NJSA 39:4-207 through NJSA 39:5-24
NJSA 39:4-207
39:4-207. Parking overtime by driver of motor vehicle with placard or wheelchair symbol license plates; no penalty
No penalty shall be imposed for the parking overtime of any motor vehicle which has displayed thereon a placard or wheelchair symbol license plates issued pursuant to the provisions of this act under any law or municipal ordinance now in effect or hereafter enacted unless such vehicle shall have been parked in one location for more than 24 hours. This provision shall apply only when the person to whom the placard or special license plate has been issued is either the driver or a passenger of the vehicle.
Amended 1981,c.36,s.4; 1989,c.201,s.4.
NJSA 39:4-207.1.
39:4-207.1. Rules and regulations
The Director of the Division of Motor Vehicles shall promulgate rules and regulations necessary to effectuate the purposes of this act.
L.1981, c. 36, s. 5.
NJSA 39:4-207.2.
39:4-207.2. Mentally retarded person defined
For purposes of this act "mentally retarded person" means a person in a state of significant subnormal intellectual development with reduction of social competence which state shall have existed prior to adolescence and is expected to be of life duration.
L.1984, c. 50, s. 1.
NJSA 39:4-207.3.
39:4-207.3. Motor vehicles used to transport mentally retarded persons; special insignia; issuance; fee; annual renewal; special vehicle identification cards; placard for display
a. The Director of the Division of Motor Vehicles shall issue a special insignia upon the application of a federal, State, county or municipal entity or a public or private nonprofit organization incorporated under the laws of this State for motor vehicles owned or operated by the applicant and used to transport mentally retarded persons. The insignia shall be of a design and shall be posted or attached to the motor vehicle in a place and manner to be determined by the director. The fee for the issuance of an insignia shall be determined by the director and the insignia shall be renewable annually by the director at the time fixed for the annual registration of the vehicle.
b. The director may also issue to an applicant, at the expense of the State, special vehicle identification cards to be carried by the operators of motor vehicles used to transport mentally retarded persons. The cards shall be renewable annually by the director at the time fixed for the annual registration of the vehicles.
c. The director may also issue to an applicant a placard to be displayed on the motor vehicle.
L.1984, c. 50, s. 2.
NJSA 39:4-207.4
39:4-207.4. Authorization to park in space marked for physically handicapped
A motor vehicle owned or operated by a federal, State, county or municipal entity or a public or private nonprofit organization incorporated under the laws of this State and used to transport mentally retarded persons, and which is properly identified in accordance with the provisions of section 1 of this act, is authorized to park in a space appropriately marked for vehicles for the physically handicapped pursuant to law whenever the vehicle is being used to transport mentally retarded persons.
L.1984, c. 50, s. 3.
NJSA 39:4-207.5
39:4-207.5. Out-of-State handicapped plates
A motor vehicle with a special license plate, placard or parking permit issued to a handicapped person by another state, district or territory of the United States, or by Canada shall be entitled to special parking privileges for the handicapped established by any law or by any ordinance, resolution or regulation.
L. 1986, c. 25, s. 1, eff. June 6, 1986.
NJSA 39:4-207.6.
39:4-207.6. Definitions
As used in this act:
a. "Appropriate identification" means, in the case of a restricted parking zone, a permit issued by a municipality under the authority granted by section 2 of P.L.1977, c.309 (C.39:4-197.7) and, in the case of a restricted parking space, a placard or wheelchair symbol license plates issued by the Division of Motor Vehicles under section 3 of P.L.1949, c.280 (C.39:4-206).
b. "Eligible handicapped person" means a handicapped person who is the holder of (1) an identification card issued by the Division of Motor Vehicles under section 2 of P.L.1949, c.280 (C.39:4-205), or (2) a permit issued by a municipality under the authority granted by section 2 of P.L.1977, c.309 (C.39:4-197.7).
c. "Park unlawfully" means to park a motor vehicle in a restricted parking space or a restricted parking zone if the motor vehicle does not display appropriate identification.
d. "Restricted parking space" means a parking space which the State or a local government has established for the exclusive use of a handicapped person but shall not include a restricted parking zone established under section 1 of P.L.1977, c.309 (C.39:4-197.6).
e. "Restricted parking zone" means a parking zone in front of the residence of a handicapped person which a municipality has established for the use of that handicapped person under the authority granted by section 1 of P.L.1977, c.309 (C.39:4-197.6).
L.1989,c.200,s.1.
NJSA 39:4-207.7
39:4-207.7. Removal of motor vehicle parked unlawfully in restricted parking space or zone
a. An eligible handicapped person may request a law enforcement officer to arrange for the removal and storage of a motor vehicle which is parked unlawfully in a parking space or zone which is restricted for use by a handicapped person. It shall be the obligation of the owner of the motor vehicle to pay the reasonable costs for the removal and for any storage which may result from the removal.
b. The removal of a motor vehicle under this section is subject to local ordinances concerning the regulation of that practice, including, but not limited to, the fees charged for the removal, notice requirements therefor, and the licensing of persons engaged in that practice.
c. The assessment of removal and storage costs against a person under this section shall be in addition to any other penalty assessed against the person.
