NJSA 39:5-51.   

39:5-51.         Information to municipal court judges
    In a municipal court case which involves a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes or in any other case which involves directly or indirectly a motor vehicle accident, the municipal prosecutor shall inform the municipal court judge in writing during the initial appearance of a defendant before the court of the death of any person or the extent of any personal injury sustained by a person as a result of the violation of the motor vehicle or traffic laws by the defendant or as a result of a motor vehicle accident which occurred during the violation of any other law by the defendant.

   L. 1987, c. 307, s. 1.
 
NJSA 39:5-52.   

39:5-52.         Information to victim
    A victim of a motor vehicle accident as defined in this section shall, upon his request, be provided in writing by the court adjudicating any offense committed during that motor vehicle accident with the following information:

   (1)  Information about the victim's role in the court process;

   (2)  Timely advance notice of the date, time, and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing;

   (3)  Timely notification of the case disposition, including the trial and sentencing;

   (4)  Prompt notification of any decision or action in the case which results in the defendant's provisional or final release from custody; and

   (5)  Information about the status of the case at any time from the commission of the offense to final disposition or release of the defendant.

   As used in this section, "victim" means, unless otherwise indicated, a person who suffers death, or any personal, physical, or psychological injury as a result of a motor vehicle accident.  In the case of death, "victim" means a surviving spouse, child, or the next of kin.

   When a need is demonstrated, the information in this section shall be provided in the Spanish as well as the English language.

   b.   A victim shall be provided with an opportunity to consult with the prosecutor prior to a dismissal of a case or the filing of a proposed plea negotiation with the court if a victim suffered death or sustained bodily injury or serious bodily injury as defined in N.J.S. 2C:11-1.

   c.   This section shall not be construed to alter or limit the authority or discretion of the Supreme Court to regulate the practice of plea agreements in municipal court, or alter or limit the authority or discretion of a prosecutor.

   L. 1987, c. 307, s. 2.
 
NJSA 39:5-53.

39:5-53.   Definitions relative to diplomatic immunity for certain offenses
 1. As used in this act:

 "Motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the Director of the Division of Motor Vehicles pursuant to P.L.1982, c.43 (C.39:5-30.5).

 "Person with diplomatic immunity" means a person who displays to a law enforcement officer a driver's license issued by the United States Department of State or who otherwise claims immunities or privileges under Title 22, chapter 6 of the United States Code.

 L.2003,c.23,s.1.
 
NJSA 39:5-54.

39:5-54.   Procedure for law enforcement officer stopping person with diplomatic immunity
 2. Whenever a person with diplomatic immunity is stopped by a State, county or municipal law enforcement officer who has probable cause to believe that the person has violated N.J.S.2C:11-5, subsection c. of N.J.S.2C:12-1, R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or section 2 of P.L.1972, c.197 (C.39:6B-2), or has committed a motor vehicle moving violation, the law enforcement officer shall:

 a. As soon as practicable, contact the United States Department of State office to verify the driver's status and immunity;

 b. Record all relevant information from the person's driver's license or identification card, including a driver's license or identification card issued by the United States Department of State;

 c. Within five working days after the date of the stop, forward to the Division of Motor Vehicles the following information:

 (1) A vehicle accident report if the person was involved in an accident;

 (2) A copy of any citation or other charging document that was issued, if any; and

 (3) A written report describing the incident if no citation or charging document was issued.

 L.2003,c.23,s.2.
 
NJSA 39:5-55

39:5-55.  Records kept, forwarded by DMV
 3. The Division of Motor Vehicles shall:

 a. Keep records of each accident report, citation or other charging document, and incident report received by law enforcement officers pursuant to subsection c. of section 2 of this act;

 b. Send copies of the reports and documents specified in subsection a. of this section to the Bureau of Diplomatic Security, Office of Foreign Missions in the United States Department of State.

 L.2003,c.23,s.3.
 
NJSA 39:5-56.

39:5-56.   Other laws unaffected
 4. The provisions of this act do not prohibit or limit the application of any law to a criminal or motor vehicle violation by a person who claims immunities or privileges under Title 22 of the United States Code.

