Powers and Duties of Commissioner of Transportation, Municipalities, Counties and Highway

POWERS AND DUTIES OF COMMISSIONER OF TRANSPORTATION, MUNICIPALITIES, COUNTIES AND HIGHWAY COMMISSIONER

39A:PD-1. Definitions

a. “COT” refers to the Commissioner of the Department of Transportation.

b. "Private roads" means semipublic or private roads, streets, driveways, parkways, parking areas, or other roadways owned by a private person, corporation or institution open to or used by the public for the purposes of vehicular travel by permission of such persons, corporations or institutions and not as a matter of public right.

c. "Public highways" means public highways as defined in 27:1B-3.

d. "Speed hump" means a physical alteration to the horizontal and vertical alignment of a road surface used as a traffic calming measure and conforming to the technical standards established by the Department of Transportation.

e. "Transportation system" means transportation system as defined in 27:1B-3.

f. "Under the jurisdiction of the COT" means that which has been taken over, or is owned, controlled, or maintained by the Department of Transportation (DOT).

Source: 39:4-8.2; 39:4-8.9.

COMMENT

This section contains the definitions of the source sections with the addition of a definition of “COT” in the interest of clarity. Subsections (a), (c), (e) and (f) are the former 39:4-8.2. Subsections (b) and (d) are the former 39:4-8.9.

The chapters pertaining to the powers and duties of the Commissioner of Transportation, municipalities, counties, and the Highway Commissioner were consolidated as one chapter since the separate chapters contained references to the powers, duties and responsibilities of those various entities.

39A:PD-2. Powers of Commissioner of Department of Transportation

a. All the powers and duties previously exercised and performed by the Commission created by an act approved April 15, 1930, (L.1930, c. 148, p. 564), and its amendments and supplements, which powers and duties were transferred to and vested in the COT by an act approved June 12, 1932, (L.1932, c. 179, § 1, p. 306), and which powers and duties were transferred to and vested in the Chief Administrator by an act approved October 15, 1948 (P.L.1948, c. 439), shall continue to be vested in the Chief Administrator.

b. Notwithstanding the provisions of any other law to the contrary, the COT may by written order provide for the regulation of traffic and parking on public highways or transportation systems under the jurisdiction of the COT and for the establishment, operation, control and maintenance of official traffic control devices thereon where this Title authorizes the COT to regulate traffic and parking by rule or regulation. An order issued pursuant to this chapter shall:

(1) conform to the same requirements of this Title concerning examination, investigation or study as apply in the case of the rule or regulation in place of which the order is being issued; and

(2) be binding and enforceable in accordance with the provisions of this act and any official traffic control device established thereby shall conform to the "Manual on Uniform Traffic Control Devices."

c. An order issued by the COT shall:

(1) cite the public highway or transportation system to which it is to be applicable;

(2) provide an explanation in plain language as to why the order is needed at the location in question;

(3) provide a description in plain language of what the order requires;

(4) identify the individual or public body who or which requested the order or initiated a request leading to the order;

(5) name the date on which the order became final and the effective date of the order; and

(6) contain any other information the COT deems necessary.

d. A copy of a proposed order shall be mailed to the governing body and chief uniformed law enforcement official of each county and municipality in which that portion of the public highway or transportation system under the jurisdiction of the COT affected by the order is located. On or after the date of mailing, the COT shall cause an informational notice of the proposed order, including a summary of its provisions, to be published in a newspaper or newspapers having general circulation in the municipalities affected by the order. The notice shall provide a telephone number or address which a member of the public may use to receive a copy of the complete text of the proposed order and shall provide for a 30-day period from the date of publication for public comment. The order shall be final on the 31st day after publication of the informational notice or on a later date determined by the COT, except that if comments are received during the 30-day period the order shall be final after the COT reviews and responds in writing to the comments received but in no event shall the order be final earlier than the 31st day after publication. The COT may extend the comment period or modify or withdraw the proposed order as a result of the review of public comment.

