NJSA 39:4-14.3p through NJSA 39:4-29


NJSA 39:4-14.3p
39:4-14.3p.  Proof of ownership;  bicycle purchased prior to effective date  of act
    With respect to motorized bicycles purchased prior to the effective date of  this act, and for which no bill of sale or other formal proof of ownership is  available, the director may accept as proof of ownership a sworn affidavit from  the owner, setting forth with reasonable specificity facts regarding the acquisition of ownership of the motorized bicycle, together with any supporting  documents, as proof of ownership of the motorized bicycle.

    A person who knowingly submits a false bill of sale, false receipt for purchase, or any other false proof of ownership, or who knowingly submits any false affidavit or false supporting document regarding proof of ownership of a motorized bicycle, commits a crime of the fourth degree.

     L.1983, c. 105, s. 16.
NJSA 39:4-14.3q
39:4-14.3q.  Helmet
    No person shall operate a motorized bicycle unless he wears a protective helmet of a type approved by the director.

     L.1983, c. 105, s. 17.
 
NJSA 39:4-14.3r
39:4-14.3r.  Dealer licensed as motor vehicle dealer;  inapplicability of restrictions contained in Municipal Land Use Law
    Requiring a motorized bicycle dealer to be licensed as a motor vehicle dealer under R.S. 39:10-19 for the purposes of this act shall not mean that he is a motor vehicle dealer for the purpose of meeting any restrictions or regulations contained in a planning or zoning ordinance under the "Municipal Land Use Law,"  P.L.1975, c. 291 (C. 40:55D-1 et seq.).

     L.1983, c. 105, s. 18.
 
NJSA 39:4-14.3s
39:4-14.3s.  Rules and regulations
    The director shall have the authority to promulgate rules and regulations pursuant to the  "Administrative Procedure Act,"  P.L.1968, c. 410 (C. 52:14B-1  et seq.) to effectuate the purposes of this act.

     L.1983, c. 105, s. 19.
NJSA 39:4-14.3t
39:4-14.3t.  Violations;  fine
    Except as otherwise provided by this act, a person who violates any of the provisions of this act or any rule or regulation promulgated pursuant to this act shall be subject to a fine of not more than $100.00 for each offense.

     L.1983, c. 105, s. 20.
 
NJSA 39:4-14.3u
39:4-14.3u.  Ownership acquired prior to effective date of act; compliance with act
    The owner of a motorized bicycle who acquired ownership prior to the effective date of this act shall have 90 days from the effective date to comply  with the registration, titling, and license plate requirements contained  herein.

     L.1983, c. 105, s. 21.
 
NJSA 39:4-14.3v
39:4-14.3v.  Education program for safe operation;  fund
    The director shall establish a fund not to exceed $50,000.00 per year for the purpose of providing an educational program for the safe operation of motorized bicycles.

     L.1983, c. 105, s. 22.
NJSA 39:4-14.3v1
39:4-14.3v1.  Educational program for safe operation of bicycles;  fund
    The Director of the Division of Motor Vehicles shall use a portion of the fund established pursuant to section 22 of P.L.1983, c. 105 (C. 39:4-14.3v) for  the purpose of providing an educational program for the safe operation of bicycles.

     L.1983, c. 459, s. 1, eff. Jan. 12, 1984.
 
NJSA 39:4-14.3w
39:4-14.3w. Appropriation of fees
 23. The fees collected pursuant to this act shall be appropriated to the Division of Motor Vehicles.

 L.1983,c.105,s.23.
 
NJSA 39:4-14.3x
39:4-14.3x.  Motorized bicycle operators subject to penalties
     An operator of a motorized bicycle who is convicted of a violation of R.S.39:4-66 concerning the operation of a vehicle when emerging from an alley, driveway, garage, or private road or driveway or section 48 of P.L.1951, c.23 (C.39:4-66.1) concerning the operation of a vehicle when entering an alley, driveway, garage, or private road or driveway from a highway shall be subject to the penalties set forth in R.S.39:4-203.

    L.1989,c.147,s.3.
NJSA 39:4-14.4
39:4-14.4.  Sale or rent of bicycle;  equipment with reflectors
    No person shall sell or offer to sell, or rent or offer to rent, whether it  be by retail, wholesale or by auction, any bicycle manufactured on or after the  effective date of this act unless such bicycle is equipped with front, rear and  pedal reflectors and either (a) side reflectors;  or (b) retroreflective tire  sidewalls which shall form a continuous circle on each sidewall, in order to  permit recognition and identification under illumination from motor vehicle  headlamps.  Such front, rear, pedal and side reflectors shall be colored and  mounted in conformity with regulations promulgated by the Director of the  Division of Consumer Affairs.