 L.2003,c.23,s.4.
 
NJSA 39:5A-1.

39:5A-1.   Written request;  provisions made applicable
    Upon the filing of a written request by a person, or by the board of directors of any corporation, or by the board of trustees of any corporation or  other institution of a public or semipublic character not for pecuniary profit,  incorporated under Title 15 of the Revised Statutes, with the clerk of any  municipality of this State within which the property of such person, corporation or institution is situate, that the provisions of subtitle 1, Title  39, of the Revised Statutes shall be made applicable to the semipublic or  private roads, streets, driveways, trails, terraces, bridle paths, parkways,  parking areas, or other roadways open to or used by the public, tenants,  employees, and the members of such institutions for purposes of vehicular  travel by permission of such persons, corporations or institutions and not as  matter of public right, the provisions of subtitle 1, Title 39, of the Revised  Statutes, shall, in the discretion of the municipal authorities vested with the  police powers in the locality within which the property of such persons,  corporations or institutions is situate, and with the approval of the  Commissioner of Transportation of this State, be made applicable thereto.  Such  written request shall contain the name and post office address of the person,  corporation or institution and shall designate with reasonable accuracy the  semipublic or private roads, streets, driveways, trails, terraces, bridle  paths, parkways, parking areas, or other roadway open to or used by vehicular  traffic, to be affected thereby.

     L.1945, c. 284, p. 834, s. 1.  Amended by L.1954, c. 139, p. 639, s. 2; L.1964, c. 204, s. 1;  L.1970, c. 315, s. 1, eff. Dec. 21, 1970.
 
NJSA 39:5A-2.

39:5A-2.   Rescission of request
    Any such institution may rescind any request filed by it in conformity with  the provisions of the foregoing section, by filing with the clerk of the municipality in which the original request was filed, a written rescission of such request, and thereupon the provisions of subtitle one, Title 39, of the Revised Statutes shall cease to be applicable to the road, street, driveway, trail, terrace, bridle-path, parkway or other roadway, used by vehicular traffic, set forth in such written rescission, effective as of the first day of  January in the year next ensuing the filing of the said rescission; provided,  however, that no rescission may be filed in the same year in which a request  has been filed pursuant to section one of this act.

     L.1945, c. 284, p. 835, s. 2.
 
NJSA 39:5A-3.

39:5A-3.   Request not dedication;  prohibition of use;  different or additional conditions
   The filing of a written request, in pursuance of section 1 of this act, shall not be deemed to constitute a dedication to public use, of any such roads, streets, driveways, trails, terraces, bridle paths, parkways, parking areas, or other roadways open to or used by vehicular traffic, nor shall it be construed to prevent such persons, corporations or institutions, as owners of such property open to or used by the public for purposes of vehicular travel by  permission of such persons, corporations or institutions and not as a matter of  public right, from prohibiting such use or from requiring other or different or  additional conditions than those specified in subtitle 1, Title 39, of the  Revised Statutes, or otherwise regulating such use as may seem best to such  persons, corporations or institutions.

     L.1945, c. 284, p. 835, s. 3.  Amended by L.1954, c. 139, p. 640, s. 3.
 
NJSA 39:5A-4.

39:5A-4.   Application of motor vehicle and traffic laws
    The provisions of subtitle one of Title 39 of the Revised Statutes shall be  applicable to the semipublic or private roads, streets, driveways, trails, terraces, bridle paths, parkways or other roadways open to or used by the public for purposes of vehicular traffic, either as a matter of right or otherwise, within any park maintained in whole or in part by any municipality.

     L.1953, c. 400, p. 2038, s. 1.
 
NJSA 39:5B-18.

39:5B-18.   Definitions
    As used in this act:

    a.   "Certificate of handling"  means a written document issued by the Department of Environmental Protection pursuant to the terms of P.L.1977, c. 233 (C. 26:2D-18 et seq.), approving the use of certain specified New Jersey highways for the transport of specified quantities of radioactive materials.

    b.   "Certificate number"  means the number associated with the certificate  of handling issued by the Department of Environmental Protection.

     L.1983, c. 102, s. 1, eff. March 14, 1983.
 
