NJSA 39:4-98.9 through NJSA 39:4-122

 
NJSA 39:4-98.9
39:4-98.9.  Emergency orders
 8.  a.  Notwithstanding any other provision of law to the contrary, the commissioner is authorized to set or change by emergency order, for periods of up to 60 days, the speed limit on any public highway based on emergent conditions, such as construction work, dangerous conditions, extreme congestion or traffic problems, imminent peril, or imminent risk to motorists or to the public safety.

 b. An emergency order issued pursuant to this section shall cite the portions of public highway to which it is to be applicable, a description in plain language of what the order requires, the effective date of the order, and any other information the commissioner deems necessary.

 c. An emergency order issued pursuant to this section shall be final upon the signature of the commissioner, or on a later date if the commissioner so determines, and shall be effective and enforceable upon compliance with the requirement for the posting of signs providing notice of the speed limit, as provided under the applicable provisions of R.S.39:4-98 and R.S.39:4-198.

 d. An emergency order issued pursuant to this section may, upon its expiration date, be renewed by the commissioner for additional 60-day periods, until the emergent condition necessitating the emergency order is mitigated.

 e. Any official traffic control device established pursuant to this section shall conform to the "Manual on Uniform Traffic Control Devices."

 L.1997,c.415, s.8.
 
NJSA 39:4-99
39:4-99.  Exceeding speed limitations;  speed specified in charge
   It shall be prima facie unlawful for a person to exceed any of the foregoing  speed limitations or any speed limitation in effect as established by authority  of section 39:4-98 of this Title.

    In every charge of violation of section 39:4-98 of this Title, the complaint  and the summons or notice to appear, shall specify the speed at which the  defendant is alleged to have driven and the speed which this article declares  shall be prima facie lawful at the time and place of the alleged violation.

     Amended by L.1951, c. 23, p. 88, s. 56.
 
NJSA 39:4-100
39:4-100.  Rate of speed across sidewalk
    No vehicle or horse shall be driven or ridden across a sidewalk at a rate of  speed greater than four miles per hour.
 
NJSA 39:4-101
39:4-101.  Speedways
    Nothing in this article shall apply to a speedway, constructed with the permission of the local authorities or the board of freeholders, as the case may be, of the county or counties in which the speedway is located, and built or intended for the exclusive use of motor vehicles, if the speedway at no point crosses a highway, railroad or railway at grade.
 
NJSA 39:4-102
39:4-102.  Speeding by physicians in emergencies
    If a physician's motor vehicle is stopped for exceeding the speed limit while in the act of responding to an emergency call, the registration number of  the vehicle and the driver's license number may be inspected and noted and the  physician shall then be allowed to proceed in the vehicle to his destination.   Such proceedings may be taken subsequently as would have been proper had the  person not been a physician.
 
NJSA 39:4-103
39:4-103.  Exemptions from speed regulations
    Motor vehicles belonging to the military establishment, while in use for official purposes in time of riot, insurrection or invasion;  all police officers, while the officers are engaged in the apprehension of violators of the law, or of persons charged with, or suspected of, a violation, are exempt from the provisions of this chapter relating to speed.

     Amended by L.1951, c. 23, p. 89, s. 57;  L.1983, c. 403, s. 16, eff. Dec. 23,  1983.
 
NJSA 39:4-103.1
39:4-103.1.  Photo radar defined, usage prohibited 
     1. a. Notwithstanding any law, rule or regulation to the contrary, a law enforcement officer or agency shall not use photo radar to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes. 

    b.   As used in this act, "photo radar" means a device used primarily for highway speed limit enforcement substantially consisting of a radar unit linked to a camera, which automatically produces a photograph of a vehicle traveling at a speed in excess of the legal limit. 

    L.1992,c.91,s.1. 
 
NJSA 39:4-104
39:4-104.  Violations of article;  penalty
    A person violating a section of this article shall, for each violation, be subject to a fine of not less than $50.00 or more than $200.00, or imprisonment  for a period not exceeding 15 days, or both, except as herein otherwise  provided.

     Amended by L.1955, c. 221, p. 869, s. 1;  L.1982, c. 45, s. 4, eff. Sept. 1, 1982.
 
NJSA 39:4-105
39:4-105.  Color system
    Traffic signals or signal devices shall conform strictly with the provisions  of this article.

