NJSA 39:4-197.10 through NJSA 39:4-206

 
NJSA 39:4-197.10
39:4-197.10.   Qualifications for appointment to unit
   2.     No person shall be appointed to or continue to be eligible for participation in the handicapped parking enforcement unit unless he: 

  a.     Evidences no criminal record as a result of a State criminal history record background check through the State Bureau of Identification in the Division of State Police in the Department of Law and Public Safety; 

  b.     Is a resident of the municipality in which the unit is established; and 

  c.     Is at least 18 years of age.

  L.1991,c.442,s.2. 
 
NJSA 39:4-197.11. 
39:4-197.11.     Preference for handicapped persons 
   3.     Preference for participation in this program may be given to persons who are handicapped as defined in P.L.1949, c.280 (C.39:4-204 et seq.). 

  L.1991,c.442,s.3. 
 
NJSA 39:4-197.12
39:4-197.12.   Reimbursement for mileage 
   4.     Any person appointed to the municipality's handicapped parking enforcement unit shall be reimbursed for actual expenses of transportation incurred in the course of his work at a rate at least equal to the rate established by the State and adjusted pursuant to section 2 of P.L.1980, c.19 (C.52:14-17.1a). 

  L.1991,c.442,s.4. 
 
NJSA 39:4-197.13
39:4-197.13.   Course of instruction required
   5.     The municipality shall require any person who fulfills the requirements for appointment in section 2 of P.L.1991, c.442 (C.39:4-197.10) to take a course of instruction designed to prepare the person to properly fulfill his responsibilities under the law. The curriculum for the course shall include, but may not be limited to, appropriate information concerning public relations, the laws, regulations, resolutions, ordinances and other guidelines concerning restricted parking enforcement and court proceedings. Before the person may commence enforcement activity with the unit, he shall satisfactorily complete the prescribed course of instruction. 

  L.1991,c.442,s.5. 
 
NJSA 39:4-197.14
39:4-197.14.   Permissive benefits 
   6.     The governing body of a municipality, by ordinance, may appropriate annually sums of money as it shall deem necessary for the purpose of compensating any such person for his services.  The governing body of a municipality may provide the members of the handicapped parking enforcement unit with coverage under chapter 15 of Title 34 of the Revised Statutes (Workers' Compensation) or if the governing body chooses not to provide such coverage, it may appropriate annually sums of money as it shall deem necessary for the purpose of compensating such persons for any losses which would otherwise be compensable under chapter 15 of Title 34 of the Revised Statutes (Workers' Compensation).  However, neither the municipality nor the State shall be required to provide any benefits thereto whatsoever. 

  L.1991,c.442,s.6. 
 
NJSA 39:4-197.15
39:4-197.15.   Uniform and maintenance allowance 
   7.     Any person who is selected for the handicapped parking enforcement unit shall be provided, at the expense of the municipality, with a distinctive uniform on which is affixed a special patch designating his function and shall be provided with reasonable maintenance thereof. 

  L.1991,c.442,s.7. 
 
NJSA 39:4-197.16
39:4-197.16.  Findings, declarations relative to prohibiting certain trucks, truck-trailer combinations from using portions of Route 29
 1. The Legislature finds that sections of State Highway Route 29, from its intersection with Interstate Route 95 to its northern terminus at State Highway Route 12, have sharp curves, minimal shoulders and limited sight distances.  The Legislature further finds that the use of Route 29 between the stated points by heavy vehicles constitutes a hazard to the traveling public, as evidenced by serious accidents on that roadway, some including fatalities, and confirmed by extensive formal public comments, in recognition of which the Department of Transportation issued a traffic regulation order on November 15, 2000 temporarily prohibiting heavy trucks and truck-trailer combinations from using Route 29 between the stated points for through travel.  The Legislature further finds that there are nearby alternative through routings which have significantly better overall roadway conditions and geometric designs.

 The Legislature finds and declares that State Highway Route 29, from its intersection with Interstate 95 to its northern terminus at State Highway Route 12, is inappropriate for through travel by truck and truck-trailer combinations which exceed 26,000 pounds in weight, and that these vehicles should be permanently prohibited from using that roadway.

 L.2001,c.45,s.1.
 