     L.1975, c. 328, s. 1.
 
NJSA 39:4-14.4a
39:4-14.4a.    Helmet use; required display of promotional statement 
   1.     No person shall sell or offer to sell at retail any bicycle unless there is affixed to that bicycle a statement promoting the use of helmets by bicycle riders.  If a bicycle is sold unassembled, the statement shall be displayed in a prominent manner on the carton or package containing the unassembled bicycle. 

  L.1991,c.323,s.1. 
 
NJSA 39:4-14.5
39:4-14.5.  Bicycle defined
    As used in this act  "bicycle"  means any two-wheeled vehicle having a rear  drive wheel which is solely human-powered and having a seat height of 25 inches  or greater when the seat is in the lowest adjustable position.

     L.1975, c. 328, s. 2.
NJSA 39:4-14.6
39:4-14.6.  Inapplicability of act to person not regularly engaged in selling or renting bicycles
    This act shall not apply to the sale or rental of a bicycle by any person who is not regularly engaged in the business of selling or renting bicycles and  where such bicycle was obtained by the person making the sale or rental for his  own use.

     L.1975, c. 328, s. 3.
 
NJSA 39:4-14.7
39:4-14.7.  Equipment;  rules and regulations
    The Director of the Division of Consumer Affairs in the Department of Law and Public Safety is authorized and empowered to adopt rules and regulations covering the types of equipment and the specifications therefor, including the color and mounting thereof, which shall be in accordance with Federal standards  regulating bicycles promulgated by the Consumer Product Safety Commission  entitled  "Requirements For Bicycles" (16 CFR Part 1512) and pursuant to the  Federal Hazardous Substances Act (15 U.S.C. 1261, et seq.) and any amendatory  or supplemental acts or regulations promulgated thereto.

     L.1975, c. 328, s. 4.
 
NJSA 39:4-14.7a
39:4-14.7a.    Rules, regulations; warning cards 
   2.     The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act.  In addition to such other matters as the director shall deem appropriate and necessary, those rules and regulations so promulgated shall provide that the affixing of the warning cards "This Bike Is Missing One Part," designed by the New Jersey Coalition for Prevention of Developmental Disabilities and funded by the Office for the Prevention of Mental Retardation and Developmental Disabilities in the Department of Human Services, to a bicycle offered for sale at retail shall fulfill the requirements of section 1 of this act and that those warning cards shall be readily available to the retail sellers of bicycles at cost. 

  L.1991,c.323,s.2.
NJSA 39:4-14.8
39:4-14.8.  Violations;  penalties
    Any person who shall violate any of the provisions of this act shall be subject to a fine of not more than $50.00 for a first offense and a fine of $100.00 for each subsequent offense.

     L.1975, c. 328, s. 5.
 
NJSA 39:4-14.9
39:4-14.9.   Enforcement of act; jurisdiction of proceedings to collect fine 
     6.   The enforcement of this act shall be vested in the Director of the Division of Consumer Affairs of the Department of Law and Public Safety, the inspectors appointed under his authority, and the police or peace officers of, or inspectors duly appointed for that purpose by, any municipality or county or by the State. Jurisdiction of proceedings to collect the penalties prescribed by this act is vested in the Superior Court and the municipal court in any municipality where the defendant may be apprehended or where he may reside. Process shall be either a summons or warrant and shall be prosecuted in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). 

    L.1975,c.328,s.6; amended 1991,c.91,s.370. 
 
NJSA 39:4-14.10
39:4-14.10.  Electric personal assistive mobility device defined; regulations concerning
 1.  a.  As used in this act, "electric personal assistive mobility device" means a self-balancing non-tandem two wheeled device designed to transport one person which uses an electric propulsion system with average power of 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while operated by a person weighing 170 pounds is less than 20 miles per hour. The device shall not be considered a motorized wheelchair, motorized bicycle, motorcycle, motorized scooter, motorized skateboard, vehicle or motor vehicle.