    A three-color system shall be used;  red, amber and green.  Green means permission for traffic to go, subject to the safety of others or the specific directions of an officer, official sign or special signal.  Red means traffic to stop before entering the intersection or crosswalk and remain standing until  green is shown alone, unless otherwise specifically directed to go by an  officer, official sign or special signal.  Amber, or yellow, when shown alone  following green means traffic to stop before entering the intersection or  nearest crosswalk, unless when the amber appears the vehicle or street car is  so close to the intersection that with suitable brakes it cannot be stopped in  safety.  A distance of fifty feet from the intersection is considered a safe  stopping distance for a speed of twenty miles per hour, and vehicles and street  cars if within that distance when the amber appears alone, and which cannot be  stopped with safety, may proceed across the intersection or make a right or  left turn unless the turning movement is specifically limited.

    All other uses of green, red, amber or yellow lights so located as to be confused with traffic signals shall be discontinued.
 
NJSA 39:4-106
39:4-106.  Sequence of lights
    The colors shall be shown in the following sequence:  A green light displayed for a predetermined number of seconds followed by an amber light for a reasonable time necessary for the clearance of traffic, followed by a red light, followed by a green light.  The timing of all lights shall be determined  by the volume of traffic.
 
NJSA 39:4-107
39:4-107.  Period or cycle
    The period or cycle shall be based on counts of turning and through traffic  and study of turns, special intersections, distance between intersections and  speeds permitted.
 
NJSA 39:4-108
39:4-108.  Semaphores
    Semaphores shall have four vanes or sides, the stop vanes having a red field  with the word  "stop"  plainly visible thereon, and the go vanes a green field  with the word  "go"  plainly visible thereon.

    When used at night, semaphores shall be equipped with red and green lights,  corresponding with the vanes or sides, and with the same meaning and visibility  as electrically equipped signals.
 
NJSA 39:4-109
39:4-109.  Position of lenses
    When a vertical arrangement of lenses is used, red shall be placed at the top, amber in the middle and green at the bottom.  When it is necessary to place the lights horizontally, the order of the lights shall be red at the left, amber in the middle and green at the right.
 
NJSA 39:4-110
39:4-110.  Height of signals
   Traffic signals shall be placed at such height as to be plainly visible to approaching traffic at a distance of at least one hundred and fifty feet from the intersection, and shall, if within the curb line and operated by electricity, be placed at a height of from eight to ten feet above the pavement.  If on bracket, mast arm or cable, the signal shall clear the pavement by fourteen feet and six inches.

     Amended by L.1948, c. 422, p. 1660, s. 1.
 
NJSA 39:4-111
39:4-111.  Power of lights
    The light shall be of such power as to cause the signal to be visible for at  least three hundred feet.
 
NJSA 39:4-112
39:4-112.  Visibility of signals to traffic at intersections
    Traffic control signals shall be so located as to be plainly visible to all  traffic to be regulated and shall provide at least two indications for each  approach at the intersection.  At least one signal face shall give an unmistakable indication to traffic approaching, as well as passing through the intersection area.  This shall be accomplished by means of post, brackets, mast  arms or cables so located that at least one signal face shall be to the right  of, or over the traffic it is intended to control.

     Amended by L.1948, c. 422, p. 1660, s. 2.
 
NJSA 39:4-113
39:4-113.  Continuously controlled highway
    Each intersection on a continuously controlled highway shall be controlled by signals or suitable signs.  If traffic signals are not erected at every intersection it shall not be construed as a continuously controlled highway.
 
NJSA 39:4-114
39:4-114.  Traffic signal in paved roadway or poles in crosswalk lanes prohibited
    No traffic signal shall be so located as to obstruct the paved width of the  highway, nor shall poles carrying signal supports be so placed as to be in  pedestrian crosswalk lanes.  Where there is, or may hereafter be erected a fixed raised safety zone, the highway area covered by the raised safety zone shall not be construed to mean the paved width of the highway.
 
NJSA 39:4-115
39:4-115.  Making right or left turn
    The driver of a vehicle or the motorman of a streetcar a. intending to turn  to the right or left at an intersection where traffic is controlled by traffic  control signals or by a traffic or police officer, shall proceed to make either  turn with proper care to avoid accidents and, except as provided in b. below,  only upon the  "Go"  signal unless otherwise directed by a traffic or police  officer, an official sign or special signal;  or b. intending to turn right at  an intersection where traffic is controlled by a traffic control signal shall,  unless an official sign of the State, municipality, or county authority having  jurisdiction over the intersection prohibits the same, proceed to make the turn  upon a  "Stop"  or  "Caution" signal with proper care to avoid accidents after  coming to a full stop, observing traffic in all directions and yielding to all  pedestrians and other traffic traveling in a direction in which the turn will  be made. Both the approach for and the turn shall be made as close as  practicable to the right-hand curb or edge of the roadway, unless such  intersection is otherwise posted.