L.1989,c.200,s.2.
NJSA 39:4-207.8.
39:4-207.8. Issuance of handicapped nursing home resident identification card and windshield placard for nursing home vehicles
The Director of the Division of Motor Vehicles in the Department of Law and Public Safety shall issue a handicapped nursing home resident identification card and corresponding windshield placard upon the application of a nursing home owner or operator for use in a vehicle owned or operated by the nursing home when that vehicle is used to transport handicapped nursing home residents. The identification card and corresponding windshield placard shall identify the nursing home owner or operator and the registration number of the nursing home's vehicle for which the card is issued, and shall state that: the nursing home owner or operator is validly qualified to receive the identification card and corresponding windshield placard; the identification card and corresponding windshield placard are for the exclusive use of the nursing home's vehicle when transporting a handicapped nursing home resident; the identification card and corresponding windshield placard are not transferable and will be forfeited if used for purposes not authorized under this act; and an abuse of any privilege, benefit, precedence or consideration granted to a person to whom the identification card and corresponding windshield placard are issued will be sufficient cause for revocation of the identification card and corresponding windshield placard and the same may be forfeited or revoked accordingly, and in the absence of a forfeiture or revocation, the identification card and corresponding windshield placard are valid indefinitely.
The windshield placard shall be displayed on the vehicle when the vehicle is used to transport handicapped nursing home residents. A vehicle displaying this windshield placard is authorized to park in a space appropriately marked for vehicles for the physically handicapped only when delivering or receiving handicapped nursing home residents from one location to another. The vehicle is not permitted to park in designated handicapped parking spaces when it is not transporting handicapped nursing home residents.
The fee for the issuance of the identification card and corresponding windshield placard issued pursuant to this section is $4.00 and is payable to the Director of the Division of Motor Vehicles.
L.1989,c.201,s.6.
NJSA 39:4-207.9
39:4-207.9. Parking spaces for handicapped; requirement for snow removal
1. a. A person who owns or controls a parking area which is open to the public or to which the public is invited and which contains special parking spaces for the use of persons who have been issued a placard or wheelchair symbol license plates pursuant to P.L.1949, c.280 (C.39:4-204 et seq.) shall be responsible for assuring that access to these special parking spaces and to curb cuts or other improvements designed to provide accessibility for handicapped persons is not obstructed.
b. If snow or ice is obstructing the special parking space, curb cut or other improvement designed to provide accessibility for the handicapped, it shall be removed within 48 hours after the weather condition causing the snow or ice ceases.
c. A person who violates this act shall be liable for a penalty of not less than $200 or more than $500.
L.1999,c.182.
NJSA 39:4-208.
39:4-208. Trenton, State's property at; regulations authorized
The Division of State Police in the Department of Law and Public Safety is authorized and empowered to regulate traffic and the parking of motor vehicles on the grounds, and roadways or highways therein, owned by the State of New Jersey at Trenton, and the board, body or officer in charge and control of any State institution may likewise regulate traffic and the parking of motor vehicles on the grounds of such institution and roadways or highways on such grounds, and for such purpose may adopt, promulgate and enforce rules and regulations to prevent traffic congestion and insure a proper, reasonable, orderly and safe use of said grounds, roadways and highways by motorists.
L.1950, c. 16, p. 43, s. 1. Amended by L.1956, c. 47, p. 96, s. 1.
NJSA 39:4-209.
39:4-209. Violations; penalties
Any person who shall violate any of the said regulations shall be subject to a fine of not less than $1.00 nor more than $15.00; provided, however, that any person who shall violate any of said regulations concerning the altering, counterfeiting or misuse of parking permits shall be subject to a fine of not more than $50.00.
L.1950, c. 16, p. 43, s. 2. Amended by L.1973, c. 116, s. 1, eff. May 7, 1973.
NJSA 39:4-210.
39:4-210. Jurisdiction of offenses; disposition of fines
Every magistrate and every court having jurisdiction of criminal offenses and the violations of public laws committed in the municipality in which such grounds are located shall have jurisdiction to hear and determine violations of the said regulations to be made by the said division under the provisions of this act and to fix, impose and enforce payment of fines therefor. All such fines shall be for the use and benefit of the State of New Jersey.
L.1950, c. 16, p. 43, s. 3. Amended by L.1956, c. 47, p. 96, s. 2.
NJSA 39:4-211.
39:4-211. Enforcement of regulations
The State Police, the State Capitol Police, the city police of the city of Trenton, and other police officers of this State, including those specially appointed or designated to police the grounds of any such State institution, shall have the power and authority to enforce the provisions of this act and said regulations upon the public highways located on the said grounds of the State of New Jersey within their respective jurisdictions.
L.1950, c. 16, p. 43, s. 4. Amended by L.1956, c. 47, p. 97, s. 3; L.1983, c. 403, s. 17, eff. Dec. 23, 1983.
NJSA 39:4-212
39:4-212 Consultation, cooperation relative to enforcement of regulations.