e. Notwithstanding the provisions of subsection (d) to the contrary, an order may be made final immediately or at a later date and without the requirement of mailing or publication by the COT if it is issued in response to a resolution from the governing body of a municipality and if the order pertains exclusively to a public highway or transportation system located within the boundaries of that municipality. Such a resolution shall be adopted by the governing body and shall memorialize the COT to issue an order regulating traffic or parking on a public highway or transportation system located within the boundaries of the municipality. The governing body shall cause an informational notice of the proposed resolution to be published in the official newspaper if there be one or, if that is not the case, in a newspaper of general circulation in the municipality, in advance of a meeting at which the resolution is to be considered. A copy of the final order shall be mailed to the governing body and the chief uniformed law enforcement official of the county and municipality in which that portion of the public highway or transportation system under the jurisdiction of the COT affected by the order is located.

f. Notwithstanding provisions of this section to the contrary, upon a finding by the COT that an emergent condition exists with respect to a public highway or transportation system under the jurisdiction of the COT, an order may be made final immediately. In such an event, a copy of the final order issued pursuant to this subsection shall be provided within 24 hours of issuance to the governing body and the chief uniformed law enforcement official of the county and municipality in which that portion of the public highway or transportation system affected by the order is located. Nothing in this section shall be construed to supersede, limit or alter the authority and powers of the Attorney General pursuant to 39:4-213 et seq. to control traffic during emergency conditions. The exercise of the Attorney General's authority and powers pursuant to 39:4-213 et seq. shall supersede an order issued by the COT pursuant to this act.

g. A final order shall be effective upon compliance with the notice and briefing provisions of 39:4-198 and shall be binding and enforceable on that date.

h. The provisions of this chapter shall not apply to public highways or transportation systems under the jurisdiction of a county or municipality.

i. The COT shall maintain an official permanent record of orders issued pursuant to this act and of any rule or regulation removed from the New Jersey Administrative Code pursuant to this act, which shall be made available upon request, pursuant to 47:1A-1 et seq. In addition, an informational record concerning those public highways, or portions thereof, and transportation systems affected by the orders issued pursuant to this act shall be accessible in electronic form by members of the public without fee or charge.

j. Regulations in effect before September 1998 and dealing with the regulation of traffic or parking on public highways or transportation systems under the jurisdiction of the COT shall be included in an order adopted by the COT which shall be final and effective on the date of issuance, and shall supercede all the rules and regulations included in substance therein. After that is done, the Office of Administrative Law may remove from the Administrative Code any rule or regulation which has been superseded by order of the COT. Thereafter, any provision authorizing or requiring the COT to regulate traffic or parking on public highways or transportation systems by means of rule or regulation shall be construed as authorizing or requiring the COT to proceed by order. Such an order, however, shall not be considered a regulation pursuant to the provisions of the "Administrative Procedure Act".

k. Nothing in this act shall be construed as expanding or diminishing the authority of the COT to regulate traffic and parking on public highways or transportation systems and to establish, operate, control and maintain official traffic control devices thereon. Nothing in this act shall be construed as superseding any provision or expending or diminishing the authority of the COT in regard to the "State Highway Access Management Act" 27:7-89 et al.

Source: 39:4-2; 39:4-8.3; 39:4-8.4; 39:4-8.5; 39:4-8.6; 39:4-8.7; 39:4-8.8; 39:4-197.8; 39:4-197.16; 39:4-197.17; 39:4-197.18; 39:4-197.19; 39:4-197.20; 39:4-197.21.

COMMENT

This section contains the substance of the original sections and has been consolidated and streamlined.

The former 39:4-197.8, pertaining specifically to Route 94 in Sussex and Warren counties, and former sections 39:4-197.16 through -197.21 pertaining specifically to Route 29. It seemed unusual to have detailed statutory provisions pertaining to a single highway in the State in light of the extensive powers of the COT. If necessary, those sections will be reinserted into the statute.

