NJSA 39:3B-20 through NJSA 39:3C-18
NJSA39:3B-20
39:3B-20 Definitions relative to school bus safety.
3. As used in this act:
"Director" means the Director of the Division of Motor Vehicles in the Department of Transportation;
"Division" means the Division of Motor Vehicles in the Department of Transportation;
"In-terminal inspection" means an inspection conducted by the Division of Motor Vehicles at the operator's terminal of any motor vehicle required to meet the safety regulations for school buses adopted by the Department of Transportation pursuant to R.S.39:3B-5 and P.L.1986, c.92 (C.18A:3B-5.4) and vehicle emissions standards established for engine type pursuant to R.S.39:8-2 and section 3 of P.L.1995, c.157 (C.39:8-61);
"Operator" means the owner or person responsible for the day to day operation and maintenance of school buses;
"School bus" means all Type I and Type II school buses as defined in R.S.39:1-1 and school buses retired pursuant to P.L.1986, c.92 (C.39:3B-5.4), under the jurisdiction of the division.
L.1999,c.5,s.3.
NJSA 39:3B-21
39:3B-21 Establishment of school bus enhanced safety inspection program.
4. a. The director shall establish a school bus enhanced safety inspection program which shall include, but not be limited to, the following elements:
(1) an in-terminal school bus inspection program which provides for the semi-annual or annual inspection of school buses by division inspection teams;
(2) standards and requirements pertaining to the equipment, maintenance, and repair of school buses subject to inspection pursuant to this act; all in-terminal inspections, including those involving diesel vehicles, shall include an emission inspection to determine whether that vehicle meets the State's emission specifications and standards;
(3) standards and requirements pertaining to the establishment and maintenance of school bus maintenance, repair, and inspection records for all school buses in the operator's fleet; and
(4) standards and requirements pertaining to the establishment and maintenance of driver employment records, including records which demonstrate a driver's compliance with all statutory and regulatory requirements for authorization to operate a school bus, and any other records and credentials deemed necessary by the director for school bus drivers employed by the operator. The records shall be made available to division inspectors during each in-terminal inspection.
b. If an operator does not have adequate terminal facilities to allow for a proper and thorough in-terminal inspection, the director shall designate an in-lieu-of terminal site and direct the operator to present his buses and records to that site for inspection on such terms and conditions as determined by the director.
c. The time and location of any inspection or reinspection conducted pursuant to this section shall be determined by the director. Unless an owner agrees to a different time schedule, the director shall schedule a reinspection within three days of the date of the inspection that necessitated the reinspection.
L.1999,c.5,s.4.
NJSA 39:3B-22
39:3B-22 Violations, penalties.
5. a. Any operator who violates the standards for driver employment records established pursuant to subsection a. of section 4 of this act, or who fails to retain proper records for inspection as required, or who fails to make available any record or document required at the time of inspection, or who falsifies any record, or who fails to present or otherwise make available any school bus or buses due for inspection, as requested by an examiner, unless notification of the intent to withhold a bus or buses from an examiner is made in writing at least 24 hours prior to the scheduled inspection, shall be fined not less than $50 and not more than $500 per violation, in accordance with a schedule of fines to be established by the director. The director shall waive the requirement of notice upon a showing of good cause by an operator. A bus withheld from an examiner pursuant to this section shall be inspected within 30 days of the date of the originally scheduled inspection, unless otherwise agreed by the operator and the director. The operator shall be responsible for all fines.
Nothing in this subsection shall be deemed to preclude any other enforcement actions provided by law.
b. Any fine imposed pursuant to the provisions of this section may be collected, with costs, in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. The Superior Court or municipal court of the county or municipality in which the violation occurs or in which the operator resides or has a place of business or principal office in this State, shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with any violation of this act.
The director or any duly authorized representative of the director may issue a summons and complaint returnable in any court of competent jurisdiction for a violation of this act or any rule or regulation adopted pursuant to this act. A municipal, county, or State prosecutor is authorized to assist the director in the enforcement of this act. The director may institute an action in the Superior Court for injunctive relief to prevent or restrain any violation of this act, or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to this act.
c. Any officer charged with the enforcement of State and municipal laws is authorized to assist the director or any duly authorized representative of the director in the enforcement of the provisions of this act, or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to this act.
L.1999,c.5,s.5.
NJSA 39:3B-23
39:3B-23 Removal from service upon failure of inspection.
6. Any school bus that fails an inspection based on out-of-service criteria as established by the director shall be immediately removed from service.
L.1999,c.5,s.6.
NJSA 39:3B-24
39:3B-24 Rules, regulations.
7. The director shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of this act, including the schedule of fines required pursuant to section 5 of this act and the out of service criteria required pursuant to section 6 of this act.
L.1999,c.5,s.7.