     Amended by L.1976, c. 46, s. 1.
 
NJSA 39:4-116
39:4-116.  Special right or left turn
    Special right or left turn movements may be provided when approved by the director at intersections where traffic is controlled by traffic control signals, by incorporating an additional lens in the signal.  This additional lens shall be a green arrow lens and shall designate the special right or left turn movement by the direction of the arrow.

    When a green arrow lens is incorporated in a traffic control signal and the  signal is operating to control traffic at an intersection, vehicles shall make  turning movements in the direction of the arrow only when the lens is illuminated.

     Amended by L.1951, c. 23, p. 89, s. 58.
 
NJSA 39:4-117
39:4-117.  Special pedestrian interval
    A special pedestrian interval may be provided when approved by the director  at intersections where traffic is controlled by traffic control signals.

    When a special pedestrian interval is incorporated in the operation of a traffic control signal and signified by means of an approved indication, pedestrians shall cross the roadway only when the indication is illuminated, and vehicles and street cars shall stop and remain standing until the green is shown alone.

     Amended by L.1951, c. 23, p. 89, s. 59.
 
NJSA 39:4-118
39:4-118.  Beacon or flashing signal
    Beacon or flashing signals may be erected on pedestals or posts or suspended  by means of mast arms or cables over the intersection, but the signal shall not  be erected within the travelable portion of a highway, except as provided in  section 39:4-114 of this Title.

     Amended by L.1951, c. 23, p. 89, s. 60.
 
NJSA 39:4-119
39:4-119.  Traffic control signals operating as flashing mechanisms; red; amber
    Traffic control signals and beacon or flashing signals when operating as flashing mechanisms shall conform to the following:

   a.   Flashing red:  The red lens when illuminated with rapid intermittent flashes shall require drivers to come to a complete stop before entering or crossing the intersection.  The driver shall proceed only after yielding the right of way to all traffic on the intersecting street, which traffic is so close as to constitute an immediate hazard.

   b.   Flashing amber:  The amber lens when illuminated with rapid intermittent flashes shall indicate the presence of danger and require drivers to proceed only with caution.

   Amended by L. 1985, c. 59, s. 1, eff. Feb. 27, 1985.

NJSA 39:4-120
39:4-120   Traffic control signal devices.

 39:4-120.  The commissioner may determine the character, type, location, placing and operation of all traffic control signal devices on the highways of this State. The commissioner may adopt a manual and specifications for a uniform system of traffic control signals consistent with the provisions of this act for use upon public highways within the State.  Such uniform system shall correlate with and so far as possible conform to the system then current as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways."

 Amended 1951, c.23, s.61; 2003, c.13, s.51.
 
NJSA 39:4-120.1
39:4-120.1.  Official traffic control signals
    Official traffic control signals shall be placed only by the authority of a  public body or official having jurisdiction as authorized by law and only for  the purpose of regulating traffic.

     L.1951, c. 23, p. 90, s. 62.
 
NJSA 39:4-120.2
39:4-120.2.  Flashing mechanism;  use by municipalities
Subject to the provisions of R.S. 39:4-8 and P.L.1969, c. 65 (C. 27:1A-43 et  seq.), a municipality may determine the operation of any approved traffic control device as a flashing mechanism on municipally-owned and maintained streets and roads during the offpeak hours between 10 p.m. to 6 a.m. of any day  of the week.

     L.1981, c. 437, s. 1, eff. Jan. 9, 1982.
 
NJSA 39:4-120.3
39:4-120.3.  Submission of written information to commissioner
    Any municipality seeking to enact an ordinance, regulation or resolution under this act shall first submit written information to the Commissioner of the Department of Transportation indicating the location of the traffic control  device where the use of flashing signals is requested, the intended hours of  operation of such signal, data as to the traffic volume at, and the site  distances from, each intersection of, each location, and any other information  requested by the commissioner.

     L.1981, c. 437, s. 2, eff. Jan. 9, 1982.
 
NJSA 39:4-120.5
39:4-120.5.  Definitions 
     1.   As used in this act:

    a.   "Private road open to the public" means a private road leading from an establishment open to the public including but not limited to a shopping center, restaurant, movie theater or arena. 

    b.   "Public-private intersection" means the intersection of a private road open to the public with a highway. 

    L.1991,c.298,s.1. 
 