5. The said division and any such board, body or officer is authorized to consult and co-operate with the commissioner, and the county and municipal officials having jurisdiction over the highways and traffic regulations and enforcement in the city of Trenton, or in the municipality in which the State institution may be located, as the case may be, in making and enforcing the said regulations.
L.1950,c.16,s.5; amended 1956, c.47, s.4; 2003, c.13, s.58.
NJSA 39:4-213
39:4-213. Control of traffic during emergency conditions; Attorney-General's powers
Whenever the Attorney-General shall determine that an emergency condition exists with regard to the flow of vehicular traffic in this State, he may, through police agencies under his control, determine and control the direction of the flow of such traffic on any State highway, municipal or county road, including the right to detour, reroute or divert any or all traffic necessary to remove the emergency then existing. Said traffic may be detoured, rerouted or diverted to other State highways, or municipal or county roads. The Attorney-General further shall determine the type of vehicle or vehicles permitted to be operated on such State highway, or municipal or county road.
L.1950, c. 70, p. 128, s. 1.
NJSA 39:4-214
39:4-214. Signals; signs; police personnel
For the purpose of carrying into effect the provisions of this act, the Attorney-General is authorized to erect directional signals or signs, and assign such police personnel as may be necessary for the manual direction of traffic during said emergency.
L.1950, c. 70, p. 129, s. 2.
NJSA 39:4-215
39:4-215. Failure to obey signals, signs or directions
Any person who fails to obey the directions of a police officer or fails to obey the directional signals or signs provided hereunder shall be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment for ten days in jail, or both.
L.1950, c. 70, p. 129, s. 3.
NJSA 39:4-216.
39:4-216. Commercial activity or solicitation of contributions; prohibition
No person shall tender or offer for sale goods or merchandise of any kind, engage in any other commercial activity, or solicit contributions for any cause, on any portion of the right of way of a State or interstate highway system, including any rest areas located on such right of way.
Nothing in this section shall be construed to inhibit the operation of commercial traffic, the rendering of emergency services to vehicles or travelers on the State or interstate highway system nor the installation and use of public telephones at locations on the rights of way approved by the State Department of Transportation.
L.1979, c. 66, s. 1, eff. April 4, 1979.
NJSA 39:5-1
39:5-1. Enforcement
39:5-1. Except as otherwise provided, the enforcement of this subtitle shall be vested in the director and the police or peace officers of, or inspectors duly appointed for that purpose by, any municipality or county or by the State. Nothing in this section shall be construed to authorize police or peace officers or inspectors appointed by any municipality or county to conduct random roadside examinations of any vehicle.
Amended 1938,c.164,s.2; 1972,c.169,s.3; 1983,c.403,s.18; 1994,c.60,s.34.
NJSA 39:5-2.
39:5-2. Judicial powers of director
39:5-2. The director shall have the same powers as are conferred by this subtitle on a magistrate.
In considering violations of this subtitle, the director may hold court in any municipality in the State, upon five days' notice given to the defendants summoned to appear before him and shall conduct the proceedings in compliance with, insofar as they are applicable, the rules of the Supreme Court governing municipal courts. The fees and costs shall be the same as in a municipal court. Appeals from a court held by the director shall, in the manner provided for an appeal from a municipal court, be taken to the Superior Court.
Amended 1939,c.216,s.1; 1953,c.36,s.5; 1991,c.91,s.371.
NJSA 39:5-3.
39:5-3. Appearance, arrest process; complaint; venue
Appearance, arrest process; complaint; venue.
39:5-3. a. When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a constable, police officer or the director for the appearance or arrest of the person so charged. In the case of a violation enumerated in subsection b. of this section, this period shall commence upon the filing of a complaint.
b. A complaint may be made to a judge for a violation of R.S.39:3-12, R.S.39:3-34, R.S.39:3-37, R.S.39:4-129 or R.S.39:10-24 at any time within one year after the commission of the offense; for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), section 16 of P.L.1990, c.103 (C.39:3-10.24), section 3 of P.L.1952, c.157 (C.12:7-46), or section 9 of P.L.1986, c.39 (C.12:7-57)at any time within 90 daysafter the commission of the offense; and for a violation of R.S.39:3-40, or section 1 of P.L.1942, c.192 (C.39:4-128.1), at any time within 90 days after the commission of the offense.
c. All proceedings shall be brought before a judge having jurisdiction in the municipality in which it is alleged that the violation occurred, but when a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge having jurisdiction in any one of the municipalities divided by said boundary line, and in the event there shall be no judge or should no judge having such jurisdiction be available for the acceptance of bail and disposition of the case, or should the judges having such jurisdiction be disqualified because of personal interest in the proceedings, or for any other legal cause, said proceeding shall be brought before a judge having jurisdiction in the nearest municipality to the one in which it is alleged such a violation occurred.
Amended 1940, c.212; 1942, c.334, s.1; 1951, c.251; 1953, c.36, s.6; 1959, c.58; 1983, c.403, s.19; 2000, c.85, s.1; 2002, c.56.