 b. An electric personal assistive mobility device may be operated on the public highways, sidewalks and bicycle paths of the State. Every person operating such a device shall be granted all of the rights and be subject to all of the duties applicable to the driver of a bicycle by chapter four of Title 39 of the Revised Statutes except as to those provisions thereof which by their nature can have no application.  An electric personal assistive mobility device shall be subject to the safety and equipment requirements applicable to the bicycle provisions of chapter 4 of Title 39 of the Revised Statutes, except as to those provisions thereof which by their nature can have no application.

 c. The operator of an electric personal assistive mobility device shall not be required to obtain a driver's license therefor or to register the device.  The operator shall not be required to furnish proof of having liability insurance for the device or other proof of financial responsibility.

 d. The governing body of any municipality may, by ordinance, regulate the operation of electric personal assistive mobility devices upon the roadways and public properties under municipal jurisdiction. The State or the governing body of any county or municipality may prohibit or regulate their operation on any public highway under its jurisdiction.

 e. Notwithstanding the other provisions of this section, an operator of an electric personal assistive mobility device shall:

 (1) wear a helmet while operating that device; and

 (2) be 16 years of age or older, except for an operator with a mobility-related disability.

 L.2001,c.430,s.1; amended 2003, c.88.
NJSA 39:4-14.11
39:4-14.11   Noncompliance with regulations on electric personal assistive mobility device operation, warning, fine.

 3. An operator who fails to comply with the requirements of this act shall receive a warning for the first offense.  For a second offense, the operator shall be fined $10.  For a subsequent offense, the device shall be impounded for not more than 30 days.  A person who fails to comply with the requirements governing warning notices shall be fined not more than $100 for each violation.

 L.2001,c.430,s.3.
 
NJSA 39:4-14.12
39:4-14.12   Motorized scooter, prohibited from operation on public street, highway, sidewalk.

 2. a. No person shall operate a motorized scooter upon any public street, highway or sidewalk.

 b. Except as otherwise provided in section 4 of P.L.2005, c.159 (C.39:4-14.14), no person shall operate a motorized scooter upon any public property or lands.

 c. No person shall operate a motorized scooter on the property of another without the consent of the owner of that property or the person who has a contractual right to the use of that property.

 L.2005,c.159,s.2.
 
NJSA 39:4-14.13
39:4-14.13   Violations, fines, seizure, community service.

 3. A person violating the provisions of section 2 of this act shall be subject:

 a. For the first offense, to a fine of not less than $100 nor more than $200, and seizure of the motorized scooter.  The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operator's parent or guardian.

 b. For the second offense, to a fine of not less than $200 nor more than $500, and seizure of the motorized scooter.  The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operator's parent or guardian, provided that the court adjudicating the matter approves the return of the scooter.  In addition to the fine and seizure provided for in this subsection, the court shall order the violator to perform community service for a period of not greater than 25 hours.

 c. For the third or subsequent offense, to a fine of not less than $500 nor more than $750, and seizure and forfeiture of the motorized scooter.  In addition to the fine, and seizure and forfeiture provided in this subsection, the court shall order the violator to perform community service for a period of not greater than 50 hours.

 L.2005,c.159,s.3.
NJSA 39:4-14.14
39:4-14.14   Operation of motorized scooters permitted on designated municipal, county property, requirements.

 4. The governing body of any municipality may, by ordinance, permit the operation of motorized scooters upon designated municipal property, other than the streets, highways and sidewalks under municipal jurisdiction.  The governing body of any county may, by resolution, permit the operation of motorized scooters upon designated county property, other than the streets, highways and sidewalks under county jurisdiction.

 Such an ordinance or resolution permitting the operation of motorized scooters upon designated municipal or county property shall include, but not be limited to, the following provisions:

 a. A designation of the municipal or county property upon which motorized scooters may be operated;

 b. The days and hours of the day during which motorized scooters may be operated upon that municipal or county property;

 c. A requirement that each motorized scooter operated upon the designated municipal or county property be registered with the municipality or county and receive a certificate of registration from the municipality or county.  As a condition for such registration, the owner or operator shall produce or display appropriate proof that a policy of liability insurance is in effect for that motorized scooter.  The municipality or county may impose a reasonable fee to cover the costs of registration;

 d. A requirement that no person under the age of 12 years or older if so determined by the municipality or county be permitted to operate a motorized scooter upon the designated municipal or county property;

 e. A requirement that every operator of a motorized scooter wear a properly fitted and fastened helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet), the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling, the American Society for Testing and Materials (ASTM) standard or such other standard, as appropriate;

 f. A requirement that each motorized scooter operated upon the designated municipal or county property be equipped with a brake that will enable the operator to stop the scooter in a safe and effective manner;

 g. A requirement that prior to operating a motorized scooter upon the designated municipal or county property, the prospective operator demonstrate, in a manner prescribed by a designated local authority, a capability to safely operate the scooter; and

 h. A schedule setting forth the penalties for violating the provisions of the ordinance.  The schedule shall be prominently posted upon the designated municipal or county property, along with a warning that operators may also be subject to applicable provisions and penalties set forth in chapter 4 of Title 39 of the Revised Statutes.