NJSA 39:3B-25
39:3B-25. Use of cell phone prohibited while driving school bus, exception; fines
1. a. It shall be unlawful for the driver of a school bus, as defined in R.S.39:1-1, to use a cellular or other wireless telephone while operating the school bus.
b. The prohibition contained in subsection a. of this section shall not apply:
(1) when the school bus is parked in a safe area off of a highway; or
(2) in an emergency situation.
c. A person who violates this section shall be fined not less than $250 or more than $500.
d. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
L.2002,c.120.
NJSA 39:3C-1
39:3C-1. Definitions
1. As used in this act:
a. "Commissioner" means the Commissioner of the Department of Environmental Protection.
b. "Director" means the Director of the Division of Motor Vehicles in the Department of Law and Public Safety.
c. "Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
d. "Special event" means an organized race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested.
e. "All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts.
L.1973,c.307,s.1.
NJSA 39:3C-2
39:3C-2. Jurisdiction divided
For the purpose of carrying out the provisions of this act:
a. The director shall have the power, duty and authority to administer and enforce all statutes, rules and regulations, except as otherwise provided by statute, relating to the operation and use of snowmobiles and all-terrain vehicles on or across a public highway or on public lands or waters, including but not limited to the following:
(1) Registration, identification, numbering and classification
(2) Equipment
(3) Standards of safety
(4) Educational programs
(5) Promulgate rules and regulations to effectuate the purposes of this act.
b. The Commissioner of Environmental Protection shall have the power, duty and authority to administer and enforce all statutes, rules and regulations, except as otherwise provided by statute, relating to snowmobiles and all-terrain vehicles on the public lands and waters under the jurisdiction of the Department of Environmental Protection.
L. 1973, c. 307, s. 2, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 3.
NJSA 39:3C-3
39:3C-3. Registration required; fees
3. Except as otherwise provided, no snowmobile or all-terrain vehicle shall be operated or permitted to be operated on or across a public highway or on public lands or waters of this State unless registered by the owner thereof as provided by this act. The Director of the Division of Motor Vehicles in the Department of Law and Public Safety is authorized to register and assign a registration number to snowmobiles and all-terrain vehicles, upon application and payment of the appropriate fee in accordance with the following schedule:
a. For each individual resident snowmobile registration, $5.00, and for each individual resident all-terrain vehicle registration, $10.00, annually;
b. For each individual nonresident snowmobile registration, $7.00, and for each individual nonresident all-terrain vehicle registration, $12.00, annually;
c. For replacement of a lost, mutilated or destroyed certificate, $5;
d. For a duplicate registration, $5 at the time of issuance;
e. For an amended registration, $5.
All such registrations shall be issued on or after September 1 in any year and shall be valid through September 30 of the following year, except that the director may suspend or revoke such registration for any violations of this act or of the rules promulgated hereunder.
L.1973,c.307,s.3; amended 1975,c.28; 1985,c.375,s.4; 1991,c.322,s.1; 1994,c.60,s.22.
NJSA 39:3C-4
39:3C-4. Permanent registration number
Once a registration number is assigned, it shall remain with the registered snowmobile or all-terrain vehicle until the snowmobile or all-terrain vehicle is destroyed, abandoned or permanently removed from the State, or until changed or terminated by the director.
L. 1973, c. 307, s. 4, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 5.
NJSA 39:3C-5
39:3C-5. Registration certificate; transfer of ownership
Such registration shall be issued by the director or by agents as designated by him when a snowmobile or all-terrain vehicle is operated across a public highway or on public lands or waters and shall be in such form as the director shall prescribe. The registration certificate shall be subject to inspection by any law enforcement officer on demand and shall be on the vehicle at all times when in operation.
The registration number assigned shall be displayed on each side of the vehicle in such form, location and manner as prescribed by the director.
Whenever ownership is transferred or the use of a snowmobile or all-terrain vehicle for which a registration certificate has already been issued is discontinued, the old registration shall be properly signed and executed by the owner, showing that the ownership has been transferred or its use discontinued, and returned to the director within 10 days of said event. If there is a change of ownership for which a registration certificate has been previously issued, the new owner shall apply for a new registration certificate and set forth the original number in the application. He shall pay the regular fee for the particular snowmobile or all-terrain vehicle involved. The owner of any registration certificate issued under this section may obtain a duplicate from the division upon application and payment of the fee prescribed.
L. 1973, c. 307, s. 5, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 6.
NJSA 39:3C-6
39:3C-6. Private property, government exemptions
a. No registration shall be required for a snowmobile or all-terrain vehicle operated on private property.
b. No registration fee shall be charged for a snowmobile or all-terrain vehicle owned by the federal government, the State, county or municipal government or subdivision thereof.