NJSA 39:5-5.
39:5-5. Entitling proceedings; bond to secure costs
All proceedings for the violation of this subtitle shall be brought in the name of the State, with the director, police officer, peace officer, constable or any other person who institutes the proceedings as prosecutor. A judge may, at his discretion, refuse to issue a warrant on the complaint of a person other than the director or a police officer, until a sufficient bond to secure costs has been executed and delivered to the judge.
Amended by L.1953, c. 36, p. 620, s. 8; L.1983, c. 403, s. 20, eff. Dec. 23, 1983.
NJSA 39:5-6.
39:5-6. Performance of ministerial acts
All acts, whether in connection with the taking of complaints, issuing of process, return thereof, taking of bail for appearance or committing to custody for failure to deposit such bail and all proceedings preliminary to trial, including the arraignment, taking of plea and postponement of trial and all ministerial acts and proceedings subsequent to trial, may be performed by the clerk or deputy clerk of a magistrate, and the jurisdiction so to do with respect to a violation of this subtitle is hereby conferred.
Amended by L.1952, c. 288, p. 975, s. 1.
NJSA 39:5-7
39:5-7. Suspension of sentence; probation
In any proceeding instituted pursuant to the provisions of this subtitle, except where a mandatory penalty is fixed herein, the magistrate may suspend the imposition or execution of sentence, and may also place the defendant on probation under the supervision of the chief probation officer of the county for a period of not less than six months nor more than one year. The probation shall be effected and administered pursuant to the provisions of sections 2A:168-1 to 2A:168-13 of the New Jersey Statutes.
Amended by L.1953, c. 36, p. 620, s. 9.
NJSA 39:5-9
39:5-9. Forfeiture of bond or cash deposit; disposition of moneys
A bail bond, if forfeited, may be enforced by the director, and any cash deposit in lieu of bond, if forfeited, shall be paid to the director by the magistrate with whom it was deposited; provided, that such forfeiture is in a proceeding instituted by the director, or a member of his staff, or by the State Police, or an inspector of the Public Utility Commission, or a law enforcement officer of any other State agency. The director shall dispose of the proceeds of said forfeiture in the manner provided by section 39:5-40 of this Title and the proceeds of forfeitures in a proceeding instituted by a local officer shall be forwarded by the magistrate to the proper financial officer of the county, wherein they were collected, to be used by the county as a fund for road repairs therein; provided, however, that the magistrate may first deduct costs and fees from forfeited bail in an amount not to exceed the amount of the costs and fees authorized by section 22A:3-4 of the New Jersey Statutes, and pay the same to the municipal treasurer.
Amended by L.1942, c. 334, p. 1179, s. 2; L.1953, c. 36, p. 621, s. 11; L.1965, c. 230, s. 1, eff. Jan. 10, 1966.
NJSA 39:5-11.
39:5-11. Appeal to Superior Court; procedure
39:5-11. If the defendant appeals to the Superior Court, the appeal shall operate as a consent to an amendment of the complaint in that court so as to substitute a new or different charge growing out of the act or acts complained of or the circumstances surrounding such acts; and any provision of law limiting the time within which any such charge may be brought or proceedings taken in the prosecution thereof shall not operate and shall be deemed to have been waived by the appeal.
Amended 1953,c.36,s.13; 1991,c.91,s.372.
NJSA 39:5-20.
39:5-20. Complaint represented on trial on appeal by county prosecutor, attorney general or municipal attorney; aid in prosecution
On an appeal by the defendant in any proceeding instituted under this subtitle, the county prosecutor of the county wherein the alleged violation was committed shall represent the complainant; but where a complaint is made by a member of the State Police charging a violation of either section 39:3-40, 39:4-50 or 39:4-96 of this Title, the Attorney General, and not the prosecutor, shall represent the complainant, and where there is violation of a municipal ordinance relating to traffic regulations and the proceeding was instituted by a municipal officer, the municipal attorney shall represent the complainant. The county prosecutor, charged with the enforcement of this subtitle, may request the Attorney General to attend personally, or by such assistant or assistants as he shall designate, to aid in the prosecution of the appeal.
Amended by L.1953, c. 36, p. 622, s. 22; L.1967, c. 41, s. 1, eff. April 28, 1967; L.1983, c. 403, s. 21, eff. Dec. 23, 1983.
NJSA 39:5-22.
39:5-22. Revoked license not restored by appeal
Where a license has been revoked for a violation of section 39:4-50 of this Title, and an appeal has been taken from the judgment, the appeal shall not operate to restore the license during the pendency of the appeal, however, the license may be restored either by the trial court or the appellate court pending disposition of the appeal.
Amended by L.1953, c. 36, p. 622, s. 24; L.1965, c. 237, s. 1, eff. Feb. 16, 1966.
NJSA 39:5-24.
39:5-24. Proceedings on Sunday
Proceedings under this subtitle may be instituted on any day of the week, and the institution of the proceedings on Sunday shall be no bar to the successful prosecution thereof. Any process served on Sunday shall be as valid as if served on any other day of the week.
