NJSA 39:3C-19 through NJSA 39:4-8.1
NJSA 39:3C-19
39:3C-19. Unlawful activities
It shall be unlawful for:
a. Any person to operate or ride as a passenger on any snowmobile or all-terrain vehicle without wearing a protective helmet approved by the director. Any such helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in sections 6 to 9 of P.L. 1967, c. 237 (C. 39:3-76.7 through 39:3-76.10).
b. Any person to operate a snowmobile or all-terrain vehicle that is not equipped with working headlights, taillights, brakes and proper mufflers as supplied by the motor manufacturer for the particular model, without modifications, nor shall any person operate any snowmobile or all-terrain vehicle in such a manner as to cause a harsh, objectionable or unreasonable noise.
c. Any person to operate a snowmobile or all-terrain vehicle at any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife.
d. Any person to operate any snowmobile or all-terrain vehicle during the hours from 1/2 hour before sunset to 1/2 hour after sunrise without having lighted headlights and lighted taillights.
e. Any person to operate any snowmobile or all-terrain vehicle on the land of another without first securing the permission of the landowner or his duly authorized representative.
f. Any person to operate a snowmobile or all-terrain vehicle upon railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.
g. Any person to violate any provision of this act or any rule or regulation adopted pursuant to this act.
L. 1973, c. 307, s. 19, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 19.
NJSA 39:3C-20
39:3C-20. Mandatory insurance
a. No snowmobile or all-terrain vehicle shall be operated or permitted to be operated unless the owner thereof has obtained a policy of insurance, in such language and form as shall be determined by the Commissioner of the Department of Insurance, from an insurance carrier authorized to do business in this State, the terms of which policy shall indemnify an amount or limit of $15,000.00, exclusive of interest and costs, on account of injury to, or death of, one person, in any one accident; and an amount or limit, subject to such limit for any one person so injured, or killed, of $30,000.00, exclusive of interest and costs, on account of injury to or death of, more than one person, in any one accident; and an amount or limit of $5,000.00, exclusive of interest and costs, for damage to property in any one accident, for damages arising out of the negligent operation of said snowmobile or all-terrain vehicle. In lieu of such insurance coverage as hereinabove provided, the director, in his discretion and upon application of the State or a municipality having registered in its name one or more snowmobiles or all-terrain vehicles, may waive the requirement of insurance by a private insurance carrier and issue a certificate of self-insurance, when he is satisfied of financial ability to respond to judgments obtained against it or them, arising out of the ownership, use or operation of the snowmobiles or all-terrain vehicles.
b. Proof of insurance as hereinabove required shall be produced and displayed by the owner or operator of such snowmobile or all-terrain vehicle upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or property damage as a result of the operation of it by the owner or operator.
c. An owner of a snowmobile or all-terrain vehicle who shall operate or permit the same to be operated without having in effect the required liability insurance coverage, and any other person who shall operate any snowmobile or all-terrain vehicle with the knowledge that the owner thereof does not have in effect such insurance coverage shall be guilty of a violation of this act and be subject to a fine of not less than $25.00 nor more than $100.00.
d. The director is hereby authorized to promulgate reasonable regulations to provide effective administration and enforcement of the provisions of this section in accordance with the purposes thereof.
L. 1973, c. 307, s. 20, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 20.
NJSA 39:3C-21
39:3C-21. Post-accident procedures
The operator of any snowmobile or all-terrain vehicle involved in an accident resulting in injuries or death of any person or property damage shall comply with the procedures in R.S. 39:4-129 and R.S. 39:4-130.
L. 1973, c. 307, s. 21, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 21.
NJSA 39:3C-22
39:3C-22. Special events
The director may authorize the holding of organized special events. He shall adopt and may, from time to time, amend rules and regulations determining the special events which shall be subject to division permit and designating the equipment and facilities necessary for safe operation of snowmobiles and all-terrain vehicles and for the safety of operators, participants, and observers in such special events. Whenever such special event requiring permit of the division is proposed to be held in the State of New Jersey, the person in charge thereof shall, at least 20 days prior thereto, file an application with the director to hold such special event. The application shall set forth the date of and location where it is proposed to hold such rally, race, exhibition, or organized event, and such other information as the director may require, and it shall not be conducted without written authorization of the director and, if the event is desired to be held upon public lands or waters, a written authorization of the commissioner. Copies of such regulations shall be furnished by the division to any person making an application therefor.
Any person sponsoring the event who shall violate any regulation adopted pursuant to this section shall for every such violation be subject to a fine not to exceed $250.00.