L. 1973, c. 307, s. 6, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 7.
NJSA 39:3C-7
39:3C-7. Reciprocity
The registration provisions of this act shall not apply to nonresident owners who have complied with the registration and licensing laws of the state or country of residence, provided that the snowmobile or all-terrain vehicle is appropriately identified in accordance with the laws of the state of residence and conspicuously displays the registration number issued by the state or country of residence. Nothing in this section shall be construed to authorize the operation of any snowmobile or all-terrain vehicle contrary to the provisions of this act.
L. 1973, c. 307, s. 7, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 8.
NJSA 39:3C-8
39:3C-8. Display of registration number
The registration number assigned to a snowmobile or all-terrain vehicle shall be displayed on the vehicle at all times in such manner as the director may, by regulation, prescribe. No number other than the number assigned by the director, or the identification number of the registration in another state, shall be painted, attached or otherwise displayed on either side of the cowling, except that racing numbers on a snowmobile or all-terrain vehicle being operated in prearranged organized special events may be temporarily displayed for the duration of the race.
L. 1973, c. 307, s. 8, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 9.
NJSA 39:3C-9
39:3C-9. Production of certificate
9. a. Every person operating a snowmobile or all-terrain vehicle registered or transferred in accordance with any of the provisions of this act shall, upon demand of any peace officer, law enforcement officer, duly authorized official of the Department of Environmental Protection, or a police officer, produce for inspection the certificate of registration and shall furnish to such officer any information necessary for the identification of such snowmobile or all-terrain vehicle and its owner. The failure to produce the certificate of registration when operating a snowmobile or all-terrain vehicle on public lands and waters or when crossing a public highway shall be presumptive evidence in any court of competent jurisdiction of operating a snowmobile or all-terrain vehicle which is not registered as required by this act.
b. A person less than 18 years of age who operates an all-terrain vehicle which is registered in this State shall produce upon demand a certificate indicating that person's successful completion of an all-terrain vehicle safety education and training course established or certified by the director in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15). The failure to produce the certificate when operating an all-terrain vehicle on public lands or waters, or when crossing a public highway, shall be presumptive evidence in any court of competent jurisdiction of the operation of the all-terrain vehicle in violation of the requirement in subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16).
L.1973,c.307,s.9; amended 1985,c.375,c.10; 1991,c.322,s.2.
NJSA 39:3C-10
39:3C-10. Notice of change of address
It shall be the duty of every owner holding a certificate of registration to notify the division, in writing, of any change of residence of such person within 7 days after such change occurs.
L.1973, c. 307, s. 10, eff. Dec. 14, 1973.
NJSA 39:3C-11
39:3C-11. Transfer of ownership
Whenever the ownership of a snowmobile or all-terrain vehicle is transferred or the use for which a registration certificate has already been issued is discontinued, the old registration certificate shall be properly signed and executed by the owner, showing that the ownership of the snowmobile or all-terrain vehicle has been transferred or its use discontinued, and returned to the division within 10 days after transfer or discontinuance. If there is a change of ownership for which a registration certificate has previously been issued, the new owner shall apply for a new certificate. He shall set forth the original number issued in the application accompanied by the old registration properly signed by the previous owner and with the required fee submitted to the division, for registration.
L. 1973, c. 307, s. 11, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 11.
NJSA 39:3C-12
39:3C-12. Notification of destruction, theft
It shall be the duty of every owner of a snowmobile or all-terrain vehicle registered pursuant to this act to notify the division, in writing, of the destruction, theft or permanent removal of such from the State, within 10 days thereafter; and in the event of the destruction or theft of such, shall surrender the certificate of registration with such notice.
L. 1973, c. 307, s. 12, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 12.
NJSA 39:3C-13
39:3C-13. Permit for park use
No political subdivision of the State shall require additional licensing or registration of snowmobiles or all-terrain vehicles which are covered by the provisions of this act.
Nothing herein shall however prohibit the requirement of a permit by State or local parks for use of snowmobiles on park lands or in any way affect the authority of the Department of Environmental Protection, the commissioner thereof, or those responsible for the operation of a park from adopting rules and regulations concerning the use of snowmobiles and all-terrain vehicles.
L. 1973, c. 307, s. 13, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 13.
NJSA 39:3C-14
39:3C-14. Environmental regulations
14. The commissioner, with a view towards minimizing detrimental effects on the environment, shall adopt rules and regulations relating to and including, but not limited to, the following:
a. Use of snowmobiles and all-terrain vehicles insofar as fish, wildlife and plantlife resources are affected;
b. Use of snowmobiles and all-terrain vehicles on public lands and waters under the jurisdiction of the Department of Environmental Protection.
The commissioner may locate, designate and make available by the effective date of this act appropriate areas of public lands upon which all-terrain vehicle safety education and training programs established or certified by the Director of the Division of Motor Vehicles in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15) may be conducted. The commissioner shall report to the Legislature and the Governor within one year after the effective date of this act on the size and location of the public lands located, designated and made available; on the frequency of the use, or the estimated frequency of use, of these public lands for safety education and training programs; and the environmental impact of this use on the lands.