39:4-207. Parking overtime by driver of motor vehicle with placard or wheelchair symbol license plates; no penalty
No penalty shall be imposed for the parking overtime of any motor vehicle which has displayed thereon a placard or wheelchair symbol license plates issued pursuant to the provisions of this act under any law or municipal ordinance now in effect or hereafter enacted unless such vehicle shall have been parked in one location for more than 24 hours. This provision shall apply only when the person to whom the placard or special license plate has been issued is either the driver or a passenger of the vehicle.
Amended 1981,c.36,s.4; 1989,c.201,s.4.
NJSA 39:4-207.1.
39:4-207.1. Rules and regulations
The Director of the Division of Motor Vehicles shall promulgate rules and regulations necessary to effectuate the purposes of this act.
L.1981, c. 36, s. 5.
NJSA 39:4-207.2.
39:4-207.2. Mentally retarded person defined
For purposes of this act "mentally retarded person" means a person in a state of significant subnormal intellectual development with reduction of social competence which state shall have existed prior to adolescence and is expected to be of life duration.
L.1984, c. 50, s. 1.
NJSA 39:4-207.3.
39:4-207.3. Motor vehicles used to transport mentally retarded persons; special insignia; issuance; fee; annual renewal; special vehicle identification cards; placard for display
a. The Director of the Division of Motor Vehicles shall issue a special insignia upon the application of a federal, State, county or municipal entity or a public or private nonprofit organization incorporated under the laws of this State for motor vehicles owned or operated by the applicant and used to transport mentally retarded persons. The insignia shall be of a design and shall be posted or attached to the motor vehicle in a place and manner to be determined by the director. The fee for the issuance of an insignia shall be determined by the director and the insignia shall be renewable annually by the director at the time fixed for the annual registration of the vehicle.
b. The director may also issue to an applicant, at the expense of the State, special vehicle identification cards to be carried by the operators of motor vehicles used to transport mentally retarded persons. The cards shall be renewable annually by the director at the time fixed for the annual registration of the vehicles.
c. The director may also issue to an applicant a placard to be displayed on the motor vehicle.
L.1984, c. 50, s. 2.
NJSA 39:4-207.4
39:4-207.4. Authorization to park in space marked for physically handicapped
A motor vehicle owned or operated by a federal, State, county or municipal entity or a public or private nonprofit organization incorporated under the laws of this State and used to transport mentally retarded persons, and which is properly identified in accordance with the provisions of section 1 of this act, is authorized to park in a space appropriately marked for vehicles for the physically handicapped pursuant to law whenever the vehicle is being used to transport mentally retarded persons.
L.1984, c. 50, s. 3.
NJSA 39:4-207.5
39:4-207.5. Out-of-State handicapped plates
A motor vehicle with a special license plate, placard or parking permit issued to a handicapped person by another state, district or territory of the United States, or by Canada shall be entitled to special parking privileges for the handicapped established by any law or by any ordinance, resolution or regulation.
L. 1986, c. 25, s. 1, eff. June 6, 1986.
NJSA 39:4-207.6.
39:4-207.6. Definitions
As used in this act:
a. "Appropriate identification" means, in the case of a restricted parking zone, a permit issued by a municipality under the authority granted by section 2 of P.L.1977, c.309 (C.39:4-197.7) and, in the case of a restricted parking space, a placard or wheelchair symbol license plates issued by the Division of Motor Vehicles under section 3 of P.L.1949, c.280 (C.39:4-206).
b. "Eligible handicapped person" means a handicapped person who is the holder of (1) an identification card issued by the Division of Motor Vehicles under section 2 of P.L.1949, c.280 (C.39:4-205), or (2) a permit issued by a municipality under the authority granted by section 2 of P.L.1977, c.309 (C.39:4-197.7).
c. "Park unlawfully" means to park a motor vehicle in a restricted parking space or a restricted parking zone if the motor vehicle does not display appropriate identification.
d. "Restricted parking space" means a parking space which the State or a local government has established for the exclusive use of a handicapped person but shall not include a restricted parking zone established under section 1 of P.L.1977, c.309 (C.39:4-197.6).
e. "Restricted parking zone" means a parking zone in front of the residence of a handicapped person which a municipality has established for the use of that handicapped person under the authority granted by section 1 of P.L.1977, c.309 (C.39:4-197.6).
L.1989,c.200,s.1.
NJSA 39:4-207.7
39:4-207.7. Removal of motor vehicle parked unlawfully in restricted parking space or zone
a. An eligible handicapped person may request a law enforcement officer to arrange for the removal and storage of a motor vehicle which is parked unlawfully in a parking space or zone which is restricted for use by a handicapped person. It shall be the obligation of the owner of the motor vehicle to pay the reasonable costs for the removal and for any storage which may result from the removal.
b. The removal of a motor vehicle under this section is subject to local ordinances concerning the regulation of that practice, including, but not limited to, the fees charged for the removal, notice requirements therefor, and the licensing of persons engaged in that practice.
c. The assessment of removal and storage costs against a person under this section shall be in addition to any other penalty assessed against the person.
