NJSA 39:3-46 through NJSA 39:3-54.21


NJSA 39:3-46
39:3-46   Definitions relative to illuminating devices.

 39:3-46. As used in this article, unless the context requires another or different construction:

 "Approved" means approved by the commission and when applied to lamps and other illuminating devices means that such lamps and devices must be in good working order and capable of operating at least 50% of their designed efficiency.

 "Vehicle" means every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

 "When lighted lamps are required" means at 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 during any time when, due to smoke, fog, unfavorable atmospheric conditions or for any other cause there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead.

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

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

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

 "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.

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

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

 "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.

 "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 roadway.

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

 Amended 1983, c.285; 1995, c.305, s.1; 2003, c.13, s.104.
NJSA 39:3-47
39:3-47   Illuminating devices  required; violations, fines.

 39:3-47.  No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway unless such vehicle or combination of vehicles is equipped with lamps and illuminating devices as hereinafter in this article respectively required for different classes of vehicles.

 a. No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this article required.  Failure to use lighted lamps when lighted lamps are required may result in a fine not to exceed $50.00.  In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C:17:33B-14) be assessed against any person for a violation of this subsection.  A person who is fined under this subsection for a violation of this subsection shall not be subject to a surcharge under the New Jersey Merit Rating Plan as provided in section 6 of P.L.1983, c.65 (C:17:29A-35).

 b. No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.

 c. No person shall alter the equipment or performance of equipment of any vehicle which has been approved at an official inspection station designated by the commission with intent to defeat the purpose of such inspection, and no person shall drive or use any vehicle with equipment so altered.

 Amended 1995, c.305, s.2; 2003, c.13, s.44.
 
NJSA 39:3-48
39:3-48.  Visibility
    (a) Whenever there shall be in this article a requirement declared as to the  distance from which certain lamps and devices shall render objects visible or  within which such lamps or devices shall be visible, said provisions shall  apply during the times when lighted lamps are required upon a straight level  unlighted highway under normal atmospheric conditions unless a different time  or condition is expressly stated.

    (b) The light from every required exterior lamp on a vehicle shall be visible from a distance of 500 feet in the directions set forth therefor in paragraph (d) of this section except that the light illuminating a license plate shall cause the license plate to be clearly legible from a distance of 50  feet to the rear.  Such visibility is not required when the light is obscured  by another vehicle in a combination of vehicles.

    (c) Every required Class A reflector shall be visible from all distances between 100 and 600 feet, and every required Class B reflector shall be visible  from all distances between 100 and 350 feet, when illuminated by the upper beam  of headlamps.

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

     Amended by L.1964, c. 136, s. 1.
 
NJSA 39:3-49
39:3-49.  Headlamps
    Except as hereinafter in this article provided, every motor vehicle other than a motor-drawn vehicle and other than a motor cycle shall be equipped with at least 2 approved headlamps mounted at the same level with an equal number on  each side of the front of the vehicle.  Every motor cycle shall be equipped  with at least 1 and not more than 2 approved headlamps.  Every motor cycle  equipped with a side car or other attachment shall be equipped with a lamp on  the outside limit of such attachment capable of displaying a white light to the  front.

     Amended by L.1964, c. 136, s. 2.
NJSA 39:3-50
39:3-50.  Color of lights, permits;  cancellation or revocation of permits
    All lamps and reflectors, which display a light visible from directly in front of a vehicle as authorized by this subtitle, shall exhibit lights substantially white, yellow or amber in color.

    (a) The color of light emitted or reflected by exterior lamps or reflectors  on a vehicle shall be as follows, except as otherwise provided in paragraph  (b), (c) and (d) of this section:

    White when the lamp is a headlamp, or spot lamp, or illuminates a license plate or a destination sign;  or is located on the outside limit of a side car or other attachment on a motor cycle;

    Substantially white or amber when the lamp is a side-cowl or fender lamp, running-board or other courtesy lamp, front parking lamp, back-up lamp, auxiliary driving lamp;  or a turn signal on or facing the front;

    Substantially red or amber when the lamp is a turn signal or a stop lamp on  or facing the rear;

    Red when any other lamp or any reflector is on the rear or on either side at  or near the rear, except as otherwise provided in paragraph (f) of section 39:3-61 for a combination marker lamp;

    Amber when any other lamp or reflector is on the front or on either side other than at or near the rear.