 L.2005,c.159,s.4.
 
NJSA 39:4-15
39:4-15.  Sleigh bells on horses attached to a sleigh
    No person shall drive a horse attached to a sleigh or sled on a highway unless there are a sufficient number of bells attached to the horse's harness to give warning of its approach.
 
NJSA 39:4-16
39:4-16.  Unattended horses;  precautions used
    No horse shall be left unattended in a highway unless securely fastened or unless the wheels of the vehicle to which he is harnessed are securely tied, fastened or chained, and the vehicle is of sufficient weight to prevent its being dragged at a dangerous speed with the wheels so secured.
NJSA 39:4-17
39:4-17.  Unbitted horses
    No horse shall be unbitted in a highway unless secured by a halter.
 
NJSA 39:4-18
39:4-18.  Removing part of vehicle or harness
    No person shall remove a wheel, pole shaft, whiffletree, swinglebar or a part of a vehicle or harness likely to cause accident if the horse starts, without first unhitching the horse attached to the vehicle.
 
NJSA 39:4-19
39:4-19.  Obstructing sidewalk with tie rope, etc., prohibited
    No person shall fasten a horse in such a manner that the tie rope, reins, or  lines are an obstruction to the free use of a sidewalk or crosswalk.
NJSA 39:4-20
39:4-20.  Hitching horses to pole, post, tree or hydrant prohibited
    No horse shall be hitched or fastened to a pole carrying any wires, a public  lamp-post, or pole, a shade tree or its protecting box or casing, or to a water  hydrant in a street.
 
NJSA 39:4-21
39:4-21.  Racing on highway prohibited;  exception
    No person shall run or race a horse on a highway, whether the running, racing or trotting is for trial of speed or for the purpose of passing another horse or vehicle.  This section shall not apply where permission for racing is given by the proper municipal authorities and the portion of the highway which is devoted to the racing is properly closed to other traffic.
 
NJSA 39:4-22
39:4-22.  Reins held in hands
    No person shall cease to hold the reins in his hands while riding, driving,  or conducting a horse.
NJSA 39:4-23
39:4-23.  Mistreatment of horse, violations, disorderly person; certain acts, crime of fourth degree
 39:4-23.  No person shall either ill-treat, overdrive, override or unnecessarily or cruelly beat a horse.  A person who violates this section shall be guilty of a disorderly persons offense, except that a person who unnecessarily or cruelly beats a horse shall be guilty of a crime of the fourth degree, and shall be subject to the provisions of  R.S.4:22-17, R.S.4:22-21, and R.S.4:22-26, as appropriate.

 Amended 1998, c.105, s.1; 2001, c.229, s.5.
 
NJSA 39:4-24
39:4-24.  Use of whip
    No person shall crack or so use a whip as to annoy, interfere with or endanger a person or excite a horse other than a horse which he is using.
 
NJSA 39:4-25
39:4-25.  Lights on animal-drawn vehicles
    Every vehicle drawn by a horse or other beast shall carry, during the period  from thirty minutes after sunset and thirty minutes before sunrise, and when  fog renders it impossible to see a long distance, at least one lighted lamp on  the front of the vehicle.  The lamp shall show a white light and shall be of  such a nature and so displayed that it may be seen from a point at least five  hundred feet distant in the direction toward which the vehicle is proceeding.   There shall be attached to the rear of the vehicle two lighted lamps showing a  red light visible for a distance of at least five hundred feet in the direction  from which the vehicle is proceeding.

     Amended by L.1951, c. 23, p. 72, s. 18.
NJSA 39:4-25.1
39:4-25.1.  Rights and duties of persons riding or driving animals
    Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapter four of Title 39 of the  Revised Statutes and all supplements thereto, except those provisions thereof  which by their very nature can have no application.

     L.1951, c. 23, p. 72, s. 19.
 