L.1989,c.200,s.2.
NJSA 39:4-207.8.
39:4-207.8. Issuance of handicapped nursing home resident identification card and windshield placard for nursing home vehicles
The Director of the Division of Motor Vehicles in the Department of Law and Public Safety shall issue a handicapped nursing home resident identification card and corresponding windshield placard upon the application of a nursing home owner or operator for use in a vehicle owned or operated by the nursing home when that vehicle is used to transport handicapped nursing home residents. The identification card and corresponding windshield placard shall identify the nursing home owner or operator and the registration number of the nursing home's vehicle for which the card is issued, and shall state that: the nursing home owner or operator is validly qualified to receive the identification card and corresponding windshield placard; the identification card and corresponding windshield placard are for the exclusive use of the nursing home's vehicle when transporting a handicapped nursing home resident; the identification card and corresponding windshield placard are not transferable and will be forfeited if used for purposes not authorized under this act; and an abuse of any privilege, benefit, precedence or consideration granted to a person to whom the identification card and corresponding windshield placard are issued will be sufficient cause for revocation of the identification card and corresponding windshield placard and the same may be forfeited or revoked accordingly, and in the absence of a forfeiture or revocation, the identification card and corresponding windshield placard are valid indefinitely.
The windshield placard shall be displayed on the vehicle when the vehicle is used to transport handicapped nursing home residents. A vehicle displaying this windshield placard is authorized to park in a space appropriately marked for vehicles for the physically handicapped only when delivering or receiving handicapped nursing home residents from one location to another. The vehicle is not permitted to park in designated handicapped parking spaces when it is not transporting handicapped nursing home residents.
The fee for the issuance of the identification card and corresponding windshield placard issued pursuant to this section is $4.00 and is payable to the Director of the Division of Motor Vehicles.
L.1989,c.201,s.6.
NJSA 39:4-207.9
39:4-207.9. Parking spaces for handicapped; requirement for snow removal
1. a. A person who owns or controls a parking area which is open to the public or to which the public is invited and which contains special parking spaces for the use of persons who have been issued a placard or wheelchair symbol license plates pursuant to P.L.1949, c.280 (C.39:4-204 et seq.) shall be responsible for assuring that access to these special parking spaces and to curb cuts or other improvements designed to provide accessibility for handicapped persons is not obstructed.
b. If snow or ice is obstructing the special parking space, curb cut or other improvement designed to provide accessibility for the handicapped, it shall be removed within 48 hours after the weather condition causing the snow or ice ceases.
c. A person who violates this act shall be liable for a penalty of not less than $200 or more than $500.
L.1999,c.182.
NJSA 39:4-208.
39:4-208. Trenton, State's property at; regulations authorized
The Division of State Police in the Department of Law and Public Safety is authorized and empowered to regulate traffic and the parking of motor vehicles on the grounds, and roadways or highways therein, owned by the State of New Jersey at Trenton, and the board, body or officer in charge and control of any State institution may likewise regulate traffic and the parking of motor vehicles on the grounds of such institution and roadways or highways on such grounds, and for such purpose may adopt, promulgate and enforce rules and regulations to prevent traffic congestion and insure a proper, reasonable, orderly and safe use of said grounds, roadways and highways by motorists.
L.1950, c. 16, p. 43, s. 1. Amended by L.1956, c. 47, p. 96, s. 1.
NJSA 39:4-209.
39:4-209. Violations; penalties
Any person who shall violate any of the said regulations shall be subject to a fine of not less than $1.00 nor more than $15.00; provided, however, that any person who shall violate any of said regulations concerning the altering, counterfeiting or misuse of parking permits shall be subject to a fine of not more than $50.00.
L.1950, c. 16, p. 43, s. 2. Amended by L.1973, c. 116, s. 1, eff. May 7, 1973.
NJSA 39:4-210.
39:4-210. Jurisdiction of offenses; disposition of fines
Every magistrate and every court having jurisdiction of criminal offenses and the violations of public laws committed in the municipality in which such grounds are located shall have jurisdiction to hear and determine violations of the said regulations to be made by the said division under the provisions of this act and to fix, impose and enforce payment of fines therefor. All such fines shall be for the use and benefit of the State of New Jersey.
L.1950, c. 16, p. 43, s. 3. Amended by L.1956, c. 47, p. 96, s. 2.
NJSA 39:4-211.
39:4-211. Enforcement of regulations
The State Police, the State Capitol Police, the city police of the city of Trenton, and other police officers of this State, including those specially appointed or designated to police the grounds of any such State institution, shall have the power and authority to enforce the provisions of this act and said regulations upon the public highways located on the said grounds of the State of New Jersey within their respective jurisdictions.
L.1950, c. 16, p. 43, s. 4. Amended by L.1956, c. 47, p. 97, s. 3; L.1983, c. 403, s. 17, eff. Dec. 23, 1983.
NJSA 39:4-212
39:4-212 Consultation, cooperation relative to enforcement of regulations.
