NJSA 39:4-126 through NJSA 39:4-128.11


NJSA 39:4-126
39:4-126.  Signaling before starting, turning or stopping
    No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 39:4-123, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway, or start or back a vehicle unless and until such movement can be made with safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter  provided in the event any other traffic may be affected by such movement.

    A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

    No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear.

    The signal herein required shall be given either by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible, both to front and rear, the  signal shall be given by a device of a type which has been approved by the  division.

    When the signal is given by means of the hand and arm, the driver shall indicate his intention to stop or turn by extending the hand and arm from and beyond the left side of the vehicle in the following manner and such signals shall indicate as follows:

    (a) Left turn.--Hand and arm extended horizontally.

     (b) Right turn.--Hand and arm extended upward.

     (c) Stop or decrease speed.--Hand and arm extended downward.

     Amended by L.1951, c. 23, p. 92, s. 67;  L.1956, c. 107, p. 485, s. 2.
 
NJSA 39:4-127.  
39:4-127.       Backing or turning in street
    No vehicle shall back or make a turn in a street, if by so doing it interferes with other vehicles, but shall go around a block or to a street sufficiently wide to turn in without backing.

PLEASE PHOTOCOPY INSERTION
 
NJSA 39:4-127.1
39:4-127.1.  Railroad crossings;  stopping
    (a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely.  The foregoing requirements shall apply when:

    1.  A clearly visible electric or mechanical signal device gives warning of  the immediate approach of a railroad train;

    2.  A crossing gate is lowered or when a human flagman gives or continues to  give a signal of the approach or passage of a railroad train;

    3.  A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;

    4.  An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

    (b) No person shall drive any vehicle through, around, or under any crossing  gate or barrier at a railroad crossing while such gate or barrier is closed or  is being opened or closed.

     L.1951, c. 23, p. 93, s. 68.
 
NJSA 39:4-127.2
39:4-127.2.  Movable span bridges
   No person shall drive any vehicle through, around, or under any gate or barrier at or on the approaches to a movable span bridge while such gate or barrier is closed or is being opened or closed, nor shall any person drive any vehicle in disobedience to the directions of a traffic control signal or sign, police officer or duly authorized bridge tender, flagman or gateman, located at  or in advance of said bridge.

     L.1951, c. 23, p. 94, s. 69.
 
NJSA 39:4-128
39:4-128   Vehicles required to stop at grade crossings; method of crossing; exceptions; notice to railroad of intention to cross with certain vehicles or machinery; violations; penalties.
 39:4-128.  (a) The driver of any omnibus, designed for carrying more than six passengers, or of any school bus carrying any school child or children, or of any vehicle carrying explosive substance or flammable liquids as a cargo or part of a cargo, or of any commercial motor vehicle specified in 49 C.F.R. s.392.10(a) (1) through (6), before crossing at grade any track or tracks of a railroad shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped listen and look in both directions along such track or tracks, for any approaching train, and for signals indicating the approach of a train.  After stopping as required herein and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.  This section shall not apply to grade crossings which are no longer used for railroad traffic and which have been abandoned by the railroad company provided that appropriate signs have  been posted to indicate that such grade crossing has been abandoned or is no  longer used for any railroad traffic.  This section shall not apply to grade  crossings where the railroad track has been removed or paved over and the  warning signs erected by the railroad in accordance with R.S.48:12-58 have  been removed, provided that in such case written notice is given to the Commissioner of Transportation and to the appropriate State or local authority having jurisdiction over the highway, road, or street prior to the undertaking of such removal or paving of railroad track.  This section shall also not apply to grade crossings marked with a sign reading "Exempt Crossing."

 The Commissioner of Transportation is hereby vested with the exclusive authority to designate and mark any railroad grade crossings across any street or highway in this State with a sign  "Exempt Crossing."  The commissioner shall hold a public hearing before designating any crossing as exempt with notice of such hearing to be served in accordance with regulations promulgated by the commissioner.

 The commissioner shall designate a grade crossing an exempt crossing when the potential for damage and injury from accidents between motor vehicles required to stop at grade crossings and other motor vehicles traveling in the same direction exceeds that between a train and the vehicles required to stop by law.  Crossings designated as exempt crossings may include, but shall not be limited to, industrial, spurline and secondary crossings.  The commissioner shall promulgate such regulations as are necessary to effectuate the purpose of the establishment of exempt crossings.