NJSA 39:4-26
39:4-26.  Moving heavy machinery, apparatus, etc.;  registration fee; permits;  reciprocity
    A person may move along or across a public road or highway, road building machinery, vehicles, traction engines, rollers, structural units incapable of dismemberment or other apparatus or machinery of unusual size or weight, on trailers or semitrailers, after registering the trailers or semitrailers with the Director of Motor Vehicles and paying him a registration fee of $200.00 and  obtaining a permit therefor from the director for the State highways traversed  by them, or from the county supervisor or supervisors of roads of the county or  counties for the county roads traversed by them or from the duly authorized  official or officials of the municipality or municipalities for the municipal  roads traversed by them, subject to the provisions of this article, provided,  however, that the provisions for registration and registration fee shall not  apply to such vehicles duly registered in any other State or Federal district  which grants exemption from registration and registration fee to vehicles properly registered in New Jersey under provisions of this article, traversing  the roads of said other State or Federal district.

    A trailer or semitrailer, having a width in excess of 96 but not more than 144 inches, used to transport divisible loads for industrial processing or storage may be registered with the director at a fee of $200.00.  A trailer or semitrailer so registered may be operated on any public highway, except limited  access highways, provided the distance operated on the highway is not more than  1,000 feet from the point of entrance to the point of exit and further provided  that a permit valid for the duration of the registration year is obtained from  the director.  Such movements may be made at any hour of any day of the year  and no escort vehicles shall be required.  The limitation as to distance  operated shall not apply when the vehicle is empty and proceeding to or from an inspection, service, maintenance, or repair facility.

    The director, board of chosen freeholders and a municipality, may be regulation in the case of the director and by resolution in the case of the board of freeholders or municipality, adopt general rules and regulations with respect to the issuance and use of permits, but not contrary to those stated above, and may impose reasonable fees therefor provided that no permit shall be  issued unless the said director, county supervisor or authorized municipal official is reasonably satisfied as to the financial responsibility of the applicant for permit to meet any claims for damages which may arise and reasonable evidence of such financial responsibility is filed with the said director, supervisor or municipal official.

     Amended by L.1941, c. 260, p. 690, s. 1;  L.1951, c. 23, p. 72, s. 20; L.1952, c. 149, p. 508, s. 1;  L.1960, c. 13, p. 33, s. 1;  L.1961, c. 113, p. 707, s. 4;  L.1971, c. 310, s. 1, eff. Sept. 2, 1971;  L.1975, c. 180, s. 10, eff.  Jan. 1, 1976.
 
NJSA 39:4-27
39:4-27.  Loading and operation of trailer;  permittee's responsibility in damages
    In the transportation of any such road building machinery, vehicle, traction  engine, roller, structural unit incapable of dismemberment or other apparatus  or machinery in accordance with the provisions of section 39:4-26 of this  Title, such trailer or semitrailer shall be so loaded and operated as not to  cause damage to the surface of any public road, street, highway, bridge or  railroad crossing.  When operated the gross weight of the combination of  vehicle and load shall be limited to eight hundred pounds for each inch of  width of the tires on all wheels.

    Every permittee shall be responsible in money damages to the municipality, county, State Highway Commissioner or railroad company maintaining a highway, bridge or railroad crossing by reason of the failure of the permittee to comply  with the statutes or posted regulations governing the use of the said highway,  bridge or crossing or the rules and regulations governing the movement  authorized under said permit.

     Amended by L.1941, c. 260, p. 690, s. 2;  L.1952, c. 149, p. 509, s. 2.
NJSA 39:4-28
39:4-28.  Height;  overhead wires
    No such road building machinery, vehicle, traction engine, steam roller or other apparatus or machinery having a height, including load or equipment or apparatus connected therewith, in excess of fourteen feet shall be operated, driven, propelled or conveyed along or across a public road or highway in which  is located overhead wires of a street railway, traction company or electric  light or power company at any time, unless employees of the street railway,  traction company or electric light or power company are present prepared to  superintend the necessary movement or change in the wires, or to make immediate  repairs thereof in case of injury thereto.
 
NJSA 39:4-29
39:4-29.  Time for moving along street railway tracks
    No such road building machinery, vehicle, traction engine, steam roller or other apparatus or machinery shall be operated, driven, propelled or conveyed along the tracks of a street railway excepting between the hours of nine o'clock P.M. and six o'clock A.M.