L. 1973, c. 307, s. 22, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 22.
NJSA 39:3C-23
39:3C-23. Limited exemptions
23. Snowmobiles and all-terrain vehicles operated at special events shall be exempt from the provisions of this chapter concerning registration and lights during the time of such operation, including all prerace practice at the location of the meet. In addition, all-terrain vehicles operated at special events shall be exempt from the provisions of subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16) and subsection b. of section 9 of P.L.1973, c.307 (C.39:3C-9); however, subsection b. of section 16 of P.L.1973, c.307 (C.39:3C-16) shall apply to persons operating all terrain vehicles at special events and prerace practice.
L.1973,c.307,s.23; amended 1985,c.375,s.23; 1991,c.322,s.6.
NJSA 39:3C-24
39:3C-24. Mandatory equipment
All snowmobiles and all-terrain vehicles operating within the State of New Jersey shall be equipped with:
a. Headlights. At least one white or amber headlamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.
b. Taillights. At least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
c. Brakes. A brake system in good mechanical condition.
d. Reflector materiaL. Reflector material of a minimum area of 16 square inches mounted on each side of the cowling. Registration numbers or other decorative material may be included in computing the required 16-square-inch area.
e. Mufflers. An adequate muffler system in good working condition.
L. 1973, c. 307, s. 24, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 24.
NJSA 39:3C-25
39:3C-25. Inspection and testing
The director may adopt rules and regulations with respect to the inspection of snowmobiles and all-terrain vehicles and the testing of mufflers for those vehicles.
L. 1973, c. 307, s. 25, eff. Dec. 14, 1973. Amended by L. 1985, c. 375, s. 25.
NJSA 39:3C-26
39:3C-26. Restrictions on sales
26. a. No person shall have for sale, sell, or offer for sale in this State any snowmobile or all-terrain vehicle which fails to comply with the provisions of this act or which does not comply with the specifications for such equipment required by the rules and regulations of the director, after the effective date of such rules and regulations.
b. A person shall not knowingly sell or offer to sell an all-terrain vehicle with an engine capacity of greater than 90 cubic centimeters for use by a person less than 16 years of age.
c. Retail dealers and distributors of all-terrain vehicles shall comply with those requirements of the consent decree entered into by all-terrain vehicle distributors and the United States Consumer Product Safety Commission on April 28, 1988 which require the providing of safety information on all-terrain vehicles to either the purchasers or retail dealers of such vehicles, as appropriate.
L.1973,c.307,s.26; amended 1985,c.375,s.26; 1991,c.322,s.7.
NJSA 39:3C-27
39:3C-27. Law enforcement officers; duties
Every law enforcement officer in the State, including authorized officers of the Division of Motor Vehicles, Department of Environmental Protection, forest rangers and State park police and other designated officers and employees of the department shall enforce this act within their respective jurisdictions.
L.1973, c. 307, s. 27, eff. Dec. 14, 1973.
NJSA 39:3C-28
39:3C-28. Penalty
28. Any person who shall violate any provisions of this act, if no other penalty is specifically provided, or any rule or regulation promulgated pursuant to this act shall be punished by a fine of not less than $100 or more than $200. For a second or subsequent violation of section 26 of P.L.1973, c.307 (C.39:3C-26), a fine of not less than $200 or more than $500 shall be imposed.
L.1973,c.307,s.28; amended 1991,c.322,s.8.
NJSA 39:3C-29
39:3C-29. Funds to General Treasury; allocation for safety programs
29. The director shall deposit all moneys received by him from the registration of snowmobiles and all-terrain vehicles, the sale of registration information, publications and other services provided by the department and all fees collected by him under this act to the credit of the General Treasury, except that $5 of a registration fee paid by a resident or nonresident of this State shall be allocated to the division to defray the cost of providing all-terrain vehicle safety education and training manuals or all-terrain vehicle safety education and training programs in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15), or both.
L.1973,c.307,s.29; amended 1985,c.375,s.27; 1991,c.322,s.10.
NJSA 39:3C-30
39:3C-30. Chapter 4 provisions applicable
30. Owners and operators of snowmobiles and all-terrain vehicles shall, when operating such across a public highway or on public land or waters, comply with the following provisions of chapter 4 of Title 39 of the Revised Statutes: R.S.39:4-48 through R.S.39:4-51; R.S.39:4-64; R.S.39:4-72; R.S.39:4-80; R.S.39:4-81; R.S.39:4-92; R.S.39:4-96 through R.S.39:4-98; R.S.39:4-99; R.S.39:4-100; R.S.39:4-104; R.S.39:4-129 through R.S.39:4-134; R.S.39:4-203. The failure to comply with any of these provisions shall be a violation of this act and the penalty for such a violation shall be provided in section 28 of P.L.1973,c.307 (C.39:3C-28) rather than the penalty provided in the sections cited above.