    (b) Lamps and reflectors on projecting loads shall emit or reflect light with color as provided in section 10 of this act.

    (c) No person shall drive or move any vehicle or equipment upon any street or highway equipped with any device or lamp thereon capable of or displaying a light of any other color than permitted by this section, 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 or  displaying a flashing light, except as provided in 39:3-54 or a light of a color other than permitted by this section, visible from directly in front of said vehicle, may be issued by the director when necessary, in his discretion, for the reasonable and safe movement of traffic.  The permit shall specify the type and color of such lamp and the conditions under which a person may drive or move the vehicle with said lamp displaying a light.  The permit shall be valid only when the specifications and conditions contained therein are complied with.

    The director may cancel or revoke a permit issued under authority of this section whenever the conditions for its issuance no longer exist or on any other reasonable grounds.

     Amended by L.1951, c. 24, p. 121, s. 1;  L.1964, c. 136, s. 3.
 
NJSA 39:3-51
39:3-51.  Auxiliary driving lamps
    Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than twelve inches nor more than forty-two inches above the level surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall be so aimed and used that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle.
 
NJSA 39:3-52
39:3-52.  Additional lighting equipment
    Any motor vehicle may be equipped with not more than two side cowl or fender  lamps which shall emit a white or yellow light without glare.  Any motor  vehicle may be equipped with not more than one running board courtesy lamp on  each side thereof which shall emit a white or yellow light without glare.  Any  motor vehicle may be equipped with a back-up lamp either separately or in  combination with another lamp;  except that no such back-up lamp shall be  continuously lighted when the motor vehicle is in forward motion.
NJSA 39:3-53
39:3-53.  Spot lamps
    Any motor vehicle may be equipped with not to exceed one spot lamp but the use of any such spot lamp for driving purposes is prohibited and every lighted spot lamp shall be so aimed and used so as not to be dazzling or glaring to any  person.
 
NJSA 39:3-54
39:3-54.     Warning lights on vehicles
    a.   Any lighted lamp or illuminating device upon a motor vehicle other than a headlamp, spot lamp or auxiliary driving lamp which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle. Flashing lights are prohibited on motor vehicles, motorcycles and motor-drawn vehicles except as a means for  indicating a right or left turn; provided, however, any vehicle may be equipped, and when required under this article shall be equipped, with lamps for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped, shall display such warning in addition to any other warning signals required by law.  The lamps used to display such warning shall be of a type approved by the Director of the Division of Motor Vehicles; those used to display warning to the front shall  be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber.  The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red.  These warning lights shall be visible from a distance of not less than 500 feet at any time when lighted lamps are required.  The two front and two rear turn signals shall be flashed simultaneously to display such warning on vehicles of the types mentioned in section 39:3-64.

   b.   In addition to the flashing devices permitted in subsection a. of this section, an omnibus may be equipped with two flashing devices for the purpose  of warning the operators of other vehicles and law enforcement officials that  an emergency situation exists within the omnibus.

   These devices shall be capable of activation by the operator of the omnibus and shall be of a type approved by the Director of the Division of Motor Vehicles.

   They shall be mounted one at the front and one at the rear of the omnibus and shall display flashing red lights which shine on the roadway under the vehicle.

   Amended by L. 1956, c. 27, p. 70, s. 1; L. 1964, c. 136, s. 4; L. 1985, c. 536, s. 1.
 
NJSA 39:3-54.7
39:3-54.7   Mounting and operation of emergency warning lights.

