NJSA 39:3-75.3 through NJSA 39:3-79.9

 
NJSA 39:3-75.3
39:3-75.3.  Violations, fines
 3.  a.  A person who violates the provisions of subsection b. of section 2 of P.L.1999, c.308 (C.39:3-75.2) shall be subject to a fine not exceeding $100; provided, however, if a person charged with such a violation can exhibit a certificate or card which was valid on the day he was charged to the judge of the municipal court before whom he is summoned to answer the charge, the judge may dismiss the charge.  The judge, however, may impose court costs.

 b. A person who violates the provisions of the regulations adopted pursuant to subsection c. or d. of section 2 of P.L.1999, c.308 (C.39:3-75.2) shall be subject to a fine not to exceed $1,000 for a first offense and not to exceed $5,000 for a second or subsequent offense.

 L.1999,c.308,s.3.
 
NJSA 39:3-76
39:3-76.  Dangerous exhaust gases
    Every motor vehicle shall be equipped and maintained so that exhaust gases cannot injure any person or animal, and no person shall use any motor vehicle so as to cause or be likely to cause any such injury.
 
NJSA 39:3-76.1
39:3-76.1.  Use of sign  "Press"  on motor vehicle
    No person shall operate a motor vehicle on which is affixed any sign, poster  or sticker with the word  "Press"  or any other word or words indicating that  the motor vehicle is in use by a reporter for a newspaper or other periodical  except during such time as such motor vehicle is in actual use by a reporter  for a newspaper or other periodical while engaged in his duties as such  reporter.

     L.1943, c. 101, p. 332, s. 1.
 
NJSA 39:3-76.2
39:3-76.2.  Safety belts or restraining devices
    No person shall sell or operate any passenger automobile manufactured after  July 1, 1966, and registered in this State unless such passenger automobile is  equipped with at least two sets of seat safety belts for the front seat of the  passenger automobile and the anchorage units necessary for their attachment or  other suitable restraining device.  Such seat safety belts and anchorage units  or such restraining device shall be of a type approved by the Director of the  Division of Motor Vehicles in the Department of Law and Public Safety, and in  making any such approval the director shall be guided by the specifications of  the Society of Automotive Engineers and the standards of the Federal Department  of Transportation.

     L.1965, c. 107, s. 1.  Amended by L.1973, c. 194, s. 1, eff. June 28, 1973.
 
NJSA 39:3-76.2a
39:3-76.2a   Child passenger restraint system; booster seat, use; failure to use not contributory negligence; inadmissibility in evidence.

 1. Every person operating a motor vehicle, other than a school bus, equipped with safety belts who is transporting a child under the age of eight years and weighing less than 80 pounds on roadways, streets or highways of this State, shall secure the child in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat.  If there are no rear seats, the child shall be secured in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213 .  In no event shall failure to wear a child passenger restraint system or to use a booster seat be considered as contributory negligence, nor shall the failure to wear the child passenger restraint system be admissible as evidence in the trial of any civil action.

 L.1983,c.128,s.1; amended 2001, c.244, s.1.
 
NJSA 39:3-76.2c
39:3-76.2c.  Informational material
   The Division of Motor Vehicles shall print such materials as to adequately inform the public about the types of child passenger restraint systems meeting federal motor vehicle safety standards.  These materials may be made available to car dealers, parent groups, hospitals and the general public.

     L.1983, c. 128, s. 3, eff. April 7, 1983.
 
NJSA 39:3-76.2d
39:3-76.2d.  Fines;  suspension of fine
    Any person guilty of violating any of the provisions of this act shall be fined not less than $10.00 and not more than $25.00.  The court shall suspend any fine imposed for failure to use a child restraint system if the defendant demonstrates that he possesses a child restraint system that complies with the federal standard applicable when it was manufactured and is using it according to the manufacturer's instructions.

     L.1983, c. 128, s. 4, eff. April 7, 1983.
 
NJSA 39:3-76.2e
39:3-76.2e.  Short title.
    This act shall be known and may be cited as the  "Passenger Automobile Seat  Belt Usage Act."

     L.1984, c. 179, s. 1, eff. March 1, 1985.
 
NJSA 39:3-76.2f
39:3-76.2f   Seat belt usage requirements for persons ages 8-18; driver's responsibility.
 2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under eight years of age and weighing less than 80 pounds, all passengers under eight years of age and weighing more than 80 pounds, and all passengers who are at least eight years of age but less than 18 years of age, and each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

 b. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger who is at least eight years of age but less than 18 years of age.

