TURNS, SIGNALS AND RAILROAD TRACKS
39A:TSR-1. Definitions
a. "Frozen dessert truck" means a motor vehicle in which frozen desserts are carried for purposes of retail sale on the streets of the State.
b. "Vend" or "vending" means offering frozen desserts for sale from a motor vehicle on the streets of the State.
c. "Frozen desserts" means ice cream, frozen custard, French ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk, ice, water ice, nonfruit sherbets, nonfruit water ices, freezer made milk shakes, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, artificially sweetened ice cream, or artificially sweetened ice milk, special frozen dietary foods, frozen yogurt, mellorine frozen desserts, as all such products are commonly known, together with any such mix used in frozen desserts and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as such products are customarily prepared or frozen whether made with dairy or non-dairy products and ice flavored with syrup.
Source: 39:4-128.3.
COMMENT
This section contains the substance of the original.
39A:TSR-2. Right and left hand turns
Except as otherwise provided in this chapter, the driver of a vehicle intending to turn at an intersection shall do so as follows:
a. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the highway.
b. Left turns.
(1) On two-way highways. At a intersection where traffic is permitted to move in both directions on each highway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the highway nearest the center line and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the highway being entered. When practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(2) On other than two-way highways. At any intersection where traffic is restricted to one direction on one or more of the highways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the highway being entered.
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c. The State Highway Commissioner and local authorities, for highways under their respective jurisdictions, may modify the method of turning at intersections by clearly indicating by buttons, markers or other direction signs, within an intersection, the course to be followed by vehicles turning there. No driver shall fail to turn in the manner so directed when such direction signs are installed by said authorities.
Source: 39:4-123; 39:4-124.
COMMENT
This section contains the substance of the original sections.
39A:TSR-3. Turning in an area with obstructed view; backing or turning in street
a. The driver of a vehicle shall not turn the vehicle around to proceed in the opposite direction on any curve or on the approach to or near the crest of a grade or at any place upon a highway where the view of the vehicle is obstructed within a distance of 500 feet along the highway in either direction. A vehicle shall not be turned around proceed in the opposite direction on a state highway which shall be conspicuously marked with signs stating "no U turn".
b. A vehicle shall not back or make a turn in a street, if by so doing it interferes with other vehicles, but shall go around a block or to a street sufficiently wide to turn in without backing.
Source: 39:4-125; 39:4-127.
COMMENT
This section contains the substance of the original sections.
39A:TSR-4. Signaling
a. A driver shall not turn a vehicle at an intersection unless the vehicle is in proper position upon the highway. A driver shall not turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a highway, or start or back a vehicle unless and until such movement can be made with safety. A person shall not turn a vehicle without giving an appropriate signal in the event any other traffic may be affected by such movement. A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
b. A person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear.
c. The signal herein required shall be given either by means of the hand and arm, or by an approved mechanical or electrical signal device, except that when a vehicle is constructed or loaded to prevent the hand and arm signal from being visible, both to front and rear, the signal shall be given by a device of a type which has been approved by the Commission. When the signal is given by means of the hand and arm, the driver shall indicate an intention to stop or turn by extending the hand and arm from and beyond the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn.--Hand and arm extended horizontally.
(2) Right turn.--Hand and arm extended upward.
(3) Stop or decrease speed.--Hand and arm extended downward.
Source: 39:4-126.
COMMENT
This section contains the substance of the original section.
39A:TSR-5. Stopping at railroad crossings
(a) A person driving a vehicle approaching a railroad grade crossing shall stop between 15 and 50 feet from the nearest rail of such railroad, and shall not proceed until the driver can do so safely. These requirements apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
(2) A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
(3) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
(4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(b) A person shall not drive a vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.
Source: 39:4-127.1.
COMMENT
This section contains the substance of the original section.
39A:TSR-6. Moveable span bridges
a. A person shall not drive a vehicle through, around, or under any gate or barrier at or on the approaches to a movable span bridge while the gate or barrier is closed or is being opened or closed.
b. A person shall not drive any vehicle in disobedience to the directions of a traffic control signal or sign, police officer or duly authorized bridge tender, flagman or gateman, located at or in advance of said bridge.
Source: 39:4-127.2
COMMENT
This section contains the substance of the original section.
39A:TSR-7. Stopping and crossing at grade crossings
a. The driver of a bus designed for carrying more than six passengers, or of a school bus carrying a school child or children, or of a vehicle carrying explosive substance or flammable liquids as a cargo or part of a cargo, or of any commercial motor vehicle specified in 49 C.F.R. § 392.10(a)(1) through (a)(6), shall, before crossing at grade any track of a railroad, stop the vehicle between 15 and 50 feet from the nearest rail of the railroad and, while stopped, listen and look in both directions along the track for an approaching train, and for signals indicating the approach of a train.
b. After stopping as required in subsection (a) and proceeding when safe to do so, the driver shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.
c. Subsections (a) and (b) do not apply to grade crossings no longer used for railroad traffic and which have been abandoned by the railroad company if appropriate signs have been posted to indicate that the crossing has been abandoned or is no longer used for railroad traffic. Those subsections do not apply to grade crossings where the railroad track has been removed or paved over and the warning signs erected by the railroad have been removed, if written notice is given to the COT and to the appropriate State or local authority with jurisdiction over the highway prior to undertaking the removal or paving of railroad track. Those sections also do not apply to grade crossings marked with a sign reading "Exempt Crossing."