NJSA 39:4-197.17
39:4-197.17.  Weight prohibitions
 2. Except as otherwise provided in section 3 of this act, truck and truck-trailer combinations which exceed 26,000 pounds in gross registered vehicle weight, gross vehicle weight rating, or gross combination weight rating regardless of their dimensions, are prohibited from using State Highway Route 29, in either the northbound or southbound travel lanes, from its intersection with Interstate Route 95 to its northern terminus at State Highway Route 12.

 L.2001,c.45,s.2.
 
NJSA 39:4-197.18.
39:4-197.18.   Exceptions for emergency, government or local service
 3. The prohibitions contained in section 2 of this act shall not apply to emergency vehicles, government owned or leased vehicles, vehicles which have an origin or final destination on or within three miles of the prohibited sections of State Highway Route 29, or vehicles making an actual pickup, delivery or providing services at a location on or within three miles of the prohibited sections.

 L.2001,c.45,s.3.
 
NJSA 39:4-197.19
39:4-197.19.  Exceptions for certain vehicles after hearing
 4. Notwithstanding the provisions of section 2 of this act, the Commissioner of Transportation in accordance with the provisions of section 2 of P.L.1998, c.28 (C.39:4-8.3) may after the holding of a public meeting by written order provide for the use of the prohibited portions of State Route 29 by vehicles engaged in the commercial transportation of certain rapidly setting concrete mixtures under circumstances in which adherence to the prohibitions set forth in this act makes delivery impossible or economically impracticable.

 L.2001,c.45,s.4.
 
NJSA 39:4-197.20.

39:4-197.20.   Necessary signage by DOT
 5. The provisions of this act shall not be enforceable until the Commissioner of Transportation has caused to be erected such signage as may be necessary to effectuate the purposes of this act, which shall be done no later than 90 days following enactment.

 L.2001,c.45,s.5.
 
NJSA 39:4-197.21

39:4-197.21.  Violations, fines
 6. The driver, owner, lessee, bailee or any one of the foregoing of any truck or truck-trailer combination found or operated in violation of the provisions of this act shall be fined not more than $400 for the first offense, and shall be subject to a fine of $700 for the second offense and a fine of $1,000 for each subsequent offense.

 L.2001,c.45,s.6.
 
NJSA 39:4-198

39:4-198.    Notice of ordinance, resolution or regulation by signs
    Except as otherwise provided in R.S. 39:4-8, no governing body of any county  in this State may adopt resolutions or ordinances on a matter covered by or  which alters or in any way nullifies the provisions of this chapter or of any  supplement thereto, except that ordinances or resolutions may be passed by a  governing body for the supervision and regulation of traffic on any county  roads of the county upon the subject matter and within the limitations  prescribed in R.S. 39:4-197, and the governing body may prescribe penalties for  violations of the resolutions or ordinances; provided, however, that a fine of  not less than $50.00 be imposed upon the violator of an ordinance, resolution,  or regulation, as the case may be, establishing parking spaces for the  handicapped.

    Matters pertaining to the supervision and regulation of traffic, to be established by ordinance or resolution pursuant to R.S. 39:4-197, shall in counties operating under the  "Optional County Charter Law"  (P.L.1972, c. 154,  C. 40:41A-1 et seq.) be established by ordinance.

    No ordinance or resolution adopted pursuant to this section shall be effective unless due notice to the public is given as provided in R.S. 39:4-198.

    The penalties may be enforced by the proper method of procedure before a magistrate.  In default of the payment of the penalty, the magistrate may commit the offender to the county jail for a period not exceeding 5 days.

     Amended by L.1951, c. 23, p. 118, s. 113;  L.1980, c. 143, s. 2, eff. Nov. 12,  1980;  L.1983, c. 227, s. 5, eff. June 27, 1983.
 
NJSA 39:4-201.1

39:4-201.1   "No passing" zones.

 114. With respect to highways under his jurisdiction the commissioner, by regulations, shall have authority to establish and maintain as "no passing" zones portions of such highways where overtaking and passing, or driving to the left of the roadway is deemed especially hazardous.  Notice to the public of the establishment of said "no-passing" zones, shall be given in the manner provided in section 39:4-198 of the Revised Statutes.

 L.1951,23,s.114; amended 2003, c.13, s.57.
 
NJSA 39:4-202.

