violators are subject to a fine up to $75 for each offense regardless of whether any snow or ice is dislodged from the motor vehicle. Furthermore, the law provides for very severe penalties for the person in physical control of a vehicle if another person is injured by ice or snow dislodge that should have otherwise been removed.
39:4-77.1 Snow and/or ice dislodged from a moving vehicle
a. (1) Each driver of a motor vehicle operated on a street or highway in this State shall have an affirmative duty to make all reasonable efforts to remove accumulated ice or snow from exposed surfaces of the motor vehicle prior to operation, which surfaces shall include, but not be limited to, the hood, trunk, windshield, windows, and roof of the motor vehicle, the cab of a truck, the top of a trailer or semitrailer being drawn by a motor vehicle, and the top of an intermodal freight container being carried by an intermodal chassis. A person who violates the provisions of this subsection may be stopped on a street or highway by a law enforcement officer who believes the accumulated ice or snow may pose a threat to persons or property and shall be subject to a fine of not less than $25 or more than $75 for each offense regardless of whether any snow or ice is dislodged from the motor vehicle. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for a violation of this paragraph. Every day upon which a violation occurs shall be considered a separate violation, but no person shall be subject to more than one fine for a violation of this paragraph in a period of 24 consecutive hours.
(2)This subsection shall not apply to any driver of a motor vehicle operated during a snow or ice storm that began and continued for the duration of the motor vehicle's operation or to any operator of a motor vehicle while it is parked.
(3)No fine shall be imposed pursuant to paragraph (1) of this subsection on the driver of a commercial motor vehicle, as the term is defined in R.S.39:1-1, that is traveling to a location where equipment or technology that is used to remove snow and ice from commercial motor vehicles is available, provided that the driver has not already passed a location with snow and ice removal equipment or technology after snow or ice shall have accumulated on the exposed surfaces of the commercial motor vehicle. In determining whether the vehicle has already passed a location with equipment or technology that is used to remove snow and ice from commercial motor vehicles, a law enforcement officer shall have the authority to inspect any documentation relating to the route traveled by the driver of the commercial motor vehicle prior to being stopped, including, but not limited to, a log book or map depicting the route traveled by the vehicle.
(4)Notwithstanding the provisions of paragraph (1) of this subsection:
(a)the person who is in physical possession of a motor vehicle at the time snow or ice accumulates on the exposed surfaces of the motor vehicle shall be responsible for removing the accumulated snow or ice from the exposed surfaces of the motor vehicle and shall be liable for a violation of the duty to remove accumulated snow or ice prior to operation of the motor vehicle pursuant to paragraph (1) of this subsection. If the driver of the motor vehicle was not in physical possession of the motor vehicle at the time the snow or ice accumulated, then such driver shall not be liable for a violation of paragraph (1) of this subsection.
(b)in the case of any trailer or semitrailer being drawn by a motor vehicle or of any vehicle or combination of vehicles carrying an intermodal freight container, the person, including, but not limited to a shipper or consignee, who is in physical possession of the trailer, semitrailer, or container at the time snow or ice accumulates on such trailer, semitrailer, or container shall be responsible for removing the accumulated snow or ice from the trailer, semitrailer, or container and shall be liable for a violation of the duty to remove accumulated snow or ice prior to operation of a motor vehicle pursuant to paragraph (1) of this subsection. If the driver of the motor vehicle was not in physical possession of the trailer, semitrailer, or container at the time the snow or ice accumulated, then such driver shall not be liable for a violation of paragraph (1) of this subsection.
b. When snow or ice is dislodged from a moving vehicle and strikes another vehicle or pedestrian causing injury or property damage, the following penalties shall apply:
The operator of a non-commercial motor vehicle shall be subject to a fine of not less than $200 or more than $1,000 for each offense.
The operator, owner, lessee, bailee or any one of the aforesaid of a commercial motor vehicle shall be subject to a fine of not less than $500 or more than $1,500 for each offense.
No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for a violation of this subsection.
c. The Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety shall establish a public awareness campaign that educates the public on the importance of removing snow and ice from the exposed surfaces of motor vehicles prior to the operation of such vehicles. This campaign shall educate the public on the potential dangers associated with failing to remove snow or ice from motor vehicles as well as on the penalties that may be imposed as a result of failing to remove snow or ice from a motor vehicle prior to operation.
d. The Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety, in conjunction with the Division of State Police and other law enforcement agencies, shall establish and maintain a data collection system to be used to determine the number and seriousness of motor vehicle accidents caused by snow or ice becoming dislodged from motor vehicles. In its annual report to the Legislature pursuant to section 16 of P.L.1987, c.284 (C.27:5F-33), the Division of Highway Traffic Safety shall provide an analysis of the information gathered through the data collection system and any recommendations, including any proposed legislation, for reducing the number and seriousness of accidents caused by snow or ice becoming dislodged from motor vehicles.
e. All fines imposed and collected in the enforcement of this section shall be forwarded by the person to whom they are paid to the State Treasurer, who shall annually deposit those moneys in the "Motor Vehicle Snow and Ice Removal Safety Fund" established pursuant to section 2 of P.L.2009, c.138 (C.39:4-77.2).