 For the purposes of the "Passenger Automobile Seat Belt Usage Act," the term "passenger automobile" shall include vans, pick-up trucks and utility vehicles.

 L.1984,c.179,s.1;  amended 1999, c.422, s.1; 2001, c.244, s.2.
 
NJSA 39:3-76.2g
39:3-76.2g   Exceptions to seat belt usage requirements.

 3. This act shall not apply to a driver or front seat passenger of:

 a. A passenger automobile manufactured before July 1, 1966;

 b. A passenger automobile in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons;

 c. A passenger automobile which is not required to be equipped with a safety seat belt system under federal law;

 d. A passenger automobile operated by a rural letter carrier of the United States Postal Service while performing the duties of a rural letter carrier; or

 e. A passenger automobile which was originally constructed with fewer safety seat belt systems than are necessary to allow the passenger to be buckled.

 L.1984,c.179,s.3;  amended 1999, c.422, s.2.
 
NJSA 39:3-76.2h
39:3-76.2h.  Personal injury or death actions;  effect of act
    This act shall not be deemed to change existing laws, rules, or procedures pertaining to a trial of a civil action for damages for personal injuries or death sustained in a motor vehicle accident.

     L.1984, c. 179, s. 4, eff. March 1, 1985.
 
NJSA 39:3-76.2j
39:3-76.2j   Violations, fines.
 6. A person who violates section 2 of this act shall be fined $20.00. 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 act.  A person who is fined under this section for a violation of this act 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).

 L.1984,c.179,s.6; amended 1999, c.422, s.3.
 
NJSA 39:3-76.2k
39:3-76.2k.  Informational booklet;  availability to public
    The Director of the Division of Motor Vehicles shall develop a booklet containing information on the benefits of wearing safety seat belt systems. The booklet shall be made available upon request to the general public.

     L.1984, c. 179, s. 7, eff. March 1, 1985.
 
NJSA 39:3-76.3
39:3-76.3.  Motorcycles;  height of handle bar grips
    No person shall operate on a public highway a motorcycle on which the handle  bar grips are higher than the shoulder height of the operator when seated.

     L.1967, c. 237, s. 2, eff. Jan. 1, 1968.  Amended by L.1979, c. 434, s. 1, eff. Feb. 14, 1980.
 
NJSA 39:3-76.3a
39:3-76.3a   Motorcycles, conformance to federal standards, NHTSA certification.
 5. No motorcycle shall be operated on the public highways or roadways of this State unless the motorcycle was manufactured in compliance with applicable Federal Motor Safety Standards that were in effect on the day the motorcycle was manufactured and the motorcycle has a certification label, in the format prescribed by the National Highway Traffic Safety Administration, attesting to that compliance, permanently affixed by the original manufacturer.

 L.2005,c.159,s.5.
 
NJSA 39:3-76.4
39:3-76.4.  Muffler systems for motorcycles
    In addition to the muffler requirements contained in section 39:3-70 of the  Revised Statutes, motorcycles shall be equipped with muffler systems designed  especially for motorcycles and of a type approved by the director.

     L.1967, c. 237, s. 3, eff. Jan. 1, 1968.
 
NJSA 39:3-76.5
39:3-76.5.   Permanent seat; passengers; seat, hand holds and footrests; helmets; method of riding; violations; penalties
    a.   A person operating a motorcycle shall ride only upon the permanent and  regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle  is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator.  A passenger shall ride astride on a motorcycle only if the feet of that passenger rest firmly upon the footrests attached to the motorcycle as required by subsection b. of this section.  A passenger on a motorcycle, whether riding astride or in a sidecar attached to the motorcycle, shall wear a securely fitted helmet of a size proper for that passenger as required under section 6 of P.L. 1967, c. 237 (C. 39:3-76.7).

   A motorcycle operator who carries a passenger in violation of this subsection shall be fined not less than $50.00 nor more than $100.00.

   b.   Motorcycles designed to carry more than one person shall be equipped with adequate footrests for each passenger.  Seats and footrests shall be of a type approved by the director.  Handholds shall be required only insofar as they are necessary to comply with federal regulations.

   L. 1967, c. 237, s. 4, eff. Jan. 1, 1968.  Amended by L. 1979, c. 57, s. 1, eff. March 27, 1979; L. 1985, c. 15, s. 1, eff. Jan. 23, 1985.
 
NJSA 39:3-76.6
39:3-76.6.  Rules and regulations;  motorcycle equipment
    The director is authorized to adopt rules and regulations covering the types  and specifications of the equipment for motorcycles required by this act.