 1. a. An active member in good standing of any of the following organizations may mount and operate, on a motor vehicle operated by that member, an emergency warning light or lights as provided in P.L.1977, c.223 (C.39:3-54.7 et seq.):

 (1) a volunteer fire company or a volunteer first aid or rescue squad recognized by and rendering service in any municipality; or

 (2) any county or municipal volunteer Office of Emergency Management recognized by and rendering service in any county or municipality, provided the member's official duties include responding to a fire or emergency call.

 b. The Chief Administrator of the New Jersey Motor Vehicle Commission shall not require the member to specify on which motor vehicles the emergency warning light or lights may be mounted.

 L.1977,c.223,s.1; amended 1979, c.71, s.1; 1995, c.37, s.1; 2005, c.34, s.2; 2005, c.218, s.1.
NJSA 39:3-54.8
39:3-54.8.  Time of operation
    Emergency warning lights may be operated only while the vehicle is being used in answering a fire or emergency call.

     L.1977, c. 223, s. 2, eff. Sept. 16, 1977.
 
NJSA 39:3-54.9
39:3-54.9   Specifications.

 3. Emergency warning lights shall be removable or permanently attached, of the flashing or revolving type, equipped with a blue lens and controlled by a switch installed inside the vehicle or shall be blue of the light bar type, in accordance with the specifications prescribed by the chief administrator.

 L.1977,c.223,s.3; amended 1979, c.71, s.2; 2005, c.218, s.2.
 
NJSA 39:3-54.10
39:3-54.10   Placement of motor vehicle, types of lights.

 4. No more than two emergency warning lights shall be installed on a vehicle. If one light is used it shall be installed in the center of the roof of the car, or on the front of the vehicle so that the top of the emergency warning light is no higher than the top of the vehicle's headlights, or in the center of the dashboard.  It may be a low profile light bar of the strobe, halogen or incandescent type, or a combination thereof. If two lights are used they may be placed on the windshield columns on each side of the vehicle where spotlights are normally mounted, or on either side of the roof at the front of the vehicle directly back of the top of the windshield.  Under no circumstances may one light be placed on the roof and one on the windshield column in the spotlight position.  Light elements shall be shielded from direct sight or view of the driver.

 L.1977,c.223,s.4; amended 1979, c.71, s.3; 2005, c.218, s.3.
NJSA 39:3-54.11
39:3-54.11   Identification cards; issuance.

 5. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall prepare suitable identification cards bearing the signature of the chief administrator which, upon the request of the mayor or chief executive officer of any municipality recognizing and being served by a volunteer fire company or a volunteer first aid or rescue squad on a form and in a manner prescribed by the chief administrator, shall be forwarded to the mayor or chief executive officer, to be countersigned and issued by the mayor or chief executive officer to the members in good standing of the volunteer fire company or first aid or rescue squad.

 b. Identification cards issued pursuant to this section and sections 5 and 6 of P.L.2005, c.34 (C.39:3-54.22 and C.39:3-54.23)shall be considered permits to mount and operate emergency warning lights as provided for in P.L.1977, c.223 (C.39:3-54.7 et seq.) and shall apply to any motor vehicle driven by the member of a volunteer fire company, a volunteer first aid or rescue squad or a volunteer Office of Emergency Management.  Emergency warning lights shall not be mounted prior to the issuance of the identification cards.  Each member of a volunteer fire company, a volunteer first aid or rescue squad or a volunteer Office of Emergency Management must carry the identification card while an emergency warning light or lights are operated on the vehicle.

 L.1977,c.223,s.5; amended 1995, c.37, s.2; 2005, c.34, s.3; 2005, c.218, s.4.
 
NJSA 39:3-54.12
39:3-54.12   Rights of motor vehicle with emergency lights in operation.