5. The said division and any such board, body or officer is authorized to consult and co-operate with the commissioner, and the county and municipal officials having jurisdiction over the highways and traffic regulations and enforcement in the city of Trenton, or in the municipality in which the State institution may be located, as the case may be, in making and enforcing the said regulations.
L.1950,c.16,s.5; amended 1956, c.47, s.4; 2003, c.13, s.58.
NJSA 39:4-213
39:4-213. Control of traffic during emergency conditions; Attorney-General's powers
Whenever the Attorney-General shall determine that an emergency condition exists with regard to the flow of vehicular traffic in this State, he may, through police agencies under his control, determine and control the direction of the flow of such traffic on any State highway, municipal or county road, including the right to detour, reroute or divert any or all traffic necessary to remove the emergency then existing. Said traffic may be detoured, rerouted or diverted to other State highways, or municipal or county roads. The Attorney-General further shall determine the type of vehicle or vehicles permitted to be operated on such State highway, or municipal or county road.
L.1950, c. 70, p. 128, s. 1.
NJSA 39:4-214
39:4-214. Signals; signs; police personnel
For the purpose of carrying into effect the provisions of this act, the Attorney-General is authorized to erect directional signals or signs, and assign such police personnel as may be necessary for the manual direction of traffic during said emergency.
L.1950, c. 70, p. 129, s. 2.
NJSA 39:4-215
39:4-215. Failure to obey signals, signs or directions
Any person who fails to obey the directions of a police officer or fails to obey the directional signals or signs provided hereunder shall be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment for ten days in jail, or both.
L.1950, c. 70, p. 129, s. 3.
NJSA 39:4-216.
39:4-216. Commercial activity or solicitation of contributions; prohibition
No person shall tender or offer for sale goods or merchandise of any kind, engage in any other commercial activity, or solicit contributions for any cause, on any portion of the right of way of a State or interstate highway system, including any rest areas located on such right of way.
Nothing in this section shall be construed to inhibit the operation of commercial traffic, the rendering of emergency services to vehicles or travelers on the State or interstate highway system nor the installation and use of public telephones at locations on the rights of way approved by the State Department of Transportation.
L.1979, c. 66, s. 1, eff. April 4, 1979.
NJSA 39:5-1
39:5-1. Enforcement
39:5-1. Except as otherwise provided, the enforcement of this subtitle shall be vested in the director and the police or peace officers of, or inspectors duly appointed for that purpose by, any municipality or county or by the State. Nothing in this section shall be construed to authorize police or peace officers or inspectors appointed by any municipality or county to conduct random roadside examinations of any vehicle.
Amended 1938,c.164,s.2; 1972,c.169,s.3; 1983,c.403,s.18; 1994,c.60,s.34.
NJSA 39:5-2.
39:5-2. Judicial powers of director
39:5-2. The director shall have the same powers as are conferred by this subtitle on a magistrate.
In considering violations of this subtitle, the director may hold court in any municipality in the State, upon five days' notice given to the defendants summoned to appear before him and shall conduct the proceedings in compliance with, insofar as they are applicable, the rules of the Supreme Court governing municipal courts. The fees and costs shall be the same as in a municipal court. Appeals from a court held by the director shall, in the manner provided for an appeal from a municipal court, be taken to the Superior Court.
Amended 1939,c.216,s.1; 1953,c.36,s.5; 1991,c.91,s.371.
NJSA 39:5-3.
39:5-3. Appearance, arrest process; complaint; venue
Appearance, arrest process; complaint; venue.
39:5-3. a. When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a constable, police officer or the director for the appearance or arrest of the person so charged. In the case of a violation enumerated in subsection b. of this section, this period shall commence upon the filing of a complaint.
b. A complaint may be made to a judge for a violation of R.S.39:3-12, R.S.39:3-34, R.S.39:3-37, R.S.39:4-129 or R.S.39:10-24 at any time within one year after the commission of the offense; for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), section 16 of P.L.1990, c.103 (C.39:3-10.24), section 3 of P.L.1952, c.157 (C.12:7-46), or section 9 of P.L.1986, c.39 (C.12:7-57)at any time within 90 daysafter the commission of the offense; and for a violation of R.S.39:3-40, or section 1 of P.L.1942, c.192 (C.39:4-128.1), at any time within 90 days after the commission of the offense.
c. All proceedings shall be brought before a judge having jurisdiction in the municipality in which it is alleged that the violation occurred, but when a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge having jurisdiction in any one of the municipalities divided by said boundary line, and in the event there shall be no judge or should no judge having such jurisdiction be available for the acceptance of bail and disposition of the case, or should the judges having such jurisdiction be disqualified because of personal interest in the proceedings, or for any other legal cause, said proceeding shall be brought before a judge having jurisdiction in the nearest municipality to the one in which it is alleged such a violation occurred.
Amended 1940, c.212; 1942, c.334, s.1; 1951, c.251; 1953, c.36, s.6; 1959, c.58; 1983, c.403, s.19; 2000, c.85, s.1; 2002, c.56.