     L.1967, c. 237, s. 5, eff. Jan. 1, 1968.
 
NJSA 39:3-76.7
39:3-76.7.   Protective helmets 
     6.  a.  No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the director.  Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof.  The director is authorized and empowered to adopt rules and regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder.  For the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering. 

    b.   The director shall not assess motor vehicle points for the failure of a motorcycle operator or rider to wear a protective helmet. 

    L.1967,c.237,s.6; amended 1984,c.33,s.3; 1985,c.15,s.2; 1992,c.153. 
 
NJSA 39:3-76.8
39:3-76.8.  Goggles or face shield to be worn by motorcycle operator
    No person shall operate a motorcycle unless he wears goggles or a face shield of a type approved by the director.  The director is authorized and empowered to adopt rules and regulations covering types of goggles and face shields and the specifications therefor and to establish and maintain a list of  approved goggles and face shields which meet the specifications as established  hereunder.  For the purposes of this section, motorcycle shall not include any  three-wheeled motor vehicle equipped with a single cab with glazing enclosing  the occupant, seats similar to those of a passenger vehicle or truck, seat  belts and automotive steering.

     L.1967, c. 237, s. 7, eff. Jan. 1, 1968.  Amended by L.1984, c. 33, s. 4.
 
NJSA 39:3-76.9
39:3-76.9.  Wind screen;  goggles or face shield not necessary
    The provisions of section 7 of this act with respect to goggles and face shields shall not apply to the operator of a motorcycle equipped with a wind screen meeting specifications established by the director.

     L.1967, c. 237, s. 8, eff. Jan. 1, 1968.
 
NJSA 39:3-76.10
39:3-76.10.  Sale of helmets, goggles or face shields;  type and specifications approved by director
    No person shall sell, offer for sale or distribute any protective helmets, goggles or face shields for use by the operators of motorcycles, or protective helmets for the use of passengers thereon, unless they are of a type and specifications approved by the director and appear on the list of approved devices maintained by the director.

     L.1967, c. 237, s. 9, eff. Jan. 1, 1968.
 
NJSA 39:3-77
39:3-77.  Selling or using unapproved devices or equipment
    No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle any unapproved device or equipment of a type which is required to be approved by the commissioner.

    No person shall have for sale, sell, offer for sale or use any device, part  or accessory which changes or is intended to change the design or designed  performance of any device or equipment required to be approved.

    No person shall have for sale, sell or offer for sale for use upon or as part of the equipment of any motor vehicle or motor-drawn vehicle any device or  equipment of a type required to be approved unless such device or equipment  bears thereon the trade-mark or name under which it is approved so as to be  plainly visible when installed.
 
NJSA 39:3-77.1
39:3-77.1.  Use of national school bus chrome paint on motor vehicles
    No motor vehicle with a capacity of more than 16 passengers shall be painted  National School Bus Chrome, unless that vehicle is used to transport children  to or from school, or a summer day camp, or any school connected activity.

    Whenever any motor vehicle with a capacity of more than 16 passengers, which  has been used for the transportation of children to or from school, or a summer  day camp, or any school connected activity, is no longer used for these  purposes, it shall be repainted a color distinctively different from National  School Bus Chrome.

     L.1971, c. 86, s. 1, eff. April 8, 1971.
 
NJSA 39:3-77.2
39:3-77.2.  Motor vehicles to which persons admitted to purchase merchandise  or view exhibit;  exit door
    Every motor vehicle, including any van or trailer, to which persons are admitted for the purpose of purchasing merchandise, including books, or for the  purpose of viewing any exhibit, shall in addition to an entrance door be equipped with a separate exit door.  Such exit shall be plainly identified as an exit and shall be kept unobstructed at all times.

     L.1971, c. 457, s. 1, eff. Feb. 29, 1972.
 
NJSA 39:3-78
39:3-78.  Construction of article
    Nothing in this article contained shall be construed to amend, repeal or in  any manner impair the operation or effect of section 39:3-4.1 of this title.
 
NJSA 39:3-79
39:3-79.  Fine for violating article
    Any person violating any of the provisions of this article shall be subject  to a fine not exceeding twenty-five dollars.
 