 6. Nothing contained herein is intended to grant to any member of a volunteer fire company, a volunteer first aid or rescue squad or a volunteer Office of Emergency Management any privileges or exemptions denied to the drivers of other vehicles, and such members operating emergency warning lights shall drive with due regard for the safety of all persons and shall obey all the traffic laws of this State including R.S.39:4-81, provided, however, that the drivers of non-emergency vehicles upon any highway shall yield the right of way to the vehicle of any member of a volunteer fire company, a volunteer first aid or rescue squad or a volunteer Office of Emergency Management operating emergency warning lights in the same manner as is provided for authorized emergency vehicles pursuant to R.S.39:4-92.

 L.1977,c.223,s.6; amended 2005, c.34, s.4; 2005, c.218, s.5.
 
NJSA 39:3-54.13
39:3-54.13   Violation of act; penalty.
 7. Any person authorized to operate emergency warning lights pursuant to P.L.1977, c.223 (C.39:3-54.7 et seq.) who willfully operates such emergency warning lights in violation of the provisions of P.L.1977, c.223 (C.39:3-54.7 et seq.) shall be liable to a penalty of not more than $100 and the person's privilege to operate such emergency warning lights may be suspended or revoked by the Chief Administrator of the New Jersey Motor Vehicle Commission.  A person who is not authorized to operate emergency warning lights who willfully operates such emergency warning lights shall be liable to a penalty of not more than $200.

 L.1977,c.223,s.7; amended 1995, c.37, s.3; 2005, c.218, s.6.
 
NJSA 39:3-54.14
39:3-54.14.  Special identification lights;  vehicles of licensed private detective businesses;  permits;  penalty for violation
    a.  The director may issue permits authorizing vehicles of licensed private  detective businesses under contractual agreement to provide community security  services in planned developments as defined in the "Municipal Land Use Law"  P.L.1975, c. 291 (C. 40:55D-1 et seq.), to be equipped with and display a  special identification light.  Issuance of such permits shall, in addition, be  approved and signed by the chief law enforcement official in the municipality  in which such permit shall be used.  The permit shall specify the type of  light, the manner in which it shall be displayed and the conditions under which  the operator of the vehicle may drive or move the vehicle when the light is in  use.  The permit shall also specify the color of the light, which shall be  other than red. The permit for the use of the special identification light  shall be carried by the operator while the light is displayed on the vehicle.

    b.  The permit shall be valid only when the specifications and conditions contained therein are complied with, and the director may cancel or revoke a permit issued pursuant to this act whenever the conditions for its issuance no longer exist or on any other reasonable grounds.  The director shall charge a $25.00 fee for the issuance of each such permit.

    c.  Any person authorized to display a special identification light pursuant  to this act who displays or uses said light in violation of the provisions of  this act shall be liable to a penalty of $50.00 for the first offense, and  $100.00 for the second and each subsequent offense.

     L.1979, c. 314, s. 1, eff. Jan. 18, 1980.
 
NJSA 39:3-54.15
39:3-54.15   Warning lights, sirens on vehicle of volunteer fire, first aid or rescue squad chiefs or officers.

 1. A current chief or first assistant chief of a volunteer fire company, or chief officer of a first aid or rescue squad, recognized by and rendering service in any municipality may mount and operate on a motor vehicle owned by him and registered in his name a red emergency warning light or lights, a siren, or both, as prescribed in P.L.1985, c.171 (C.39:3-54.15 et seq.).  The size and type of lights and siren, and the location of their controls, shall be determined by the Chief Administrator of the New Jersey Motor Vehicle Commission.

 L.1985,c.171,s.1;  amended 2005, c.218, s.7.
 
NJSA 39:3-54.16
39:3-54.16.  Placement of lights
    All red emergency lights shall be mounted on the exterior of the motor vehicle.  No more than two red emergency warning lights shall be installed on a vehicle.  If one light is used it shall be installed in the center of the roof of the vehicle, or on the left windshield column in a position where a spotlight is normally located.  If two lights are used they may be placed on the windshield columns on each side of the vehicle where spotlights are normally mounted, or on either side of the roof at the front of the vehicle directly back of the top of the windshield.  Under no circumstances may one light be placed on the roof and one on a windshield column in the spotlight position.  They shall be operated only while the vehicle is being used by the registered owner chief or first assistant chief in answering a fire or emergency call.