39:4-202.   Approval of resolutions, ordinances or regulation by commissioner
    No resolution, ordinance or regulation passed, enacted or established under  authority of this article shall be effective until submitted to and approved by  the Commissioner of Transportation, as provided in R.S. 39:4-8, except as  otherwise provided therein.

     Amended by L.1951, c. 23, p. 119, s. 116;  L.1983, c. 227, s. 6, eff. June 27,  1983.
 
NJSA 39:4-203.

39:4-203.   General penalty for violations of chapter
   For a violation of a provision of this chapter or any supplement thereto for  which no specific penalty is provided, the offender shall be liable to a penalty of not more than $50.00 or imprisonment for a term not exceeding 15 days, or both;  except that for a violation of a section of article 11, 13, 14 or 17 of this chapter or any supplement thereto for which no specific penalty is provided, the offender shall be liable to a penalty of not less than $50.00 or more than $200.00 or imprisonment for a term not exceeding 15 days, or both.

     Amended by L.1951, c. 23, p. 119, s. 117;  L.1982, c. 45, s. 5, eff. Sept. 1,  1983.
 
NJSA 39:4-203.1

39:4-203.1   Indigents permitted to pay fines in installments.

 1. Any defendant convicted of a traffic offense pursuant to Title 39 of the Revised Statutes or a parking offense, shall, upon a satisfactory showing of a condition of indigency or participation in a government-based income maintenance program, be permitted by the court to pay the fine in installments.  The court shall set the amount and frequency of each  installment, except that the final installment shall be due no later than 12 months from the date of conviction.

 L.1981,c.365,s.1;  amended 1999, c.397, s.2.
 
NJSA 39:4-203.2.

39:4-203.2.   Failure to comply with installment order;  additional penalties
    If the defendant fails to comply with any of the terms of the installment order, the court may, in addition to any other penalties it may impose, order the suspension of the defendant's driver's license and notify the Director of the Division of Motor Vehicles of the action.

     L.1981, c. 365, s. 2.
 
NJSA 39:4-203.3

39:4-203.3.  Violations pertaining to pedestrians and bicycles by juvenile under 17;  warning;  penalties
    Notwithstanding the provisions of Title 39 of the Revised Statutes to the contrary, a juvenile under the age of 17 who commits an act which constitutes a  violation of that Title pertaining to pedestrians and bicycles may be warned of  the violation by a police officer or may be subject to a fine not to exceed  $10.00.  No points shall be assessed pursuant to section 1 of P.L.1982, c. 43  (C. 39:5-30.5) for these violations.

     L.1984, c. 90, s. 1.
 
NJSA 39:4-203.4

39:4-203.4.  Conviction for violation after Jan. 1, 1983;  petition for reduction in sentence
    A juvenile convicted of a violation of Title 39 of the Revised Statutes pertaining to pedestrians or bicycles, which violation occurred on or after January 1, 1983, may petition the sentencing court for reduction of the sentence in accordance with the provisions of this act.  The court shall sentence pursuant to the provisions of this act unless, for good cause shown, it determines that the original sentence was proper under the circumstances.

     L.1984, c. 90, s. 2.
 
NJSA 39:4-203.5

39:4-203.5   Offenses in area of highway construction, repair or designated safe corridor.

 1. a. For the purposes of this act:

 "Area of highway construction or repair" means that segment of any highway which is identified by properly posted traffic control devices or signs as undergoing construction, reconstruction, repair, or maintenance operation.  An area of highway construction or repair shall consist of that area between the first traffic control device or sign informing motor vehicle operators of their approaching highway construction or repair and the last traffic control device or sign indicating all restrictions are removed and normal motor vehicle operations may resume.

 "Highway" means any highway under the jurisdiction of the State Department of Transportation, a county, a municipality or a toll road authority.

 "Safe corridor" or "safe corridor area" means a segment of highway under the jurisdiction of the Department of Transportation which, based upon accident rates, fatalities, traffic volume and other highway traffic safety criteria, is identified by the Commissioner of Transportation as a segment warranting designation as a "safe corridor."