 (b) No person shall operate or move any crawler-type tractor, wheel tractor, tractor engine with or without trailer or trailers attached, steam shovel, derrick, roller, self-propelled concrete mixer, or any self-propelled vehicle, commercial motor vehicle, equipment, machinery, apparatus or structure having a normal operating speed of  10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any two adjacent axles or in any  event of less than 9 inches, measured above the level surface of a roadway, upon or across any track or tracks at a railroad grade crossing without first complying with the following requirements.

 Notice of any such intended crossing shall be given to the nearest superintendent or trainmaster of such railroad.  Such notice shall specify the approximate time of crossing and a reasonable time shall be given to such railroad to provide proper protection at such crossing.

 After concluding satisfactory arrangements with the proper officer of the railroad and before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along such track or tracks for any approaching train and for signals indicating the approach of a train, and  shall not proceed until the crossing can be made safely.

 No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.  If the flagman is provided by the railroad, movement over the crossing shall be made under his jurisdiction.

 (c) Any person violating the provisions of this section shall be punished by  a fine of not more than $50.00 for the first offense and for the second offense a fine of not more than $100.00, or by imprisonment for not more than 30 days,  or by both such fine and imprisonment.

 (d) This section shall not be construed as limiting the authority of any municipality to adopt police regulations governing the operation of omnibuses and to provide penalties for their violation, or to relieve the owner or operator of such omnibus subject to the jurisdiction of the Board of Public Utilities from any penalty prescribed by the laws of this State for violation of orders of such board.

 Amended 1938, c.164, s.1; 1941, c.260, s.3; 1951, c.23, s.70 (1951, c.23, s.70 repealed 1953, c.294, s.2); 1952, c.68 (1952, c.68 repealed 1953, c.294, s.3); 1953, c.294, s.1; 1971, c.393, s.1; 1973, c.177; 1979, c.48; 2005, c.147, s.9.
 
NJSA 39:4-128.1.
39:4-128.1.   School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license
 1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

 On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

 On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

 For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

 Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

 The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

 Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense.  The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.

 The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.

 L.1942, c.192,s.1; amended 1948, c.132; 1949, c.102, s.1; 1951, c.23, s.71; 1966, c.235, s.1; 1968, c.171, s.1; 1983, c.27; 1989, c.319, s.1; 1992, c.72; 2000, c.85, s.2.
 
NJSA 39:4-128.3
39:4-128.3.  Definitions
    For the purposes of this act:

    a.   "Division"  means the Division of Motor Vehicles.

     b.   "Frozen dessert truck"  means every motor vehicle in which frozen desserts are carried for purposes of retail sale on the streets of the State.

     c.   "Vend"  or  "vending"  means offering frozen desserts for sale from a motor vehicle on the streets of the State.

     d.   "Frozen desserts"  means ice cream, frozen custard, French ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk, ice, water ice, nonfruit sherbets, nonfruit water ices, freezer made milk shakes, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, artificially sweetened ice cream, or artificially sweetened ice milk, special frozen dietary foods, frozen yogurt, mellorine frozen desserts, as all such products are commonly known, together with any such mix used in frozen desserts and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as such products are customarily prepared or frozen whether made with dairy or non-dairy products and ice flavored with syrup.

     L.1979, c. 438, s. 1.
 
NJSA 39:4-128.4.
39:4-128.4.   Approaching or overtaking stopped frozen dessert truck; stopping
    a.  The driver of a vehicle approaching or overtaking from either direction  a frozen dessert truck stopped on the highway shall stop before reaching the  truck when the flashing red lights and stop signal arm described in section 3  are in use.  After stopping, a driver may proceed past such truck at a  reasonable and prudent speed, not exceeding 15 miles per hour, and shall yield  the right of way to any pedestrian who crosses the roadway to or from the  frozen dessert truck.

    b.  The driver of a vehicle on a highway having dual or multiple roadways separated by safety islands or physical traffic separation installations need not stop upon meeting or passing a frozen dessert truck on another roadway.

     L.1979, c. 438, s. 2.
 