Cell Phone Law revised November 2, 2007
On November 2, 2007, Governor Jon S. Corzine signed into law the revision to the statute regulating the use of a cell phone while operating a moving vehicle. The revision makes the violation a "primary offense" for which an officer may stop and summons a motorist for speaking on a cell phone (other than hands-free) or text messaging while operating a moving vehicle (read the statute below for the limited exceptions). The law exempts law enforcement officers, fire officials, and any operator of an authorized emergency vehicle while in the performance of his or her duties. The law becomes effective on March 1, 2008.
39:4-97.3 Use of wireless telephone, electronic communication device in moving vehicle; definitions; enforcement.
a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
c. (Deleted by amendment, P.L.2007, c.198).
d. A person who violates this section shall be fined $100.
e. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.
g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.
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Reminder: N.J. Bicycle Helmet Law
Changed March 1, 2006
The Lacey Township Police Department would like to remind all parents that effective March 1, 2006, New Jersey’s Bicycle Helmet Law has changed. All young people under the age of 17 are now required to wear an approved helmet when cycling, roller skating, in-line skating, or skateboarding. The law previously affected riders under the age of 14.
Each year, bicyclists are killed or injured in New Jersey due to bicycle crashes. Many bicycle deaths result from bicycle-motor vehicle collisions. However, injuries can happen anywhere, including parks, bike paths and driveways, and often do not involve motor vehicles.
Head injury is the most serious injury type and the most common cause of death among bicyclists. The most severe injuries are those to the brain that cause permanent damage. Bicycle helmets can prevent or diminish the severity of these injuries.
Under the new law, those caught not wearing a helmet may receive a warning. A minor’s legal guardian can be fined up to $25.00 for a first offense and up to $100.00 for subsequent offenses, if a lack of parental supervision contributes to the offense.
323-17. Parking of certain trucks, vehicles, and trailers prohibited on Municipal Roadways.
Ordinance No. 2004-44; adopted 9-23-2004
A. No person shall park a truck, tractor, trailer, recreational vehicle, camper, boat or omnibus with a gross vehicle weight over 15,000 pounds on any street, or any part of a street, in the Township of Lacey. In addition, no person shall park a trailer on any street, or part of any street, in the Township of Lacey under any circumstances if it is unattached or not connected to a towing vehicle by at least one chain or cable, in addition to the hitch bar, of sufficient strength to hold the motor-drawn vehicle on a hill if the hitching bar becomes disconnected, or provided with an adequate device to prevent its rolling backward, as required under N.J.S.A. 39:4-54 for highway operation, and provided further that a trailer so connected shall not remain parked for more than a period of 48 hours.
B. Nothing contained in this section shall be construed to prevent any vehicle from making deliveries of merchandise or other property to the premises on the street along which said vehicle is so parked, nor to prevent the parking of any such vehicle by any public utility company in connection with the construction, installation, operation and maintenance of public utilities, nor to prevent the parking of vehicles attending to an emergency.
New Jersey Motorized Scooter Law
39:4-14.12 Motorized scooter, prohibited from operation on public street, highway, sidewalk.
a. No person shall operate a motorized scooter upon any public street, highway or sidewalk.
b. Except as otherwise provided in section 4 of P.L.2005, c.159 (C.39:4-14.14), no person shall operate a motorized scooter upon any public property or lands.
c. No person shall operate a motorized scooter on the property of another without the consent of the owner of that property or the person who has a contractual right to the use of that property.
L.2005,c.159,s.2.
39:4-14.13 Violations, fines, seizure, community service.
A person violating the provisions of section 2 of this act shall be subject:
a. For the first offense, to a fine of not less than $100 nor more than $200, and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operator's parent or guardian.
b. For the second offense, to a fine of not less than $200 nor more than $500, and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operator's parent or guardian, provided that the court adjudicating the matter approves the return of the scooter. In addition to the fine and seizure provided for in this subsection, the court shall order the violator to perform community service for a period of not greater than 25 hours.
c. For the third or subsequent offense, to a fine of not less than $500 nor more than $750, and seizure and forfeiture of the motorized scooter. In addition to the fine, and seizure and forfeiture provided in this subsection, the court shall order the violator to perform community service for a period of not greater than 50 hours.
L.2005,c.159,s.3.
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