NJSA 39:5B-19.

39:5B-19.   Radioactive material;  production of certificate of handling, certificate number or other documents upon request
    For the transport of certain types and quantities of radioactive material as  specified by P.L.1977, c. 233 (C. 26:2D-18 et seq.), the driver or operator of  the motor vehicle shall produce the certificate of handling or certificate  number when requested to do so by any State Police officer or any representative of the State Department of Environmental Protection, while in the performance of his office, and shall also produce any other documents in such manner as may be required by law so that the officer or representative may  thereby determine the identity of the certificate holder.

     L.1983, c. 102, s. 2, eff. March 14, 1983.
 
NJSA 39:5B-20.

39:5B-20.   Placard on vehicle
    Where a radioactive material shipment has been certified pursuant to the provisions of P.L.1977, c. 233 (C. 26:2D-18 et seq.), and the rules and regulations promulgated pursuant thereto, and it does not require placarding on  the outside of the shipping vehicle pursuant to federal law or regulations, the  driver or operator of the vehicle shall conspicuously post a placard in the cab  to be readily visible from outside the cab of the vehicle bearing the  conventional radiation symbol and the words:

               "CAUTION:  THIS VEHICLE CONTAINS RADIOACTIVE MATERIAL" .

     Compliance with this section shall be deemed compliance with section 11 of  P.L.1950, c. 128 (C. 39:5B-11).

     L.1983, c. 102, s. 3, eff. March 14, 1983.
 
NJSA 39:5B-21.

39:5B-21.   Possession of certificate of handling or certification number by  driver or operator
    In addition to any other conditions or liability imposed by law, it shall be  unlawful to ship or transport, or cause to be shipped or transported, by motor  vehicle over the highways of this State those types and quantities of radioactive material for which a certificate of handling is required pursuant to the terms of P.L.1977, c. 233 (C. 26:2D-18 et seq.), unless the certificate of handling or certification number is obtained from the State Department of Environmental Protection and is in the possession of the driver or operator of any motor vehicle used for the transport of the material on the highways of this State.

     L.1983, c. 102, s. 4, eff. March 14, 1983.
 
NJSA 39:5B-22.

39:5B-22.   Conditions of certificate of handling;  deviations; prohibition
  Where a certificate of handling is required by law and has been issued by the State Department of Environmental Protection, it shall be unlawful to ship or transport, or cause to be shipped or transported, by motor vehicle over the highways of this State the radioactive material in any manner or condition that  constitutes a deviation from the conditions of the certificate of handling.

     L.1983, c. 102, s. 5, eff. March 14, 1983.
 
NJSA 39:5B-23

39:5B-23.  Inspection
    Any State Police officer or representative of the State Department of Environmental Protection, while in the performance of the duties of his office,  is authorized to inspect any motor vehicle to investigate any actual or  suspected source of radiation for the purpose of determining compliance with  the provisions of, or the need for, a certificate of handling.

     L.1983, c. 102, s. 6, eff. March 14, 1983.
 
NJSA 39:5B-24

39:5B-24.  Violations;  penalties
    The civil penalty for violation of this act for a first offense is not more  than $250.00 and for each subsequent offense is not more than $500.00, which  penalty shall be recovered in accordance with  "the penalty enforcement law"  (N.J.S. 2A:58-1 et seq.).

     L.1983, c. 102, s. 7, eff. March 14, 1983.
 
NJSA 39:5B-25.

39:5B-25.   Definitions
    As used in this act:

    a.   "Department"  means the Department of Transportation;

     b.   "Hazardous material"  means a substance or material determined by the Secretary of the United States Department of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in  commerce and so designated pursuant to the provisions of the "Hazardous Materials Transportation Act,"  Pub.L. 93-633 (49 U.S.C. s. 1801 et seq.).

     L.1983, c. 401, s. 1, eff. Dec. 23, 1983.
 
NJSA 39:5B-26.