 "Toll road authority" means the New Jersey Turnpike Authority, the New Jersey Highway Authority, or the South Jersey Transportation Authority.

 b. The fine for a motor vehicle offense embodied in the following sections of statutory law, when committed in an area of highway construction or repair, or when committed in a designated safe corridor, shall be double the amount specified by law:

Subsection b. of R.S.39:3-20;

R.S.39:4-52;

R.S.39:4-57;

R.S.39:4-71;

R.S.39:4-80;

R.S.39:4-81;

R.S.39:4-82;

R.S.39:4-83;

R.S.39:4-84;

R.S.39:4-85;

R.S.39:4-86;

R.S.39:4-88;

R.S.39:4-89;

R.S.39:4-90;

R.S.39:4-96;

R.S.39:4-97;

R.S.39:4-98;

R.S.39:4-99;

R.S.39:4-105;

R.S.39:4-115;

R.S.39:4-119;

R.S.39:4-122;

R.S.39:4-123;

R.S.39:4-124;

R.S.39:4-125;

R.S.39:4-127;

R.S.39:4-129;

R.S.39:4-144;

P.L.1955, c.217 (C.39:5C-1);

Section 48 of P.L.1951, c.23 (C.39:4-66.1);

Section 41 of P.L.1951, c.23 (C.39:4-82.1);

Section 51 of P.L.1951, c.23 (C.39:4-90.1);

Section 1 of P.L.2000, c.75 (C.39:4-97.2);

Section 6 of P.L.1997, c.415 (C.39:4-98.7);

Section 5 of P.L.1951, c.264 (C.27:23-29);

Section 18 of P.L.1952, c.16 (C.27:12B-18); and

Section 21 of P.L.1991, c.252 (C.27:25A-21).

 When an area of highway construction or repair is within a safe corridor, the fine for a motor vehicle offense embodied in the preceding sections of statutory law shall be doubled only once.  When a safe corridor is within an area of highway construction or repair, the fine for a motor vehicle offense embodied in the preceding sections of statutory law shall be doubled only once.  Fines for violation of section 6 of P.L.1997, c.415 (C.39:4-98.7) in a safe corridor or an area of highway construction or repair shall be doubled only once. Notwithstanding any other provision of law, the increase from the doubled fines imposed and collected in designated safe corridor areas shall be forwarded by the person to whom they are paid to the State Treasurer, who shall annually deposit those moneys in the "Highway Safety Fund" established pursuant to section 5 of P.L.2003, c.131 (C.39:3-20.4).

 c. (1) Signs designed in compliance with the specifications of the Department of Transportation or, if appropriate, the toll road authority having jurisdiction over the appropriate highway, shall be appropriately placed, by order of the Commissioner of Transportation, the appropriate local official, or the affected toll road authority, as the case may be, to notify drivers approaching areas of highway construction or repair, or designated safe corridor areas, that the fines are doubled for motor vehicle offenses in those areas.

 (2) In addition, all traffic control signs and devices erected or displayed by the State Department of Transportation, a county, a municipality or a toll road authority within an area of highway construction or repair or safe corridor area shall conform to the uniform system specified in the most current "Manual on Uniform Traffic Control Devices for Streets and Highways," prepared by the Federal Highway Administration in the United States Department of Transportation.

 d. It shall not be a defense to the imposition of the fines authorized under the provisions of this act that a sign notifying drivers who are approaching highway construction or repair areas, or designated safe corridor areas, that fines are doubled for motor vehicle offenses in those areas was not posted, improperly posted, wrongfully removed or stolen, or that signs or devices were not placed in compliance with the most current "Manual on Uniform Traffic Control Devices for Streets and Highways" as required pursuant to paragraph (2) of subsection c. of this section.

 e. The director shall include information concerning the penalties imposed pursuant to this act in any subsequent revision of the New Jersey Driver Manual and the New Jersey Motorist Guide.

 f. Safe corridor areas shall be designated by traffic order issued pursuant to P.L.1998, c.28 (C.39:4-8.2 et seq.).

 L.1993,c.332,s.1; amended 2003, c.131, s.1.
 
NJSA 39:4-204

39:4-204   Handicapped person defined.
 1. The term "handicapped person" as employed herein shall include any person who has lost the use of one or more limbs as a consequence of paralysis, amputation, or other permanent disability or who is permanently disabled as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise limited as certified by a physician with a plenary license to practice medicine and surgery; a podiatrist licensed to practice in this State or a bordering state; a physician stationed at a military or naval installation located in this State who is licensed to practice in any state; or, a chiropractic physician licensed to practice in this State or a bordering state.

