Lamps, Reflectors and Specialized Lights

LAMPS, REFLECTORS AND SPECIALIZED LIGHTS

39A:LRS-1. Definitions

a. "Approved" means approved by the MVC, in good working order, and capable of operating at least 50% of their designed efficiency.

b. "Asymmetric headlamps" means vehicle headlamps or similar devices arranged to permit the driver to use one of several distributions of light on the road, at least one of which is asymmetric about the median vertical axis. (same as multiple beam headlamps?)

c. "Auxiliary driving lamp" means an additional lighting device on a vehicle used to supplement the headlamps in providing general illumination ahead of the vehicle.

d. "Clear road beam" means the beam from multiple-beam headlamps designed to be used when not approaching other vehicles and to provide sufficient candlepower to reveal obstacles at a safe distance under ordinary conditions of road contour and vehicle loading. (high beams?)

e. “Converter dolly” is a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a trailer.

f. "Headlamp" means a major lighting device capable of providing general illumination ahead of a vehicle.

g. "Lower beam" means the beam from multiple beam or asymmetric headlamps designed to be directed low enough to avoid dangerous glare on both sides of the highway.

h. "Meeting beam" means the beam from multiple beam or asymmetric headlamps designed to be used when other vehicles are approaching within 500 feet or when signaled and designed so that the illumination on the left side of the road is reduced sufficiently to avoid dangerous glare for the approaching driver.

i. "Multiple-beam headlamps" means headlamps or similar devices arranged so as to permit the driver of the vehicle to use one of two or more distributions of light on the road.

j. "Reflector" means an approved device designed and used to give an indication by reflected light.

k. "Single beam headlamps" means headlamps or similar devices arranged so as to permit the driver of the vehicle to use only one distribution of light on the road.

l. "When lighted lamps are required" means any time from a half-hour after sunset to a half-hour before sunrise; whenever rain, mist, snow or other precipitation or atmospheric moisture requires the use of windshield wipers by motorists; and any time when, due to smoke, fog, unfavorable atmospheric conditions or any other reason there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead.

Source: 39:3-46; 39:3-61.

COMMENT

This section includes defined terms from separate sections of the original statute but eliminates definitions of terms generally defined elsewhere.

This chapter was preliminarily reviewed and sections of the statute which appeared to have been superceded by federal law or regulation were removed. Additional review needs to be conducted on the sections in this chapter since although the language of these sections is not equivalent to the current standards imposed on equipment by federal regulation, if the federal regulations apply only to new vehicles, it may be necessary to have provisions in the law that pertain to older vehicles still in operation. Additional research is required to determine the most appropriate language for this chapter.

In the definitions section, the definition of approved will be checked to determine if “capable of operating at 50% of their designed efficiency” is still the appropriate standard. Also, additional research is needed to determine if “asymmetric headlamps” refers to “multiple beam headlamps”. It is not clear whether “headlamps” or “headlights” is currently the more accepted term.

39A:LRS-2. Powers of MVC

a. The MVC may, as permitted by federal law, promulgate regulations concerning the construction and equipment of a motor vehicle and may require or forbid construction and equipment of a vehicle regarding its safety for use on a highway.

b. The MVC may refuse registration to a vehicle it deems improper to be used upon a highway.

c. The MVC may require approval of any equipment or device and may establish the procedure to be followed to submit equipment or a device for approval. The MVC may disapprove any equipment or device and may, after a hearing, revoke or suspend for cause a certificate of approval.

Source: 39:3-43.

COMMENT

This section is substantially similar to the source section, but includes the phrase “as permitted by federal law” in subsection (a) to address the limitations imposed by federal preemption in this area.

39A:LRS-3. Scope of chapter

a. A person shall not operate or be in custody of, nor shall an owner or lessee cause or knowingly permit to be operated on a highway, a motor vehicle in an unsafe condition as to endanger or be likely to endanger any person or property. A vehicle operated or in the custody of any person shall contain the required parts and equipment in proper condition and shall not be equipped in violation of this chapter.

b. This chapter does not apply to agricultural machinery and implements, road machinery, road rollers, traction engines or farm tractors unless specifically made applicable.

Source: 39:3-44; 39:3-45.

COMMENT

This section combines the substance of two sections of the current law.

39A:LRS-4. Illuminating devices

a. The requirements for lamps, reflective devices and associated equipment are primarily contained in Federal Motor Vehicle Safety Standard Number 108, found at 49 C.F.R. Sec. 571.108 as amended. To the extent that they are not preempted by federal law, the following additional requirements apply.

b. A person shall not operate or be in custody of a motor vehicle on a highway unless it is equipped with the required illuminating devices. All required lamps and illuminating devices shall be kept clean and in good working order.

c A person shall not alter the equipment of a vehicle or its performance after approved at an official inspection station with the intent to defeat the purpose of the inspection, and a person shall not operate a vehicle with equipment so altered.