   L. 1985, c. 171, s. 2, eff. May 31, 1985.
 
NJSA 39:3-54.17
39:3-54.17.  Siren mounting, operation
    All sirens shall be mounted under the hood of the motor vehicle and shall be operated only while the vehicle is being used by the registered owner chief or first assistant chief in answering a fire or emergency call.

   L. 1985, c. 171, s. 3, eff. May 31, 1985.
 
NJSA 39:3-54.18
39:3-54.18.  Identification cards
    The Director of the Division of Motor Vehicles shall prepare suitable identification cards bearing the signature of the director, which, upon the request of the mayor or chief executive officer of any municipality recognizing and being served by a volunteer fire company, on a form and in a manner prescribed by the director, shall be forwarded to the mayor or chief executive officer, to be countersigned and issued by the mayor or chief executive officer to the chief or first assistant chief of the volunteer fire company.  Identification cards issued pursuant to this section shall be considered permits to display and operate red emergency warning lights, sirens, or both,  as provided for in this act, and no lights or sirens shall be mounted prior to the issuance of the identification cards.  Each chief or first assistant chief of a volunteer fire company shall carry the identification card while red emergency warning lights, sirens, or both, are displayed on his vehicle.

   L. 1985, c. 171, s. 4, eff. May 31, 1985.
 
NJSA 39:3-54.19
39:3-54.19.  Subject to traffic laws; right-of-way or sirens; yielding right of way
    This act shall not grant to any chief or first assistant chief of a volunteer fire company any privileges or exemptions denied to the drivers of other vehicles, and persons displaying red emergency warning lights, sirens, or both, shall drive with due regard for the safety of all persons and shall obey the traffic laws of this State; but drivers of nonemergency vehicles upon any highway shall yield the right of way to the vehicle of any chief or first assistant chief of a volunteer fire company displaying red emergency warning lights, sirens, or both, in the same manner as is provided for authorized emergency vehicles pursuant to R.S. 39:4-92.

   L. 1985, c. 171, s. 5, eff. May 31, 1985.
 
NJSA 39:3-54.20
39:3-54.20.  Penalty for violation
    Any person authorized to display red emergency warning lights, sirens, or both, pursuant to this act, who willfully displays or uses the lights or sirens in violation of the provisions of this act, shall be liable to a penalty of not more than $50.00 and his privilege to display the lights or sirens may be suspended or revoked by the Director of the Division of Motor Vehicles.

   L. 1985, c. 171, s. 6, eff. May 31, 1985.
 
NJSA 39:3-54.21
39:3-54.21.  Rural letter carriers permitted to use amber warning light on motor vehicle; rules, regulations 
     a.   Any employee of the United States Postal Service who, as part of his assigned duties as a rural route letter carrier, is required to use a motor vehicle owned or leased by him or a member of his family in the performance of his duties may display on that motor vehicle an amber warning light. 

    The amber warning light may be operated only while the motor vehicle is being used by the United States Postal Service employee in the performance of his duties as a rural letter carrier. 

    The amber warning lights authorized under the provisions of this act shall be temporarily attached, removable lights of the flashing or revolving type, not more than 7 1/2 inches in diameter, not more than 51 candlepower, and shall be controlled by a switch installed inside the vehicle. 

    While in operation, the amber warning light shall be conspicuously displayed on the roof of the motor vehicle. 

    Nothing herein shall be construed to grant any person displaying and operating an amber warning light pursuant to the provisions of this act any privileges or exemptions denied to the drivers of other motor vehicles and all such persons shall drive with due regard for the safety of all persons and shall obey the traffic laws of this State. 

    b.   The Director of the Division of Motor Vehicles, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. 

    L.1991,c.4,s.1.