L.1973,c.307,s.14; amended 1985,c.375,s.14; 1991,c.322,s.3.
NJSA 39:3C-15
39:3C-15. Motor vehicle regulations
15. The Director of the Division of Motor Vehicles shall adopt rules and regulations relating to and including, but not limited to:
a. Specifications relating to equipment required for safety as provided herein.
b. Establishment of a comprehensive snowmobile and all-terrain vehicle information and safety education and training program.
c. The regulations pertaining to and the granting of permits for the conduct of all prearranged special events as provided in this act, except that in the case of those special events conducted on public lands and waters under the jurisdiction of the Department of Environmental Protection any regulations must be approved jointly by the director and the commissioner.
In accordance with the requirement in paragraph b. of this section, the director shall establish an all-terrain vehicle safety education and training program to be offered by the division, or shall certify other all-terrain vehicle safety education and training programs to be offered by public or private agencies or organizations, the successful completion of which shall satisfy the training requirements in subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16). A person less than 16 years of age participating in an all-terrain vehicle safety education and training course established or certified by the director shall operate during the training only an all-terrain vehicle with an engine capacity of 90 cubic centimeters or less.
L.1973,c.307,s.15; amended 1985,c.375,s.15; 1991,c.322,s.4.
NJSA 39:3C-16
39:3C-16. Age requirements
16. a. A person under the age of 14 years shall not operate or be permitted to operate any snowmobile or all-terrain vehicle on public lands or waters or across a public highway.
b. A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this State an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters.
c. A person less than 18 years of age shall not operate an all-terrain vehicle registered in this State on public lands or waters or across a public highway of this State unless the person has completed an all-terrain vehicle safety education and training course established or certified by the director pursuant to section 15 of P.L.1973, c.307 (C.39:3C-15). At all times during the operation of the all-terrain vehicle, the person shall have in his possession a certificate indicating successful completion of the course.
L.1973,c.307,s.16; amended 1985,c.375,s.16; 1991,c.322,s.5.
NJSA 39:3C-17
39:3C-17. Operational limitations
a. No person shall operate a snowmobile or all-terrain vehicle upon limited access highways or within the right-of-way limits thereof.
b. No person shall operate a snowmobile or all-terrain vehicle upon the main traveled portion or the plowed snowbanks of any public street or highway or within the right-of-way limits thereof except as follows:
(1) Properly registered snowmobiles or all-terrain vehicles may cross, as directly as possible, public streets or highways, except limited access highways, provided that such crossing can be made in safety and that it does not interfere with the free movement of vehicular traffic approaching from either direction on such public street or highway. Prior to making any such crossing, the operator shall bring the snowmobile or all-terrain vehicle to a complete stop. It shall be the responsibility of the operator of a snowmobile or all-terrain vehicle to yield the right-of-way to all vehicular traffic upon any public street or highway before crossing same.
(2) Whenever it is impracticable to gain immediate access to an area adjacent to a public highway where a snowmobile or all-terrain vehicle is to be operated, it may be operated adjacent and parallel to such public highway for the purpose of gaining access to the area of operation. This subsection shall apply to the operation of a snowmobile or all-terrain vehicle from the point where it is unloaded from a motorized conveyance to the area where it is to be operated, or from the area where operated to a motorized conveyance, when such loading or unloading cannot be effected in the immediate vicinity of the area of operation without causing a hazard to vehicular traffic approaching from either direction on said public highway. Such loading or unloading must be accomplished with due regard to safety, at the nearest possible point to the area of operation.
L. 1973, c. 307, s. 17, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 17.
NJSA 39:3C-18
39:3C-18. Operation on property of others; limitations of liability
18. a. No person shall operate a snowmobile or all-terrain vehicle on the property of another without receiving the consent of the owner of the property and the person who has a contractual right to the use of such property.
b. No person shall continue to operate a snowmobile or all-terrain vehicle on the property of another after consent, as provided in subsection a. above, has been withdrawn.
c. No owner of real property and no person or entity having a contractual right to the use of real property, no matter where such property is situate in this State, shall assume responsibility or incur liability for any injury or damage to an owner, operator or occupant of a snowmobile or all terrain vehicle where such injury or damage occurs during, or arises out of the operation or use of such vehicle, unless: (1) the operation or use is with the express consent of the owner and contractual user of the property and (2) the provisions of P.L.1968, c.73 (C.2A:42A-2 et seq.) or P.L.1985, c.431 (C.2A:42A-6 et seq.) do not limit liability. This subsection shall not limit the liability which would otherwise exist for the willful or malicious creation of a hazardous condition.
L.1973,c.307,s.18; amended 1985,c.375,s.18; 1991,c.496,s.8.