NJSA 39:4-128.5.
39:4-128.5.   Frozen dessert truck;  equipment
    In addition to other equipment required by law, every frozen dessert truck shall be equipped with:

    a.  Signal lamps mounted at the same level and as high and as widely spaced  laterally as practicable.  These lamps shall be 5 to 7 inches in diameter and  shall display two alternately flashing red lights visible at 500 feet to the  front and rear in normal sunlight upon a straight level highway.

    b.  A stop signal arm that can be extended horizontally from the left side of the truck.  When such arm is extended, the side of the stop signal arm nearest the truck shall be 7  1/4   inches long and parallel to the side of the  truck.  The side furthest from the truck shall be 18 inches long and parallel  to the side nearest the truck.  The two sides shall be 18 inches apart creating  a symmetrical, trapezoidal shape.  Two alternately flashing red lights shall be  located in the outside corners of the extended signal arm and such corners  shall be rounded to conform with the shape of the lights. Each red light shall  be 3 to 5 inches in diameter and visible at 300 feet to the front and rear in  normal sunlight upon a straight and level street.  Both sides of the signal arm  shall have a red reflectorized background and the following legend:  The word   "STOP"  shall appear in 6-inch high, 1 inch wide white letters in the middle  of the signal arm; above the word  "STOP,"  the phrase  "IF SAFE"  shall  appear in 2 inch high, one-quarter inch wide white letters;  below the word   "STOP,"  the phrase  "THEN GO"  shall appear in 2 inch high, one-quarter inch  wide white letters.  All colors shall meet specifications in the most recently published Federal Highway Administration Standard Color Charts.  The bottom of  the extended signal arm shall be 42 inches above the street.

    c.  A convex mirror mounted on the front so the driver in his normal seating  position can see the area in front of the truck obscured by the hood.

     L.1979, c. 438, s. 3.
 
NJSA 39:4-128.6
39:4-128.6.  Stopped frozen dessert truck;  duty of driver
   a.  The driver of a frozen dessert truck stopped on the highway for the purpose of vending shall actuate the special red flashing lights and extend the  stop signal arm required by section 3.

    b.  These lights and the stop signal arm shall not be used when the truck is  in motion nor at any time the truck is stopped for a purpose other than vending.

     L.1979, c. 438, s. 4.
 
NJSA 39:4-128.7
39:4-128.7.  Conditions for vending
    a.  A person shall not vend on streets where the speed limit exceeds 30 miles per hour.

    b.  A person shall not vend within 500 feet of any property used as a grade  or junior high or middle school from 1 hour before the regular school day to 1  hour after the regular school day;  provided, this subsection shall not apply  on days when school is not attended by children nor on school property when  vending has been approved in writing by the board of education.

    c.  A person shall vend only when the frozen dessert truck is lawfully parked or stopped.

    d.  A person shall vend only from the side of the truck away from moving traffic and as near as possible to the curb or edge of the highway.

    e.  A person shall not vend to a person standing in the roadway.

     f.  A person shall not stop on the left side of a one-way highway to vend.

     L.1979, c. 438, s. 5.
 
NJSA 39:4-128.8.
39:4-128.8.   Backing up truck to make sale;  prohibition
    The driver of a frozen dessert truck shall not back up the same to make or attempt a sale.

     L.1979, c. 438, s. 6.
 
NJSA 39:4-128.9.
39:4-128.9.   Riding in or on frozen dessert truck;  authorized persons only
a.    The driver of a frozen dessert truck shall not permit any unauthorized person to ride in or on the vehicle.

    b.  A person shall not ride in or on a frozen dessert truck unless employed  by its owner or unless authorized in writing to do so by the owner or police  department.

     L.1979, c. 438, s. 7.
 
NJSA 39:4-128.10.
39:4-128.10.   Violations;  penalty
    Any person violating any provision of this act shall be liable for a penalty  of not more than $100.00 for each offense, which may be enforced by summary  proceedings.

     L.1979, c. 438, s. 8.
 
NJSA 39:4-128.11
39:4-128.11   Regulations relative to certain commercial vehicles stopping at railroad crossings.
 10.  a.  A driver of a commercial motor vehicle, other than a commercial motor vehicle that is required to stop at a railroad crossing in accordance with R.S.39:4-128, shall, upon approaching a railroad grade crossing, drive at a rate of speed that will permit the commercial motor vehicle to be stopped before reaching the nearest rail of the crossing.  A driver shall not drive a commercial motor vehicle upon or over a railroad crossing until he has exercised due caution to ascertain that a train is not approaching the crossing.

 b. A driver of a commercial motor vehicle, other than a commercial motor vehicle that is required to stop at a railroad crossing in accordance with R.S.39:4-128, shall stop that commercial motor vehicle before reaching the nearest rail of the crossing, if the tracks of the crossing are not clear of other vehicles or if there is insufficient space to drive the commercial motor vehicle completely through the crossing without stopping the commercial motor vehicle.

 c. An employer shall not knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of R.S.39:4-128, section 68 of P.L.1951, c.23 (C.39:4-127.1) or this section.  An employer who is convicted of any such violation shall be fined not more than $10,000.

 L.2005,c.147,s.10.