L.1973,c.307,s.30; amended 1985, c.375, s.28.
NJSA 39:3C-30.1
39:3C-30.1. Golf course, form, exemptions
29. a. The provisions of this 1985 amendatory and supplementary act and this 1991 amendatory act insofar as they pertain to all-terrain vehicles shall not be applicable to their operation and use on golf courses in this State, except that, subsection b. of section 16 of P.L.1973, c.307 (C.39:3C-16) and subsection b. of section 26 of P.L.1973, c.307 (C.39:3C-26) shall be applicable to the operation and use of all-terrain vehicles on the golf courses of this State.
b. The requirements of subsection b. of section 9 of P.L.1973, c.307 (C.39:3C-9) and subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16) shall not apply to a person less than 18 years of age when the person operates an all-terrain vehicle on public lands or waters or across a public highway as an incident to or in the actual performance of the operations of a farm adjacent to the public land or water or the public highway upon which the vehicle is being operated. As used in this section, "farm" means land used for commercial raising, growing and producing of any crop, livestock, or fur products on land not less than five acres in area and which is not used in the business of buying farm products for resale.
L.1985,c.375,s.29; amended 1991,c.322,s.9.
NJSA 39:3C-31
39:3C-31. Severability
If any clause, sentence, paragraph or part of this act shall, for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered.
L.1973, c. 307, s. 31, eff. Dec. 14, 1973.
NJSA 39:4-1
39:4-1. Application of chapter
39:4-1. The provisions of this chapter applicable to the drivers of vehicles on the highways shall also apply to the drivers of all vehicles owned or operated by this State, the United States, any territorial or Federal district, any other State or any county, municipality or any other political subdivision thereof, subject to such specific exceptions as are set forth in this chapter.
The provisions of this chapter shall apply to the owners and drivers of vehicles on highways, roadways, driveways, parking areas or upon any grounds owned and maintained by the State of New Jersey, or any State department or agency, the counties, the municipalities and the school district boards of education of this State.
This chapter shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work on the surface of a highway, but shall apply to such persons and vehicles when traveling to or from the work.
Amended 1950,c.15; 1951,c.23,s.1; 1995,c.70,s.1.
NJSA 39:4-2
39:4-2. Transfer of powers and duties of commissioner to director of Division of Motor Vehicles
All the powers and duties heretofore exercised and performed by the commission created by an act entitled "An act to establish a traffic commission and to define its powers and duties," approved April fifteenth, one thousand nine hundred and thirty (L.1930, c. 148, p. 564), and its amendments and supplements, which powers and duties were transferred to and vested in the commissioner by an act entitled "An act vesting in the Commissioner of Motor Vehicles of this State all the powers and duties heretofore exercised and performed by the commission created by an act entitled "An act to establish a traffic commission and to define its powers and duties,' approved April fifteenth, one thousand nine hundred and thirty, and the acts amendatory thereof and supplemental thereto," approved June twelfth, one thousand nine hundred and thirty-two (L.1932, c. 179, s. 1, p. 306), and which powers and duties were transferred to and vested in the director by an act entitled "An act relating to the reorganization of the executive and administrative offices, departments, and instrumentalities of the State Government; and establishing and concerning a Department of Law and Public Safety as a principal department in the executive branch of the State Government," approved October fifteenth, one thousand nine hundred and forty-eight (P.L.1948, c. 439), shall continue to be so vested in the director.
Amended by L.1951, c. 23, p. 66, s. 2.
NJSA 39:4-6
39:4-6 Duties of commissioner.
39:4-6. The commissioner shall investigate traffic conditions, means for their improvement and the enforcement of laws and regulations relating to traffic, including pedestrian travel on the public streets and highways. He may determine, regulate and control the character, type, location, placing of and operation of all official traffic control devices on the streets, highways and public places in the State, or cause the removal of such devices determined to be unnecessary. He shall see that the laws relating to such devices are enforced, investigate the manner of enforcing the laws regarding the parking of vehicles on public highways, the use of streets by pedestrians, investigate the location of "stop" signs and cause the removal of those which in his opinion are installed in violation of this chapter, and cause the removal of all colored lights so located as to be confused with traffic signals. He shall also enforce the provisions of this chapter and promulgate rules and regulations for the enforcement of his duties hereunder.