NJSA 39:5-5.
39:5-5. Entitling proceedings; bond to secure costs
All proceedings for the violation of this subtitle shall be brought in the name of the State, with the director, police officer, peace officer, constable or any other person who institutes the proceedings as prosecutor. A judge may, at his discretion, refuse to issue a warrant on the complaint of a person other than the director or a police officer, until a sufficient bond to secure costs has been executed and delivered to the judge.
Amended by L.1953, c. 36, p. 620, s. 8; L.1983, c. 403, s. 20, eff. Dec. 23, 1983.
NJSA 39:5-6.
39:5-6. Performance of ministerial acts
All acts, whether in connection with the taking of complaints, issuing of process, return thereof, taking of bail for appearance or committing to custody for failure to deposit such bail and all proceedings preliminary to trial, including the arraignment, taking of plea and postponement of trial and all ministerial acts and proceedings subsequent to trial, may be performed by the clerk or deputy clerk of a magistrate, and the jurisdiction so to do with respect to a violation of this subtitle is hereby conferred.
Amended by L.1952, c. 288, p. 975, s. 1.
NJSA 39:5-7
39:5-7. Suspension of sentence; probation
In any proceeding instituted pursuant to the provisions of this subtitle, except where a mandatory penalty is fixed herein, the magistrate may suspend the imposition or execution of sentence, and may also place the defendant on probation under the supervision of the chief probation officer of the county for a period of not less than six months nor more than one year. The probation shall be effected and administered pursuant to the provisions of sections 2A:168-1 to 2A:168-13 of the New Jersey Statutes.
Amended by L.1953, c. 36, p. 620, s. 9.
NJSA 39:5-9
39:5-9. Forfeiture of bond or cash deposit; disposition of moneys
A bail bond, if forfeited, may be enforced by the director, and any cash deposit in lieu of bond, if forfeited, shall be paid to the director by the magistrate with whom it was deposited; provided, that such forfeiture is in a proceeding instituted by the director, or a member of his staff, or by the State Police, or an inspector of the Public Utility Commission, or a law enforcement officer of any other State agency. The director shall dispose of the proceeds of said forfeiture in the manner provided by section 39:5-40 of this Title and the proceeds of forfeitures in a proceeding instituted by a local officer shall be forwarded by the magistrate to the proper financial officer of the county, wherein they were collected, to be used by the county as a fund for road repairs therein; provided, however, that the magistrate may first deduct costs and fees from forfeited bail in an amount not to exceed the amount of the costs and fees authorized by section 22A:3-4 of the New Jersey Statutes, and pay the same to the municipal treasurer.
Amended by L.1942, c. 334, p. 1179, s. 2; L.1953, c. 36, p. 621, s. 11; L.1965, c. 230, s. 1, eff. Jan. 10, 1966.
NJSA 39:5-11.
39:5-11. Appeal to Superior Court; procedure
39:5-11. If the defendant appeals to the Superior Court, the appeal shall operate as a consent to an amendment of the complaint in that court so as to substitute a new or different charge growing out of the act or acts complained of or the circumstances surrounding such acts; and any provision of law limiting the time within which any such charge may be brought or proceedings taken in the prosecution thereof shall not operate and shall be deemed to have been waived by the appeal.
Amended 1953,c.36,s.13; 1991,c.91,s.372.
NJSA 39:5-20.
39:5-20. Complaint represented on trial on appeal by county prosecutor, attorney general or municipal attorney; aid in prosecution
On an appeal by the defendant in any proceeding instituted under this subtitle, the county prosecutor of the county wherein the alleged violation was committed shall represent the complainant; but where a complaint is made by a member of the State Police charging a violation of either section 39:3-40, 39:4-50 or 39:4-96 of this Title, the Attorney General, and not the prosecutor, shall represent the complainant, and where there is violation of a municipal ordinance relating to traffic regulations and the proceeding was instituted by a municipal officer, the municipal attorney shall represent the complainant. The county prosecutor, charged with the enforcement of this subtitle, may request the Attorney General to attend personally, or by such assistant or assistants as he shall designate, to aid in the prosecution of the appeal.
Amended by L.1953, c. 36, p. 622, s. 22; L.1967, c. 41, s. 1, eff. April 28, 1967; L.1983, c. 403, s. 21, eff. Dec. 23, 1983.
NJSA 39:5-22.
39:5-22. Revoked license not restored by appeal
Where a license has been revoked for a violation of section 39:4-50 of this Title, and an appeal has been taken from the judgment, the appeal shall not operate to restore the license during the pendency of the appeal, however, the license may be restored either by the trial court or the appellate court pending disposition of the appeal.
Amended by L.1953, c. 36, p. 622, s. 24; L.1965, c. 237, s. 1, eff. Feb. 16, 1966.
NJSA 39:5-24.
39:5-24. Proceedings on Sunday
Proceedings under this subtitle may be instituted on any day of the week, and the institution of the proceedings on Sunday shall be no bar to the successful prosecution thereof. Any process served on Sunday shall be as valid as if served on any other day of the week.