d. The COT is vested with the exclusive authority to designate and mark railroad grade crossings across any highway in this State with a sign "Exempt Crossing." The COT shall hold a public hearing before designating a crossing as exempt, with notice to be served in accordance with the applicable regulations. The COT shall designate a grade crossing as exempt when the potential for damage and injury from accidents between motor vehicles required to stop and other motor vehicles traveling in the same direction exceeds that between a train and the vehicles required to stop. Crossings designated as exempt may include industrial, spurline and secondary crossings. The Commissioner shall promulgate all necessary regulations to effectuate the purpose of this section.
e. A person shall not operate or move a crawler-type tractor, wheel tractor, tractor engine with or without trailer or trailers attached, steam shovel, derrick, roller, self-propelled concrete mixer, or any self-propelled vehicle, CMV, equipment, machinery, apparatus or structure with a normal operating speed of 10 or less miles per hour, or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a highway, on or across any track or tracks at a railroad grade crossing without first complying with the following requirements:
(1) Notice of such intended crossing shall be given to the nearest superintendent or trainmaster of the railroad. The notice shall specify the approximate time of crossing and a reasonable time shall be given to such railroad to provide proper protection at such crossing.
(2) After making proper arrangements with the appropriate officer of the railroad and before making a crossing, the person operating or moving any such vehicle or equipment shall first stop it between 15 and 50 feet from the nearest rail of such railroad and, while stopped, shall listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(3) A crossing shall not be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If the flagman is provided by the railroad, movement over the crossing shall be made under his jurisdiction.
f. First violation of this section is a class E offense. Subsequent violation is a class D offense.
g. This section shall not be construed as limiting the authority of a municipality to adopt police regulations governing the operation of buses and to provide penalties for their violation, or to relieve the owner or operator of such bus subject to the jurisdiction of the Board of Public Utilities from any penalty prescribed by the laws of this State for violation of orders of such Board.
Source: 39:4-128.
COMMENT
This section contains the substance of the original. Subsection (f) designates penalties according to the new penalty classification system contained in 39A:44-GP1.
39A:TSR-8. Railroad crossings and certain commercial motor vehicles
a. A driver of a commercial motor vehicle, other than a CMV that is required to stop at a railroad crossing in accordance with 39:4-128, shall, upon approaching a railroad grade crossing, drive at a rate of speed that will permit the CMV to be stopped before reaching the nearest rail of the crossing. A driver shall not drive a CMV upon or over a railroad crossing until the driver has exercised due caution to ascertain that a train is not approaching the crossing.
b. A driver of a CMV, other than a CMV that is required to stop at a railroad crossing in accordance with 39:4-128, shall stop that CMV before reaching the nearest rail of the crossing, if the tracks of the crossing are not clear of other vehicles or if there is insufficient space to drive the commercial motor vehicle completely through the crossing without stopping the commercial motor vehicle.
c. An employer shall not knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of 39:4-128, 39:4-127.1 or this section. Violation of this section is a class A offense.
Source: 39:4-128.11.
COMMENT
This section contains the substance of the original. Subsection (c) designates penalties according to the new penalty classification system contained in 39A:44-GP1.
39A:TSR-9. Buses used to transport children stopped to receive or discharge passengers
a. On highways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus being used solely for the transportation of children to or from school, a school connected activity or a summer day camp which has stopped to receive or discharge a child, shall stop the vehicle at least 25 feet from such school bus and keep the vehicle stationary until the child has entered the bus or alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus. This section applies only to a bus designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.
b. On highways with multiple lanes separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus stopped to receive or discharge a child, shall stop the vehicle at least 25 feet from such school bus and keep the vehicle stationary until the child has entered the bus or alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.
c. On highways with multiple lanes separated by safety islands or physical traffic separation installations, the driver of a vehicle in a lane blocked from the bus by a safety island or physical traffic separation installation and approaching a school bus stopped to receive or discharge a child, shall reduce the speed of the vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted from, or been about to enter, the bus.
d. For purposes of this section, “highway” means the entire width between the boundary lines of every way, whether publicly or privately maintained, when any part is open to the public for purposes of vehicular travel.
e. When a school bus is parked at the curb for the purpose of receiving children from or discharging children to enter a school, school connected activity, or a summer day camp located on the same side of the street as that on which the bus is parked, drivers of vehicles may pass the bus without stopping at a speed not exceeding 10 miles per hour.
f. The driver of a bus being used solely for the transportation of children to or from school, school connected activity or a summer day camp shall continue to exhibit a flashing red light and shall not start the bus until every child who alighted from the bus has reached a place of safety.
g. Violation of this section is a class C offense.
h. The penalties in this section shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39. There shall be a rebuttable presumption that the registered owner of a vehicle involved in a violation of this section was the person who committed the act. A person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be guilty of a class D offense.
i. The Commissioner may also revoke the driver’s license of any person found guilty of willful violation of this section and shall, at all times, have power to validate a license which was revoked, or grant a new license to a person whose license was revoked pursuant to this section.
Source: 39:4-128.1.
COMMENT
Subsections (g) and (h) designate penalties according to the new penalty classification system contained in 39A:44-GP1.
39A:TSR-10. Frozen dessert trucks
a. The driver of a vehicle approaching or overtaking from either direction a frozen dessert truck stopped on the highway shall stop before reaching the truck when the flashing red lights and stop signal arm are in use. After stopping, a driver may proceed past the truck at a speed not exceeding 15 miles per hour, and shall yield the right of way to any pedestrian who crosses the highway to or from the frozen dessert truck. The driver of a vehicle on a highway separated by safety islands or physical traffic separation installations need not stop upon meeting or passing a frozen dessert truck on another highway.