This section shall not be construed to in any way curtail the powers of actual enforcement vested by law in the local authorities.
Amended 1951, c.23, s.6; 2003, c.13, s.48.
NJSA 39:4-7
39:4-7. Director's hearings; subpoenas
The director shall hold hearings when in his judgment they are necessary. He may issue subpoenas to compel the attendance of witnesses and the production of books, papers and records applicable to the provisions of this chapter.
Amended by L.1951, c. 23, p. 69, s. 7.
NJSA 39:4-8
39:4-8 Commissioner of Transportation's approval required; exceptions.
39:4-8. a. Except as otherwise provided in this section, no ordinance or resolution concerning, regulating or governing traffic or traffic conditions, adopted or enacted by any board or body having jurisdiction over highways, shall be of any force or effect unless the same is approved by the Commissioner of Transportation, according to law. The commissioner shall not be required to approve any such ordinance, resolution or regulation, unless, after investigation by him, the same shall appear to be in the interest of safety and the expedition of traffic on the public highways.
b. (1) A municipality may, without the approval of the Commissioner of Transportation, do the following by ordinance or resolution, as appropriate:
(a) designate parking restrictions, no passing zones, mid-block crosswalks, and crosswalks at intersections, and erect appropriate signs and install appropriate markings, on streets under municipal jurisdiction which are totally self-contained within that municipality and have no direct connection with any street in any other municipality;
(b) designate reasonable and safe speed limits and erect appropriate signs, on any street under municipal jurisdiction;
(c) designate any intersection as a stop or yield intersection and erect appropriate signs, on streets under municipal jurisdiction which are totally self-contained within that municipality and have no direct connection with any street in any other municipality; and
(d) designate any intersection as a stop intersection and erect appropriate signs, on streets under municipal jurisdiction if that intersection is located within 500 feet of a school, or of a playground or youth recreational facility and the street on which the stop sign will be erected is contiguous to that school, or playground or youth recreational facility. The municipal engineer shall certify to the following in regard to the designated site in which a stop intersection is being designated: (i) that both intersecting streets are under municipal jurisdiction; (ii) that the intersection is within 500 feet of a school, or of a playground or youth recreational facility as defined herein; and (iii) that the intersection is on a street contiguous to a school, or playground or youth recreational facility. A claim against a municipality for damage or injury under this subparagraph for a wrongful act or omission shall be dismissed if the municipality is deemed to have conformed to the provisions contained in this subparagraph.
(2) A county may, without the approval of the Commissioner of Transportation, do the following by ordinance or resolution, as appropriate, on streets which are totally self-contained within the county and have no direct connection with any street in any other county:
(a) designate parking restrictions, no passing zones, mid-block crosswalks, and crosswalks at intersections and erect appropriate signs;
(b) designate reasonable and safe speed limits and erect appropriate signs;
(c) designate any intersection as a stop or yield intersection and erect appropriate signs; and
(d) place longitudinal pavement marking delineating the separation of traffic flows and the edge of the pavement and erect appropriate signs.
(3) Except with respect to subparagraph (d) of paragraph 1 of this subsection, the municipal or county engineer shall, under his seal as a licensed professional engineer, certify to the governing body of the municipality or county, as appropriate, that any designation or erections of signs or placement or makings has been approved by the engineer after investigation of the circumstances, appears to the engineer to be in the interest of safety and the expedition of traffic on the public highways and conforms to the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the commissioner.
A certified copy of the adopted ordinance or resolution, as appropriate, shall be transmitted by the clerk of the municipality or county, as appropriate, to the commissioner within 30 days of adoption, together with a copy of the engineer's certification; a statement of the reasons for the engineer's decision; detailed information as to the location of streets, intersections and signs affected by any designation or erection of signs or placement of markings; and traffic count, accident and speed sampling data, when appropriate. The commissioner, at his discretion, may invalidate the provisions of the ordinance or resolution within 90 days of receipt of the certified copy if he reviews it and finds that the provisions of the ordinance or resolution are inconsistent with the Manual of Uniform Traffic Control Devices for Streets or Highways; are inconsistent with accepted engineering standards; are not based on the results of an accurate traffic and engineering survey; or place an undue traffic burden or impact on streets in an adjoining municipality or negatively affect the flow of traffic on the State highway system.