39:5B-26.   Rules and regulations
    The department, in consultation with the Department of Environmental Protection, the Department of Labor, the Department of Commerce and Economic Development, the Divisions of Motor Vehicles and State Police of the Department  of Law and Public Safety, and other appropriate State departments and agencies  shall adopt, within 12 months of the effective date of this act and pursuant to  the provisions of the  "Administrative Procedure Act," P.L.1968, c. 410 (C.  52:14B-1 et seq.), rules and regulations concerning the transportation of  hazardous material, which shall, to the maximum extent practicable, conform to  the requirements established by 49 CFR Parts 100-199, adopted by the United  States Department of Transportation pursuant to the provisions of the   "Hazardous Materials Transportation Act,"  Pub.L. 93-633 (49 U.S.C. s. 1801 et  seq.).

     L.1983, c. 401, s. 2, eff. Dec. 23, 1983.
 
NJSA 39:5B-27

39:5B-27.  Office of hazardous materials transportation compliance and enforcement;  responsibilities
    There is created in the Division of State Police of the Department of Law and Public Safety, an Office of Hazardous Materials Transportation Compliance and Enforcement.  It shall be the responsibility of this office to coordinate the implementation and enforcement of the provisions of this act and the rules and regulations adopted pursuant thereto.

     L.1983, c. 401, s. 3, eff. Dec. 23, 1983.
 
NJSA 39:5B-28

39:5B-28.    Annual report
   The department, in consultation with the Department of Environmental Protection, the Department of Labor, the Department of Commerce and Economic Development, the Divisions of Motor Vehicles and State Police of the Department of Law and Public Safety, and other appropriate State departments and agencies, shall, within one year of the effective date of this act and annually thereafter, prepare and submit to the Governor and the Legislature a report detailing the incidence and means of the transportation of hazardous materials in this State, evaluating the protection afforded New Jersey citizens therefrom by all relevant federal and State statutes and regulations, and recommending executive or legislative actions necessary to insure the safe and proper transportation of hazardous materials.

   L. 1983, c. 401, s. 4, eff. Dec. 23, 1983.  Amended by L. 1985, c. 415, s. 4, eff. Jan. 13, 1986.
 
NJSA 39:5B-29

39:5B-29   Violations, penalties.

 5. a. Any person who violates the provisions of this act or any rule or regulation adopted pursuant thereto shall be subject to a penalty of not less than$100 nor more than $5,000.00 for the first offense, nor less than $200 nor more than $10,000.00 for the second offense, nor less than $500 nor more than $25,000.00 for the third or any subsequent offense.  Notwithstanding any other provision of law, 50 percent of the penalty moneys collected pursuant to this paragraph shall be deposited into the "Highway Safety Fund" created pursuant to section 5 of P.L.2003, c.131 (C.39:3-20.4).

 The complaint and summons shall state whether the charges pertain to a first offense, or to a second or subsequent offense, but if the complaint or summons fails to allege a second or subsequent offense, the penalty imposed shall be for a first offense.  The penalty may be reduced to $25 for a first offense, $50 for a second offense, and $125 for a third and subsequent offense for a non-out- of- service equipment violation if the defendant provides proof of repair to the vehicle that is satisfactory to the court.  Proof that the violation has been corrected shall be by a document certifying that the non-out-of-service equipment violation has been corrected.  The Division of State Police, a diesel emissions inspection center licensed by the New Jersey Motor Vehicle Commission, a certified fleet mechanic approved by the New Jersey Motor Vehicle Commission, or any other entity approved by the New Jersey Motor Vehicle Commission shall be authorized to issue the requisite certifying documentation.  The Division of State Police may, in its discretion, designate times and locations where a defendant may bring a vehicle for an inspection pursuant to which a requisite certifying document may be issued.  Nothing in this act shall be construed as requiring the Division of State Police to conduct a vehicle inspection pursuant to which a requisite certifying document may be issued other than at the time and locations as the Division of State Police may provide.

 Repairs to effect a reduction of penalty under the provisions of this section shall be made before the hearing date.  A defendant may be permitted to submit the certification of repairs by mail; provided that if the court deems the certification to be inadequate, it shall afford the defendant the option to withdraw the defendant's guilty plea.