39:3B-20 Definitions relative to school bus safety.
3. As used in this act:
"Director" means the Director of the Division of Motor Vehicles in the Department of Transportation;
"Division" means the Division of Motor Vehicles in the Department of Transportation;
"In-terminal inspection" means an inspection conducted by the Division of Motor Vehicles at the operator's terminal of any motor vehicle required to meet the safety regulations for school buses adopted by the Department of Transportation pursuant to R.S.39:3B-5 and P.L.1986, c.92 (C.18A:3B-5.4) and vehicle emissions standards established for engine type pursuant to R.S.39:8-2 and section 3 of P.L.1995, c.157 (C.39:8-61);
"Operator" means the owner or person responsible for the day to day operation and maintenance of school buses;
"School bus" means all Type I and Type II school buses as defined in R.S.39:1-1 and school buses retired pursuant to P.L.1986, c.92 (C.39:3B-5.4), under the jurisdiction of the division.
L.1999,c.5,s.3.
NJSA 39:3B-21
39:3B-21 Establishment of school bus enhanced safety inspection program.
4. a. The director shall establish a school bus enhanced safety inspection program which shall include, but not be limited to, the following elements:
(1) an in-terminal school bus inspection program which provides for the semi-annual or annual inspection of school buses by division inspection teams;
(2) standards and requirements pertaining to the equipment, maintenance, and repair of school buses subject to inspection pursuant to this act; all in-terminal inspections, including those involving diesel vehicles, shall include an emission inspection to determine whether that vehicle meets the State's emission specifications and standards;
(3) standards and requirements pertaining to the establishment and maintenance of school bus maintenance, repair, and inspection records for all school buses in the operator's fleet; and
(4) standards and requirements pertaining to the establishment and maintenance of driver employment records, including records which demonstrate a driver's compliance with all statutory and regulatory requirements for authorization to operate a school bus, and any other records and credentials deemed necessary by the director for school bus drivers employed by the operator. The records shall be made available to division inspectors during each in-terminal inspection.
b. If an operator does not have adequate terminal facilities to allow for a proper and thorough in-terminal inspection, the director shall designate an in-lieu-of terminal site and direct the operator to present his buses and records to that site for inspection on such terms and conditions as determined by the director.
c. The time and location of any inspection or reinspection conducted pursuant to this section shall be determined by the director. Unless an owner agrees to a different time schedule, the director shall schedule a reinspection within three days of the date of the inspection that necessitated the reinspection.
L.1999,c.5,s.4.
NJSA 39:3B-22
39:3B-22 Violations, penalties.
5. a. Any operator who violates the standards for driver employment records established pursuant to subsection a. of section 4 of this act, or who fails to retain proper records for inspection as required, or who fails to make available any record or document required at the time of inspection, or who falsifies any record, or who fails to present or otherwise make available any school bus or buses due for inspection, as requested by an examiner, unless notification of the intent to withhold a bus or buses from an examiner is made in writing at least 24 hours prior to the scheduled inspection, shall be fined not less than $50 and not more than $500 per violation, in accordance with a schedule of fines to be established by the director. The director shall waive the requirement of notice upon a showing of good cause by an operator. A bus withheld from an examiner pursuant to this section shall be inspected within 30 days of the date of the originally scheduled inspection, unless otherwise agreed by the operator and the director. The operator shall be responsible for all fines.
Nothing in this subsection shall be deemed to preclude any other enforcement actions provided by law.
b. Any fine imposed pursuant to the provisions of this section may be collected, with costs, in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. The Superior Court or municipal court of the county or municipality in which the violation occurs or in which the operator resides or has a place of business or principal office in this State, shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with any violation of this act.
The director or any duly authorized representative of the director may issue a summons and complaint returnable in any court of competent jurisdiction for a violation of this act or any rule or regulation adopted pursuant to this act. A municipal, county, or State prosecutor is authorized to assist the director in the enforcement of this act. The director may institute an action in the Superior Court for injunctive relief to prevent or restrain any violation of this act, or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to this act.
c. Any officer charged with the enforcement of State and municipal laws is authorized to assist the director or any duly authorized representative of the director in the enforcement of the provisions of this act, or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to this act.
L.1999,c.5,s.5.
NJSA 39:3B-23
39:3B-23 Removal from service upon failure of inspection.
6. Any school bus that fails an inspection based on out-of-service criteria as established by the director shall be immediately removed from service.
L.1999,c.5,s.6.
NJSA 39:3B-24
39:3B-24 Rules, regulations.
7. The director shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of this act, including the schedule of fines required pursuant to section 5 of this act and the out of service criteria required pursuant to section 6 of this act.
L.1999,c.5,s.7.