d Light from a headlamp, driving lamp, clearance lamp, identification lamp, front-mounted single-faced turn signal, and front parking lamp shall be visible to the front. Light from a side-marker lamp and side reflector shall be visible to the side. Light from a stop lamp, tail lamp, clearance lamp, identification lamp, back-up lamp, rear-mounted reflector, rear-mounted turn signal on a vehicle or cab of a truck tractor, and a rear parking lamp shall be visible to the rear. Light from a double-faced turn signal shall be visible to the front and rear. Light from a projecting load marker lamp or combination marker lamp shall be visible from the direction stated in the provision requiring it.

e Every lamp and reflector shall be permanently and securely mounted on a permanent part of the vehicle. When two lamps or reflectors of the same type are required on the front or on the rear of a vehicle, they shall be mounted at the same level and spaced as far apart laterally as practicable. The mounted height of a lamp or reflector shall be measured from its center to the level surface upon which the vehicle stands.

f All required lamps, except for stop lamps, shall be lighted and adequate license plate illumination displayed whenever a vehicle other than a converter dolly is on a highway when lighted lamps are required, except when parked and exhibiting lights as required in 39:3-62 or when stopped and displaying emergency warning lights or devices as required in 39:3-64 or 39:3-54.

g. Turn signals on the side toward which a vehicle is turning shall be flashed to indicate the turning movement.

h. When a law enforcement officer detects a vehicle with a non-working lamp, the driver may be permitted to park the vehicle temporarily at a safe nearby place to repair the lamp before moving the vehicle, in which event there is no violation of this chapter.

i. Failure to use lighted lamps when they are required is a class E offense. No motor vehicle points or automobile insurance eligibility points pursuant to 17:33B-14 shall be assessed for such a violation and a person fined for the violation is not subject to a surcharge under the New Jersey Merit Rating Plan.

Source: 39:3-47; 39:3-48; 39:3-49; 39:3-55; 39:3-57; 39:3-58; 39:3-59; 39:3-60; 39:3-61; 39:3-61.1; 39:3-61.2; 39:3-61.3; 39:3-66.

COMMENT

This section streamlines, consolidates and rearranges the provisions currently found in a number of different sections of the statute. Subsection (a) was added to flag the fact that there is considerable federal regulation in this area which preempts much of the current State statutory language. To this time, the statutory language has not been modified or removed to reflect the federal preemption, but it seems to be appropriate to both remove the language containing standards that are plainly obsolete and to reference the appropriate federal law. The reference to the specific regulatory section will be checked to make sure that it accurately directs the reader to the appropriate section(s) and may be revised to incorporate a reference to subsequent modifications, revisions or the inclusion of additional regulatory sections as also applicable.

The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.

39A:LRS-5. Optional lamps

b. A motor vehicle may be equipped with no more than two auxiliary driving lamps mounted on the front at a height between 12 and 42 inches above the level surface on which the vehicle stands. An auxiliary driving lamp shall be aimed so that no part of the high-intensity portion of the beam is directed beyond the left side of the lane in which the vehicle is traveling or more than 100 feet ahead of the vehicle. When a vehicle is equipped with a front lamp projecting a beam of greater than 300 candlepower, not more than four lamps on the front of a vehicle shall be lighted at any one time upon a highway.

c. A motor vehicle may be equipped with not more than two side cowl or fender lamps, and not more than one running board courtesy lamp on each side, which shall emit a white or yellow light without glare. A motor vehicle may be equipped with a back-up lamp which shall not be lighted when the motor vehicle is in forward motion.

d. A motor vehicle may be equipped with not more than one spot lamp which may not be used for driving purposes. Every lighted spot lamp shall be aimed so as not to be dazzling or glaring to any person.

Source: 39:3-49; 39:3-51; 39:3-52; 39:3-53; 39:3-55; 39:3-56.

COMMENT

The language “dazzling or glaring to any person” in (d) may no longer be the most appropriate phrasing.

39A:LRS-6. Lights; color; permits

b. Lamps and reflectors on projecting loads shall emit or reflect light with color as provided in 39:3-61.4.

c. A person shall not operate any vehicle or equipment upon a highway equipped with any device or lamp capable of displaying a light of a other color than permitted by law or regulation, except an authorized emergency vehicle, an authorized school bus, or a vehicle authorized by a permit issued by the Director.

d. A permit authorizing a vehicle to be equipped with a lamp capable of displaying a flashing light, except as provided in 39:3-54, or a light of a color other than permitted by law or regulation, visible from directly in front of the vehicle, may be issued by the Chief Administrator when necessary for the reasonable and safe movement of traffic. The permit shall specify the type and color of the lamp and the conditions under which it may be displayed. The permit shall be valid only when its conditions are complied with and may be revoked by the Chief Administrator on any reasonable grounds.

Source: 39:3-50.

COMMENT

This section streamlines, arranges and consolidates the current statutory provisions. Subsection (a) was added to flag the fact that there is considerable federal regulation in this area which preempts much of the current State statutory language. To this time, the statutory language has not been modified or removed to reflect the federal preemption, but it seems to be appropriate to both remove the language containing standards that are plainly obsolete and to reference the appropriate federal law.

39A:LRS-7. Restrictions on lamps; emergency warning lights