 L.1949,c.280,s.1; amended 1950, c.191; 1981, c.36, s.1; 1991, c.49, s.1; 1997, c.267, s.1;1999, c.326, s.1.
 
NJSA 39:4-205

39:4-205.  Handicapped person identification cards;  application; issuance;   forfeiture or revocation;  indefinite validity
    The Director of the Division of Motor Vehicles in the Department of Law and  Public Safety shall issue, at the expense of the State of New Jersey, handicapped person identification cards upon the application of qualifying handicapped persons, as heretofore defined, and after due investigation of the qualifying status of each applicant.  Said card shall, amongst other things, identify the handicapped persons and the registration number of the vehicle for  which any wheelchair symbol license plates have been issued under the provisions of section 3 of this act and shall state that he is a handicapped person validly qualified hereunder to receive such card, that said card is for the exclusive use of the person to whom it has been duly issued, is nontransferable and will be forfeited if presented by any other person, and that any abuse of any privilege, benefit, precedence or consideration granted to any person to whom such card may be issued will be sufficient cause for revocation of said card, corresponding windshield placard and wheelchair symbol  license plates, and the same may be forfeited or revoked accordingly, and in  the absence of any such forfeiture or revocation said card shall be valid  indefinitely.

     L.1949, c. 280, p. 871, s. 2.  Amended by L.1981, c. 36, s. 2.
 
NJSA 39:4-206

39:4-206   Vehicle identification card.

 3. The director shall issue to such applicant, also, a placard of such size and design as shall be determined by the director in consultation with the Division of Vocational Rehabilitation Services in the Department of Labor and the Office of Disability Services in the Department of Human Services, indicating that a handicapped person identification card has been issued to the person designated therein, which shall be displayed in such manner as the director shall determine on the motor vehicle used to transport the handicapped person, when the vehicle is parked overtime or in special parking places established for use by handicapped persons.

 Notwithstanding any provision of P.L.1949, c.280 (C.39:4-204 et seq.) to the contrary, the chief of police of each municipality in this State shall issue a temporary placard of not more than six months' duration to any person who has temporarily lost the use of one or more limbs or is temporarily disabled as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise temporarily limited, as certified by a physician with a plenary license to practice medicine and surgery  ; a podiatrist licensed to practice in this State or a bordering state;  a physician stationed at a military or naval installation located in this State who is licensed to practice in any state; or a chiropractic physician licensed to practice in this State or a bordering state.  Each temporary handicapped placard issued under the provisions of this section shall set forth the date on which it shall become invalid.

 The temporary placard shall be granted upon written certification by a physician with a plenary license to practice medicine and surgery or a podiatrist licensed to practice in this State or a bordering state or a physician stationed at a military or naval installation located in this State who is licensed to practice in any state that the person meets the conditions constituting temporary disability as provided in this section.  This certification shall be provided on a standard form to be developed by the director in consultation with local chiefs of police and representatives of the handicapped.  The form shall contain only those conditions constituting temporary disability as are provided in this section. The physical presence of the handicapped person shall not be required for the issuance of a temporary handicapped placard.

 The placard may be renewed one time at the discretion of the issuing authority for a period of not more than six months' duration. The placard shall be displayed on the motor vehicle used by the temporarily handicapped person and shall give the person the right to park overtime or to use special parking places established for use by handicapped persons in any municipality of this State.

 The fee for the issuance of such temporary or permanent placard issued pursuant to this section shall be $4.00 and payable to the Director of the Division of Motor Vehicles.

 The director may, in addition, issue license plates bearing the national wheelchair symbol for:

 a. Not more than two motor vehicles owned, operated or leased by a handicapped person or by any person furnishing transportation on his behalf; or

 b. Any two motorcycles owned, operated or leased by a handicapped person.

 The fee for the issuance of such plates shall be $10.00 for each vehicle.

 L.1949,c.280,s.3; amended 1954, c.133; 1966, c.204, s.1; 1975, c.330; 1981, c.36, s.3; 1983, c.96; 1989, c.201, s.3; 1991, c.49, s.2; 1993, c.277; 1997, c.267, s.2; 1999, c.91, s.13; 1999, c.326, s.2.