NJSA 39:3B-25
39:3B-25. Use of cell phone prohibited while driving school bus, exception; fines
1. a. It shall be unlawful for the driver of a school bus, as defined in R.S.39:1-1, to use a cellular or other wireless telephone while operating the school bus.
b. The prohibition contained in subsection a. of this section shall not apply:
(1) when the school bus is parked in a safe area off of a highway; or
(2) in an emergency situation.
c. A person who violates this section shall be fined not less than $250 or more than $500.
d. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
L.2002,c.120.
NJSA 39:3C-1
39:3C-1. Definitions
1. As used in this act:
a. "Commissioner" means the Commissioner of the Department of Environmental Protection.
b. "Director" means the Director of the Division of Motor Vehicles in the Department of Law and Public Safety.
c. "Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
d. "Special event" means an organized race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested.
e. "All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts.
L.1973,c.307,s.1.
NJSA 39:3C-2
39:3C-2. Jurisdiction divided
For the purpose of carrying out the provisions of this act:
a. The director shall have the power, duty and authority to administer and enforce all statutes, rules and regulations, except as otherwise provided by statute, relating to the operation and use of snowmobiles and all-terrain vehicles on or across a public highway or on public lands or waters, including but not limited to the following:
(1) Registration, identification, numbering and classification
(2) Equipment
(3) Standards of safety
(4) Educational programs
(5) Promulgate rules and regulations to effectuate the purposes of this act.
b. The Commissioner of Environmental Protection shall have the power, duty and authority to administer and enforce all statutes, rules and regulations, except as otherwise provided by statute, relating to snowmobiles and all-terrain vehicles on the public lands and waters under the jurisdiction of the Department of Environmental Protection.
L. 1973, c. 307, s. 2, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 3.
NJSA 39:3C-3
39:3C-3. Registration required; fees
3. Except as otherwise provided, no snowmobile or all-terrain vehicle shall be operated or permitted to be operated on or across a public highway or on public lands or waters of this State unless registered by the owner thereof as provided by this act. The Director of the Division of Motor Vehicles in the Department of Law and Public Safety is authorized to register and assign a registration number to snowmobiles and all-terrain vehicles, upon application and payment of the appropriate fee in accordance with the following schedule:
a. For each individual resident snowmobile registration, $5.00, and for each individual resident all-terrain vehicle registration, $10.00, annually;
b. For each individual nonresident snowmobile registration, $7.00, and for each individual nonresident all-terrain vehicle registration, $12.00, annually;
c. For replacement of a lost, mutilated or destroyed certificate, $5;
d. For a duplicate registration, $5 at the time of issuance;
e. For an amended registration, $5.
All such registrations shall be issued on or after September 1 in any year and shall be valid through September 30 of the following year, except that the director may suspend or revoke such registration for any violations of this act or of the rules promulgated hereunder.
L.1973,c.307,s.3; amended 1975,c.28; 1985,c.375,s.4; 1991,c.322,s.1; 1994,c.60,s.22.
NJSA 39:3C-4
39:3C-4. Permanent registration number
Once a registration number is assigned, it shall remain with the registered snowmobile or all-terrain vehicle until the snowmobile or all-terrain vehicle is destroyed, abandoned or permanently removed from the State, or until changed or terminated by the director.
L. 1973, c. 307, s. 4, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 5.
NJSA 39:3C-5
39:3C-5. Registration certificate; transfer of ownership
Such registration shall be issued by the director or by agents as designated by him when a snowmobile or all-terrain vehicle is operated across a public highway or on public lands or waters and shall be in such form as the director shall prescribe. The registration certificate shall be subject to inspection by any law enforcement officer on demand and shall be on the vehicle at all times when in operation.
The registration number assigned shall be displayed on each side of the vehicle in such form, location and manner as prescribed by the director.
Whenever ownership is transferred or the use of a snowmobile or all-terrain vehicle for which a registration certificate has already been issued is discontinued, the old registration shall be properly signed and executed by the owner, showing that the ownership has been transferred or its use discontinued, and returned to the director within 10 days of said event. If there is a change of ownership for which a registration certificate has been previously issued, the new owner shall apply for a new registration certificate and set forth the original number in the application. He shall pay the regular fee for the particular snowmobile or all-terrain vehicle involved. The owner of any registration certificate issued under this section may obtain a duplicate from the division upon application and payment of the fee prescribed.
L. 1973, c. 307, s. 5, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 6.
NJSA 39:3C-6
39:3C-6. Private property, government exemptions
a. No registration shall be required for a snowmobile or all-terrain vehicle operated on private property.
b. No registration fee shall be charged for a snowmobile or all-terrain vehicle owned by the federal government, the State, county or municipal government or subdivision thereof.