Nothing in this subsection shall allow municipalities to designate any intersection with any highway under State or county jurisdiction as a stop or yield intersection or counties to designate any intersection with any highway under State or municipal jurisdiction as a stop or yield intersection.
c. Subject to the provisions of R.S.39:4-138, in the case of any street under municipal or county jurisdiction, a municipality or county may, without the approval of the Commissioner of Transportation, do the following:
By ordinance or resolution:
(1) prohibit or restrict general parking;
(2) designate restricted parking under section 1 of P.L.1977, c.309 (C.39:4-197.6);
(3) designate time limit parking;
(4) install parking meters.
By ordinance, resolution or regulation:
(1) designate loading and unloading zones and taxi stands;
(2) approve street closings for periods up to 48 continuous hours; and
(3) designate restricted parking under section 1 of P.L.1977, c.202 (C.39:4-197.5);
Nothing in this subsection shall allow municipalities or counties to establish angle parking or to reinstate or add parking on any street, or approve the closure of streets for more than 48 continuous hours, without the approval of the Commissioner of Transportation.
d. A municipality or county may, by ordinance or resolution, as appropriate, in any street under its jurisdiction, install or place an in-street pedestrian crossing right-of-way sign at a marked crosswalk or unmarked crosswalk at an intersection. The installation shall be subject to guidelines that shall be issued by the Commissioner of Transportation after consultation with the Director of the Office of Highway Traffic Safety in the Department of Law and Public Safety. The guidelines shall be aimed at ensuring safety to both pedestrians and motorists including, but not limited to, the proper method of sign installation, dimensions, composition of material, proper placement points and maintenance. A certified copy of the adopted ordinance or resolution shall be transmitted to the commissioner within 30 days of adoption. The commissioner, at his discretion, may invalidate the provisions of the ordinance or resolution within 90 days of receipt of the certified copy if he reviews it and finds that the provisions of the ordinance or resolution are inconsistent with the guidelines issued pursuant to this subsection. A claim against the State or a municipality or county for damage or injury under this subsection for a wrongful act or omission shall be dismissed if the municipality or county is deemed to have conformed to the guidelines required hereunder.
e. A municipality or county may, by resolution, in any street under its jurisdiction, designate stops, stations or stands for omnibuses. The designation shall be subject to guidelines that shall be issued by the Commissioner of Transportation. The guidelines shall be aimed at ensuring safety to both pedestrians and motorists including, but not limited to, the proper method of sign installation, dimensions, composition of material, proper placement points and maintenance. A certified copy of the adopted resolution shall be transmitted to the commissioner within 30 days of adoption. The commissioner, at his discretion, may invalidate the provisions of the ordinance or resolution within 90 days of receipt of the certified copy if he reviews it and finds that the provisions of the ordinance or resolution are inconsistent with the guidelines issued pursuant to this subsection. A claim against the State or a municipality or county for damage or injury under this subsection for a wrongful act or omission shall be dismissed if the municipality or county is deemed to have conformed to the guidelines required hereunder.
Amended 1951, c.23, s.8; 1983, c.227, s.1; 1993, c.122; 1995, c.412, s.1; 1996, c.113, s.6; 1999, c.191; 2001, c.119; 2001, c.342, s.2; 2004, c.169.
NJSA 39:4-8.1
39:4-8.1. Approval of handicapped parking spaces, signs
1. Any municipality, which pursuant to the provisions of R.S.39:4-8, R.S.39:4-197, section 1 of P.L.1977, c.202 (C.39:4-197.5) or section 1 of P.L.1977, c.309 (C.39:4-197.6) designates restricted parking spaces for use by handicapped persons, may, in lieu of having the Department of Transportation inspect those parking spaces and any signs erected in association therewith, designate the municipal engineer to determine whether or not those parking spaces and signs conform to the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways, adopted by the Commissioner of Transportation, and any other Department of Transportation rules and regulations governing such parking spaces and signs.
Any such parking spaces and signs shall be deemed approved and operational, and in need of no additional inspection by the Department of Transportation, when the municipal engineer, under his seal as a licensed professional engineer, shall certify to the commissioner that the parking spaces and signs:
a. have been approved by him after investigation; and
b. conform to the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the commissioner, and any other Department of Transportation rules and regulations governing such parking spaces and signs.
The municipal engineer shall submit to the commissioner, together with his certification, detailed information as to the location and number of parking spaces, a certified copy of the ordinance, resolution or regulation designating the restricted parking spaces, and such other information as the commissioner shall deem necessary.
L.1991,c.285,s.1.




