CHAPTER 22. APPLICATION
39A:22-A1. Application of Title 39A Volume 2
a. The provisions of this chapter applicable to the drivers of vehicles on the roadways shall also apply to the drivers of all vehicles owned or operated by this State, the United States, any territorial or Federal district, any other State or any county, municipality or any other political subdivision thereof, subject to such specific exceptions as are set forth in this chapter.
b. The provisions of this chapter shall apply to the owners and drivers of vehicles on highways, roadways, driveways, parking areas or upon any grounds owned and maintained by the State of New Jersey, or any State department or agency, the counties, the municipalities and the school district boards of education of this State.
c. This chapter shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work on the surface of a highway, but shall apply to such persons and vehicles when traveling to or from the work.
Source: 39:4-1.
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CHAPTER 23. POWERS AND DUTIES OF COMMISSIONER
39A:23-PDC1. Definitions
a. "Public highways" means public highways as defined in C.27:1B-3.
b. "Transportation system" means transportation system as defined in C.27:1B-3.
c. "Under the jurisdiction of the commissioner" means that which has been taken over, or is owned, controlled, or maintained by the Department of Transportation.
Source: 39:4-8.2.
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39A:23-PDC2. Powers of Commissioner
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 Commissioner 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 Director by an act approved October 15, 1948 (P.L.1948, c. 439), [FN3] shall continue to be vested in the Director.
b. Notwithstanding the provisions of any other law to the contrary, the Commissioner of Transportation may by written order provide for the regulation of traffic and parking on public highways or transportation systems under the jurisdiction of the Commissioner and for the establishment, operation, control and maintenance of official traffic control devices thereon where chapter 4 of this Title authorizes the Commissioner to regulate traffic and parking by rule or regulation. An order issued pursuant to this act shall 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. An order issued pursuant to this section shall 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 Commissioner shall cite the public highway or transportation system to which it is to be applicable; provide an explanation in plain language as to why the order is needed at the location in question; provide a description in plain language of what the order requires; identify the individual or public body who or which requested the order or initiated a request leading to the order; name the date on which the order became final and the effective date of the order; and contain any other information the Commissioner 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 Commissioner affected by the order is located. On or after the date of mailing, the Commissioner 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 Commissioner, except that if comments are received during the 30-day period the order shall be final after the Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner affected by the order is located.
f. Notwithstanding provisions of this section to the contrary, upon a finding by the Commissioner that an emergent condition exists with respect to a public highway or transportation system under the jurisdiction of the Commissioner, 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 C.39:4-213 et seq. to control traffic during emergency conditions. The exercise of the Attorney General's authority and powers pursuant to C.39:4-213 et seq. shall supersede an order issued by the Commissioner pursuant to this act.
g. A final order shall be effective upon compliance with the notice and briefing provisions of R.S.39:4-198 and shall be binding and enforceable on that date.
h. The provisions of this act shall not apply to public highways or transportation systems under the jurisdiction of a county or municipality.
i. The Commissioner 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 C.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. Rules or 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 Commissioner shall be included in an order adopted by the Commissioner 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 New Jersey Administrative Code any rule or regulation which has been superseded by order of the Commissioner. Thereafter, any provision authorizing or requiring the Commissioner 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 Commissioner to proceed by order. Such an order, however, shall not be considered a rule or 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 Commissioner 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 commissioner in regard to the "State Highway Access Management Act" C:7-89 et al.
Source: 39:4-2; 39:3-8.3; 39:3-8.4; 39:3-8.5; 39:3-8.6; 39:3-8.7; 39:3-8.8.
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39A:23-PDC3. Commissioner’s duties
a. The Commissioner shall 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. The Commissioner may determine, regulate and control the character, type, location, placing of and operation of all official traffic control devices on the roadways and public places in the State, or cause the removal of such devices determined to be unnecessary. The Commissioner shall see that the laws relating to such devices are enforced, investigate the manner of enforcing the laws regarding the parking of vehicles on public roadways, the use of streets by pedestrians, investigate the location of "stop" signs and cause the removal of those which the Commissioner deems installed in violation of this chapter, and cause the removal of all colored lights so located as to be confused with traffic signals. The Commissioner shall also enforce the provisions of this chapter and promulgate regulations for the enforcement of the Commissioner’s duties hereunder.
b. This section shall not be construed to in any way curtail the powers of actual enforcement vested by law in the local authorities.
c. Whenever another State has a law providing for reciprocal exchange, the Commissioner, upon receiving a certificate of conviction of a nonresident operator or chauffeur of a violation of R.S. 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; 39:4-9.1.
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39A:23-PDC4. Commissioner’s hearings
The Commissioner shall hold hearings when the Commissioner 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.
Source: 39:4-7.