L. 1973, c. 307, s. 6, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 7.
NJSA 39:3C-7
39:3C-7. Reciprocity
The registration provisions of this act shall not apply to nonresident owners who have complied with the registration and licensing laws of the state or country of residence, provided that the snowmobile or all-terrain vehicle is appropriately identified in accordance with the laws of the state of residence and conspicuously displays the registration number issued by the state or country of residence. Nothing in this section shall be construed to authorize the operation of any snowmobile or all-terrain vehicle contrary to the provisions of this act.
L. 1973, c. 307, s. 7, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 8.
NJSA 39:3C-8
39:3C-8. Display of registration number
The registration number assigned to a snowmobile or all-terrain vehicle shall be displayed on the vehicle at all times in such manner as the director may, by regulation, prescribe. No number other than the number assigned by the director, or the identification number of the registration in another state, shall be painted, attached or otherwise displayed on either side of the cowling, except that racing numbers on a snowmobile or all-terrain vehicle being operated in prearranged organized special events may be temporarily displayed for the duration of the race.
L. 1973, c. 307, s. 8, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 9.
NJSA 39:3C-9
39:3C-9. Production of certificate
9. a. Every person operating a snowmobile or all-terrain vehicle registered or transferred in accordance with any of the provisions of this act shall, upon demand of any peace officer, law enforcement officer, duly authorized official of the Department of Environmental Protection, or a police officer, produce for inspection the certificate of registration and shall furnish to such officer any information necessary for the identification of such snowmobile or all-terrain vehicle and its owner. The failure to produce the certificate of registration when operating a snowmobile or all-terrain vehicle on public lands and waters or when crossing a public highway shall be presumptive evidence in any court of competent jurisdiction of operating a snowmobile or all-terrain vehicle which is not registered as required by this act.
b. A person less than 18 years of age who operates an all-terrain vehicle which is registered in this State shall produce upon demand a certificate indicating that person's successful completion of an all-terrain vehicle safety education and training course established or certified by the director in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15). The failure to produce the certificate when operating an all-terrain vehicle on public lands or waters, or when crossing a public highway, shall be presumptive evidence in any court of competent jurisdiction of the operation of the all-terrain vehicle in violation of the requirement in subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16).
L.1973,c.307,s.9; amended 1985,c.375,c.10; 1991,c.322,s.2.
NJSA 39:3C-10
39:3C-10. Notice of change of address
It shall be the duty of every owner holding a certificate of registration to notify the division, in writing, of any change of residence of such person within 7 days after such change occurs.
L.1973, c. 307, s. 10, eff. Dec. 14, 1973.
NJSA 39:3C-11
39:3C-11. Transfer of ownership
Whenever the ownership of a snowmobile or all-terrain vehicle is transferred or the use for which a registration certificate has already been issued is discontinued, the old registration certificate shall be properly signed and executed by the owner, showing that the ownership of the snowmobile or all-terrain vehicle has been transferred or its use discontinued, and returned to the division within 10 days after transfer or discontinuance. If there is a change of ownership for which a registration certificate has previously been issued, the new owner shall apply for a new certificate. He shall set forth the original number issued in the application accompanied by the old registration properly signed by the previous owner and with the required fee submitted to the division, for registration.
L. 1973, c. 307, s. 11, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 11.
NJSA 39:3C-12
39:3C-12. Notification of destruction, theft
It shall be the duty of every owner of a snowmobile or all-terrain vehicle registered pursuant to this act to notify the division, in writing, of the destruction, theft or permanent removal of such from the State, within 10 days thereafter; and in the event of the destruction or theft of such, shall surrender the certificate of registration with such notice.
L. 1973, c. 307, s. 12, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 12.
NJSA 39:3C-13
39:3C-13. Permit for park use
No political subdivision of the State shall require additional licensing or registration of snowmobiles or all-terrain vehicles which are covered by the provisions of this act.
Nothing herein shall however prohibit the requirement of a permit by State or local parks for use of snowmobiles on park lands or in any way affect the authority of the Department of Environmental Protection, the commissioner thereof, or those responsible for the operation of a park from adopting rules and regulations concerning the use of snowmobiles and all-terrain vehicles.
L. 1973, c. 307, s. 13, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 13.
NJSA 39:3C-14
39:3C-14. Environmental regulations
14. The commissioner, with a view towards minimizing detrimental effects on the environment, shall adopt rules and regulations relating to and including, but not limited to, the following:
a. Use of snowmobiles and all-terrain vehicles insofar as fish, wildlife and plantlife resources are affected;
b. Use of snowmobiles and all-terrain vehicles on public lands and waters under the jurisdiction of the Department of Environmental Protection.
The commissioner may locate, designate and make available by the effective date of this act appropriate areas of public lands upon which all-terrain vehicle safety education and training programs established or certified by the Director of the Division of Motor Vehicles in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15) may be conducted. The commissioner shall report to the Legislature and the Governor within one year after the effective date of this act on the size and location of the public lands located, designated and made available; on the frequency of the use, or the estimated frequency of use, of these public lands for safety education and training programs; and the environmental impact of this use on the lands.