39A:PD-3. Duties of Commissioner

a. The COT shall:

(1) investigate traffic conditions, means for their improvement and the enforcement of laws and regulations relating to traffic, including pedestrian travel on the public streets and highways;

(2) see that the laws relating to official traffic control devices are enforced, investigate the manner of enforcing the laws regarding the parking of vehicles on public highways, the use of streets by pedestrians, investigate the location of "stop" signs and cause the removal of those which the COT deems installed in violation of this chapter, and cause the removal of all colored lights so located as to be confused with traffic signals; and

(3) enforce the provisions of this chapter and promulgate regulations for the enforcement of the COT’s duties hereunder.

b. The COT may determine, regulate and control the character, type, location, placing of and operation of all official traffic control devices on the highways and public places in the State, or cause the removal of such devices determined to be unnecessary.

c. The COT shall hold hearings when the COT deems them necessary and may issue subpoenas to compel the attendance of witnesses and the production of books, papers and records applicable to the provisions of this chapter.

d. This section shall not be construed to in any way curtail the powers of actual enforcement vested by law in the local authorities.

e. Whenever another State has a law providing for reciprocal exchange, the COT, upon receiving a certificate of conviction of a nonresident operator or chauffeur of a violation of 39:4-50, 39:4-96,39:4-98 and 39:4-129, or of notice of the forfeiture of any bond or collateral given for such violation, shall immediately transmit a certified copy of the record to the motor vehicle administrator of the State in which the violator resides.

Source: 39:4-6; 39:4-7; 39:4-9.1.

COMMENT

This section contains the substance of the original sections but has been consolidated and streamlined.

39A:PD-4. Designations by Commissioner

a. The COT may establish and maintain, by regulation, "no passing" zones on portions of highways under the COT’s jurisdiction where overtaking and passing, or driving to the left of the highway, are deemed especially hazardous. Notice to the public of the "no-passing" zones shall be given as provided in 39:4-198. No resolution, ordinance or regulation passed, enacted or established under authority of this section shall be effective until submitted to and approved by the COT, as provided in 39:4-8.

b. The COT, for State highways, may by regulation and the local authorities, for any highway under their jurisdiction, may by ordinance or resolution, subject to the approval of the COT, except as otherwise provided in 39:4-8, designate through highways and erect "stop" signs or "yield" signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and may erect "stop" signs or "yield" signs at one or more entrances to such intersections.

c. The COT may designate through streets, stop intersections and yield intersections, and upon the designation shall give notice thereof to the board or body charged with the maintenance of such streets or intersections. The board or body shall then comply with subsection (c). The COT may by appropriate order withdraw the designation of through streets, stop intersections or yield intersections and thereafter cause the removal of "stop" signs or "yield" signs indicating such streets or intersections.

d. The official, board or body charged with the maintenance of a highway or section designated as a through street, or of an intersection designated as a stop intersection or a yield intersection, as provided in subsection (b) shall place "stop" signs or "yield right of way" signs, as in the designation provided, on the near right side of each highway intersecting the through street or of each entrance to the intersection where such sign is deemed necessary; except that on one-way streets, signs may be placed on either or both near sides of the intersecting street or entrance, if approved by the COT.

e. When through streets intersect each other the COT shall determine the highway to be known as the through street and cause the board or body having control of the highways to post only one of them.

Source: 39:4-140; 39:4-141; 39:4-143; 39:4-144; 39:4-145; 39:4-201.1; 39:4-202.

COMMENT

This section is substantially identical to the source sections.

Subsection (a) is the former 39:4-201.1 and 39:4-202. Subsections (b) – (e) are the former 39:4-140, -141, -143, -144, and -145.