NJSA 39:4-120.6
39:4-120.6.  Erection of traffic control device by owner of private open road
     2.   The owner of a private road open to the public which forms a public-private intersection may erect an official traffic control device at the public-private intersection after obtaining the necessary approval in accordance with section 3 of this act.  All official traffic control devices shall conform to the same specifications as those regulating intersections. 

    L.1991,c.298,s.2. 
 
NJSA 39:4-120.7
39:4-120.7.  Approval for traffic control device 
     3.  a.  Where the public-private intersection contains a State highway, the Commissioner of Transportation by regulation shall approve the erection of an official traffic control device. 

    b.   Where the public-private intersection contains a highway under the jurisdiction of local authorities, the local authorities by ordinance or resolution shall approve the erection of an official traffic control device, subject to the approval of the commissioner. 

    c.   The commissioner by appropriate order may withdraw an official traffic control device from a public-private intersection. 

    L.1991,c.298,s.3. 
 
NJSA 39:4-120.8
39:4-120.8.  Owner's responsibilities 
     4.   The owner of the private road open to the public shall obtain, install and maintain any official traffic control device at a public-private intersection. 

    L.1991,c.298,s.4. 
 
NJSA 39:4-120.9
39:4-120.9.  Drivers' obedience
     5.   The driver of a motor vehicle shall observe and obey an official traffic control device erected at a public-private intersection in the same manner as those erected at any other intersection. 

    L.1991,c.298,s.5. 
 
NJSA 39:4-120.10
39:4-120.10. Penalties 
     6.   For a violation of this act, the offender shall be subject to the same penalties as exist in connection with violations at public intersections.

    L.1991,c.298,s.6. 
 
NJSA 39:4-120.11
39:4-120.11. Rules, regulations 
     7.   The Commissioner of Transportation may 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.1991,s.298,s.7. 
 
NJSA 39:4-120.4
39:4-120.4.  Ordinance, regulation or resolution;  effective date
   Any ordinance, regulation or resolution adopted hereunder shall become effective on the ninetieth day following enactment unless it shall have been disapproved before that time by the commissioner;  provided that the commissioner shall have received a certified copy of the ordinance, regulation or resolution, as the case may be, within 5 days of its enactment.

     L.1981, c. 437, s. 3, eff. Jan. 9, 1982.
 
NJSA 39:4-121
39:4-121.  Traffic lights on state roads in suburban districts at location of fire engine houses;  installation by state highway commission
    The State Highway Commissioner, after proper investigation and survey, subject to the approval of the director, may install and maintain traffic lights upon State roads in suburban districts wherever a fire engine house is located within one thousand feet of such road or is located upon such road. The investigation and survey must clearly indicate a special hazard existing because of heavy traffic congestion or of traffic speed upon such road at the locality in question.

     Amended by L.1951, c. 23, p. 90, s. 63.
 
NJSA 39:4-121.1. 
39:4-121.1.  Dangerous intersections in counties or municipalities; traffic  lights
    Any county or municipality, wherein a dangerous intersection has been established by reason of the construction of a State highway within the territorial limits thereof, may apply to the State Highway Commissioner for the  installation and maintenance of traffic lights at such intersection, and after  an application is so made the commissioner shall cause to be made a proper  investigation and survey concerning the traffic hazards which exist at such  intersection.  The State Highway Commissioner, after an investigation and  survey, may install and maintain traffic lights at any intersection where an  application, as hereinbefore provided for, has been made, but the installation  of any traffic lights pursuant to this section shall receive the approval of  the director.

     Amended by L.1951, c. 23, p. 90, s. 64.
 
NJSA 39:4-121.2
39:4-121.2.  Expenses paid from state highway fund
    The state highway commissioner may expend such moneys as may be necessary to  install and maintain traffic lights at the places mentioned in section 39:4-121.1 of this title, said moneys to be withdrawn from those appropriated to the state highway commissioner from the state highway fund.
 
39:4-121.3.  Installation, alteration, maintenance of traffic control devices
     Upon approval by the Department of Transportation of a request by a county or municipality for the installation, alteration or maintenance of a traffic control device on a county or municipal street or highway, the county or municipality may, and is authorized to, enter into an agreement with the Commissioner of Transportation for the Department to perform the work or contract for the installation, alteration or maintenance at the expense of the county or municipality.

    L.1972, c.97, s.1; amended 1989,c.72.
 
NJSA 39:4-122
39:4-122.  Signal by police whistle
    A driver shall, upon one blast of a police whistle given by a police officer  with hand raised, bring the vehicle to a full stop, and shall not proceed again  until he receives a signal so to do from the officer.  Three or more blasts of  the police whistle is the signal for alarm and indicates the approach of a fire  engine or other danger.