L.1973,c.307,s.14; amended 1985,c.375,s.14; 1991,c.322,s.3.
NJSA 39:3C-15
39:3C-15. Motor vehicle regulations
15. The Director of the Division of Motor Vehicles shall adopt rules and regulations relating to and including, but not limited to:
a. Specifications relating to equipment required for safety as provided herein.
b. Establishment of a comprehensive snowmobile and all-terrain vehicle information and safety education and training program.
c. The regulations pertaining to and the granting of permits for the conduct of all prearranged special events as provided in this act, except that in the case of those special events conducted on public lands and waters under the jurisdiction of the Department of Environmental Protection any regulations must be approved jointly by the director and the commissioner.
In accordance with the requirement in paragraph b. of this section, the director shall establish an all-terrain vehicle safety education and training program to be offered by the division, or shall certify other all-terrain vehicle safety education and training programs to be offered by public or private agencies or organizations, the successful completion of which shall satisfy the training requirements in subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16). A person less than 16 years of age participating in an all-terrain vehicle safety education and training course established or certified by the director shall operate during the training only an all-terrain vehicle with an engine capacity of 90 cubic centimeters or less.
L.1973,c.307,s.15; amended 1985,c.375,s.15; 1991,c.322,s.4.
NJSA 39:3C-16
39:3C-16. Age requirements
16. a. A person under the age of 14 years shall not operate or be permitted to operate any snowmobile or all-terrain vehicle on public lands or waters or across a public highway.
b. A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this State an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters.
c. A person less than 18 years of age shall not operate an all-terrain vehicle registered in this State on public lands or waters or across a public highway of this State unless the person has completed an all-terrain vehicle safety education and training course established or certified by the director pursuant to section 15 of P.L.1973, c.307 (C.39:3C-15). At all times during the operation of the all-terrain vehicle, the person shall have in his possession a certificate indicating successful completion of the course.
L.1973,c.307,s.16; amended 1985,c.375,s.16; 1991,c.322,s.5.
NJSA 39:3C-17
39:3C-17. Operational limitations
a. No person shall operate a snowmobile or all-terrain vehicle upon limited access highways or within the right-of-way limits thereof.
b. No person shall operate a snowmobile or all-terrain vehicle upon the main traveled portion or the plowed snowbanks of any public street or highway or within the right-of-way limits thereof except as follows:
(1) Properly registered snowmobiles or all-terrain vehicles may cross, as directly as possible, public streets or highways, except limited access highways, provided that such crossing can be made in safety and that it does not interfere with the free movement of vehicular traffic approaching from either direction on such public street or highway. Prior to making any such crossing, the operator shall bring the snowmobile or all-terrain vehicle to a complete stop. It shall be the responsibility of the operator of a snowmobile or all-terrain vehicle to yield the right-of-way to all vehicular traffic upon any public street or highway before crossing same.
(2) Whenever it is impracticable to gain immediate access to an area adjacent to a public highway where a snowmobile or all-terrain vehicle is to be operated, it may be operated adjacent and parallel to such public highway for the purpose of gaining access to the area of operation. This subsection shall apply to the operation of a snowmobile or all-terrain vehicle from the point where it is unloaded from a motorized conveyance to the area where it is to be operated, or from the area where operated to a motorized conveyance, when such loading or unloading cannot be effected in the immediate vicinity of the area of operation without causing a hazard to vehicular traffic approaching from either direction on said public highway. Such loading or unloading must be accomplished with due regard to safety, at the nearest possible point to the area of operation.
L. 1973, c. 307, s. 17, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 17.
NJSA 39:3C-18
39:3C-18. Operation on property of others; limitations of liability
18. a. No person shall operate a snowmobile or all-terrain vehicle on the property of another without receiving the consent of the owner of the property and the person who has a contractual right to the use of such property.
b. No person shall continue to operate a snowmobile or all-terrain vehicle on the property of another after consent, as provided in subsection a. above, has been withdrawn.
c. No owner of real property and no person or entity having a contractual right to the use of real property, no matter where such property is situate in this State, shall assume responsibility or incur liability for any injury or damage to an owner, operator or occupant of a snowmobile or all terrain vehicle where such injury or damage occurs during, or arises out of the operation or use of such vehicle, unless: (1) the operation or use is with the express consent of the owner and contractual user of the property and (2) the provisions of P.L.1968, c.73 (C.2A:42A-2 et seq.) or P.L.1985, c.431 (C.2A:42A-6 et seq.) do not limit liability. This subsection shall not limit the liability which would otherwise exist for the willful or malicious creation of a hazardous condition.
L.1973,c.307,s.18; amended 1985,c.375,s.18; 1991,c.496,s.8.