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39A:23-PDC5. Authority of local governments and approval of Commissioner
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 roadways, shall be valid unless it is approved by the Commissioner of Transportation, according to law. The Commissioner of Transportation 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 roadways.
b. In the case of totally self-contained streets under municipal jurisdiction with no direct connection with any street in any other municipality, or in the case of totally self-contained streets under county jurisdiction with no direct connection with any street in any other county, the municipality or county may, by ordinance or resolution, as appropriate, and without the approval of the Commissioner of Transportation, designate parking restrictions, no passing zones, mid-block crosswalks and crosswalks at intersections.
c. In the case of any streets under municipal jurisdiction, the municipality may, by ordinance, designate reasonable and safe speed limits and in the case of totally self-contained streets under county jurisdiction with no direct connection with any street in any other county, the county may, by ordinance or resolution, as appropriate, designate reasonable and safe speed limits and erect appropriate signs, designate any intersection as a stop or yield intersection and erect appropriate signs and place longitudinal pavement markings delineating the separation of traffic flows and the edge of the pavement. These designations may be made if the municipal or county engineer shall, under seal as a licensed professional engineer, certify to the municipal or county governing body, as appropriate, that any designation or erection of signs or placement of markings: (1) has been approved by the engineer after investigation of the circumstances, (2) appears to be in the interest of safety and the expedition of traffic on the public highways and (3) conforms to the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the Commissioner of Transportation.
c. 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 Commissioner of Transportation 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 Commissioner of Transportation may invalidate the provisions of the ordinance or resolution within 90 days of receipt of the certified copy if the Commissioner 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.
d. Nothing in this section shall allow municipalities to designate any intersection with any highway under State or county jurisdiction as a stop or yield intersection or counties to designate any intersection with any highway under State or municipal jurisdiction as a stop or yield intersection.
e. Subject to the provisions of R.S.39:4-138, in the case of any street under municipal or county jurisdiction, a municipality or county may, without the approval of the Commissioner of Transportation:
1. By ordinance or resolution:
i. Prohibit or restrict general parking;
ii. Designate restricted parking under C.39:4-197.6;
iii. Designate time limit parking;
iv. Install parking meters.
2. By ordinance, resolution or regulation:
i. Designate loading and unloading zones and taxi stands;
ii. Approve street closings for periods up to 48 continuous hours; and
iii. Designate restricted parking under C.39:4-197.5.
f. Nothing in this section shall allow municipalities or counties to establish angle parking or to reinstate or add parking on any street, or approve the closure of streets for more than 48 continuous hours, without the approval of the Commissioner of Transportation.
g. A municipality or county may, by ordinance or resolution, as appropriate, in any street under its jurisdiction, install or place an in-street pedestrian crossing right-of-way sign at a marked crosswalk or unmarked crosswalk at an intersection. The installation is subject to guidelines that issued by the Commissioner of Transportation after consultation with the Director of the Office of Highway Traffic Safety in the Department of Law and Public Safety. The guidelines shall be aimed at ensuring safety to both pedestrians and motorists including, but not limited to, the proper method of sign installation, dimensions, composition of material, proper placement points and maintenance. A certified copy of the adopted ordinance or resolution shall be transmitted to the Commissioner of Transportation within 30 days of adoption. The Commissioner may invalidate its provisions within 90 days of receipt of the certified copy if the Commissioner deems them inconsistent with the guidelines issued pursuant to this section. A claim against the State or a municipality or county for damage or injury under this subsection for a wrongful act or omission shall be dismissed if the municipality or county is deemed to have conformed to the guidelines required hereunder.
h. A municipality or county may, by resolution, in any street under its jurisdiction, designate stops, stations or stands for buses. The designation is subject to guidelines issued by the Commissioner of Transportation. The guidelines shall be aimed at ensuring safety to both pedestrians and motorists including, but not limited to, the proper method of sign installation, dimensions, composition of material, proper placement points and maintenance. A certified copy of the adopted resolution shall be transmitted to the Commissioner of Transportation within 30 days of adoption. The Commissioner may invalidate its provisions within 90 days of receipt of the certified copy if the Commissioner deems them inconsistent with the guidelines issued pursuant to this section. A claim against the State or a municipality or county for damage or injury under this subsection for a wrongful act or omission shall be dismissed if the municipality or county is deemed to have conformed to the guidelines required hereunder.
Source: 39:4-8.
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CHAPTER 24. POWERS OF MUNICIPALITIES, COUNTIES AND HIGHWAY COMMISSIONER
39A:24-MCC1. Permissible municipal ordinances or resolutions
Except as otherwise provided in 39:4-8, a municipality shall not pass an ordinance or resolution on a matter covered by, or which alters or nullifies the provisions of, this chapter or a supplement to this chapter. A municipality may pass ordinances or resolutions, or properly authorize the adoption of regulations by the official or entity with control of traffic in the public streets to regulate special conditions within the following limitations:
a. Ordinance:
1. Altering speed limitations as provided in 39:4-98;
2. Limiting use of streets to certain class of vehicles;
3. Designating one-way streets;
4. Regulating the stopping or starting of street cars at special places, such as railroad stations, public squares or in front of certain public buildings;
5. Regulating the passage or stopping of traffic at congested street corners or other designated points;
6. Regulating the parking of vehicles on streets and portions thereof, including angle parking as provided in 39:4-135;
7. Regulating the parking of vehicles upon land owned or leased and maintained by the municipality, a parking authority or a school board of education, including lands devoted to the public parking of vehicles, and the entrances and exits to and from such land;