NJSA 39:3-79.1
39:3-79.1.  Devices to prevent throwing of dirt on windshields of following  vehicles
    No person shall operate or cause to be operated any bus, truck, full trailer  or semitrailer of registered gross weight exceeding three tons on any public  highway unless the same is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels, and, in case the rear wheels  are not covered at the top by fender, body or other parts of the vehicle, the  rear wheels shall be covered at the top by protective means, of such standard  type or design and installed in such manner as shall be approved by the  Director of the Division of Motor Vehicles in the Department of Law and Public  Safety and as shall conform substantially to any requirements of the Interstate  Commerce Commission governing similar subject matter, in order to prevent, as  far as practical, such wheels from throwing dirt, water or other materials on  the windshields of the following vehicles, except in cases in which the motor  vehicle is so designed and constructed that the above requirements are  accomplished by reason of fender or body construction or other means of  enclosure; provided, however, this act shall not apply to pole trailers, dump  trucks, tanks, or other vehicles where the construction thereof is such that complete freedom around the wheel area is necessary to secure the designed use  of the vehicle.

     L.1952, c. 343, p. 1122, s. 1.
 
NJSA 39:3-79.2
39:3-79.2.  Violations
    Any person who shall violate any of the provisions of this act shall, upon conviction, suffer and pay a penalty not exceeding fifty dollars ($50.00), or suffer imprisonment for a term not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the magistrate before whom such conviction is had.

     L.1952, c. 343, p. 1123, s. 2.
 
NJSA 39:3-79.3
39:3-79.3.  Effective date
    This act shall take effect January first, one thousand nine hundred and fifty-three.

     L.1952, c. 343, p. 1123, s. 3.
 
NJSA 39:3-79.4
39:3-79.4.  Motor vehicle powered by compressed or liquified gaseous fuel; identification with diamond shaped label;  fee
    a.  No person shall drive upon a public highway, road or street a motor vehicle registered or principally garaged in this State and powered primarily or secondarily by a compressed or liquified gaseous fuel unless the vehicle is identified with a weather resistant diamond shaped label which may be obtained from the Division of Motor Vehicles in the Department of Law and Public Safety or from a gas industry source.

    b.  A fee may be charged for the label.  The amount of the fee shall be established by rule and regulation of the Director of the Division of Motor Vehicles and shall not exceed the reasonable cost of preparation and distribution.

     L.1984, c. 55, s. 1, eff. Sept. 1, 1984.
 
NJSA 39:3-79.5
39:3-79.5.  Diamond shaped label;  requirements;  rules and regulations on placement and appearance
    The Director of the Division of Motor Vehicles may promulgate rules and regulations governing the placement and appearance of the label in addition to the following requirements:

    a.  The label shall be located on an exterior vertical or near vertical surface on the lower right rear of the vehicle, but not on the bumper, and toward the center and away from any other markings.

    b.  The label shall contain a border and one inch minimum height letters centered in the diamond.

    c.  The markings shall be of a silver or white reflective luminous material  on a black background and the letters shall indicate the type of compressed or  liquified gas used as fuel for the vehicle.

     L.1984, c. 55, s. 2, eff. Sept. 1, 1984.
 
NJSA 39:3-79.6
39:3-79.6.  Inspection for compliance with provisions of act
    The vehicle identification required in this act shall, at the time of an inspection pursuant to this Title, be inspected for compliance with the provisions of this act.

     L.1984, c. 55, s. 3, eff. Sept. 1, 1984.
 
NJSA 39:3-79.7
39:3-79.7.  Failure to comply;  penalties
    Any person who fails to comply with sections 1 and 2 of this act following an inspection shall be subject to the penalties of R.S. 39:8-9.

     L.1984, c. 55, s. 4, eff. Sept. 1, 1984.
 
NJSA 39:3-79.8
39:3-79.8.  Prohibition of supplying fuel to vehicle without label; violations;  penalty
    a.  Any person requested to supply the compressed or liquified gaseous fuel  for any vehicle covered under this act shall refuse to provide the fuel unless  the vehicle for which the fuel is intended displays the label required herein.

    b.  Any person who violates subsection a. of this section shall be liable for a penalty of $25.00 for the first offense and $50.00 for each subsequent offense which may be collected in accordance with  "the penalty enforcement law"  (N.J.S. 2A:58-1 et seq.) by the Attorney General.

     L.1984, c. 55, s. 5, eff. Sept. 1, 1984.
 
NJSA 39:3-79.9
39:3-79.9.  Publicity of provisions of act
   The Director of the Division of Motor Vehicles in the Department of Law and  Public Safety shall periodically publicize the provisions of this act following  its enactment.

     L.1984, c. 55, s. 6, eff. Sept. 1, 1984.