39A:PD-5. County regulation of traffic

a. Except as provided in 39:4-8, the governing body of a county may not adopt resolutions or ordinances on a matter covered by or which alters or nullifies the provisions of this chapter, but ordinances or resolutions may be passed for the supervision and regulation of traffic on county roads within the limitations prescribed in 39:4-197, and the governing body may prescribe penalties for violations of the resolutions or ordinances. A fine of not less than $50 may be imposed upon the violator of an ordinance, resolution, or regulation establishing parking spaces for the handicapped.

b. Matters pertaining to the supervision and regulation of traffic, to be established by ordinance or resolution shall, in counties operating under 40:41A-1 et seq., be established by ordinance.

c. No ordinance or resolution adopted pursuant to this section shall be effective unless due notice to the public is given as provided in 39:4-198.

d. The penalties may be enforced before a magistrate. In default of the payment of the penalty, the magistrate may commit the offender to the county jail for a period not to exceed five days.

Source: 39:4-201.

COMMENT

The penalty in the subsection (a) has not yet been included in the classification system. If, after further research, it is determined that it is appropriate to do so, it will be included.

39A:PD-6. Authority of local governments

a. Except as otherwise provided in this section, no ordinance or resolution concerning, regulating or governing traffic or traffic conditions, adopted or enacted by a board or body having jurisdiction over highways, shall be valid unless it is approved by the COT, according to law. The COT shall not be required to approve any ordinance, resolution or regulation, unless, after investigation, it appears to be in the interest of safety and the expedition of traffic on the public highways.

b. A municipality may, without the approval of the COT, do the following by ordinance or resolution, as appropriate:

(1) designate parking restrictions, no passing zones, mid-block crosswalks, and crosswalks at intersections, and erect appropriate signs and install appropriate markings, on streets under municipal jurisdiction which are totally self-contained within that municipality and have no direct connection with any street in any other municipality;

(2) designate reasonable and safe speed limits and erect appropriate signs, on any street under municipal jurisdiction;

(3) designate any intersection as a stop or yield intersection and erect appropriate signs, on streets under municipal jurisdiction which are totally self-contained within that municipality and have no direct connection with any street in any other municipality; and

(4) designate any intersection as a stop intersection and erect 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, or 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, or of a playground or youth recreational facility as defined herein; and (iii) that the intersection is on a street contiguous to a school, or 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.

c. A county may, without the approval of the COT, do the following by ordinance or resolution, as appropriate, on streets which are totally self-contained within the county and have no direct connection with any street in any other county:

(1) designate parking restrictions, no passing zones, mid-block crosswalks, and crosswalks at intersections and erect appropriate signs;

(2) designate reasonable and safe speed limits and erect appropriate signs;

(3) designate any intersection as a stop or yield intersection and erect appropriate signs; and

(4) place longitudinal pavement marking delineating the separation of traffic flows and the edge of the pavement and erect appropriate signs.

d. Except with respect to subsection (b)(4), the municipal or county engineer shall, under his seal as a licensed professional engineer, certify to the governing body of the municipality or county, as appropriate, that any designation or erections of signs or placement or makings has been approved by the engineer after investigation of the circumstances, appears to the engineer to be in the interest of safety and the expedition of traffic on the public highways and conforms to the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the COT.

e. In the event of municipal or county action as described in this section, a certified copy of the adopted ordinance or resolution shall be transmitted by the clerk of the municipality or county to the COT within 30 days of adoption, together with a copy of the engineer's certification; a statement of the reasons for the engineer's decision; detailed information as to the location of streets, intersections and signs affected by any designation or erection of signs or placement of markings; and traffic count, accident and speed sampling data, when appropriate. The COT may invalidate the provisions of the ordinance or resolution within 90 days of receipt of the certified copy if the COT finds the provisions of the ordinance or resolution are: inconsistent with the Manual of Uniform Traffic Control Devices for Streets or Highways; inconsistent with accepted engineering standards; not based on the results of an accurate traffic and engineering survey; or place an undue traffic burden or impact on streets in an adjoining municipality or negatively affect the flow of traffic on the State highway system.