 The Department of Transportation is authorized to adopt a schedule of penalties for any specific violation of P.L.1983, c.401 (C.39:5B-25 et seq.) or any rule or regulation adopted pursuant thereto.  A penalty imposed pursuant to this act may be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or in a summary proceeding before a court of competent jurisdiction wherein injunctive relief has been sought.  The State Police and police officers of the Port Authority of New York and New Jersey may issue a summons and complaint returnable in a municipal court or other court of competent jurisdiction for violations of P.L.1983, c.401 (C.39:5B-25 et seq.) and this amendatory and supplementary act or any rule or regulation adopted pursuant thereto.  In addition to the jurisdiction conferred by the "Penalty Enforcement Law of 1999," the Law and Chancery Divisions of the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalties provided in this act.  The various municipal courts shall have jurisdiction of proceedings for the enforcement of penalties under $5,000.00 provided in P.L.1983, c.401 (C.39:5B-25 et seq.).

 b. Penalties imposed pursuant to this act shall in no way reduce or otherwise limit the liability of any person, pursuant to the laws of this State, for cleanup costs or other damages arising from a discharge of hazardous materials.

 c. The Superintendent of the State Police, police officers of the Port Authority of New York and New Jersey and personnel of the Department of Transportation and of the Department of Environmental Protection duly authorized by the superintendent may, in addition to seeking a civil penalty, seek injunctive relief in the Chancery Division, General Equity Part of the Superior Court as to any person found to have violated any provision of P.L.1983, c. 401 (C. 39:5B-25 et seq.) or this amendatory and supplementary act or any rule or regulation adopted pursuant to either.

 d. (Deleted by amendment, P.L.2003, c.131).

 L.1983,c.401,s.5; amended 1985, c.415, s.5; 2003, c.131, s.2.
 
NJSA 39:5B-30.  

39:5B-30.       Transportation of hazardous materials
    The transportation of hazardous materials in this State shall be carried out in accordance with the provisions of P.L. 1983, c. 401 (C. 39:5B-25 et seq.) and this amendatory and supplementary act, except that this section shall not be construed to limit the application or enforcement of the system of reporting the generation, transportation, storage and disposal of hazardous wastes required to be reported to the Department of Environmental Protection on the special waste manifest pursuant to N.J.A.C. 7:26-7.1 et seq., or as otherwise  provided by law.

   L. 1985, c. 415, s. 1, eff. Jan. 13, 1986.
 
NJSA 39:5B-31

39:5B-31.    Inspection of vehicles
   a.   The Superintendent of the State Police may inspect such vehicles, railroad cars, and places of origin or destination in the State of the hazardous materials being transported, as may be necessary to carry out the provisions of P.L. 1983, c. 401 and this amendatory and supplementary act. The superintendent may also break such cargo seals on vehicles and railroad cars as may be necessary to inspect vehicles and railroad cars transporting hazardous  materials to ascertain that packages as defined in 49 C.F.R. s. 171.8 have been properly classified, described, packaged, marked, labeled, blocked and braced  and are in proper condition for shipment.

   b.   The powers exercised by the superintendent pursuant to this section may also be exercised by police officers of the Port Authority of New York and New Jersey, and by personnel of the Department of Transportation duly authorized by the superintendent.  Appropriate personnel of the Department of Environmental  Protection duly authorized by the superintendent may, consistent with federal  regulations, inspect the contents of packages referred to in subsection a. of  this section at places of origin prior to acceptance by the transporter or at  places of destination after acceptance by the consignee.  In addition, personnel of the Department of Environmental Protection so authorized may conduct, in conjunction with and under the direction of State Police personnel, inspections and break cargo seals as described in subsection a. of this section when at off-highway facilities, including, but not limited to, public truck stops, public rest areas, State weigh stations, and commercial motor vehicle inspection stations.

   c.   The Commissioner of Transportation is authorized to adopt, in consultation with the Superintendent of the State Police and pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations governing inspection and breaking of cargo seals by those authorized to do so under this section.  No person not given specific authority in this section to do so shall break cargo seals under this section or otherwise implement the provisions of this section.

   L. 1985, c. 415, s. 2, eff. Jan. 13, 1986.